The Union Territories (Laws) Act, 1950

An Act no. 30 of the year 1950 being the Act of Central Government which was enacted with the short title as ‘The Union Territories (Laws) Act, 1950’. The Parliament of India has enacted this Act with the view to make provisions to extend the provisions of laws to the Certain Union territories in India. The present Act has received the assent of the honourable President of India on 15th day of April, 1950. And the provisions of this Act were given effect on 16th day of April, 1950 as has been required under the provision of section 1(2) of the Act. Originally, the Act was provided for extension of laws to certain Part- C States, however, after the Adaptation of Laws (No. 2) Order, 1956 was enacted the long title was amended and the provisions of the Act were provided for extension of the laws to the certain Union territories, instead of earlier Part- C States.

Similarly, the Act makes provisions very close to the purpose as aforesaid from its section 2, where the Central Government is empowered to provide for such extension of enactments which are having force in the State at the time of making of such extension, to the Union territories of Delhi, Himachal Pradesh, Manipur or Tripura or even to any part of such territories. Such extension is to be made by the Central Government by notifying the same in the Official Gazette. And there can certain necessary modifications and restriction with which such extension under aforesaid provision can be made by that Government.

Section 3 of the Act makes further provisions as to such extension of certain Acts and Ordinances which are provided under the schedule annexed to the Act of 1949 being the Merged States (Laws) Act, 1949 (Act no. 59 of 1949). Such extension is sought under this provision up on the State of Tripura and also up on the State Vindhya Pradesh. And also such extension should be as such as those laws are having general effect in the territories to which they were originally extended before this present Act brought into operation. Further, the same extension of aforesaid laws was sought in case of State of Manipur also, and this was required by the Union Territories (Laws) Amendment Act, 1956 (Act no. 68 of 1956). However, in case of said Manipur State, the application of certain provisions of the Indian Penal Code, 1860 was sought with certain given modifications therein, such as in case of section 361 thereof, which is dealing with kidnapping from lawful guardianship of the minor, where age of female minor is given under 18 years, however, here the modification is sought i.e. reduction in the age of females’ minority is to 15 years. Similarly, under in case of section 375 of the Indian Penal Code, 1860, which is making provisions as to offence of Rape, where it is originally given that if any offender committees sexual intercourse with or without consent of the women under the age of 16 years, and under exception clause it is said that if any persons having sexual intercourse with his own wife who is not under the age of 15 years is not constituted as rape. However, the present Act sought alteration in the aforesaid ages i.e. committing intercourse with the women under 16 years as aforesaid, here is alter to 14 years and having intercourse with his own wife not being under 15 years, here altered to 13 years, in the aforesaid section 375 for its applicability in the State of Manipur. Further, it is required under same section 3, sub section (2A) thereof, that the Acts provided under Part A of the Schedule annexed with the present Act should not extend to the State of Manipur, however, the Part B Acts under the same Schedule, will be applied and extended, but only after the Union Territories (Laws) Amendment Act, 1956 is brought into force.

Lastly, section 4 of the Act providing for repealing provision, where the Section 7 of the Delhi Laws Act, 1912 (Act no. 13 of 1912), the Ajmer Merwara (Extension of Laws) Act, 1947 (Act no. 52 of 1947), and any other laws which were under force or having effect in the States of Manipur, Tripura and Vindhya Pradesh before the Acts and Ordinances brought under force by virtue of this Act in those States and are corresponding to those Acts and Ordinances, then the same are to repealed without affecting previous operation thereof, etc.

by Faim Khalilkhan Pathan.