The Punjab Courts Laws (Extension) Act, 1957

1957 : Pb. Act 38 ] COURTS LAWS (EXTENSION) 187 i+ ITHE PUNJAB COURTS LAWS (EXTENSION) ACT, 1957. (PuNiaB AcT No. 38 oF 1957) [Received the assent of the Governor of Punjab on the 11ih November, 1957 and was first published in the Punjab Government Guzerte Extraordinary of the 14th Navember, 1957]. L ] 2] 3 4 Year | No. | Short tile Whether repealed or otherwise affected by legislation 1957 | 38 The Punjab Courts Amended by Haryana Adaptation of Laws {Extension) l.aws (State and Concurrent Subjects) Act, 1957 Order, 1968* AN Act to provide for extension of the Punjab Courts Act, 1918 the High Courts (Punjab) Order 1947, the Rules and Orders of the Punjab High Courts and other Laws and Regulations relating fo ihg praciice and procedure of Punjab High Court and Courts under its superintendence to the territories which, immediately before the 1st November, 1956,were comprised in the State of Patiala and East Punjab States Union. Be it enacted by the Legislature of the State of Punjab in the Eighth Year of the Republic of India as follows :— 1. (1) This Act may be called the Punjab Courts Laws Short tite and (Extension) Act, 1957. i commence- ment, {2) It shall come into force at once. 1. For Statement of Objects and Reasons, see Punjab Government Gazetie (Extraordinary), 1957, page 1675. 2. Sec [urvana Govermment Gazetrs (Extraordinary), dated the 29th Cliaper, 1968. Definitions. Interpretation. Extension of certain laws to transferred territories. 188 COURTS LAWS (EXTENSION) {1957 : Pb. Act 38 2. Inthis Act unless the context otherwise requires,— (a) "appointed date' means the 1st November, 1956, - (b) 'Pepsu High Cowrt' means the High Coun exercising immediately before the appointed date jurisdiction in relation to the State of Patiala and East Punjab States Union as it existed before that date ; (c) Punjab High Court’ means the High Court exercising immediately before the appointed date jurisdiction in relation to the State of Punjab as it existed before that date ; (d) transferred territories' means the territories which immediately before the appointed date were comprised in the State of Patiala and East Punjab States Union. 3. The Punjab General Clauses Act, 1898, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act. 4. The Punjab Courts Act, 1918 (Punjab Act No. VI of 1918), the High Courts (Punjab) Order, 1947, Rules and Orders of the Punjab High Court and all Laws and Regulalions pertaining to pratice and procedure of the said High Courts and Courts under its superintendence as in force immediately before the appointed date in territories under the jurisdiction of the Punjab High Court are hereby cxtended to and shall be in force in transferred territories : Provided that all second appeals arising out of suits which were instituted in the courts of the transferred territories before the appointed date shall continue to be governed by the provisions of section 49 of the Patiala and East Punjab States Union Judicature Ordinance. 2005 (Pepsu Ordinance No. X of 2005 Bk.} : Provided further that nothing contained herein shall in any manner affect the operation of the provisions of section 100, sub-sections (2) and (3) of section 103, section 107, section 109 and section 110 of the Patiala and East Punjab States Union Judicature Ordinance, 2005 (Pepsu Ordinance No. X of 2005 Bk.) 1957 : Pb. Act 38 ) COURTS LAWS (EXTENSION) 189 5. Notwithstanding anything to the contrary contained in any law for the time being in force the High Court for the '[States of Punjab and Haryana] shalt in relatton to Sub Judges-cum-Magistrates posted from time 10 time at any place in the transferred territories have the same powers and exercise the same control as the Pepsu High Court - had and exercised in respect of them immedjalcly before the appointed date. 6. Inthe Act, Order, Rule and Order or Law and Rcgulation referred 10 in section 4 any reference— (1) to a law which is not in force in the transferred territories shall in relation to such territories be construed as a reference to the corresponding law, if any, in force in such territorics, and; (2) to State of Punjab, by whatever form of wards shall [Punjab and Naryana] High Courl to exercise same control over Sub-Judges- cum-Magis- trates as was excreised by Pepsu High Court. Construction of cenain refer- ences. be construed as including a reference to the - transferred territories. 7. If immediately beforc the commencement of this Act there is in force in the transfefred territories any law corresponding to the Act or Order or any Rule and Order or any Law and Rcgulation now extended to those territories that law, shall save as otherwisce expressly provided in this Act, stand repealed: Provided that the rcpeal shall not affect :— (a) the previous operation of any law so repealed or anything duly done or suffered thereunder ; or {b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed ; or (¢} any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed ; or 1. Substtuted for the words “State of Punjab™ by Haryana Adaptation of Laws Order. 1968. 2. Substituted for the words “Punjab High Courl” by ihid. Repeals and savings. Powers of Court and other authorities for purposes of faciliating application the Actand Rule, Order, elc. Power to remove difficulties. 190 COURTS LAWS (EXTENSION} [1957 : Pb. Act 38 {d) any investigation. legal proceeding or remedy in respect of any such right, privilege, obligation, hability, penalty, forfeiture or punishment as aforesaid ; and any suchinvestigation, 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 : Provided further that anything done or any action taken under any law so repealed shall be decmed to have been done or taken under the corresponding provision of the Act or Order or any Rule and Order or any Law and Regulation extended by section 4 to Ihe transferred temritories and shall continue to be in force accordingly unless and untill superseded by anything done or any action taken under the Act, Order, Rule and order or Law and Regulation so extended. 8. For purposes of factlitating the application in the transferred lerritories ol the Act, Order, Rule and Order or Law and Rcgulation any Court or authority may construe the same with such alterations not affccting the substance as may be necessary or proper to adapt it 1o the matter before the court or authority. 9. I[ any ditficully ariscs in giving effect in the transferred territories to the provisions of the Act, Order, Rule and Order or Law and Regulation cxtended by scction 4, the State Government, may in consultation with the High Court, by order notified in the Official Gazette, nuake such provisions or give such dircctions as appear to it to be necessary or expedient for the removal of the difficualty.