punjab act 008 of 1961 : Laws (Extension No. 10) Act, 1961

Laws (Extension No. 10) Act, 1961

PUNJAB ACT 008 OF 1961
24 March, 1961
An Act to provide for the extension of certain regional laws to the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East punjab States Union

Be it enacted by the Legislature of the State of Punjab in the Twelfth Year of the Republic of India as follows:

Section 1. Short title and commencement

(1) This Act may be called the Punjab Laws (Extension No. 10) Act, 1961.

(2) It shall come into force at once.

Section 2. Definitions

In this Act;

(a) Schedule means a Schedule appended to this Act,

(b) transferred territories means the territories which, immediately before the 1st November, 1956, were comprised in the state of Patiala and East Punjab States Union.

Section 3. Interpretation

The Punjab General Clauses Act, 1898, shall apply for the interpretation of this Act as it applies for this interpretation of a Punjab Act.

Section 4. Extension of certain laws to transferred territories

The enactment as amended from time to time, specified in Schedule I and so much of any of the enactments, as amended from time to time, specified in Schedule II, as extends to the territories which, immediately before the 1st November, 1956, were comprised in the State of Punjab and relates to matters with respect to which the State Legislature has power to make laws for a State and all rules, regulations, notifications orders and by-laws made, and all directions, or instructions issued, thereunder which are in force immediately before the commencement of this Act in the said territories, are hereby extended to, and shall be in force in the transferred territories.

Section 5. Construction of certain references

In the enactments, or rules, regulations, notifications, orders and by-laws made, and directions or instructions issued, thereunder, as referred to in section 4, any reference

(1) to a law which is not in force in the transferred territories shall in relation to such territories, be construed as a reference to the corresponding law, if any, in force in such territories; and

(2) to the State of Punjab by whatever form of words, shall be construed as including a reference to the transferred territories.

Section 6. Repeals and savings

If immediately before the commencement of this Act, there is in force in the transferred territories any law corresponding to any of the enactments or rules, regulations, notifications, orders and by-laws made, and directions or instructions issued thereunder, extended to those territories by section 4, that law, including the enactments specified in Schedule III shall on the commencement of this Act, save as otherwise expressly provided in this Act, stand repealed:

Provided that such repeal shall not affect:

(a) the previous operation of any law so repealed or anything July done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired or incurred under any law so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such Penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:

Provided further that any thing done or any action taken under any law so repealed shall be deemed to have been done or taken under the corresponding provision of the enactment extended by section 4 to the transferred territories and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the enactment so extended.

Section 7. Powers of courts and other authorities for purposes of facilitating application of the enactments specified in Schedule I or II or rules, etc.

7. Powers of courts and other authorities for purposes of facilitating application of the enactments specified in Schedule I or II or rules, etc. For purposes of facilitating the application in the transferred territories of any enactment specified in Schedule 1 or Schedule or of any rule, regulation, notification, order, by-law, direction or instruction referred to in section 4, any court or other authority may construe the same with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

Section 8. Power to make rules, etc., not to be affected

Nothing contained in this Act shall affect the power of the State Government or of any officer or authority, exercisable under the enactments specified in Schedules I and II, to add to, amend, vary or rescind the rules, regulations, notifications, orders and by-laws made and directions or instructions issued as extended by Section 4 to the transferred territories.

Section 9. Power to remove difficulties

If any difficulty arises in giving effect in the transferred territories to the provisions of any enactment specified in Schedule I or Schedule H? the State Government may by order notified in the Official Gazette, make such Provisions or give such directions as appear to it to be necessary or expedient for the removal of the difficulty.

Schedule I

Extension of Punjab Act

(See section 4)

Serial No.

Year

Number of Act

Short title

1

2

3

4

1

1953

(XLIX of 1953)

The Punjab Vaccination Act, 1953.

Schedule II

Extension of Central Acts

(See section 4)

Serial No.

Year

Number of Act

Short title

1

2

3

4

1

1897

(III of 1897) ..

The Epidemic Diseases Act, 1897, as amended by Punjab Acts No. III of 1944 and No. I of 1947.

2

1898

(III of 1898)

The Indian Lepers Act, 1898.

Schedule III

Rereals

(See section 6)

Serial No.

Year

Number of Act

Short title

1

2

3

4

1

1984

(I of 1984) ..

The Patiala Epidemic Diseases Act, 1984

2

1994

(I of 1994) ..

The Patiala Vaccination Act, 1994.

3

1994

(III of 1994) ..

The Patiala Lepers Act, 1994.

1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 2005.

2. Received the assent of the Governor of Punjab on the 24th March, 1961, and first published for general information in the Punjab Government Gazette (Extraordinary), Legislative Supplement, of the 28th March, 1961]