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himachal pradesh act 017 of 1962 : Laws (Extension No. 11) Act, 1962

Laws (Extension No. 11) Act, 1962

HIMACHAL PRADESH ACT 017 OF 1962
22 June, 1962

An Act to provide for the extension of certain 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 Thirteenth 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. 11) Act, 1962.

(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, 1961, were comprised in the State of Patiala and East Punjab States Union.

Section 3. Interpretation

The Punjab General Clauses Act, 1891, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act.

Section 4. Extension of certain laws to transferred territories

All the enactments, 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 bye-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 bye-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. Repeal 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 bye-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 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 duly 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 anything done or any action taken under any law so repealed shall be deemed to have been done or taken under the corresponding provisions 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 action taken under the enactment so extended.

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

7. Power of courts and other authorities for purposes of facilitating application of the enactments specified in Schedules I or II or rules, etc. For purposes of facilitating the application in the transferred territories of any enactment specified in Schedule I or Schedule II or of any rule, regulation, notification, order, bye-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 3[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 rales, regulations, notifications, orders and bye-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 II, 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 ACTS

(See section 4)

Sl. No.

1

Year

2

Number of Act

3

Short title

4

1.

1905

III

The Punjab Minor Canals Act, 1905.

2.

1926

V

The Punjab Aerial Ropeways Act, 1926.

3.

1936

VI

The Punjab Copying Fees Act, 1936.

4.

1942

VII

The Music in Muslim Shrines Act, 1942.

Schedule II

EXTENSION OF CENTRAL ACTS

(See section 4)

Sl. No.

1

Year

2

Number of Act

3

Short title

4

1.

1878

17

The Northern India Ferries Act, 1878.

2.

1908

14

The Indian Criminal Law Amendment Act, 1908.

3.

1918

10

The Usurious Loans Act, 1928, as amended by the Usurious Loans (East Punjab Amendment) Act, 1948 (E.P. Act IV of 1948).

Schedule III

REPEAL

(See section 6)

Sl. No.

1

Year

2

Number of Act

3

Short title

4

1.

1947

42

Legal Remembrancer, Patiala's Notification No. Leg/42., dated 16th October, 1947/306-2004, prescribing rules for regulating the access of the public to official records and departmental documents.

1. For Statement of Objects and Reasons, see Punjab Govt. Gaz, Extra., dated the 24th April 1962. Amended, repealed or otherwise affected by (i) A.O. 1968, published in R.H.P., dated 1st February, 1969, p. 158-61. (ii) A.O. 1973, published in R.H.P., Extra., dated 20th January, 1973, p. 91-112.

2. Received the assent of the President of India on the 22nd June, 1962, and was first published in the Punjab Government Gazette Extraordinary, dated the 1st August, 1962

3. Subs. for Central Government (which was subs. for State Government by A.O. 1968) by A.O. 1973.