Uttar Pradesh act 018 of 1992 : The uttar pradesh laws (extension to territories transferred from haryana) act, 1989

Section 1.Short title and commencement

(1) This Act may be called the Uttar Pradesh Laws (Extension to Territories Transferred from Haryana) Act, 1989.

(2) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.

Section 2.Definations

In this Act - (a) ' Haryana Laws ' means so much of any Haryana Act, Ordinance, Regulation or statutory instruments as relates to any of the matters enumerated in lists II and III in the Seventh Schedule to the Constitution and includes any Punjab Act, Ordinance Regulation or statutory instrument, in force in the transferred territories immediately prior to the commencement of this Act;

(b) ' State Law ' means so much of any Uttar Pradesh Act, Ordinance, Regulation or other statutory instrument as relates to any of the matters enumerated in lists II and III in the Seventh Schedule to the Constitution;

(c) ' Transferred Territories ' means the territories transferred from the State of Haryana and added to Uttar Pradesh by the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979.

Section 3.Assimilation of State Laws

(1) The State law specified in the second column of the Schedule shall, as from the date of commencement of this Act extend to the transferred territories subject to the modifications specified in the third column thereof and all appointments, orders or statutory instruments made or issued there-under shall, so far as they are not inconsistant with the said modifications, extend, mutatis mutandis to the transferred territories and shall, in such, modified from continue in force until repealed or amended by the competent Legislature or other competent authority.

(2) All other State Laws which immediately before the date of commencement of this Act, extend to, or are in force in the State of Uttar Pradesh but do not extend to, or are not in force in, the transferred territories shall, as from such date, extend to or, as the case may be, come into force in, the transferred territories and continue in force therein until repealed or amended by the competent Legislature or other competent authority.

(3) All Haryana Laws which immediately before the date of commencement of this Act, are in force in the whole or any part of the transferred territories shall, with effect from such date, stand repealed in respect of their operation in such territories and the provisions of section 6 and 24 of the Uttar Pradesh General Clause Act, 1904 shall apply as if those laws were repealed and re-enacted by the corresponding laws extended to, or brought into force in the transferred territories by virtue of sub-sections (1) and (2).

(4) For the removal of doubts it is hereby declared that,
(a) any Central Act, Ordinance, regulation or other statutory instrument which, immediately before the date of commencement of this Act, is inforce in the State of Uttar Pradesh as amended by any State Law, shall, as from such date be in force in the transferred territories as so amended;

(b) any Central Act, Ordinance, Regulation or other statutory instrument in force in the transferred territories immediately before such date as amended by any Haryana Law shall, as from such date be in force in the transferred territories as if no amendments were made therein by any Haryana Law.

Section 4.Disposal of suits, appeals etc.

(1) All suits, appeals, applications or other proceedings under any Haryana Law pending before any court or authority in respect of the transferred territories shall, with effect from the date of commencement of this Act, seemed to be suits, appeals applications, or other proceedings instituted or under the corresponding provisions of the State Laws referred to in sub-section (1) and (2) of section 3 and shall be disposed of accordingly.

(2) All suits, appeals, applications or other proceedings under any Haryana Laws to which the provisions of sub-section (1) do not apply shall with effect from the date of commencement of this Act.

Section 5.Power of Courts for purposes of facilitating application of law

For the purposes of facilitating the application of any State Law sanctioned in sub-section (1) and (2) of section 3 to the transferred territories, any court or other authority may construe such law with such separations, not affecting the substance, as may be necessary or proper to adopt it to the matter before the court or other authority.

Section 6.Power to remove difficulties

(1) If any difficulty arises in relation to the transition from the mentioned in sub-section (3) of section 3 to the laws mentioned in sub- sections (1) and (2) thereof, the State Government may, by notification such provisions as it considers necessary for the removal of such faculty:

Provided that no such order shall be made after five years from the of commencement of this Act;

(2) Any order made under sub-section (1) may be given retrospective from any date not earlier than the date of addition of the transferred territories to the State of Uttar Pradesh.

(3) No order under sub-section (1) or sub-section (2) shall be called in question in any court on the ground that no difficulty as is referred to in sub-section (1) existed or was required to be removed.