1. Short title and commencement.—(1) This Act may be called the Chandernagore (Merger)
Act, 1954.
(2) It shall come into force on the 2nd day of October, 1954.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appointed day” means the 2nd day of October, 1954.
(b) “Assembly constituency”, “Council constituency” and “Parliamentary constituency” have
the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(c) “Chandernagore” means the whole of the territory which immediately before the 9thday of
June, 1952 was comprised in the Free Town of Chandernagore;
(d) “law” means so much of any enactment, Ordinance, Regulation, order, rule, scheme,
notification, bye-law or any other instruments having the force of law as relates to matters
enumerated in List I and List III in the Seventh Schedule to the Constitution;
(e) “sitting member”, in relation to the House of the People or either House of the Legislature
of the State of West Bengal means a person who immediately before the appointed day is a
member of the House;
(f) “State Government” means the Government of West Bengal;
(g) “Union purposes” means the purposes of government relatable to any of the matters
mentioned in the Union List in the Seventh Schedule to the Constitution.
3. Chandernagore to form part of West Bengal.—(1) As from the appointed day
Chandernagore shall form part of the state of West Bengal and the boundaries of that State shall be so
altered as to comprise within them the territory of Chandernagore.
(2) Without prejudice to the power of the State Government to alert hereafter the extent, limits
and names of districts and sub-divisions, Chandernagore shall form part of the district of Hooghly in
the state of West Bengal and the State Government shall be order in the Official Gazette, provide for
the administration of Chandernagore by constituting it into a new sub-division of the said district
whether with the addition of such areas of that district as may be specified in the order or without such
addition.
4. Amendment of the First Schedule to the Constitution.—In the First Schedule to the
Constitution, Part A, in the description of the territories of States, in the last paragraph, after the
words, “as if they formed part of that Province”, the following shall be inserted, namely:—
“and in the case of the state of West Bengal shall also comprise the territory of
Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954,”
5. Representation of Chandernagore in the House of the People.—(1) Until otherwise
provided by law, as from the appointed day—
(a) Chandernagore shall be included in, and become part of, the Hooghly Parliamentary
constituency formed by the Delimitation of Parliamentary and Assembly Constituencies (West
Bengal) Order, 1951 and that order shall have effect subject to the following modifications,
namely:—
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In Table A—
(i) for the entry in column 2 relating to Serampore constituency, the following
entry shall be substituted, namely:—
“Bhadreswar, Singur, Serampore, Uttarpara, Chanditala and Jangipara police
stations of Hooghly District and Domjur and Bally police stations of Howrah
District;.
(ii) for the entry in column 2 relating to Hooghly constituency, the following
entry shall be substituted, namely:—
“Pandua, Dhaniakhali, Chinsura (excluding Ward No. 1 of Bansbaria
Municipality), Polba, Haripal, Tarakeswar, Arambagh, Khanakul and Pursura
police stations of Hooghly District and Chandernagore”;
(b) the sitting member of he House of the People representing the Hooghly Parliamentary
constituency shall be deemed to have been elected by that constituency as modified by this Act.
(2) As soon as may be after the appointed day, the electoral roll of the Hooghly Parliamentary
constituency shall be prepared in accordance with the provisions of the Representation of the People
Act, 1950 (43 of 1950), and the rules made thereunder and the roll so prepared shall come into force
immediately upon its final publication.
6. Representation of Chandernagore in the Legislative Assembly of West Bengal.—Until
otherwise provided by law,—
(a) There shall be an additional constituency of the Legislative Assembly of West Bengal (to
be known as the Chandernagore Assembly constituency) comprising the entire area of
Chandernagore, whether with the addition of such areas of other constituencies as may be
determined by the President or without such addition and the said constituency shall be
represented in that Assembly by one member to be chosen by direct election;
(b) the President shall, as soon as may be after the appointed day and after consulting the
Election Commission, amend by order the delimitation of Parliamentary and Assembly
Constituencies (West Bengal) Order, 1951 so as to include therein the Chandernagore assembly
constituency and the particulars relating thereto as required by section 9 of the Representation of
the People Act, 1950 (43 of 1950);
(c) the total number of seats to be filled by direct election in the Legislative Assembly of
West Bengal shall be increased from 238 to 239;
(d) in the Second Schedule to the Representation of the people Act, 1950 (43 of 1950), in the
part relating to Part A, States, for the entry in column 2 against „West Bengal‟, the entry „239‟
shall be substituted.
7. Electoral roll of the Chandernagore assembly constituency.—The electoral roll of the
Chandernagore Assembly constituency shall be prepared and published in accordance with the
provisions of the Representation of the People Act, 1950, (43 of 1950), and the rules made thereunder
and come into force immediately upon its final publication.
8. Election to fill the seat allotted to the Chandernagore Assembly constituency.—As soon as
may be after the delimitation of the Chandernagore Assembly constituency under the provisions of
clause (b) of section 6, there shall be held an election to fill the seat allotted to the Chandernagore
assembly constituency in the Legislative Assembly of West Bengal; and for that purpose the election
Commission shall, by notification in the Official Gazette, call upon the Chandernagore Assembly
constituency to elect a person for the purpose of filling that seat before such date as may be specified
in the notification and the provisions of the Representation of the people Act, (43 of 1951), and the
rules and orders made thereunder shall apply, as far as may be, in relation to such election.
9. Consequences of alteration in the extent of certain Assembly constituencies.—If in
consequence of the addition of areas to Chandernagore for the purpose of constituting the
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Chandernagore Assembly constituency, the extent of any existing Assembly constituency is altered,
then—
(a) the electoral roll of the existing Assembly constituency as so altered shall, until it is
prepared afresh in accordance with the provisions of the Representation of the People Act, 1950
(43 of 1950), and the rules made thereunder, be deemed to consist of so much of the electoral roll
as relates to the areas comprised within that constituency as so altered;
(b) every sitting member of the Legislative Assembly of West Bengal representing the
existing Assembly constituency shall be deemed to have been elected to that Assembly by that
constituency as so altered.
10. Representation of Chandernagore in the Legislative Council of West Bengal.—(1) Until
otherwise provided by law, as from the appointed day—
(a) Chandernagore shall be included, in and become part of, the following Council
constituencies formed by the Delimitation of Council Constituencies (West Bengal) Order, 1951,
namely:—
(i) The West Bengal South (Graduates) constituency;
(ii) the Burdwan Division (Teachers) constituency;
(iii) the Hooghly-Howrah (Local Authorities) Constituency;
(b) any reference in the said order to West Bengal, Burdwan Division or Hooghly District
shall be construed as including therein Chandernagore;
(c) every sitting member of the West Bengal South (Graduates constituency, the Burdwan
Division (Teachers) constituency or the Hooghly-Howrah (Local Authorities) constituency, the
extent of which is by virtue of the provisions of clause (a) altered, shall be deemed to have been
elected to the said Council by that constituency as so altered.
(2) As soon as may be after the appointed day the electoral rolls of the West Bengal South
(Graduates) constituency, the Burdwan Division (Teachers) constituency and the Hooghly-Howrah
(Local Authorities) constituency shall be prepared in accordance with the provisions of the
Representation of the People Act, 1950 (43 of 1950 and the rules made there under and the rolls so
prepared shall come into the force immediately upon their final publication.
11. Amendment of section 9, Act 81 of 1952.—In section 9 of the Delimitation Commission
Act, 1952, in sub-section (3), for the words “and the orders made under any of the said Act”„ the
words, brackets and figures “the Chandernagore (Merger) Act, 1954 and the orders made under any of
the said acts” shall be substituted.
12. Conferment of Indian citizenship on French citizens domiciled in Chandernagore.—
Subject to the provisions of article III of the Treaty of Cession of the Territory of the free Town of
Chandernagore all French subjects and citizens of the French Union domiciled in the said Territory on
the 9th day of June, 1952, shall be deemed to have become citizens of India on that day.
13. Property and assets.—(1) All property and assets within Chandernagore which, immediately
before the appointed day, are vested in the Central Government for the purposes of the
administration of Chandernagore shall, as from that day, vest in the State Government unless the
purposes, for which such property or assets are held immediately before that day, are Union purposes.
(2) A certificate of the Central Government signed by a Secretary to that Government shall be
conclusive as to whether the purposes for which any property or assets are held immediately before
the appointed day are Union purposes.
14. Rights, liabilities and obligations.—(1) All rights, liabilities and obligations of the Central
Government arising out of, or in relation to, the administration of Chandernagore shall, as from the
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appointed day be rights, liabilities and obligations of the State Government unless such rights,
liabilities and obligations are relatable to Union purposes.
(2) A certificate of the Central Government signed by a Secretary to that Government shall be
conclusive as to whether any rights, liabilities or obligations arising out of, or in relation to, the
administration of Chandernagore are relatable to Union purposes.
15. Subordinate Courts.—All Courts which immediately before the appointed day are exercising
lawful powers, authority and jurisdiction in Chandernagore under the superintendence and control of
the High Court at Calcutta shall, until further provision is made by a competent legislature or
authority, continue to exercise their respective powers, authority and jurisdiction in Chandernagore
under the superintendence and control of that High Court.
16. Existing authorities and officers to continue in Chandernagore.—Without prejudice to the
powers of the State Government to appoint from time to time such officers as may be necessary for
the administration of Chandernagore, the Administrator of Chandernagore, all judges, magistrates and
other officers of Chandernagore who, immediately before the appointed day, are exercising lawful
functions in Chandernagore or any part thereof, shall, until other provision is made by the State
Government, continue to exercise in connection with the administration of Chandernagore their
respective functions in the same manner and to the same extent as before the appointed day.
17. Extension of laws to Chandernagore.—All laws which immediately before the appointed
day extend to, or are in force in the State of West Bengal generally shall, as from that day, extend to
or, as the case may be come into force in, Chandernagore.
18. Repeal of corresponding laws and savings.—(1) Any law in force in Chandernagore
immediately before the appointed day (hereafter in this act referred to as the “corresponding law”)
which corresponds to any law referred to in section 17, whether such corresponding law in force in
Chandernagore by virtue of the Chandernagore (Application of Laws) Order, 1950 or by virtue of is
any notification issued under the Chandernagore (Administration) Regulation, 1952 (Reg. I of 1952)
or otherwise, shall, as from that day, stand repealed in Chandernagore.
(2) The repeal by sub-section (1) of any corresponding law shall not affect—
(a) the previous operation of any such law; or
(b) any right, privilege, obligation, or liability acquired accrued or incurred under any such
law; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against
any such law; or
(d) any investigation, legal proceeding or remedy in respect of such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation,
legal proceeding or remady may be instituted, continued, or enforce, and any such penalty,
forfeiture, or punishment may be imposed as if this Act had not been passed.
(3) Subject to the provisions of sub-section (2), anything done or any action taken (including any
appointment or delegation made, notification, order, instruction or direction issued, rule, form, by law
or scheme framed, certificate, patent, permit, or licence granted, or registration effect), under such
corresponding law shall be deemed to have been done or taken under the corresponding provision of
the law as extended to, or inverse, in Chandernagore on and from the appointed day and shall contrive
in force accordingly unless and until superseded by anything done or any action taken under such law.
19. Power to remove difficulties.—(1) If any difficulty arises in relation to the transition from
any corresponding law to any law which by virtue of section 17 shall, as from the appointed day,
extend to or come into force in, Chandernagore, the Central Government may, by order in the Official
Gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this act (otherwise than in relation
to the transition from any corresponding law) or in connection with the administration of
Chandernagore as a part of West Bengal, the State Government may, by order in the Official Gazette,
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make such provisions not inconsistent with the purposes of this act, as appear to it to be necessary or
expedient for removing the difficulty.
(3) No power under sub-section (1) or sub-section (2) shall be exercised by the Central
Government, or, as the case may be, the State Government after the expiry of three years from the
appointed day.
(4) Any order made under sub-section (1) or sub-section (2) may be made so as to be
retrospective to any date not earlier than the appointed day.