Indian Independence Act, 1947.
ro & ii GEO. 6. CH. 30.
ARRANGEMENT OF SECTIONS. Section.
i. The new Dominions.
2. Territories of the new Dominions.
3. Bengal and Assam.
4. The Punjab.
5. The Governor-General of the new Dominions.
6. Legislation for the new Dominions.
7. Consequences of the setting up of the new Dominions.
8. Temporary provision as to government of each of the new
Dominions.
9.- Orders for bringing this Act into force.
ro. Secretary of State's services, etc.
ii. Indian armed forces.
12. British forces in India.
13. Naval forces.
14. Provisions as to the Secretary of State and the Auditor of
Indian Home Accounts.
15. Legal proceedings by and against the Secretary of State.
16. Aden.
17. Divorce jurisdiction.
18. Provisions as to existing laws, etc.
ig. Interpretation, etc.
20. Short title.
SCHEDULES:
First Schedule-Bengal Districts provisionally included
in the new Province of East Bengal.
Second Schedule-Districts provisionally included in the
new Province of West Punjab.
Third Schedule-Modifications of Army Act and Air Force
Act in relation to British forces.
i
io & ii GEO. 6. Indian Independence CH. 30.
Act, 1947-
CHAPTER 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 setting up of those Dominions. - .T J18th July 1947.1
B E 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.-(i) As from the fifteenth day of August, nineteen hundred The new
and forty-seven, two independent Dominions shall be set up in Dominions.
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.-(1) Subject to the provisions of subsections (3) and (4) Territories of
of this section, the territories of India shall be the territories under the new
the sovereignty of His Majesty which, immediately before the Dominions.
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-
(a) the territories which, on the appointed day, are included
in the Provinces ofEast Bengal and West Punjab,
as constituted under the two following sections ; A2 1
CH. 30. Indian Independence io & it GEO. 6.
Act, 1947.
(b) 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
(c) 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, is
being or has recently been held in that behalf under his
authority in the North West Frontier Province are in
favour of representatives of that Province taking part
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-
(a) 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
(b) nt.. area which forms part of the territories specified in
the said subsection (1) or, as the case may be, the said
subsection (2), or which has after the appointed day
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 be
constzued as preventing the accession of Indian States to either
of the new Dominions.
Bengal and 3.-(1) As from the appointed dayAssam.
(a) the Province of Bengal, as constituted under the Govern-
26 Geo. 5 & ment of India Act, 1935, shall cease to exist ; and
r Edw. 8. C. 2. (b) 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, at
the date of the passing of this Act, is being or has recently been
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.
2
io & ii GEO. 6. Indian Independence CH. 30.
Act, 1947.
(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-
(a) 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 ; (b) 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
(c) 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
to a boundary commission, the decisions of the chairman of that
commission contained in his report to the GovernorGeneral at
the conclusion of the commission's proceedings.
4.-(1) As from the appointed day- The Punjab.
(a) the Province of the Punjab, as constituted under the
Government of India Act, 1935, shall cease to exist ; and
(b) 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
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-
(a) 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
(b) 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
to 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.
5. For each of the new Dominions, there shall be a Governor- The GovernorGeneral
who shall be appointee by His Majesty and shall represent General of
His Majesty for the purposes-of the government of the Dominion ; the new
Dominions. A3 3
CH. 30. Indian Independence io & ii GEO. 6.
Act, 1947.
Legislation
for the new
Dominions>
Consequences
of the setting
up of the new
Dominions.
Provided that, unless and until provision to the contrary is
made by a law of the Legislature of either of the new Dominions,
the same person may be Governor-General of both the new
Dominions.
6.-(1) The Legislature of each of the new Dominions shall
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, or to
the provisions of this or any'existing or future Act of Parliament
of the United Kingdom, or to any order, rule or regulation made
under any such Act, and the powers of the Legislature of each
Dominion include the power to repeal or amend any such Act,
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 pleasure thereon
or the suspension of the operation 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 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) The power referred to in subsection (i) of this section
extends to the making of laws limiting for the future the powers
of the Legislature of the Dominion.
7.--(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
=o & is GEO. 6. Indian Independence CH. 30.
Act, 1947.
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.-(1) In the case of each of the new Dominions, the powers Temporary
of the Legislature of the Dominion shall, for the purpose of provision as
making provision as to the constitution of the Dominion, be to government
of e exercisable in the first instance by the Constituent Assembly newach of the
of that Dominion, and references in this Act to the Legislature Dominions.
of the Dominion shall be construed accordingly.
(2) Except in so far as other provision is made by or in accordance
with a Jaw made by the Constituent Assembly of the
Dominion under subsection (i) 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
and-. modifications as may be specified in orders of the GovernorGeneral
under the next succeeding section, have effect accordingly:
5
Ca. 30. Indian Independence 10 & 11 GEO. 6.
Act, 1947.
Orders for
bringing this
Act into force.
Provided that-
(a) the said provisions shall apply separately in relation to
each of the new Dominions and nothing in this subsection
shall be construed as continuing on or after the
appointed day any Central Government or Legislature
common to both the new Dominions ; (b) 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 of any
Province or other part thereof ; (c) so'much of the said provisions as requires the GovernorGeneral
or any Governor to act in his discretion or
exercise his individual judgment as respects any matter
shall cease to have effect as from the appointed day ; (d) 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
(e) the powers of the Federal Legislature or Indian Legislature
under that Act, as in force in relation to each
Dominion, shall, in the first instance, be exercisable
by - the Constituent Assembly of the Dominion in
addition to the powers exercisable by that Assembly
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.
9.-(1) The Governor-General shall by order make such provision
as appears to him to be necessary or expedient-
(a) for bringing the provisions of this Act into effective
operation ; (b) for dividing between the new Dominions, and between the
new Provinces to be constituted under this Act, the
powers, rights, property,, duties and liabilities of the
Governor-General in Collcil or, as the case may be, of
the relevant Provinces which, under this Act, are to
cease to exist ; 6
10 & II GEO. 6. Indian Independence CH. 30.
Act, 1947.
(c) 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 ; (d) for removing difficulties arising in connection with the
transition to the provisions of this Act ; (e) 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;
(f) for enabling agreements to be entered into, and other
acts done, on behalf of either of the new Dominions
before the appointed day ; (g) 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 on behalf of British
India as a whole or on behalf of the former Provinces
which those new Provinces represent ;
(h) for regulating the monetary system and any matters
pertaining to the Reserve Bank of India ; and
(i) 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 GovernorGeneral
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
be matters as respects which the Governors are, under that Act,
to exercise their individual judgment. F (3) This section shall be deemed to have had effect as from the
third day of 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'iby reason of so much of any such order as makes any
provision thereof retrospective to any date before the making
thereof.
7
CH. 30. Indian Independence io & ii GEO. 6.
Act, 1947-
(4) Any orders made under this section, whether before or
after the appointed day, shall have effect-
(a) up to the appointed day, in British India ; (b) on and after the appointed day, in the new Dominion or
Dominions concerned ; and
(c) outside British India, or, as the case may be, outside the
new Dominion or Dominions concerned, to such extent,
whether before, on or after the appointed day, as a law
ui 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 GovernorGeneral,
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 of
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 East
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.
Secretary
of State's
services, etc.
10.-(1) The provisions of this Act keeping in force provisions
of the Government of India Act, 1935, shall not continue in force
the provisions of that Act relating to appointments to the civil
services of, and civil posts under, the Crown in India by the
Secretary of State, or the provisions of that Act relating to the
reservation of posts.
(2) Every person who-
(a) having been appointed by the Secretary of State, or
Secretary of State in Council, to a civil service of the
Crown in India continues on and after the appointed
day to serve under the Government of either of the
new Dominions or of any Province or part thereof ; or
(b) having been appointed by His Majesty before the
appointed day to be a judge of the Federal Court or,
of any court which is a High Court within the meaning
of the Government of India Act, 1935, continues on and
after the appointed day to serve as a judge in either
of the new Dominions,
shall be entitled to receive from the Governments of the Dominions
and Provinces or parts which he is from time to time serving or,
8
10 & ii GEO. 6. Indian Independence CH. 30.
Act, 1947
as the case may be, which are served by the courts, in which he is
from time to time a judge, the same conditions of service as
respects remuneration, leave and pension, and the same rights
as respects disciplinary matters or, as the case may be, as respects
the tenure of his office, or rights as similar thereto as changed
circumstances may permit, as that person was entitled to
immediately before the appointed day.
(3) Nothing in this Act shall be construed as enabling the rights
and liabilities. of any person with respect to the family pension
funds vested in Commissioners under section two hundred and
seventy-three of the Government of India Act, 1935, to be
goveined otherwise than by Orders in Council made (whether
before or after the passing of this Act or the appointed day)
by His Majesty in Council and rules made (whether before or after
the passing of this Act or the appointed day) by a Secretary of
State or such other Minister of the Crown as may be designated in
that behalf by Order in Council under the Ministers of the Crown
(Transfer of Functions) Act, 1946. g & io Geo. 6. c. P.
11.-(1) The orders to be made by the Governor-General under Indian
the preceding provisions of this Act shall make provision for the armed forces.
division of the Indian armed forces of His Majesty between the
new Dominions, and for the command and governance of those
forces until the division is completed.
(2) As from the appointed day, while any member of His
Majesty's forces, other than His Majesty's Indian forces, is
attached to or serving with any of His Majesty's Indian forces-
(a) he shall, subject to any provision to the contrary made
by a law of the Legislature of the Dominion or Dominions
concerned or by any order of the Governor-General
under the preceding provisions of this Act, have, in
relation to the Indian forces in question, the powers of
command and punishment appropriate to his rank and
functions ; but
(b) nothing in any enactment in force at the date of the.
passing of this Act shall render him subject in any way
to the law governing the Indian forces in question.
12.-(i) Nothing in this Act affects the jurisdiction or authority British forces
of His Majesty's Government in the United Kingdom, or of the in India.
Admiralty, the Army Council, or the Air Council or of any other
United Kingdom authority, in relation to any of His Majesty's
forces which may, on or after the appointed day, be in either of
the new Dominions or elsewhere in the territories which, before
the appointed day, were included in India, not being Indian
forces.
9
Ca. 30. Indian Independence =o & i1 GEo. 6.
Act, 1947-
(2) In its application in relation to His Majesty's military
forces, other than Indian forces, the Army Act shall have effect
on or after the appointed day-
(a) as if His Majesty's Indian-forces were not included in
the expressions " the forces ", " His Majesty's forces
and " the regular forces " ; and
(b) subject to the further modifications specified in Parts I
and II of the Third Schedule to this Act.
(3) Subject to the provisions of subsection (2) of this section,
and to any provisions of any law of the Legislature of the Dominion
concerned, all civil authorities in the new Dominions, and,
subject as aforesaid and subject also to the provisions of the
last preceding, section, all service authorities in the new
Dominions, shall, . in those Dominions and in the other
territories which were included in India before the appointed
day, perform in relation, to His Majesty's military forces, not
being Indian forces, the same functions as were, before the
appointed day, performed by them, or by the authorities corresponding
to them, whether by virtue of the Army Act or otherwise,
and the matters for which provision is to be made by
orders of the' Governor-General under the preceding provisions
of this Act shall include the facilitating of the withdrawal from
the new Dominions and other territories aforesaid of His Majesty's
military forces, not being Indian forces.
(4) The provisions of subsections (2) and (3) of this section
shall apply in relation to the air forces of His Majesty, not being
Indian air forces, as they apply in relation to , His Majesty's
military forces, subject, however, to the .necessary adaptations,
and, in particular, as if-
(a) for the references to the Army Act there were substituted
references to the Air Force Act ; and
(b) for the reference to Part II of the Third Schedule to this
Act there were substituted a reference to Part III of
that Schedule.
Naval forces. 13.E--(1) In the application of the Naval Discipline Act to
His Majesty's naval forces, other than Indian naval forces,
references to His Majesty's navy and His Majesty's ships shall
not, as from the appointed day, include references to His Majesty's
Indian navy or the ships thereof.
(2) In the application of the Naval Discipline Act by virtue
of any law made in India before the appointed day to Indian
naval forces, references to His Majesty's navy and His Majesty's
ships shall, as from the appointed day, be deemed to be, and to
be only, references to His Majesty's Indian navy and the ships
thereof. ro
10 & 11 GEO. 6. Indian Independence CH. 30.
Act, 1947-
(3) In section ninety B of the Naval Discipline Act (which, in
certain cases, subjects officers and men of the Royal Navy and
Royal Marines to the law and customs of the ships and naval
forces of other parts of His Majesty's dominions) the words " or
of India " shall be repealed as from the appointed day, wherever
those words occur.
14.-(1) A Secretary of State, or such other Minister of the Provisions
Crown as may be designated in that behalf by Order in Council as to the
4under the Ministers of the Crown (Transfer of Functions) Act, Secretary of
State and the
1946, is hereby authorised to continue for the time being the Auditor of
performance, on behalf of whatever government or governments Indian Home
may be concerned, of functions as to the making of payments Accounts.
and other matters similar to the functions which, up to the
appointed day, the Secretary of State was performing on behalf
of governments constituted or continued under the Government
of India Act, 1935.
(2) The functions referred to in subsection (r) of this section
include functions as respects the management of, and the making
of payments in respect of, government debt, and any enactments
relating to such debt shall have effect accordingly : Provided that nothing in this subsection shall be construed
as continuing in force so much of any enactment as empowers
the Secretary of State to contract sterling loans on behalf of any
such Government as aforesaid or as applying to the Government
of either of the new Dominions the prohibition imposed on the
Governor-General in Council by section three hundred. and
fifteen of the Government of India Act, 1935, as respects the
contracting of sterling loans.
(3) As from the appointed day, there shall not be any such
advisers of the Secretary of State as are provided for by section
two hundred'and seventy-eight of the Government of India Act,
1935, and that section, and any provisions of that Act which
require the Secretary of State to obtain the concurrence of his
advisers, are hereby repealed as from that day.
(4) The Auditor of Indian Home Accounts is hereby authorised
to continue for the time being to exercise his functions as respects
the accounts of the Secretary of State or any such other Minister
of the Crown as is mentioned in subsection (r) of this section,
both in' respect of activities before, and in respect of activities
after, the appointed day, in the same manner, as nearly as may be
as he would have done if this Act had not passed.
15.-(1)` Notwithstanding anything in this Act, and, in par- Legal
ticular, notwithstanding any of the provisions of the last preceding by and
section, any provision of any enactment which, but for the passing against the
of this Act, would authorise legal proceedings to be taken, in Secretary of'
India or elsewhere, by or against the Secretary of State in respect State. TT
CH. 30. Indian Independence io & II GEO. 6.
Act, 1947.
of any right or liability of, India or any part of India shall cease
to have effect on the appointed day, and any legal proceedings
pending by virtue of any such provision on the appointed day
shall, by virtue of this Act, abate on the appointed day, so far
as the Secretary of State is concerned.
(2) Subject to the provisions of this subsection, any legal
proceedings which, but for the passing of this Act, could have
been brought by or against the Secretary of State in respect of any
right or liability of India, or any part of India, shall instead be
brought-
(a) in the case of proceedings in the United Kingdom, by
or against the High Commissioner ; (b) in the case of other proceedings, by or against such
person as may be designated by order of the GovernorGeneral
under the preceding provisions of this Act or
otherwise by the law of the new Dominion concerned,
and any legal proceedings by or against the Secretary of State
in respect of any such right or liability as aforesaid which are
pending immediately before the appointed day shall be continued
by or against the High Commissioner or, as the case may be,
the person designated as aforesaid : Provided that, at any time after the appointed day, the right
conferred by this subsection to bring or continue proceedings
may, whether the proceedings. are by, or are against, the High
Commissioner or person designated as aforesaid., be withdrawn
by a law of the Legislature of either of the new Dominions so far
as that Dominion is concerned, and any such law may operate
as respects proceedings pending at the date of the passing of the
law.
(3) In this section, the expression " the High Commissioner "
means, in relation to each of the new Dominions, any such
officer as may for the time being be authorised to perform in
the United Kingdom, in relation to that Dominion, functions
similar to those performed before the appointed day, in relation
to the Governor-General in Council, by the High Commissioner
referred to in section three hundred and two of the Government
of India Act, 1935 ; and any legal proceedings which, immediately
before the appointed day, are the subject of an appeal to His
Majesty in Council, or of a petition for special leave to appeal
to His Majesty in Council, shall be treated for the purposes of this
section as legal proceedings pending in the United Kingdom.
Aden. 16.-(1) Subsections (2) to (4) of section two hundred and
eighty-eight of the Government of India Act, 1935 (which confer
on His Majesty power to make by Order in Council provision for
the government of Aden) shall cease to have effect and the
British Settlements Acts, 1887 and 1945, (which authorise His
12
1o & ii GEO. 6. Indian Independence CH. 30.
Act, 1947.
Majesty to make laws and establish institutions for British
Settlements as defined in those Acts) shall apply in relation to
Aden as if it were a British Settlement as so defined.
(2) Notwithstanding the repeal of the said subsections (2) to
(4), the Orders in Council in force thereunder at the date of the
passing of this Act shall continue in force, but the said Orders
in Council, any other Orders in Council made under the Government
'of India Act, 1935, in so far as they apply to Aden, and any
enactments applied to Aden or amended in relation to Aden by
any such Orders in Council as aforesaid, may be repealed, revoked
or amended under the powers of the British Settlements Acts,
1887 and 1945.
(3) Unless and until provision to the contrary is made' as
respects Aden under the powers of the British Settlements Acts,
1887 and 1945, or, as respects the new Dominion in question, by a law of the Legislature of that Dominion, the provisions of
the said Orders in Council and enactments relating to appeals
from any courts in Aden to any courts which will, after the
appointed day, be in either of the new Dominions, shall continue
in force in their application both to Aden and to the Dominion
in question, and the last mentioned courts shall exercise their
jurisdiction accordingly.
17.-(1) No court in either of the new Dominions shall, by Divorce
virtue of the Indian and Colonial Divorce Jurisdiction Acts, jurisdiction.
1926 and 1940, have jurisdiction in or in relation to any proceedings
for a decree for the dissolution of a marriage, unless
those proceedings were instituted before the appointed day, but,
save as aforesaid and subject to any provision to the contrary
which may hereafter be made by any Act of the Parliament of
the United Kingdom or by any law of the Legislature of the new
Dominion concerned, all courts in the new Dominions shall have
the same jurisdiction under the said Acts as they would have
had if this Act had not been passed.
(2) Any rules made on or after the appointed day under
subsection (4) of section one of the Indian and Colonial Divorce i6 & 17
Jurisdiction Act, 1926, for a court in either of the new Dominions Geo. 5. c. 40.
shall, instead of being made by the Secretary of State with the
concurrence of the Lord Chancellor, be made by such authority
as may be determined by the law of the Dominion concerned,
and so much of the said subsection and of any rules in force
thereunder immediately before the appointed day as require the
approval of the Lord Chancellor to the nomination for any
purpose of any judges of any such court shall cease to have effect.
(3) The reference in subsection (i) of this section to proceedings
for a 'decree for the dissolution of a marriage include references
to proceedings for such a decree of presumption of death and
dissolution of a marriage as is authorised by section eight of the 1 Edw. 8 & i
Matrimonial Causes Act, 1937. Geo. 6. c. 57.
13
CH. 30. Indian Independence io & ii GEO. 6.
Act, 1947.
(4) Nothing in this section affects any court outside the
new Dominions, and the power conferred by section two of the
Indian and Colonial Divorce Jurisdiction Act, 1926, to apply
certain provisions of that Act to other parts of His Majesty's
dominions as they apply to India shall be deemed to be power
to apply those provisions as they would have applied to India
if this Act had not passed.
Provisions as 18.-(1) In so far as any Act of Parliament, Order in Council,
to existing order, rule, regulation or other. instrument passed or made before
laws, etc. 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, or
as including, references to the new Dominions, taken together, or
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 any
of the provisions,c .f 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 and
eleven of the Government of India Act, 1935, for adapting and
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 the
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 and
with the necessary adaptations, continue as tfie 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.
(q.) It is hereby declared that the Instruments of Instructions
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 construed 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.
14
io & ii GEO. 6. Indian Independence CH. 30.
Act, 1947.
19.-(1) References in this Act to the Governor-General shall, Interpreta- in relation to any order to be made or other act done on or after tion, etc.
the appointed day, be construed-
(a) where the order or other act concerns one only of the
new Dominions, as references to the Governor-General
of that Dominion ; (b) 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
(c) in any other case, as references to the Governors-General
of the new Dominions, acting jointly.
(2) References in this Act to the Governor-General shall, in
relation to any order to be made or other act done before the
appointed day, be construed as references to the Governor-General
of India within the 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-
(i) by the exclusion of the members representing
Bengal, the Punjab, Sind and British Baluchistan ; and
(ii) should it appear that the North West Frontier
Province will form part of Pakistan, by the exclusion
of the members representing that Province ; and
(iii) by the inclusion of members representing
West Bengal and East Punjab ; and
(iv) should it appear that, on the appointed day,
a part of the Province of Assam is to form part of
the new Province of East Bengal, by the exclusion
of the members theretofore representing the Province
of Assam and the inclusion of members chosen to
represent the remainder of that Province ; (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
15
9 & io Geo. 6. c. 39.
Short title.
CIi. 30. Indian Independence .io & i1 GEO. 6.
Act, 1947,
filling of casual vacancies in the said Assemblies., or as preventing
the participation in either of the said Assemblies, in accordance
with such arrangements as may be made in that behalf, of
representatives of the tribal areas on the borders of the Dominion
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 requiresreferences
to the Government of India Act, 1935, include
references to any enactments amending or supplementing
that Act, and, in particular, references to the
India (Central Government and Legislature) Act, 1946 ; " India ", where the reference is to a state of affairs existing
before the appointed day or which would have existed
but for the passing of this Act, has the meaning assigned
to it by section three hundred and eleven of the Government
of India Act, 1935 ; " Indian forces " includes all His Majesty's Indian forces
existing before the appointed day and also any forces
of either of the new Dominions ; " pension " means, in relation to any person, a pension
whether contributory or not, of any kind whatsoever
payable to or in respect of that person, and includes
retired pay so payable, a gratuity so payable and any
sum or sums so payable by way of the return, with or
without interest thereon or other additions thereto,
of subscriptions to a provident fund;
" Province " means a Governor's Province ; " remuneration " includes leave pay, allowances and the cost
of any privileges or facilities provided in kind.
(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.
20. This Act may be cited as the Indian Independence Act,
1947.
16
io & ii GEO. 6. Indian Independence CH. 30.
Act, 1947.
SCHEDUILIES.
FIRST SCHEDULE. Section 3.
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 Mymensingh.
In the Presidency Division, the districts of Jessore, Murshidabad and
Nadia.
In the Rajshahi Division, the districts of Bogra, Dinajpur, Malda,
Pabna, Rajshahi and Rangpur.
SECOND SCHEDULE. Section 4.
DISTRICTS PROVISIONALLY INCLUDED IN THE NEW
PROVINCE OF WEST PUNJAB.
In the Lahore Division, the districts of Gujranwala, Gurdaspur,
Lahore, Sheikhupura and Sialkot.
In the Rawalpindi Division, the districts of Attock, Gujrat, Jhelum,
Mianwali, Rawalpindi and Shahpur.
In the Multan Division, the districts of Dera Ghazi Khan, Jhang,-
Lyalipur, Montgomery, Multan and Muzaffargarh.
THIRD SCHEDULE. Section 22.
MODIFICATIONS OF ARMY ACT AND AIR FORCE ACT IN
RELATION TO BRITISH FORCES.
PART I.
MODIFICATIONS OF ARMY ACT APPLICABLE ALSO TO AIR FORCE ACT.
i. The proviso to section forty-one (which limits the jurisdiction of
courts martial) shall not apply to offences committed in either of the
new Dominions or in any of the other territories which were included
in India before the appointed day.
2. In section forty-three (which relates to complaints), the words
" with the approval of the Governor-General of India in Council "
shall be omitted.
3. In subsections (😎 and (9) of section fifty-four (which, amongst
other things, require certain sentences to be confirmed by the GovernorGeneral
in Council), the words " India or ", the words " by the
A 4 17
CH. 30. Indian Independence io & zi GEO. 6.
Act, 1947.
3RD Sca. Governor-General, or, as the case may be " and the words " in India,
-cont. by the Governor-General, or, if he has been tried " shall be omitted.
4. In subsection (3) of section seventy-three (which provides for the
nomination of officers with power to dispense with courts martial for
desertion and fraudulent enlistment) the words " with the approval
of the Governor-General " shall be omitted.
5. The powers conferred by subsection (5) of section one hundred
and thirty (which provides for the removal of insane persons), shall
not be exercised except with the consent of the officer commanding
the forces in the new Dominions.
6. In subsection (2) of section one hundred and thirty-two (which
relates to rules regulating service prisons and detention barracks) the
words " and in India for the Governor-General " and the words
" the Governor-General " shall be omitted except as respects rules
made, before the appointed day.
7. In the cases specified in subsection (1) of section one hundred
and thirty-four, inquests shall be held in all cases in accordance with
the provisions of subsection (3) of that section.
8. In section one hundred and thirty-six (which relates to deductions
from pay), in subsection (1) the words " India or " and the words
" being in the case of India a law of the Indian legislature ", and the
whole of subsection (z), shall be omitted.
9. In paragraph (4) of section one hundred and thirty-seven (which
relates to penal stoppages from the ordinary pay of officers), the
words " or in the case of officers serving in India the GovernorGeneral
" the words " India or " and the words " for India or, as the
case may be " shall be omitted.
Io.. In paragraph (12) of section, one hundred and seventy-five and
paragraph (ii) of section one hundred and seventy-six (which apply
the Act to certain members of His Majesty's Indian Forces and to
certain other persons) the word " India " shall be omitted wherever
it occurs.
ii. In subsection (i) of section one hundred and eighty (which
provides for the punishment of misconduct by civilians in relation to
courts martial) the words " India or " shall be omitted wherever they
occur.
12. In the provisions of section one hundred and eighty-three
relating to the reduction in rank of non-commissioned officers, the
words " with the approval of the Governor-General " shall be omitted
in both places where they occur.
PART H.
MODIFICATIONS OF ARMY ACT.
Section 184B (which regulates relations with the Indian Air Force)
shall be omitted.
18
.e. io & ii GEO' 6.. Indian Independence CH. 30.
Act, 1947.
PART III.
MODIFICATIONS OF AIR FORCE ACT.
1. In section 179D (which relates to the attachment of officers and
airmen to Indian and Burma Air Forces), the words " by the Air Council
and the Governor-General of India or, as the case may be," and the
words " India or ", wherever those words occur, shall be omitted.
2. In section 184B (which regulates relations with Indian and Burma
Air Forces) the words " India or " and the words " by the Air Council
and the Governor-General of India or, as the case may be," shall be
omitted.
3. Sub-paragraph (e) of paragraph (4) of section one hundred and
ninety (which provides that officers of His Majesty's Indian Air Force
are to be officers within the meaning of the Act) shall be omitted.
