43. Territorial extent of laws.—The provisions of section 3 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 Bihar or West Bengal 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.
44. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to
Bihar or West Bengal, 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the adaptations and modifications so made until altered, repealed or amended by a competent authority or
competent legislature.
Explanation.—In this section, the expression “appropriate Government” means as respects any law
relating to a matter enumerated in the Union List the Central Government, and as respects any other law,
the State Government.
45. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been
made 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 Bihar
or West Bengal, 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.
46. Power to name authorities, etc. for exercising statutory functions.—The Government of West
Bengal 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 in any part of the transferred territories as may be mentioned in that notification, and such law
shall have effect accordingly.
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47. Legal proceedings.—Where, immediately before the appointed day, the State of Bihar is a party
to any legal proceedings with respect to any property rights or liabilities transferred to the State of West
Bengal under this Act, that State shall be deemed to be substituted for the State of Bihar as a party to
those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue
accordingly.
48. Transfer of pending proceedings.—(1) Every proceeding pending immediately before the
appointed day before a Court (other than a High Court), tribunal, authority or officer—
(a) in any area which on that day remains within Bihar shall, if it is a proceeding relating
exclusively to any part of the transferred territories, stand transferred to the corresponding Court,
tribunal authority or Officer in West Bengal; and
(b) in any area which on that day falls within the transferred territories shall, if it is a proceeding
relating exclusively to any part of the territories remaining within Bihar, stand transferred to the
corresponding Court, tribunal, authority or officer in that State.
(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 before 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 means—
(i) the Court, tribunal, authority or officer 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 as may be
determined after the appointed day by the Government of that State, or before the appointed day
by the Government of Bihar, to be the corresponding Court, tribunal authority or officer.
49. 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 the transferred
territories 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 West Bengal.
50. Effect of provisions inconsistent with other laws.—The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law.
51. 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 provision which appear to him to
be necessary or expedient for the purpose of removing the difficulty.
52. 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.
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[(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.]