The Punjab Laws (Extension No. 11) Act, 1962

THE PUNJAB LAWS (EXTENSION NO. 11) Аст, 1962 1THE PUNJAB LAWS (EXTENSION No. 11) ACТ, 1962 (PUNJAB Aст No. 18 OF 1962) 829 I'Received the assent of the President of India on the 22n! June, 1962 and first published for general infor nation in the Punjab Government Ga:ette Extra- ordinary), Legislative Supplement, of the Ist August, 1962.] AN ACT to provide for the extension of certajn laws to the territories which, immedjately before the 1st November, 1956. were comprised in the State of Patiala and East Punjab States Union BB it enacted by the Legislature of the State of Punjat in the Thirteenth Year of the Republic of India as follows :- 1. (1) This Act may be called the Punjab Laws (Extension No. 11) Act, 1962. (2) It shall come into force at once. 2. In this Act,- (a) "Schedule" means a Schedule appended to this Act, (b) "transferred territories" means the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union. 1 For Statement of Objects and Reasons, See Punjab Government Gazette (Extraordinary), 1962, page 568. Short title and commencement. Definitions. Interpretation, Extension of certain laws to transferred territories. Construction of certain references Repeals and savings. 830 THE PUNJAB LAWS (EXTENSION NO. 11) Аст, 1962 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. All the enactments, as amended from time to time, specified in Schedule I and so much of the enactments, as amended from time to time, specified in Schedule II, as extend to the territories which, immediately before the 1st November, 1956 were comprised in the State of Punjab and relate to matters with respect to which the State Legisla- ture has power to make laws for a State and all rules, regulations, notifications, orders and by-laws made, and all directions or instructions issued, thereunder, which are in force immediately before the commencement of this Act in the said terri- tories, are hereby extended to, and shall be in force in, the transferred territories : Provided that the Usurious Loans Act, 1918, as amended by the Usurious Loans (East Punjab Amendment) Act, 1948, shall be deemed to have been extended to, and enforced in, the transferred territories from the 30th Decemter, 1960. 5. In the enactments, or rules, regulations, notificaticns, orders and bye-laws made, and directions or instructions issued, thereunder, as referred to 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 territories, and (2) to the State of Punjab by whatever form of words, shall be construed as including a reference to the transferred territories. 6. If immediately before the commencement of this Act, there is in force in the transferred THE PUNJAB LAWS (EXTENSION No. 11) 831 Аст, 1962 territories any law corresponding to any of the enactments or rnles,, regulations, notifications, orders and bye-laws made, and directions or instructions issued, thereunder, extended to these terri tories by section 4, that law, including the enactment specified in Schedule III, shall on the commencement of this Act save as otherwise expressly provided in this Act, stand repealed : Provided that such repeal 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 or incurred under any law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) any investigation, legal proceeding or remedy in respect of any Such right, privilege, obligation, liability, penalty. forfeiture or punishment as aforesaid; and any such investigation, 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 deemed to have been done or taken under the corresponding provision of the enactment extended by section 4 to the transferred territories, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the enactment so extended. Powers of courts and other autho- rities purposes facilitating application for of of the enactments specified in Schedule I or II or rules, etc. Power to make rules, etc., not to be affected. Power to remove difti- culties. 832 THE PUNJAB LAWS (EXTENSION No. 11) Аст, 1962 7. For purposes of facilitating the application in the transferred territories of any enactment specified in Schedule I 01 Schedule II or of any rule, notification, order, bye-law, direction or instruction referred to in section 4, any court or other authority may construe the same with such alterations, not afrecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority. 8. Nothing contained in this Act shall affect the power of the State Government or of any officer or authority, exercisable under the enact- ments specified in Schedules I and II, to add to, amend, vary or rescind the rules, regulations notifications, orders and bye-laws made, and đirections or instructions issued as extended by section 4 to the transferred territories. 9. If any difficulty arises in giving effect in the transferred territories to the provisions of any enactment specified in Schedale I or Schedule II, the State Government may by order notified in the Official Gazette, make such provisions or give such directions as appear to it to be necessary or expedient for the removal of the difficulty. THE FUNJAB L WS (EX ENSION NO. 11) Аст, 1962 SCHEDULE I EXTENSION OF PUNJAB ACTS (See section 4) Number of the Act Short title 833 Serial No. Year 1 2 3 1 1905 III 5 .. The Punjab Minor Canals Act, 1905 2 1926 V .. The Punjab Aerial Ropeways Act, 1926 3 1936 V .. The Punjab Copying Fees Act, 1936 14 1942 VII The Musjc in Muslim Shines Act, 1942 Serial No. Year SCHEDULE II EXTENSION OF CENTRAL ACTS (See section 4) Namber of the Act 1 2 3 1 1878 117 2 1908 14 3 1918 10 .. Short title 4 The Northern India Ferrjes Act, 1878 .. The Indjan Criminal Law Amendment Act, 1908 The Usurious Loans Act, 1918 as amended by the Usurious Loans (East Punjab Amendment) Act 1948 (Punjab Act No. IV of 1948) 834 ТHE PUNJAB LAWS (EXTENSION NO. 11) Аст, 1962 SCHLDULE III REPEAL (See section 6 Serial No. Year Number of the Act Sho t title 1 2 3 4 1 1947 42 Legal Remembrancer, Patiala's Notification No. Leg/4? dat1 16th O:tober. 1947/30-5-2004 prescribing rules for regulating the access of the publjc to official reco ds and depart- mental documents. 34-LR-C., P. & S., Pb., Chandigarh