Orissa act 015 of 1962 : Orissa Re-Enacting Act, 1962

Department
  • Department of Law

Preamble

1Orissa Re-Enacting Act, 1962*

[Orissa Act No. 15 of 1962][29th May, 1962]

An Act to Re-Enact Certain Enactments

Whereas the President of India, by a Proclamation issued on the 25th February, 1961 under clause (1) of Article 356 of the Constitution, assumed to himself all functions of the State Government and declared that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.

And Whereas in pursuance of those powers certain laws have been made by Parliament and the President;

And Whereas the said Proclamation was revoked by the President on the 23rd June, 1961;

And Whereas clause (2) of Article 357 of the Constitution provides that the laws so made by Parliament or the President which Parliament or the President would not, but for the issue of the Proclamation have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of one year after the Proclamation has ceased to operate, unless the laws which shall so cease to have, effect, are sooner re-enacted by an Act of the appropriate Legislature;

And Whereas it is expedient to re-enact the laws aforesaid;

Be it enacted by the Legislature of the State of Orissa in the Thirteenth Year of the Republic of India as follows:-

1. For the Statement of Objects and Reasons see Orissa Gazette, Extraordinary, dated the 7th March, 1963 (No. 139).

* [Received the assent of the President on the 29th May, 1962, first published in an extraordinary issue of the Orissa Gazette, dated the 4th June, 1962]

Section 1. Short title

1. Short title.- This Act may be called the Orissa Re-enacting Act, 1962.

Section 2. Re-enactment of Acts, made by Parliament

2. Re-enactment of Acts, made by Parliament.- The Acts of Parliament specified in the First Schedule with its annexure are hereby re-enacted with the modifications specified in section 4.

Section 3. Re-enactment of President's Acts

3. Re-enactment of President's Acts.- The President's Acts specified in the Second Schedule with its annexure are hereby re-enacted with the modifications specified in section 4.

Section 4. Modifications to the Acts

4. Modifications to the Acts.- Notwithstanding anything contained in the Acts specified in the First and Second Schedules the provisions of the said Acts shall be read and construed subject to the following modifications, namely:-

(1) In each of the Acts of Parliament specified in the First Schedule for the words "Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows" the words "Be it enacted as follows" shall be substituted.

(2) In each of the President's Acts specified in the Second Schedule-

(a) the words "Enacted by the President in the Twelfth Year of the Republic of India" shall be omitted, and

(b) for the words beginning with. "In exercise of the powers" and ending with "the President is pleased to enact as follows" the words "Be it enacted as follows" shall be substituted.

Schedule 1

Schedule 1

THE FIRST SCHEDULE

ACTS OF PARLIAMENT

(See sections 2 and 4)

Serial No. Year Number Short title
1 2 3 4
1 1961 3 The Orissa Appropriation Act, 1961
2 1961 10 The Orissa Appropriation (Vote on Account) Act, 1961
3 1961 18 The Orissa Appropriation (No. 2) Act, 1961

Schedule 2

Schedule 2

THE SECOND SCHEDULE

PRESIDENT'S ACTS

(See sections 3 and 4)

Serial No. Year Number Short title
1 2 3 4
1 1961 1 The Orissa Merged Territories' Petition Writers' Continuance of Licences (Amendment) Act, 1961.
2 1961 2 The Orissa Sales Tax Laws (Amendment) Act, 1961
3 1961 3 The Bihar and Orissa State-Aid to Industries (Orissa Amendment) Act, 1961.
4 1951 4 The Orissa House Rent Control (Amendment) Act, 1961
5 1961 5 The Orissa Taxation (On Goods carried by Roads or Inland Water-ways) Amendment Act, 1961.
SECTIONS