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Punjab act 005 of 1950 : Punjab Merged States (Laws) Act, 1950

Preamble

1Punjab Merged States (Laws) Act, 1950*

[Punjab Act No. 5 of 1950][12th April, 1950]
1 2 3 4
Year No. Short title Whether repealed or otherwise affected by legislation.
1950 5 The Punjab Merged States (Laws) Act, 1950 Amended in part by the Adaptation of Laws Order, 1950. Amended in part by Punjab Act 9 of 19522 Amended by Punjab Act 28 of 19543

An Act to extend certain laws to the merged States of Loharu, Dujana and Pataudi.

Whereas by an order under section 290-A of the Government of India Act, 1935, provision has been made for the administration of the States of Lobaru, Dujana and Pataudi as if they formed part of the State of Punjab;

And whereas it is expedient to provide that certain laws should be extended to, and by virtue of such extension, be in force in, the said States;

It is hereby enacted as follows:-

1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1950 page 160(ii) for proceedings in the Assembly, see Punjab Legislative Assembly Debates, Volume 1, 1950, pages (18) 45-(15) 49.

* [Received the assent of His Excellency the Governor on the 12th April, 1950; and first published in the Punjab Government Gazette (Extraordinary) of April 15, 1950]

2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated 26th June, 1952, page 488; for proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1952, and Punjab Legislative Council Debates. Volume 2, pp. (17) 24-(17) 27.

3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extra), 1954, page 719.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Punjab Merged States (Laws) Act, 1950.

(2) It shall come into force at once.

Section 2. Definition

2. Definition.- In this Act the expression "merged States" means the States of Loharu, Dujana or Pataudi.

Section 3. Extension of Laws

3. Extension of Laws.- All the Acts specified in Schedule I and so much of any of the Acts specified in Schedule II as extends to the State of Punjab and relates to matters with respect to which the State Legislature has power to make laws for a State are hereby extended to, and shall be in force in, all the merged States:

Validation of certain actions under Punjab Act 5 of 1939.- 1[Provided that the provisions of the Punjab Agricultural Produce Markets Act, 1939, shall be deemed to be extended to and in force in the merged State of Loham as from the first day of April, 1948, and all notifications issued, orders made and action taken in relation thereto shall be deemed to be issued, made or taken as if the Act was then in force].

1. Added by Punjab Act No. 9 of 1952, section 2.

Section 4. Interpretation of Laws extended

4. Interpretation of Laws extended.- In any Act specified in the Schedules notwithstanding anything contained in the General Clauses Act, 1897, and the Punjab General Clauses Act, 1898,-

(a) any reference, by whatever form of words, to the Acceding States shall be construed as not including a reference to any of the merged States;

(b) any reference, by whatever form or words, to the State of Punjab shall be ??? as including a reference to the merged States which are now administered together with that State.

Section 5. Repeal of corresponding laws

5. Repeal of corresponding laws.- If immediately before the commencement of this Act, there is in force in any of the mereged States an Act, Ordinance, Regulation or other law corresponding to an Act specified in the Schedules whether such Act, Ordinance or Regulation or other law is in force by virtue of an Order under the Extra-Provincial Jurisdiction Act, 1947, or by virtue of any other legislative power, such corresponding law shall, upon the commencement of this Act, stand repealed to the extent to which the law relates to mailers with respect to which the State Legislature of the State has power to make laws for a State.

Section 6. Savings

6. Savings.- (1) The repeal any section 5 of this Act of any corresponding law in force in the merged State immediately before the commencement of this Act shall not effect-

(a) the previous operation of any such law, or

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law, or

(c) any investigation, legal proceeding or remedy in respect of any such penalty forfeiture or punishment, 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.

(2) Subject to the provisions of sub-section (1), anything done or any action taken: including any appointment or delegation made notification, order, instruction or direction issued, rule, regulation, form, bye-laws or scheme framed, certificate, patent, permit or licence granted or registration effected, under such corresponding law shall be deemed to have been done or taken under the corresponding provision of the Act, as now extended to, and in force in, the merged State and shall continue in force accordingly unless and until superseded by anything done or any action taken under the said Act.

Section 7. Powers of Courts and other authorities for purposes of facilitating application of laws

7. Powers of Courts and other authorities for purposes of facilitating application of laws.- For the purpose of ??? the application in any of the merged States of any Act specified in the Schedules, any Court or other authority may construe any such Act with such affection, not affecting the substance as may be necessary or proper to adapt it to the matter before the Court or other authority.

Section 8. Repeal of Ordinance No. 26 of 1949

8. Repeal of Ordinance No. 26 of 1949.- The Bast Punjab Merged States (Laws) Ordinance No. 26 of 1949, is hereby repealed, but notwithstanding such repeal any orders made, anything done or any action taken in exercise of any powers conferred by or under the said Ordinance shall be deemed to have been made, done or taken in exercise of any powers conferred by or under this Act.

Schedule 1

Schedule 1

SCHEDULE I

(See section 3)

Year Number Short Title
1[1856 20 The Bengal Chaukidari Act, 1956.]
1[1861 5 The Police Act, 1861, as amended by the East Punjab Act 30 of 1948.]
1861 16 The Stage Carriages Act, 1861.
1867 3 The Public Gambling Act, 1867.
1867 23 The Punjab Murderous Outrages Act, 1867.
1872 4 The Punjab Laws Act, 1872.
1873 8 The Northern India Canal and Drainage Act, 1873.
1878 12 The Punjab Laws (Amendment) Act, 1878.
1878 17 The Northern India Ferries Act, 1878.
1879 14 The Hackney Carriage Act, 1879.
1880 13 The Vaccination Act, 1880.
1881 11 The Municipal Taxation Act, 1881.
1[1883 19 The Land Improvement Loans Act, 1883.]
1883 20 The Punjab District Boards Act, 1883.
1[1884 12 The Agriculturists Loans Act, 1884.]
1887 16 The Punjab Tenancy Act, 1887.
1887 17 The Punjab Land Revenue Act, 1887.
1890 3 The Revenue Recovery Act, 1890.
1[1897 8 The Reformatory Schools Act, 1897.]
1898 1 The Punjab General Clauses Act, 1898.
1[1899 13 The Glanders and Farcy Act, 1899.]
1900 2 The Punjab Land Preservation Act, 1900.
1900 13 The Punjab Alienation of Land Act, 1900.
1903 2 The Punjab Court of Wards Act, 1903.
1905 3 The Punjab Minor Canals Act, 1905.
1[1910 5 The Dourine Act, 1910]
1911 3 The Punjab Municipal Act, 1911.
1[1912 2 The Co-operative Societies Act, 1912.]
1912 5 The Coionization of Government Lands (Punjab) Act, 1912.
1913 1 The Punjab Pre-emption Act, 1913.
1913 2 The Redemption of Mortgages (Punjab) Act, 1913.
1[1913 3 The Punjab Forest (Sale of Timber) Act, 1913].
1914 1 The Punjab Excise Act, 1914.
1911 2 The Punjab Fisheries Act, 1914
1916 1 The Punjab Military Transport Act, 1916
1916 2 The Punjab Medical Regisuation Act, 1916.
1918 5 The Restrietion of Habitual Offenders (Punjab) Act, 1918.
1918 6 The Punjab Courts Act, 1918.
1918 8 The Punjab village and Small Towns Patrol Act, 1918.
1[1919 7 The Punjab Primary Education Act, 1919.]
1920 1 The Punjab Limitation (Custom) Act, 1920.
1920 2 The Punjab Custom (Power to Contest) Act, 1920.
1922 2 The Punjab Small Towns Act, 1922.
1922 4 The Punjab Town Improvement Act, 1922.
1923 5 The Punjab Local Option Act, 1923.
1924 4 The Punjab Motor Vehicles Taxation Act, 1924.
1925 8 The Sikh Gurdwaras Act, 1925.
1925 24 The Sikh Gurdwaras (Supplementary) Act, 1925.
1926 5 The Punjab Aerial Ropeways Act, 1926.
1926 10 The Good Conduct Prisoners' Probational Release Act, 1926
1[1926 11 The Punjab Borstal Act, 1926].
1929 8 The Punjab Pure Food Act, 1929.
1930 1 The Punjab Regulation of Accounts Act, 1930.
1931 2 The Punjab Municipal (Executive Officer) Act, 1931.
1932 1 The Punjab Nurses Registration Act, 1932.
1933 2 The Punjab Wild Birds and Wild Animals Protection Act, 1933.
1934 5 The Tobacco Vend Fees Act, 1934.
1934 7 The Punjab Relief of Indebtedness Act, 1934.
1935 4 The Punjab Suppression of Immoral Traffic Act, 1935.
1936 2 The Punjab Debtors Protection Act, 1936.
1936 3 The Punjab Entertainments Duty Act, 1936.
1936 5 The Punjab Copying Fees Act, 1936.
1937 2 The Punjab Legislative Assembly (Removal of Disqualifications) Act, 1937.
1938 3 The Punjab Registration of Money Lenders Act, 1938.
1938 4 The Punjab Restitution of Mortgaged Lands Act, 1938.
1939 1 The Punjab Motor Spirit (Taxation of Sales) Act, 1939.
1939 5 The Punjab Agricultural Produce Markets Act, 1939.
1939 11 The Punjab Village Panchayats Act, 1939.
1940 10 The Punjab Trade Employees Act, 1940.
1940 17 The Punjab Urban Immovable Property Tax Act, 1940.
1[1940 18 The Punjab Primary Education Act, 1940.]
1941 5 The Punjab Jagirs Act, 1941.
1941 7 The Punjab Suppression of Indecent Advertisements Act, 1941.
1941 12 The Punjab Weights and Measures Act, 1941.
1942 4 The Punjab Legislative Assembly (Allowance of Members) Act, 1942.
1942 7 The Music in Muslim Shrines Act, 1942.
1943 6 The Punjab Maternity Benefit Act, 1943.
1[1947 3 The Punjab Special Tribunals (Continuance) Act, 1947.]
1947 6 The East Punjab Ministers Salaries Act, 1947.
1947 7 The East Punjab University Act, 1947.
1947 8 The Bast Punjab Volunteer Corps Act, 1947.
1[1947 11 The East Punjab Armed Bands (Arrest and Detention) Act, 1947.]
1947 12 The East Punjab Police (Protection of Railways) Act, 1947.]
1947 13 The East Punjab Essential Services (Maintenance) Act, 1947.
1947 15 The East Punjab Movable Property (Requisitioning) Act, 1947.
1948 2 The East Punjab Refugees Rehabilitation (Loans and Grants) Act, 1948.
1948 8 The East Punjab Refugees (Registration of Claims) Act, 1948.
1948 11 The East Punjab Molasses (Control) Act, 1948.
1948 12 The East Punjab (Registration of Land Claims) Act, 1948.
1948 16 The East Punjab (Removal of Religious and Social Disabilities) Act, 1948.
1948 19 The East Punjab Land Alienation Savings of Shamilat Act, 1948.
1948 20 The East Punjab Factories (Control of Dismantling) Act, 1948.
1948 22 The East Punjab War Awards Act, 1948.
1948 23 The East Punjab Cotton (Statistics) Act, 1948.
1948 24 The East Punjab Enumeration of Dwellings Act, 1948.
1948 25 The East Punjab Opium Smoking Act, 1948.
1948 39 The East Punjab Cement Control Act, 1948.
1948 42 The East Punjab Refugees Rehabilitation (Buildings and Buildings Sites) Act, 1948.
1[1948 43 The East Punjab Refugees Rehabilitation (House Building Loans) Act, 1948.]
1948 46 The East Punjab General Sales Tax Act, 1948.
1948 47 The East Punjab Animal Contagious Diseases Act, 1948.
1948 48 The East Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1948.
1948 50 The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948.
1949 1 The East Punjab Control of Bricks Supplies Act, 1949.
1949 2 The East Punjab Conservation of Firewood Supplies Act, 1949.
1949 3 The East Punjab Urban Rent Restriction Act, 1949.
1949 4 The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, 1949.
1949 5 The East Punjab Public Safety Act, 1949.
1949 10 The East Punjab Damaged Areas Act, 1949.
1949 11 The East Punjab Tractor Cultivation (Recovery of Charges) Act, 1949.
1949 14 The East Punjab Ayurvedic and Unani Practitioners Act, 1949.
1949 15 The East Punjab Conservation of Manure Act, 1949.
1949 19 The East Punjab Improved Seeds and Seedlings Act, 1949.
1949 22 The East Punjab Reclamation of Land Act, 1949.
1949 30 The East Punjab Drugs (Control) Act, 1949.
1949 36 The East Punjab Displaced Persons (Land Resettlement) Act, 1949.
1949 37 The East Punjab Electricity (Emergency Powers) Act, 1949.
1949 38 The East Punjab Utilization of Lands Act, 1949.
1949 39 The East Punjab Children Act, 1949.

1. The entry shall be deemed to have been made since the commencement of the Act, by the Punjab Act 28 of 1954.

1. The entry shall be deemed to have been made since the commencement of the Act, by the Punjab Act 28 of 1954.

1. Entry shall be deemed to have been made since the commencement of the Act, by Punjab Act 38 of 1954.

1. The entries shall be deemed to have been made since me commencement the Act, by Punjab Act 28 of 1954.

1. The entry shall be deemed to have been made since the commencement of the Act, by Punjab Act 28 of 1954.

Schedule 2

Schedule 2

SCHEDULE II

Year Number Short Title
1839 32 The Interest Act, 1839.
1850 11 The Judicial Officers Protection Act, 1850.
1850 21 The Caste Disabilities Removal Act, 1850.
1850 33 The Public Servants (Inquiries) Act, 1850.
1855 13 The Indian Fatal Accidents Act, 1855.
1857 13 The Opium Act, 1857.
1860 21 The Societies Registration Act, 1860.
1861 5 The Police Act, 1861.
1862 3 The Government Seal Act, 1862.
1863 23 The Waste-land (Claims) Act, 1863.
1866 21 The Native Converts' Marriage Dissolution Act, 1866.
1867 25 The Press and Registration of Books Act, 1867.
1870 7 The Court-fees Act, 1870.
1871 1 The Cattle Trespass Act, 1871.
1871 3 The Pensions Act, 1871.
1871 31 The Indian Weights and Measures of Capacity Act, 1871.
1872 9 The Indian Contract Act, 1872.
1873 10 The Indian Oaths Act, 1873.
1877 1 The Specific Relief Act, 1877.
1878 1 The Opium Act, 1878.
1878 6 The Indian Treasure-Trove Act, 1878.
1879 18 The Legal Practitioners' Act, 1879.
1880 1 The Religious Societies Act, 1880.
1880 13 The Vaccination Act, 1880.
1881 11 The Municipal Taxation Act, 1881.
1886 6 The Births, Deaths and Marriages Registration Act, 1886.
1887 7 The Suits Valuation Act, 1887.
1887 9 The Provincial Small Causes Courts Act, 1887.
1888 3 The Police Act, 1888.
1890 1 The Revenue Recovery Act, 1890.
1890 6 The Charitable Endowments Act, 1890.
1890 11 The Prevention of Cruelty to Animals Act, 1890.
1894 1 The Land Acquisition Act, 1894.
1894 9 The Prisons Act, 1894.
1897 3 The Epidemic Diseases Act, 1897.
1897 4 The Indian Fisheries Act, 1897.
1898 3 The Lepers Act, 1898.
1898 9 The Live Stock Importation Act, 1898.
1899 2 The Indian Stamp Act, 1899.
1899 4 The Government Buildings Act, 1899.
1911 10 The Prevention of Seditious Meetings Act, 1911
1914 2 The Destructive Insects and Pests Act, 1914.
1914 9 The Local Authorities Loans Act, 1914.
1916 15 The Hindu Disposition of Property Act, 1916.
1917 5 The Destruction of Records Act, 1917.
1919 1 The Local Authorities Pensions and Gratuities Act, 1919.
1919 12 The Pensions Act, 1919.
1920 5 The Provincial Insolvency Act, 1920.
1920 10 The Indian Securities Act, 1920.
1920 14 The Charitable and Religious Trusts Act, 1920.
1920 39 The Indian Election Offences and Inquiries Act, 1920.
1922 22 The Police (Incitement to Disaffection) Act, 1922.
1[1923 3 The Cotton Transport Act, 1923.]
1923 4 The Indian Mines Act, 1923.
1923 5 The Indian Boilers Act, 1923.
1923 23 The Legal Practitioners (Women) Act, 1923.
1925 12 The Cotton Ginning and Pressing Factories Act, 1925.
1925 19 The Provident Funds Act, 1925.
1925 39 The Indian Succession Act, 1925.
1926 3 The Government Trading Taxation Act, 1926.
1926 12 The Contempt of Court Act, 1926.
1926 16 The Indian Trade Unions Act, 1926.
1926 21 The Legal Practitioners (Fees) Act, 1926.
1926 38 The Indian Bar Councils Act, 1926.
1927 16 The Indian Forests Act, 1927.
1928 12 The Hindu Inheritance (Removal of Disabilities) Act, 1928.
1929 2 The Hindu Law of Inheritance (Amendment) Act, 1929.
1930 3 The Indian Sale of Goods Act, 1930.
1930 30 The Hindu Gains of Learning Act, 1930.
1931 16 The Indian Press (Emergency Powers) Act, 1931.
1932 9 The Indian Partnership Act, 1932.
1933 2 The Children (Pledging of Labour) Act, 1933.
1936 4 The Payment of Wages Act, 1936.
1937 18 The Hindu Women's Rights to Property Act, 1937,
1938 24 The Employer's Liability Act, 1938,
1938 26 The Employment of Children Act, 1938.
1[1939 4 The Motor Vehicles Act, 1939, as amended by the East Punjab Act No. 28 of 1948.]
1939 9 The Standard of Weight Act, 1939.
1940 23 The Drugs Act, 1940.
1940 27 The Agriculture Produce Cess Act, 1940.
1942 18 The Weekly Holidays Act, 1942.
1946 19 The Hindu Married Women's Right to Separate Residence and Maintenance Act, 1948.
1948 11 The Minimum Wages Act, 1948.

1. The entry shall be deemed to have been made since the commencement of the Act, by the Punjab Act 28 of 1954.

1. The entry shall be deemed to have been made since the commencement of the Act by Punjab Act 28 of 1954.