47 of 1951
STATEMENT OF OBJECTS AND REASONS “By Article 4 of the Indo-Bhutan Treaty of Friendship concluded on the 8th August, 1949, and subsequently ratified, the Government of India undertook to cede to the Government of Bhutan a strip of territory measuring 32.81 square mites known as Dowager on the border of Kamrup district in the State of Assam. The territory had not been surveyed or demarcated and it could not, therefore, be handed over to Bhutan immediately. Under the provisions of Article 3 of the Constitution which came into force subsequently, the implementation of this undertaking requires an Act of Parliament. Since it involves diminishing the area and altering the boundaries of Assam, the view. of the Legislature of that State with respect to the proposal to introduce a Bill for this purpose and the provisions thereof have been ascertained in accordance with the Proviso to Article 3 of the Constitution. At its meeting held on the 27th March, 1951 the Legislative Assembly of Assam adopted the following resolution-
“The House recommends to the President of the Indian Union the transfer of about 32 square miles of territory in the Dowager hill block to the Bhutan Government as in Schedule below in pursuance of the Treaty of Darjeeling of 8th August, 1949”. This Bill is designed to effect the transfer in accordance with the Constitution “-Gaz. Ind. 1951,Pt.ll-Sec.2, Page 35S. An Act to alter the boundaries of the State of Assam consequent on the cession of a strip of territory comprised in that State to the Government of Bhutan. Be it enacted by Parliament as follows:-
2. Alteration of the Boundaries of Assam .
On and from the commencement of this Act, the territory of the State of Assam shall cease to comprise the strip of territory specified in the Schedule, which shall be ceded to the Government of Bhutan, and the boundaries of the State of Assam shall be deemed to have been altered accordingly.
3. Amendment of the First Schedule to the Constitution.
In the first paragraph of Part A of the First Schedule to the Constitution, under the heading “TERRITORIES OF STATES”, after the words “Assam Tribal Areas,” the following words shall be inserted, namely:-“but shall not include the territories specified in the Schedule tithe Assam (Alteration of Boundaries) Act, 1951-“
(See section 2)
The strip of territory measuring 32.81 square miles lying to the south of Bhutan within26° 45° and 27° North Latitude and 91° 15° and 91° 45° East Longitude, demarcated on the west, north and east by boundary pillars Nos. 90° 91, ° 92°, 93° and 94° erected in 1930-31, and on the south by boundary pillars Nos. 90, 91, 92, 93 and 94 erected in 1950.