Bare Acts

PART XI LEGAL AND MISCELLANEOUS PROVISION


119. Territorial extent of laws.―The provisions of Part II shall not be deemed to have effected any
change in the territories to which any law in force immediately before the appointed day extends or
applies, and territorial references in any such law to an existing State shall, until otherwise provided by a
competent Legislature or other competent authority, be construed as meaning the territories within that
State immediately before the appointed day.
120. Power to adapt laws.―For the purpose of facilitating the application of any law in relation to
any of the States 1
[or Union territories] formed or territorially altered by the provisions of Part II, the
appropriate Government may, before the expiration of one year from the appointed day, by order make
such adaptations and modifications of the law, whether by way of repeal or amendment, as may be
necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and
modifications so made until altered, repealed or amended by a competent Legislature or other competent
authority.
Explanation.―In this section, the expression “appropriate Government” means—
(a) as respects any law relating to a matter enumerated in the Union List, the Central
Government; and
(b) as respects any other law,―
(i) in its application to a 2
*** State, the State Government, and
(ii) in its application to a 3
[Union territory], the Central Government.
121. Power to construe laws.―Notwithstanding that no provision or insufficient provision has been
made under section 120 for the adaptation of a law made before the appointed day, any Court, tribunal or
authority required or empowered to enforce such law may, for the purpose of facilitating its application in
relation to any State 4
[or Union territory] formed or territorially altered by the provisions of Part II,
construe the law in such manner, without affecting the substance, as may be necessary or proper in regard
to the matter before the Court, tribunal or authority.
122. Power to name authorities, etc., for exercising statutory functions.―The Central
Government, as respects any 3
[Union territory], and the State Government as respects any new State or
any transferred territory, may, by notification in the Official Gazette, specify the authority, officer or
person who, as from the appointed day, shall be competent to exercise such functions exercisable under
any law in force on that day as may be mentioned in that notification and such law shall have effect
accordingly.
123. Legal proceedings.―Where immediately before the appointed day, the Union or an existing
State is a party to any legal proceedings with respect to any property, rights or liabilities subject to
apportionment under this Act, the successor State which succeeds to, or acquires a share in, that property
or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the

1. Ins. by the Adaptation of Laws (No. 1) Order, 1956.
2. The word and letter “Part A” omitted., ibid.
3. Subs. ibid., for “Part C State”.
4. Ins., ibid.
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Union or the existing State as a party to those proceedings, or added as a party thereto, as the case may be,
and the proceedings may continue accordingly.
124. Right of pleaders to practise in certain Courts.―Any person who immediately before the
appointed day, is enrolled as a pleader entitled to practise in any subordinate Courts in an existing State
which is affected by the provisions of Part II shall, for a period of six months from that day, continue to
be entitled to practise in those Courts, notwithstanding that the whole or any part of the territories within
the jurisdiction of those Courts has been transferred to another State.
125. Provisions as to certain pending proceedings.―(1) Every proceeding pending immediately
before the appointed day before a Court (other than a High Court), tribunal, authority or officer in any
area which on that day falls within a State shall, if it is a proceeding relating exclusively to any part of the
territories which as from that day are the territories of another State 1
[or form a Union territory], stand
transferred to the corresponding Court, tribunal, authority or officer in the other State 1
[or the Union
territory, as the case may be].
(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1),
it shall be referred to the High Court having jurisdiction in respect of the area in which the Court, tribunal,
authority or officer before which or whom such proceeding is pending on the appointed day, is
functioning and the decision of that High Court shall be final.
(3) In this section—
(a) “proceeding” includes any suit, case or appeal; and
(b) “corresponding Court, tribunal, authority or officer” in a State 1
[or Union territory] means―
(i) the Court, tribunal, authority or officer in that State 1
[or Union territory] in which, or
before whom, the proceeding would have lain if the proceeding had been instituted after the
appointed day, or
(ii) in case of doubt, such Court, tribunal, authority or officer in that State 1
[or Union
territory] as may be determined after the appointed day by the Government of that State 1
[or the
Central Government, as the case may be], or before the appointed day by the Government of the
corresponding State, to be the corresponding Court, tribunal, authority or officer.
126. [Declaration of certain ancient monuments, etc., in Part C States to be of national
importance.]―Rep. by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of
1958), s. 39 (w.e.f. 15-10-1959).
127. Effect of the provisions of the Act inconsistent with other laws.―The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in any other law.
128. Power to remove difficulties.―If any difficulty arises in giving effect to the provisions of this
Act, the President may by order do anything not inconsistent with such provisions which appears to him
to be necessary or expedient for the purpose of removing the difficulty.
129. Power to make rules.―(1) The Central Government may, by notification in the Official
Gazette, make rules to give effect to the provisions of this Act.

1. Ins. by the Adaptation of Laws (No. 1) Order, 1956.
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1
[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]
130. Repeal of Act 49 of 1951.―(1) The Government of Part C States Act, 1951, is repealed with
effect from the appointed day.
(2) The said repeal shall not affect any laws made by the Legislature of a Part C State by virtue of any
power conferred on that Legislature by the Act so repealed, and all such laws in force immediately before
the appointed day shall continue in force, subject to such adaptations and modifications as may be made
therein under section 120, until altered, repealed or amended by a competent Legislature or other
competent authority. 

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