THE ACQUIRED TERRITORIES (MERGER) ACT, 1960 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title. 

2.  Definitions. 

3.  Merger of acquired territories. 

4.  Amendment of the First Schedule to the Constitution. 

5.  Construction of references to existing constituencies. 

6.  Provisions as to sitting members. 

7.  Property and assets. 

8.  Appropriation of moneys for expenditure in acquired territories. 

9.  Extension of laws. 

10.  Power to name authorities for exercising statutory functions. 

11.  Power to remove difficulties. 

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE.  

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THE ACQUIRED TERRITORIES (MERGER) ACT, 1960 

ACT No. 64 OF 1960 

[28th December, 1960.] 

An Act to provide for the merger into the States of Assam, Punjab and West Bengal of certain 
territories acquired in pursuance of the agreements entered into between the Governments 
of India and Pakistan and for matters connected therewith. 

BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:― 

1. Short title.―This Act may be called the Acquired Territories (Merger) Act, 1960. 

2. Definitions.―In this Act, unless the context otherwise requires,― 

(a)  “acquired  territories”  mean  so  much  of  the  territories  comprised  in  the  Indo-Pakistan 
agreements  and  referred  to  in  the  First  Schedule  as  are  demarcated  for  the  purpose  of  being 
acquired by India in pursuance of the said agreements; 

(b) “appointed day” means such date1 as the Central Government may, by notification in the 
Official Gazette, appoint for the merger of the acquired territories under section 3, after causing 
the territories to be so acquired demarcated for the purpose, and different dates may be appointed 
for the merger of such territories into different States; 

(c)  “assembly  constituency”,  “council  constituency”  and  “parliamentary  constituency”  have 

the same meanings as in the Representation of the People Act, 1950  (43 of 1950); 

(d) “Indo-Pakistan agreements” mean the Agreements dated the 10th day of September, 1958, 
the  23rd  day  of  October,  1959  and  the  11th  day  of  January,  1960  entered  into  between  the 
Governments  of  India  and  Pakistan,  the  relevant  extracts  of  which  are  set  out  in  the  Second 
Schedule; 

(e)  “law”  includes  any  enactment,  ordinance,  regulation,  order,  bye-law,  rule,  scheme, 
notification or other instrument having the force of law in the whole or in any part of the acquired 
territory; 

(f) “sitting member”, in relation to either House of Parliament or of the Legislature of a State, 

means a person who, immediately before the appointed day, is a member of that House; 

(g) “State concerned”, in relation to the acquired territories referred to in Part I, Part II and 
Part III of the First Schedule, means, respectively, the State of Assam, the State of Punjab and the 
State of West Bengal; and “State Government concerned” shall be construed accordingly; 

(h)  “Union  purposes”  mean  the  purposes  of  Government  relatable  to  any  of  the  matters 

mentioned in List I of the Seventh Schedule to the Constitution. 

3.  Merger  of  acquired  territories.―(1)  As  from  the  appointed  day,  the  acquired  territories 
referred to in Part I, Part II and Part III of the First Schedule shall, respectively be included in, and 
form part of the States of Assam, Punjab and West Bengal. 

(2)  As  from  the  appointed  day,  the  State  Government  concerned  shall,  by  order  in  the  Official 
Gazette, provide for the administration of the acquired territories included in that State by including 
them or any part of them in such district, sub-division, police station or other administrative unit as 
may be specified in the order. 

1. 17th January, 1961, vide notification No. G.S.R. 74, dated 14th January, 1961, see Gazette of India, Extraordinary, Part II, 

sec. 3(i). 

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4. Amendment of the First Schedule to the Constitution.―As from the appointed day, in the 

First Schedule to the Constitution,― 

(a)  in  the  paragraph  relating  to  the  territories  of  the  State  of  Assam,  after  the  words  “the 
Assam Tribal Areas”, the words, figures and brackets “and the territories referred to in Part I of 
the First Schedule to the Acquired Territories (Merger) Act, 1960” shall be inserted; 

(b)  in  the  paragraph  relating  to  the  territories  of  the  State  of  Punjab,  after  the  words  and 
figures “the States Reorganisation Act, 1956 (37 of 1956)”, the words, figures and brackets “and 
the territories referred to in Part II of the First Schedule to the Acquired Territories (Merger) Act, 
1960” shall be inserted; 

(c)  in  the  paragraph  relating  to  the  territories  of  the  State  of  West  Bengal,  after  the  words, 
brackets  and  figures  “the  Bihar  and  West  Bengal  (Transfer  of  Territories)  Act,  1956  (40  of 
1956)”,  the  words,  figures  and  brackets  “and  the  territories  referred  to  in  Part  III  of  the  First 
Schedule to the Acquired Territories (Merger) Act, 1960” shall be inserted. 

5. Construction of references to existing constituencies.―As from the appointed day,― 

(a)  any  reference  in  the  Delimitation  of  Parliamentary  and  Assembly  Constituencies  

Order, 1956,― 

(i) to the State of Assam or Punjab or West Bengal, shall be construed as including that 

part of the acquired territory which is included in that State; 

(ii)  to  any  district,  sub-division,  police  station  or  other  administrative  unit,  shall  be           

construed  as  including  that  part  of  the  acquired  territory,  if  any,  which  is  included  in  that 
district,  sub-division,  police  station  or  other  administrative  unit,  by  order  made  under  
sub-section (2) of section 3; 

(b) any reference in the Delimitation of Council Constituencies (Punjab) Order, 1951― 

(i) to the State of Punjab, shall be construed as including that part of the acquired territory 

which is included in that State; 

(ii)  to  any  district,  shall  be  construed  as  including  that  part  of  the  acquired  territory,  if 

any, which is included in that district, by order made under sub-section (2) of section 3; 

(c) any reference in the Delimitation of Council Constituencies (West Bengal) Order, 1951― 

(i) to the State of West Bengal, shall be construed as including that part of the acquired 

territory which is included in that State; 

(ii) to any division or district, shall be construed as including the acquired territory, if any, 
which is included in that division or district, by order made under sub-section (2) of section 3. 

6.  Provisions  as  to  sitting  members.―(1)  Every  sitting  member  of  the  House  of  the  People 
representing  any  parliamentary  constituency  the  extent  of  which  has  been  altered  by  virtue  of  the 
provisions of this Act shall, notwithstanding such alteration, be deemed to have been elected as from 
the appointed day to that House by that constituency as so altered. 

(2) Every sitting member of the Legislative Assembly of the State of Assam or Punjab or West 
Bengal representing any assembly constituency the extent of which has been altered by virtue of the 
provisions of this Act shall, notwithstanding such alteration, be deemed to have been elected as from 
the appointed day to the said Legislative Assembly by that constituency as so altered. 

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(3) Every sitting member of the Legislative Council of Punjab or West Bengal representing any 
Council constituency the extent of which has been altered by virtue of the provisions of this Act, shall, 
notwithstanding such alteration, be deemed to have been elected as from the appointed day to the said 
Legislative Council by that constituency as so altered. 

7.  Property  and  assets.―(1)  All  property  and  assets  within  the  acquired  territories  which 
immediately before the appointed day, are vested in Pakistan or in the Province of East Pakistan or the 
Province of West Pakistan shall, as from that day,― 

(a) where such property and assets are relatable to Union purposes, vest in the Union; 

(b)  in  any  other  case,  vest  in  the  State  concerned  in  which  the  acquired  territories  are 

included. 

(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. 

8.  Appropriation  of  moneys  for  expenditure  in  acquired  territories.―(1)  As  from  the 
appointed  day,  any  Act  passed  by  the  Legislature  of the  State  of  Assam  or  Punjab  or  West  Bengal 
before that day for the appropriation of any moneys out of the Consolidated Fund of that State to meet 
any expenditure in respect of any part of the financial year 1960-61, shall have effect also in relation 
to  the  acquired  territories  included  in  that  State  and  it  shall  be  lawful  for  the  State  Government 
concerned to spend any amount in respect of those territories out of the amount authorised by such 
Act to be expenditure for any service in that State. 

(2) The Governor of the State concerned may, after the appointed day, authorise such expenditure 
from  the  Consolidated  Fund  of  that  State  as  he  deems  necessary  for  any  purpose  or  service  in  the 
acquired territories included in that State for a period of not more than three months beginning with 
the appointed day pending the sanction of such expenditure by the Legislature of that State. 

9.  Extension  of  laws.―All  laws  in  force  in  the  acquired  territories  immediately  before  the 
appointed  day  shall,  as  from  that  day,  cease  to  be  in  force  in  those  territories  and  all  laws  in  force 
generally in the State concerned in which the acquired territories are included shall, as from that day, 
extend to, or as the case may be, come into force in, those territories: 

Provided that anything done or any action taken before the appointed day under any law in force 
in  the  acquired  territories  shall  be  deemed  to  have  been  done  or  taken,  as  from  the  appointed  day, 
under the corresponding law extended to, and in force, in those territories. 

10.  Power  to  name  authorities  for  exercising  statutory  functions.―The  State  Government 
concerned,  as  respects  the  acquired  territories  included  in  that  State,  may,  by  notification  in  the 
Official Gazette, specify the authority, officer or person who, on or after the appointed day, shall be 
competent  to  exercise  such  functions,  exercisable  under  any  law  in  force  on  that  day  in  those 
territories, as may be mentioned in that notification and such law shall have effect accordingly. 

11. 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  9  shall,  as  from  the  appointed  day, 
extend  to,  or  come  into  force  in,  the  acquired  territories,  the  Central  Government  may,  by  order 
notified 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 the acquired 
territories as a part of the State in which they are included, the State Government concerned may, by 
order in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as 
appear to it to be necessary or expedient for removing the difficulty. 

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(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 so made as to be retrospective 

to any date not earlier than the appointed day. 

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THE FIRST SCHEDULE 

[See sections 2(a), 2(g), 3 and 4] 

PART I 

The acquired territory in relation to item (7) of paragraph 2 of the Agreement dated the 10th day 

of September, 1958. 

PART II 

The acquired territory in relation to item (ii) and item (iii) of paragraph 1 of the Agreement dated 

the 11th day of January, 1960. 

PART III 

The acquired territory in relation to item (5) and item (10) of paragraph 2 of the Agreement dated 
the 10th day of September, 1958 and paragraph 4 of the Agreement dated the 23rd day of October, 
1959. 

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THE SECOND SCHEDULE 

[See section 2(d)] 

1.  EXTRACTS  FROM  THE  NOTE  CONTAINING  THE  AGREEMENT  DATED  THE  10TH  DAY  OF                             

SEPTEMBER, 1958. 

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2. As a result of the discussions, the following agreements were arrived at:― 

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 (5)  

24 Parganas ― Khulna 

24 Parganas ― Jessore  

―Boundary disputes. 

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It is agreed that the mean of the two respective claims of India and Pakistan should be adopted, 

taking the river as a guide, as far as possible, in the case of the latter dispute. (Ichhamati river). 

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(7) Piyain and Surma river regions to be demarcated in accordance with the relevant notifications, 
cadastral  survey  maps  and,  if  necessary,  record  of  rights.  Whatever  the  result  of  this  demarcation 
might be, the nationals of both the Governments to have the facility of navigation on both these rivers. 

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(10) Exchange of old Cooch Behar enclaves in Pakistan and Pakistan enclaves in India without 

claim to compensation for extra area going to Pakistan, is agreed to. 

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Signed. ( M.S.A. BAIG)  

Foreign Secretary, 

Signed. (M. J. DESAI) 

Commonwealth Secretary, 

Ministry of Foreign Affairs and Commonwealth Relations, 

Ministry of External Affairs, 

Government of Pakistan.  

Government of India. 

NEW DELHI, SEPTEMBER, 10, 1958. 

2. EXTRACTS FROM THE AGREEMENT ENTITLED “AGREED DECISIONS AND PROCEDURES TO END 
DISPUTES AND INCIDENTS ALONG THE INDO-EAST PAKISTAN BORDER AREAS”, DATED THE 23RD DAY 
OF OCTOBER, 1959. 

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4. West Bengal ― East Pakistan Boundary. 

Over  1,200  miles  of  this  boundary  have  already  been  demarcated.  As  regards  the  boundary 
between West Bengal and East Pakistan in the areas of Mahanada, Burung and Karatoa rivers, it was 
agreed that demarcation will be made in accordance with the latest cadastral survey maps supported 
by relevant notifications and record of rights. 

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(Sd.) (J. G. KHARAS) 
Acting Foreign Secretary, 
Ministry of Foreign Affairs and Commonwealth Relations 
       Karachi, 

(Sd.) (M. J. DESAI) 
Commonwealth Secretary, 
Ministry of External Affairs, 
         New Delhi. 

NEW DELHI, 

October 23, 1959. 

3.  EXTRACTS  FROM  THE  AGREEMENT  ENTITLED  “AGREED  DECISIONS  AND  PROCEDURES  TO  END 
DISPUTES AND INCIDENTS ALONG THE INDO-WEST PAKISTAN BORDER AREAS”, DATED THE 11TH DAY 
OF JANUARY, 1960. 

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1.  West  Pakistan-Punjab  border.―  Of  the  total  of  325  miles  of  the  border  in  this  sector, 
demarcation has been completed along about 252 miles. About 73 miles of the border has not yet been 
demarcated  due  to  differences  between  the  Governments  of  India  and  Pakistan  regarding 
interpretation of the decision and Award of the Punjab Boundary Commission presented by Sir Cyril 
Radcliffe as Chairman of the Commission. These differences have been settled along the lines given 
below in a spirit of accommodation: 

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(ii) Chak Ladheke (Amritsar-Lahore border).―The Governments of India and Pakistan agree 
that the delineation of the boundary will be as shown in the map of the Kasur Tehsil by Sir Cyril 
Radcliffe  and  Chak  Ladheke  will  in  consequence  fall  within  the  territorial  jurisdiction  of  the 
Government of India. 

(iii)  Ferozepur  (Lahore-Ferozepur  border).―The  Governments  of  India  and  Pakistan  agree 
that the West Pakistan-Punjab (India) boundary in this region is along the district boundaries of 
these districts and not along the actual course of the river Sutlej. 

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(Sd.) M. J. DESAI,   
Commonwealth Secretary, 
Ministry of External Affairs,  
Government of India. 

NEW DELHI; 

January 11, 1960. 

(Sd.) J. G. KHARAS, 
Joint Secretary, 

Ministry of Foreign Affairs and Commonwealth Relations, 
Government of Pakistan. 

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