Punjab act 029 of 1948 : East Punjab Special Tribunal (Continuance) Act, 1948

Preamble

1East Punjab Special Tribunal (Continuance) Act, 1948*

[East Punjab Act No. 29 of 1948][4th November, 1948]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected by legislation
1948 29 The East Punjab Special Tribunal (Continuance) Act, 1948 Amended in part by the Adaptation of Laws Order, 1950 Amended in part by Punjab Act 20 of 1950.2

An Act to provide for the continuance of the East Punjab Special Tribunal

It is hereby enacted as follows:-

1 For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraordinary), 1948, page 531-DD; for the proceedings in the Assambly, see East Punjab Legislative Assembly Debates, Volume in, 1948, pages 63-64.

2 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1950, page 812; for proceedings in the Assembly, see Punjab Legislative Assembly Debates, Volume II, 1950, page (4) 73-(4)79.

* [Received the assent of His Excellency the Governor on the 4th November, 1948, and first published in the East Punjab Government Gazette (Extraordinary) of November 9, 1948].

Preamble

1East Punjab Special Tribunal (Continuance) Act, 1948*

[East Punjab Act No. 29 of 1948][4th November, 1948]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected by legislation
1948 29 The East Punjab Special Tribunal (Continuance) Act, 1948 Amended in part by the Adaptation of Laws Order, 1950 Amended in part by Punjab Act 20 of 19502

An Act to provide for the continuance of the 3[Haryana] Special Tribunal.

It is hereby enacted as follows:-

1. For Statement of Objects and Reasons, see East Punjab Government Gazette, (Extraordinary), 1948, page 531-DD; for the proceedings in the Assembly, see East Punjab Legislative Assembly Debates, Vol. III, 1948, pages 63-64.

* [Received the assent of His Excellency the Governor on the 4th November, 1948, and first published in the East Punjab Government Gazette (Extraordinary) of November 9, 1948]

2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1950, page 812; for proceedings in the Assembly, see Punjab Legislative Assembly Debates, Volume II, Laws 1950, pages (4) 73-(4) 79.

3. Substituted for the word "Punjab" by the Haryana Adaptation of Laws Order, 1968.

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the East Punjab Special Tribunal (Continuance) Act, 1948.

(2) It extends to the whole of 3[Haryana].

(3) 4[* * *]

3. Substituted for the word "Punjab" by the Haryana Adaptation of Laws Order, 1968.

4. Sub-section (3) which read as under; "It shall remain in force only up to 13 August, 1950" was repealed by Punjab Act 20 of 1950.

Section 2. Definitions

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(a) "the Principal Ordinance" means the Criminal Law Amendment Ordinance, 1943;

(b) "the Ordinance" means the Punjab Special Tribunals (Continauance) Ordinance, 1946;

(c) "the Tribunal" means the Special Tribunal now known as the East Punjab Special Tribunal, Simla, constituted by the Indian Independence (Special Tribunal) Order, 1947.

Section 3. Continuance of the Tribunal

3. Continuance of the Tribunal.- (1) The Tribunal shall have jurisdiction to try all cases allotted to them under the principal Ordinance and not disposed of before the commencement of this Act as the Tribunal had been duly constituted by or under an Act of the 1[State] Legislature.

(2) All provisions of the principal Ordinance except sub-section (2) of section 1 and sub-section (1) of section 5 shall continue in force and apply in relation to the Tribunal and the cases aforesaid, subject to the modification that the powers of the Central Government under clause (b) of section 3, sub-section (3) of section 4, and section 11, shall as from the commencement of this Act be powers of the 1[State] Government.

(3) All notifications issued and all rules made by the Central Government under section 3, sub-section (3) of sections 4 and 11, respectively of the principal Ordinance shall, so far as they apply to the Tribunal, continue in force until superseded or modified by the 1[State] Government under this Act.

(4) For the avoidance of doubt it is hereby declared that all proceedings held before and all orders issued by the Tribunal under the principal Ordinance or under Punjab Act III of 1947 before the commneement of this Act shall continue to have effect and it shall not be necessary for the Tribunal to recommence any of the said proceedings or reissue any of the said orders.

1 Substituted for the word "Provinicial" by the Adaptation of Laws Order, 1950.

Section 4. Repeal of Punjab

4. Repeal of Punjab.- The Punjab Special Tribunals (Continuance) Act, 1947 (Act III of 1947), is hereby repealed.

Section 4. Repeal of Punjab Act 3 of 1947

4. Repeal of Punjab Act 3 of 1947.- The Punjab Special Tribunals (Continuance) Act, 1947, is hereby repealed.

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the East Punjab Special Tribunal (Continuance) Act, 1948.

(2) It extends to the whole of 3[Punjab].

(3) 4* * *

3 Substituted for the words "East Punjab" by the Adaptation of Laws Order 1950.

4 Sub-section (3) which read as under. "It shall remain in force only up to 13th August, 1950" was repealed by Punjab Act 20 of 1950.

Section 3. Continuance of the Tribunal

3. Continuance of the Tribunal.- (1) The Tribunal shall have jurisdiction to try all cases allotted to them under the Principal Ordinance and not disposed of before the commencement of this Act as the Tribunal had been duly constituted by or under an Act of the 1[State] Legislature.

(2) All provisions of the Principal Ordinance except sub-section (2) of section 1 and sub-section (1) of section 5 shall continue in force and apply in relation to the Tribunal and the cases aforesaid, subject to the modification that the powers of the Central Government under clause (b) of section 3, sub-section (3) of section 4, and section 11, shall as from the commencement of this Act be powers of the 1[State] Government.

(3) All notifications issued and all rules made by the Central Government under section 3, sub-section (3) of section 4 and section 11 respectively of the Principal Ordinance shall, so far as they apply to the Tribunal, continue in force until superseded or modified by the 1[State] Government under this Act.

(4) For the avoidance of doubt it is hereby declared that all proceedings held before and all orders issued by the Tribunal under the Principal Ordinance or under Punjab Act III of 1947 before the commencement of this Act shall continue to have effect and it shall not be necessary for the Tribunal to recommence any of the said proceedings or reissue any of the said orders.

1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Section 2. Definitions

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(a) "the Principal Ordinance" means the Criminal Law Amendment Ordinance, 1943;

(b) "the Ordinance" means the Punjab Special Tribunals (Continuance) Ordinance, 1946;

(c) "the Tribunal" means the Special Tribunal now known as the East Punjab Special Tribunal, Simla, constituted by the Indian Independence (Special Tribunal) Order, 1947.