Indian Independence Act 1947 of UK 1947 CHAPTER 30 10 and 11 Geo 6 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 setting up of those Dominions [18th July 1947] 1 The new Dominions. (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 is hereafter in this Act referred to as “the appointed day”. 2—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 Annotations: Help about Annotation Amendments (Textual) F1 Ss. 2–5, 6(1)–(3)(6), 8–12 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII 6 Legislation for the new Dominions. (1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 (4)No Act of Parliament of the United Kingdom passed on or after the appointed day shall extend, or be deemed to extend, to 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 day under any Act passed before the appointed day, and no order, rule or other instrument made on or after the appointed day under any such Act by any United Kingdom Minister or other authority, shall extend, or be deemed to extend, to either of the new Dominions as part of the law of that Dominion. (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 Annotations: Help about Annotation Amendments (Textual) F2 Ss. 2–5, 6(1)–(3)(6), 8–12 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII 7 Consequences of the setting up of the new Dominions. (1)As from the appointed day— (a)His Majesty’s Government in the United Kingdom have no responsibility as respects the government of any of the territories which, immediately before that day, were included in British India; (b)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 respect to Indian States, all obligations of His Majesty existing at that date towards Indian States or the rulers thereof, and all powers, rights, authority or jurisdiction exercisable by His Majesty at that date in or in relation to Indian States by treaty, grant, usage, sufferance or otherwise; and (c)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 areas, 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 exercisable at that date by His Majesty in or in relation to the tribal areas by treaty, grant, usage, sufferance or otherwise: Provided that, notwithstanding anything in paragraph (b) or 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 and communications, posts and telegraphs, or other like matters, until the provisions in question are denounced by the Ruler of the 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 Titles of the words “Indiae Imperator” and the words “Emperor of India” and to the issue by His Majesty for that purpose of His Royal Proclamation under the Great Seal of the Realm. 8—12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 Annotations: Help about Annotation
Posted on: Tue, 30 Jul 2013 16:48:09 +0000
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