1. (1) This Act may be called the Rampur (Application of Laws) Act, 1950. (2) It extends to the whole of Rampur. (3) It shall be deemed to have come into force from the thirtieth day of December, 1949.
2. In this Act unless there is anything repugnant in the subject or context- (a) “authority” includes a committee, board or tribunal ; (b) “Rampur” shall have the meanings assigned to it in the Rampur (Administration) Order, 1949 ; (c) “State Government” means the Government of Uttar Pradesh; (d) “State law” includes Act, rule, regulation, by-law, order or circular having the force of law and in force in Rampur before the thirtieth day of December, 1949.
3. (1) The enactments mentioned in Schedule I are hereby extended to and shall apply to Rampur subject to - (i) any amendment to which they were generally subject in or in their application to United Provinces on November 30, 1949 ; (ii) the modifications and restrictions, if any, specified in the Schedule aforesaid, and (iii) the subsequent provisions of this Act. (2) Notwithstanding anything in any such enactment is shall, except where expressly provided in the said Schedule, come into force with effect from such date as the State Government may, by notification in official Gazette, appoint in this behalf and different dates may be appointed for different provisions of an enactment or for different parts of Rampur. (3) Where any enactment is enforced by or under sub-section (2), the State Government may give such direction as may be necessary for the transfer of- (a) any suit, case or other proceeding pending or which may have been instituted or commenced on the day immediately before the enforcement of the said enactment, before any court or tribunal abolished by virtue, or as a consequence of the extension and application, of such enactment ; (b) any proceeding, matter or work pending or which may have been instituted or commenced on the said date before any officer or authority who has ceased to exercise jurisdiction, by virtue, or as consequence of the extension and application, of such enactment.
4. Where an enactment extended to, and in force in, Rampur by or under this Act provides for the establishment, constitution or appointment of any authority or officer, the State Government may, notwithstanding anything contained in such enactment -(a) direct that till such authority or the officer has been appointed, established or constituted as aforesaid, the power, duties or functions exercisable or dischargeable by such authority or officer shall be exercised or discharged by such authority or officer and in such manner as the State Government may specify in this behalf ; or (b) where such officer or all or any of the members constituting such authority are to be elected, nominate such officer or member for the purpose of constituting or establishing the authority and the officer or the member so nominated shall, for the purposes of the enactment be deemed as if he had been duly elected in accordance therewith ; (c) fix the term of officer of such officer or member ; and (d) provide for the representation of Rampur upon any committee or board and nominate its representatives.
5. (1) if immediately before the commencement of this Act there is in force in Rampur, any state law corresponding to the enactment mentioned in Schedule I, whether such state 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 state law shall, with effect from the date and to the extent to which an enactment comes into force under and in accordance with sub-section (2) of section (3), stand repealed. (2) The state laws mentioned in Schedule II are hereby repealed with effect from the date of the commencement of this Act.
6. (1) Where any state law has been repealed under sub-section (1) or (2) of section 5- (a) if the corresponding enactment mentioned in Schedule I is a Central Act, the provisions of section 6 of the General Clauses Act, 1897, shall apply to the state law so repealed as if it had been an enactment repealed by a Central Act, (b) if the corresponding enactment mentioned in Schedule I is an United Provinces Act, the provisions of section 6 of the United Provinces General Clauses Act, 1904, shall apply to the state law so repealed as if it has been an enactment repealed by an United Provinces Act. (2) Any reference in any state law repealed by this Act to an officer, authority or court shall, for purposes of any pending proceeding or investigation or enforcement of any right, privilege, obligation or liability acquired, accrued or incurred thereunder be construed as a reference to the corresponding officer, authority or court appointed or constituted by or under the enactments herein by this Act extended to and in force in Rampur : Provided that if any question arises as to who such corresponding officer, authority or court is, the decision of the State Government thereon shall be final. (3) Subject to the provisions of sub-sections (1) and (2), anything done or any action taken including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, by-law or scheme framed, certificate, patent, permit or licence granted or registration effected, under such corresponding law shall-(a) be deemed to have been taken or done under the corresponding provision of the enactments herein by this Act extended to, and in force in, Rampur, and (b) continue in force accordingly unless and until directed otherwise or superseded by anything done or any action taken under the said enactments by the State Government or other competent authority : Provided that notwithstanding anything in the said enactment, the State Government may in any case quash any pending proceeding.
7. (1) Any person who, on the date immediately before the commencement of this Act, was in accordance with the state law, entitled as of right to practice as an advocate, vakil or mukhtar in the courts established on that date in Rampur shall, notwithstanding anything contained in any law, be entitled during a limited period of six months next hereinafter to practice in the courts already established in Rampur. (2) No advocate, vakil or mukhtar shall merely by reason of the provisions of sub-section (1) be deemed to be entitled to practice in such courts after the expiry of the said period.
8. For the purpose of facilitating the application in Rampur of any enactment specified in Schedule I, any court or other authority may construe the provisions of any such enactment with such alteration or modification, not affecting the substance, as may be necessary or proper in order to adapt it to the matter before the court, or authority as the case may be.
9. (1) Whereas difficulties may arise in relation to the transition from the provisions of state laws to the provisions of the enactments extended to, and in force in, Rampur by this Act ; And whereas the nature of those difficulties and of the provisions which should be made for meeting them, cannot at the date of the passing of this Act be fully foreseen ; The State Government may, for the purpose of facilitating such transition by an order, but not affecting the substance- (a) direct that the provisions of any of the enactments extended to and in force in Rampur by this Act shall for a period of six months from the commencement of this Act have effect subject to such consequential changes and modifications as may be so specified, and (b) make such other temporary provisions for the purpose of removing any such difficulties as aforesaid as may be so specified. (2) No order shall be made under this section after the expiration of six months from the date of commencement of this Act.
10. The Rampur (Application of Laws), Ordinance, 1949, is hereby repealed and the provisions of sections 6 and 24 of the United Provinces General Clauses Act, 1904, shall apply to it as if it had been an Act repealed by an United Provinces Act.