Repealing (Punjab Loans Limitation) Act, 1923

PUNJAB ACT 003 OF 1923

31 March, 1923

Year

No.

Short title

Whether repealed or otherwise affected by legislation

1923 ..

The Repealing (Punjab Loans Limitation) Act, 1923

Amended in part, Punjab Act, 72 of 1925

Amended by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, (G.G.O. 40)

Amended by the Adaptation of Laws Order, 1950

An Act to repeal the Punjab Loans Limitation Act, 1904.

Whereas it is expedient to repeal the Punjab Loans Limitation Act, 1904 (1 of 1904); It is hereby enacted as 1 of 1904 follows:

Section 1. Short title, extent and commencement

(1) This Act may be called the Repealing (Punjab Loans Limitation) Act, 1923.

(2) It extents to 4Punjab.

(3) It shall come into force on 5Such date as the 6[State] Government may, by notification, appoint in this behalf.

Section 2. Repealing of the Punjab Loan Limitation Act, 1904.

2. Repealing of the Punjab Loan Limitation Act, 1904. The Punjab Loans Limitation Act, 1904 (1 of 1904), is hereby repealed.

Section 3. Revival of the Indian Limitation Act, 1908

Save as provided under sections 4 and 5 from the date of the commencement of this Act, any suit falling under the description of suits given in the Schedule to the Punjab Loans Limitation Act, 1904, shall be governed in so far as the point of limitation is concerned, by the provisions of the Indian Limitation Act, 1908 (IX of 1908), and the provisions of the Indian Limitation Act, 1908, shall apply accordingly.

Section 4. Saving of limitation as regards pending suits

Notwithstanding anything herein contained, no suit, appeal or other proceeding pending in any court at the date of the commencement of this Act, shall be dismissed on the ground that it is barred by limitation, provided that it would not have been so dismissed if the Punjab Loans Limitation Act, 1904, had been in force.

Section 5. Saving of limitation as regards existing cause of action

No suit instituted within two years of the date of the 7[commencement] of this Act, which would not have been barred by limitation if the Punjab Loans Limitation Act, 1904, had been in force, shall be held to be barred by limitation by reason of this Act only.

1. For Statement of Objects and Reasons see Punjab Gazette, 1922, Part V, page 225; for Select Committee's Report see ibid, 1923, Part V, pages 80-81 and for Proceedings in Council see Punjab Legislative Council Debates, pages 805-08, 899 and 1508-18.

2. For Statement of Objects and Reasons see Punjab Gazette, 1925, Part V, page 78, and for Proceedings in Council see Punjab Legislative Council Debates, Vol. VIII-A., pages 966-68.

3. [Received the assent of the Governor of the Punjab on the 31st March, 1923, and that of the Governor-General on the 5th May, 1923 and was first published in the Punjab Gazette of the 18th May, 1923.]

4. Substituted for the words East Punjab (which had been inserted for the word the Punjab by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948) by the Adaptation of Laws Order, 1950.

5. This Act came into force on the 15th June, 1923-see notification No. 16613, dated 1st June, 1923, in Punjab Gazette, 1923, Part I, page 486.

6. Substituted for the word Provincial by the Adaptation of Laws Order, 1950,