Punjab act 010 of 1950 : Punjab Special Tribunal (Change of Composition) Act, 1950

Preamble

1Punjab Special Tribunal (Change of Composition) Act, 1950*

[Punjab Act No. 10 of 1950][14th April, 1950]

An Act to provide for a change in the composition of the East Punjab Special Tribunal.

It is hereby enacted as fallows:-

1. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1950 pages 135-136; for proceedings in the Assembly, see Punjab Legislative Assembly Debates, Volume I, 1950, pages (18) 49-(18) 58.

* [Received the assent of His Excellency the Governor on the 14th April, 1950, and first published in the Punjab Government Gazette (Extraordinary) of April 15, 1950]

Preamble

1Punjab Special Tribunal (Change of Composition) Act, 1950*

[Punjab Act No. 10 of 1950][14th April, 1950]

An Act to provide for a change in the composition of the East Punjab Special Tribunal.

It is hereby enacted as follows;-

1 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1950 pages 135-136; for proceedings in the Assembly see Punjab Legislative Assembly Debates, Volume 1, 1950, pages (15) 49-(18)(58).

* [Received the assent of His Excellency the Governor on the 14th April, 1950 and first published in the Punjab Government Gavernment Gazette (Extraordinary) of April 15, 1950]

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Punjab Special Tribunal (Change of Composition) Act, 1950.

(2) It shall come into force at once.

Section 2. Definitions

2. Definitions.- In this Act,-

(a) "Principal Ordinance" means the Criminal Law Amendment Ordinance, 1943 (Ordinance No. XXIX of 1943) as modified by East Punjab Special Tribunal (Continuance) Act, 1948 (East Punjab Act No. XXIX of 1948), (E. pb. Act XXIX of 1948);

(b) "The Tribunal" means the Tribunal known as the Punjab Special Tribunal by virtue of paragraph (1) of Article 3 of the Indian Independence (Special Tribunals) Order, 1947.

Section 3. Change of composition of the Tribunal

3. Change of composition of the Tribunal.- (1) As from the 1st of December 1949, the principal Ordinance shall apply in relation to the Tribunal and to the cases not disposed of by it before that date subject to the modification that for section 4 thereof the following section shall be substituted, namely:-

"4. Composition if the Punjab Special Tribunal.- The 1[Haryana] Special Tribunal shall consist of one member to be appointed by the State Government, who shall be a person qualified under paragraph (2) of Article 217 of the Constitution of India, for appointment as a judge of a High Court."

(2) Notwithstanding the change in the composition of the Tribunal effected by sub-section (1), it shall not be necessary for the Tribunal to recommence any proceedings or to recall and re-hear any witness who has given evidence before such change and it shall be lawful for the Tribunal to act on the evidence already recorded by or produced before it.

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

Section 4. Repeal of East Punjab Ordinance No. 16 of 1950

4. Repeal of East Punjab Ordinance No. 16 of 1950.- The East Punjab Special Tribunal (Change of Composition) Ordinance, 1950, is hereby repealed but notwithstanding such repeal anything done or any action taken in exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of powers conferred by or under this Act.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Punjab Special Tribunal (Change of Composition) Act, 1950.

(2) It shall come into force at onee.

Section 4. Repeal of East Punjab Ordinance No. XXIV of 1950

4. Repeal of East Punjab Ordinance No. XXIV of 1950.- The East Punjab Special Tribunal (Change of Composition) Ordinance, 1950 is hereby repealed but not withstanding such repeal anything done or any action, taken in exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of powers conferred by or under this Act.

Section 3. Change of Composition of the Tribunal

3. Change of Composition of the Tribunal.- (1) As from the 1st of December, 1949, the principal Ordinance shall apply in relation to the Tribunal and to the cases not disposed of by it before that date subject to the modification that for section 4 thereof the following section shall be substituted, namely:-

"4. Compostition of the Punjab Special Tribunal.- The Punjab Special Tribunal shall consist of one member be appointed by the State Government, who shall be a person qualified under paragraph (2) of Article 217 of the Constitution of ??? appointment as a judge of a ??? Court."

(2) Notwithstanding the change in the composition of the Tribunal ??? by sub-section (1), it shall not be necessary for the Tribunal to recommence any proceedings or to ??? and re-hear any witness who has given evidence ??? such change and it shall be law-ful for the Tribunal to act on the evidence already recorded by or produced before it.

Section 2. Definitions

2. Definitions.- In this Act:-.

(a) "principal Ordinance" means the Criminal Law Amendment Ordinance, 1943 (Ordinance No. 29 of 1943) as modified by the East Punjab Special Tribunal (Continuance) Act, 1948 (East Punjab Act No. 29 of 1948);

(b) "the Tribunal" means the Tribunal known as the 2[Haryana] Special Tribunal by virtue of paragraph (1) of Article 3 of the Indian Independence (Special Tribunals) Order, 1947.

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