(10 &11 Geo. 6., c.30)

An Act to make provision for the setting up in India of two independent Dominions, to substitute other provisions for certain provisions of the Government of India Act, 1935, which apply outside those Dominions, and to provide for other matters consequential on or connected with the sitting up of those Dominions.

[18th July 1947.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows

(1) As from the fifteenth day of August, nineteen hundred and forty-seven, two independent Dominions shall be set up in India, to be known respectively as India and Pakistan.

(2) The said Dominions are hereafter in this Act referred to as "the new Dominions", and the said fifteenth day of August hereafter in this Act referred to as " the appointed day".

(1) Subject to the provisions of subsections (3) and (4) this section, the territories of India shall be the territories under which, immediately before the appointed day, were included in British India except the territories which under subsection (2) of this section, are to be the territories of Pakistan.

(2) Subject to the provisions of subsections (3) and (4) of this section, the territories of Pakistan shall be-

1. the territories which, on the appointed day, are included in the Provinces of East Bengal and West Punjab, as constituted under the two following section;
2. the territories which, at the date of the passing of this Act, are included in the Province of Sind and the Chief Commissioner's Province of British Baluchistan ; and
3. if, whether before or after the passing of this Act but before the appointed day, the Governor-General declares, that the majority of the valid votes cast in the referendum which, at the date of the passing of this Act, being or has recently been held in that behalf under authority in the North West Frontier Province favour of representatives of that Province in the Constituent Assembly of Pakistan, the territories which, at the date of the passing of this Act, are included in that Province.

(3) Nothing in this section shall prevent any area being at any time included in or excluded from either of the new Dominions, so, however, that-

1. no area not forming part of the territories specified in subsection (1) or, as the case may be, subsection (2), of this section shall be included in either Dominion without the consent of that Dominion; and
2. no area which forms part of the territories specified the said subsection (1) or, as the case may be, the said subsection (2), or which has after the appointed been included in either Dominion, shall be excluded from that Dominion without the consent of that Dominion.

(4) Without prejudice to the generality of the provisions of subsection (3) of this section, nothing in this section shall construed as preventing the accession of Indian States to either of the new Dominions.

(1) As from the appointed day-

1. the Province of Bengal, as constituted under the Government of India Act, 1935, shall cease to exist; and
2. there shall be constituted in lieu thereof two new Provinces, to be known respectively as East Bengal and West Bengal.

(2) If, whether before or after the passing of this Act, but before the appointed day, the Governor-General declares that the majority of the valid votes cast in the referendum which, t the date of the passing of this Act, is being or has recently be held in that behalf under his authority in the District of Sylhet are in favour of that District forming part of the new Province of East Bengal, then, as from that day, a part of the Province of Assam shall, in accordance with the provisions of subsection (3) of this section, form part of the new Province of East Bengal.

(3) The boundaries of the new Provinces aforesaid and, in the event mentioned in subsection (2) of this section, the boundaries ,after the appointed day of the Province of Assam, shall be such as may be determined, whether before or after the appointed day, by the award of a boundary commission appointed or to be appointed by the Governor-General in that behalf, but until the boundaries are so determined-

1. the Bengal Districts specified in the First Schedule to this Act, together with, in the event mentioned in subsection (2) of this section, the Assam District of Sylhet, shall be treated as the territories which are to be comprised in the new Province of East Bengal;
2. the remainder of the territories comprised at the date of the passing of this Act in the Province of Bengal shall be treated as the territories which are to be comprised in the new Province of West Bengal; and
3. in the event mentioned in subsection (2) of this section, the District of Sylhet shall be excluded from . the Province of Assam.

(4) In this section, the expression " award " means, in relation a boundary commission, the decisions of the chairman of that commission contained in his report to the Governor-General at the conclusion of the commission's proceedings.

(1) As from the appointed day-

1. the Province of the Punjab, as constituted under the Government of India Act, 1935, shall cease to exist ; and
2. there shall 'be constituted two new Provinces, to be known respectively as West Punjab and East Punjab.

(2) The boundaries of the said new Provinces shall be such as be determined, whether before or after the appointed day, the award of a boundary commission appointed or to be appointed by the Governor-General in that behalf, but until the boundaries are so determined-

1. the Districts specified in the Second Schedule to this Act shall be treated as the territories to be comprised in the new Province of West Punjab; and
2. the remainder of the territories comprised at the date of the passing of this Act in the Province of the Punjab shall be treated as the territories which are to be comprised in the new Province of East Punjab.

(3) In this section, the expression " award," means, in relation a boundary commission, the decisions of the chairman of that commission contained in his report to the Govemor-General at conclusion of the commission's proceedings.

For each of the new Dominions, there shall be a Governor-General who shall be appointed by His Majesty and shall represent Majesty for the purposes of the government of the Dominion:

Provided that, unless and until provision to the contrary made by a law of the Legislature of either of the new Dominions the same person may be Govemor-General of both the Dominions.

(1) The Legislature of each of the new Dominions have full power to make laws for that Dominion, including laws having extra-territorial operation.

(2) No law and no provision of any law made by the Legislature of either of the new Dominions shall be void or inoperative, on the ground that it is repugnant to the law of England, the provisions of this or any existing or future Act of Parliament of the United Kingdom, or to any order, rule or regulation: under any such Act, and the powers of the Legislature of Dominion include the power to repeal or amend any such order, rule or regulation in so far as it is part of the law of the Dominion.

(3) The Governor-General of each of the new Dominions shall have full power to assent in His Majesty's name to any law of the Legislature of that Dominion and so much of any Act as relates to the disallowance of laws by His Majesty or the reservation of laws for the signification of His Majesty's please thereon or the suspension of laws until the signification of His Majesty's pleasure thereon shall not apply to laws of the Legislature of either of the new Dominions.

(4) No Act of Parliament of the United Kingdom passed after the appointed day shall extend, or be deemed to extent either of the new Dominions as part of the law of that Dominion unless it is extended thereto by a law of the Legislature of the Dominion.

(5) No Order in Council made on or after the appointed under any Act passed before the appointed day, and no order, rule or other instrument made on or after the appointed under any such Act by any United Kingdom Minister or o authority, shall extend, or be deemed to extend, to either of new Dominions as part of the law of that Dominion.

(6) The power referred to in subsection (1) of this section extends to the making of laws limiting for the future the powers of the Legislature of the Dominion.

(1) As from the appointed day-

1. His Majesty's Government in the United Kingdom has no responsibility as respects the government of any the territories which, immediately before that d were included in British India;
2. the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States, all functions exercisable by His Majesty at that date with to Indian States, all obligations of His Majesty existing at that date towards Indian States or the rulers and all powers, rights, authority or jurisdiction, exercisable by His Majesty at that date in or in: to Indian States by treaty, grant, usage, suffer otherwise ; and
3. there lapse also any treaties or agreements in force at the date of the passing of this Act between His Majesty and any persons having authority in the tribal any obligations of His Majesty existing at that date, to any such persons or with respect to the tribal areas and all powers, rights, authority or jurisdiction able at that date by His Majesty in or in relation to the tribal areas by treaty, grant, usage, suffer, otherwise :

Provided that, notwithstanding anything in paragraph (c) of this subsection, effect shall, as nearly as may be, continue to be given to the provisions of any such agreement as is therein referred to which relate to customs, transit, communications, posts and telegraphs, or other like matters until the provisions in question are denounced by the Ruler of Indian State or person having authority in the tribal areas on the one hand, or by the Dominion or Province or other part thereof concerned on the other hand, or are superseded by subsequent agreements.

(2) The assent of the Parliament of the United Kingdom is hereby given to the omission from the Royal Style and the words " Indiae Imperator" and the words " Emperor of India" and to the issue by His Majesty for that purpose Proclamation under the Great Seal of the Realm.

(1) In the case of each of the new Dominions, the powers of the Legislature of the Dominion shall, for the purpose of making provision as to the constitution of the Dominion be exercisable in the first instance by the Constituent Assembly of that Dominion, and references in this Act to the Legislature of the Dominion shall be construed accordingly.

(2) Except in so far as other provision is made by or in accordance with a law, made by the Constituent Assembly of the Dominion under subsection (1) of this section, each of the new Dominions and all Provinces and other parts thereof shall be governed as nearly as may be in accordance with the Government of India Act, 1935 ; and the provisions of that Act, and of the Orders in Council, rules and other instruments made thereunder shall, so far as applicable, and subject to any express provisions of this Act, and with such omissions, additions, adaptations, modifications as may be specified in orders of the Governor-General under the next succeeding section, have effect accordingly:

Provided that -

1. the said provisions shall apply separately in relation to each of the new Dominions and nothing in this section shall be construed as continuing on or after appointed day any Central Government or Legislature common to both the new Dominions;
2. Nothing in this subsection shall be construed as continuing in force on or after the appointed day any form of control by His Majesty's Government in the United Kingdom over the affairs of the new Dominions or any Province or other part thereof;
3. so much of the said provisions as requires the Governor-General or any Governor to act in his discretion, exercise his individual judgement as respects any matter shall cease to have effect as from the appointed day;
4. as from the appointed day, no Provincial Bill shall be reserved under the Government of India Act, 1935 for the signification of His Majesty's pleasure, and no Provincial Act shall be disallowed by His Majesty thereunder ; and
5. the powers of the Federal Legislature or Indian Legislature under that Act, as in force in relation to Dominion, shall, in the first instance, be exercised by the Constituent Assembly of the Dominion in addition to the powers exercisable by that Asst under subsection (1) of this section.

(3) Any provision of the Government of India Act, 1935, which as applied to either of the new Dominions by subsection (2) of this section and the orders therein referred to, operates to limit the power of the legislature of that Dominion shall, unless and until other provision is made by or in accordance with a law made by the Constituent Assembly of the Dominion in accordance with the provisions of subsection (1) of this section, have the like effect as a law of the Legislature of the Dominion limiting for the future the powers of that Legislature.

(1) The Governor-General shall by order make such vision as appears to him to be necessary or expedient-  

1. for bringing the provisions of this Act into effective operation ;
2. for dividing between the new Dominions, and between the new Provinces to be constituted under this Act, powers, rights, property, duties and liabilities of the Governor-General in Council or, as the case may t the relevant Provinces which, under this Act, are to cease to exist;
3. for making omissions from, additions to, and adaptations and modifications of, the Government of India Act, 1935, and the Orders in Council, rules and other instruments made thereunder, in their application to the separate new Dominions;
4. for removing difficulties arising in connection with the transition to the provisions of this Act
5. for authorising the carrying on of the business of the Governor-General in Council between the passing of this Act and the appointed day otherwise than in accordance with the provisions in that behalf of the Ninth Schedule to the Government of India Act, 1935
6. for enabling agreements to be entered into, and other acts done, on behalf of either of the new Dominions before the appointed day;
7. for authorising the continued carrying on for the time being on behalf of the new Dominions, or on behalf of any two or more of the said new Provinces, of services and activities previously carried on behalf of British India as a whole or on behalf of the former Provinces which those new Provinces represent;
8. for regulating the monetary system and any matters pertaining to the Reserve Bank of India; and ;
9. so far as it appears necessary or expedient in connection with any of the matters aforesaid, for varying the constitution, powers or jurisdiction of any legislature, court or other authority in the new Dominions and creating new legislatures, courts or other authorities therein.

(2) The powers conferred by this section on the Governor-General shall, in relation to their respective Provinces, be exercisable also by the Governors of the Provinces which, under this Act, are to cease to exist ; and those powers shall, for the purposes of the Government of India Act, 1935, be deemed to matters as respects which the Governors are, under that Act, to exercise their individual judgement.

(3) This section ion shall be deemed to have had effect as from the June, nineteen hundred and forty-seven, and any order of the Governor-General or any Governor made on or after that date as to any matter shall have effect accordingly, and any order made under this section may be made so as to be retrospective to any date not earlier than the said third day of June:

Provided that no person shall be deemed to be guilty of an offence by reason of so much of any such order as makes any provision thereof retrospective to any date before the making thereof.

(4) Any orders made under this section, whether before or after the appointed day, shall have effect-

1. up to the appointed day, in British India;
2. on and after the appointed day, in the new Dominion or Dominions concerned; and
3. outside British India, or, as the case may be, outside new Dominion or Dominions concerned, to such extent whether before, on or after the appointed day, as a law of the Legislature of the Dominion or Dominions concerned would have on or after the appointed day,

but shall, in the case of each of the Dominions, be subject to the same powers of repeal and amendment as laws of the Legislature of that Dominion.

(5) No order shall be made under this section, by the Governor of any Province, after the appointed day or, by the Governor-General, after the thirty-first day of March, nineteen hundred and forty-eight, or such earlier date as may be determined in the case of either Dominion, by any law of the Legislature that Dominion.

(6) If it appears that a part of the Province of Assam is on the appointed day, to become part of the new Province of Bengal, the preceding provisions of this section shall have effect as if, under this Act, the Province of Assam was to cease to exist on the appointed day and be reconstituted on that day as a new Province.

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13. Naval Forces

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14. Provisions as to the Secretary of State and the Auditor of Indian Home Accounts

[omitted]

15. Legal proceedings by and against the Secretary of State

[omitted]

[omitted]

[omitted]

18. Provisions as to Existing laws etc.,

(1) In so far as any Act of Parliament, Order in Council, order, rule, regulation or other instrument passed or made before the appointed day operates otherwise than as part of the law of British India or the new Dominions, references therein to India or British India, however worded and whether by name or not shall, in so far as the context permits and except so far as Parliament may hereafter otherwise provide, be construed as, as including, references to the new Dominions, taken together, taken separately, according as the circumstances and subject matter may require :

Provided that nothing in this subsection shall be construed as continuing in operation any provision in so far as the continuance thereof as adapted by this subsection is inconsistent with of the provisions of this Act other than this section.

(2) Subject to the provisions of subsection (1) of this section, and to any other express provision of this Act, the Orders in Council made under subsection (5) of section three hundred eleven of the Government of India Act, 1935, for adapting modifying Acts of Parliament shall, except so far as Parliament may hereafter otherwise provide, continue in force in relation to all Acts in so far as they operate otherwise than as part of law of British India or the new Dominions.

(3) Save as otherwise expressly provided in this Act, the law of British India and of the several parts thereof existing immediately before the appointed day shall, so far as applicable with the necessary adaptations, continue as the law of each of the new Dominions and the several parts thereof until other provision is made by laws of the Legislature of the Dominion in question or by any other Legislature or other authority having power in that behalf.

(4) It is hereby declared that the Instruments of Instruction issued before the passing of this Act by His Majesty to the Governor-General and the Governors of Provinces lapse as from the appointed day, and nothing in this Act shall be construe as continuing in force any provision of the Government of India Act, 1935, relating to such Instruments of Instructions.

(5) As from the appointed day, so much of any enactment as requires the approval of His Majesty in Council to any rules of court shall not apply to any court in either of the new Dominions.

(1) References in this Act to the Governor-General shall, in relation to any order to be made or other act done on or after the appointed day, be construed-

1. where the order or other act concerns one only of the new Dominions, as references to the Governor-General of that Dominion ;
2. where the order or other act concerns both of the new Dominions and the same person is the Governor-General of both those Dominions, as references to that person; and
3. in any other case, as references to the Governors-General of the new Dominions, acting jointly.

(2) References in this Act to the Govemor-General shall, in to any order to be made or other act done before the appointed be construed as references to the Governor-General of India within the he meaning of the Government of India Act, 1935, and so much of that or any other Act as requires references to the Governor-General to be construed as references to the Governor-General in Council shall not apply to references to the Governor-General in this Act.

(3) References in this Act to the Constituent Assembly of a Dominion shall be construed as references-

(a) in relation to India, to the Constituent Assembly, the first sitting whereof was held on the ninth day of December, nineteen hundred and forty-six, modified-

(b) in relation to Pakistan, to the Assembly set up or about to be set up at the date of the passing of this Act under the authority of the Governor-General as the Constituent Assembly for Pakistan :

Provided that nothing in this subsection shall be construed as affecting the extent to which representatives of the Indian States take part in either of the said Assemblies, or as preventing the filling of casual vacancies in the said Assemblies, or as preventing the participation in either of the said Assemblies, in ae with such arrangements as may be made in that behalf of representatives of the tribal areas on the borders of the for which that Assembly sits, and the powers of the said Assemblies shall extend and be deemed always to have extended to the making of provision for the matters specified in this proviso.

(4) In this Act, except so far as the context otherwise requires -

(5) Any power conferred by this Act to make any order includes power to revoke or vary any order previously made in the exercise of that power.

This Act may be cited as the Indian Independence Act 1947.

BENGAL DISTRICTS PROVISIONALLY INCLUDED IN THE NEW PROVINCE OF EAST BENGAL.

In the Chittagong Division, the districts of Chittagong, Noakhali and Tippera.

In the Dacca Division, the districts of Bakarganj, Dacca, Faridpur and Myrnensingh.

In the Presidency Division, the districts of Jessor Murshidabad and Nadia

In the Rajshahi Division, the districts of Bogra, Dinajpur, Malda, Rajshahi and Rangpur.

SECOND SCHEDULE.

DISTRICTS PROVISIONALLY INCLUDED IN THE NEW PROVINCE OF WEST PUNJAB.

In the Lahore Division, the districts of Gujranwala, Gurdaspur, ore, Sheikhupura and Sialkot.

In the Rawalpindi Division, the districts of Attock, Gujrat, jhelum, Rawalpindi and Shahpur.

In the Mulltan Division, the districts of Dera Ghazi Khan, Jhang, Lyallpur, Montgomery, Multan and Muzaffargarh.

THIRD SCHEDULE.

MODIFICATIONS OF ARMY ACT AND AIR FORCE ACT IN RELATION TO BRITISH FORCES.

[Omitted]

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