The Punjab Laws (Extension No.3) Act, 1957

1957 : Ph. Act 23] LAWS (EXTENSION NO. 3) 171 ’THEVI?UNJAB LAWS (EXTENSION NO. 3) ACT, 1957. * (Puniab Act No. 23 or 1957) [Received the assent of the President of India on the 12th July, 1957, and was first published in the Punjub Government Gazette (Extraordinary) of the 24th July, 1957]. AN Act to provide for the extension of certain laws 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 Laws (Extension Short title and No. 3) Act, 1957. comnence- ., ment. (2) It shall come into force at once. 2. In this Act,— : Definitions. (a) "Schedule” means a Schedule appended to this Act ; (h) "transferred temitorics” means the temritories which immediately before the lst November, 1956, were compriscd in the State of Patiala and East Punjab States Union. 3. The Punjab General Clauses Act, 1898, shall apply for the Interpretation. ‘interprelation of this Act as it applies for the interpretation of a Punjzb Act. 4. (1) ‘Al the enactments, as amended from time to time, Exeension of specified in Schedule I and so much of any of the cnctments, as amended certain laws from time to-time, specified in Schedule 11 as extends to the tervitorics transferred territorics. L. For Statement of Qbjects and Reasons, see Punjah Governmens Gazeire (Extracrdinary), 1957, page 689. Construction of certain refer- ence. Repeals and savings, 172 LaWwS (EXTENSION NO. 3) [1957 < Pb. Act 23 which, immediatcly before the Ist November, 1936, were comprised in the State ol Punjab and relates to matters with respect to which the State Legislature has power 1o make law for a state, and all rules. regulations, notifications, orders and by-laws made, and all directions or instructions issued, thercunder, which are in force immediately before the commencement of this Act in the said territories. are hereby extended 1o, and shall be in force in, the transferred territories. (2) The amendments specified in Schedule I shall be made in the aforesaid enactments. 5. Inthe enactments, or rules, regulations, notifications, orders and by-laws made, and directions or instructions issued, thereunder, as referred to in section 4, any reference :— : (1) (o alaw which s not in force in the tra};sfencd territories shall in relation to such territories, be construed as a reference to the corresponding law, if any, in force in stich territories ; and (2) 1o the State of Punjab, by whatever form of words, shall be construed as including arcference to the transferred lerritories. 6. Ifimmediately before the commencement of this Act, there isin force in the transferred territosies any law corresponding to any of the enactments or rules, regulations, notifications, orders and by-laws made, and directions, or instructions issued, thercunder, extended to those territorics by section 4, that law, including the enaciments specified in Scheduie 111, shall on the commencement of this Act, save as otherwise expressly provided in this Act, stand repealed: Provided that such repeat shall not affect— (a) the previous operation of any faw so repcaled or anything duly done or sulfered thercunder : or (b) any right, privilege, obligation or liability acquired or incurred under any law so repealed ; or’ (¢) any penally, forfeiture or punishment incurred in respect of any offence commiited against any law so repealed : or ’ 1957 : Pb. Act 23] LawS (EXTENSION NO. 3) 173 (d) any investigation, lcgal proceeding or remedy in respect of any such right, privilege, obligatisn, liabtlity, penalty, {orfeiture or punishment as aforesaid ; and any such investigation, legal procceding 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 unler any law so repealed shall be deemed to have been donc or taken uirler the corresponding provision of the enactment extended by section ¢ to the transferred territories, and shall continue to be in force accordingly, unless and unti supcrseded by anything done or ny aC.thn taken uncler the enactments so cxtended. « 8 7. For purposes of facilitating the application ir the transfered territories of any enactment specified in Schedule I or Schedule Tl or of any rule, regulation, notification, order, by-law, direction or instruction referred to in section 4, any court or other authority may construe the same with such alterations, not affecting 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 cnactments specified in Schedules T and T, to add to, amend, vary or rescind the rules, regulations, notifications, orders and by-laws made, and directions or instructions issued, as exlended by section 4 to the transferred territories. 9. If any difficulty ariscs in giving effect in the transferred territories (o the provisions of any enactment specified in Schedule T or Schedvle I, the State Government may, by order notified in the Official Gazetre, make such provisions or give such directions as appear 10 it to be necessary or expedicent for the removal of the difficulty. Powers of courts and other authori- ties for purposes of facilitating application of the enactinents specified in Schedules T or 11 or rules, etc. Power lo make rules, etc., not to be affected. Power Lo remove difficulties. 174 LAWS {EXTENSION NO. 3) [1957 : Pb. Act 23 SCHEDULE I Extension of Punjab Acts (Sec Section 4) Sr. | Year | Numberof Short ttle Amendments No. the Act 1] 2 -3 4 Cs5. 1. [ 1887 | (ActNo. XVI The Punjab Tenancy of 1887) Act, 1887 2.| 1887 | (ActNo. XVl The Punjab Land of 1887) Revenue Act, 1887 3.| 1899 | (ActNo.lof The Punjab Riverain 1899 Boundaries Act, 1899 4.1 1913 | (ActNo.Iof The Punjab Pre- 1513) emption Act, 1913 511935 | (ActNo.Vof The Punjab State After section 45 1935) v Aid to Industries the following new Act, 1935 section shall be added:— “45-A. All loans granted under the Loans Patiala under and East Pepsu Punjab Act Il States of 2007 Union tobe State deemed Aid 10 to be Indus- granted (ries Act . under 2007 this Act.(Act: No.!l of 2007 Bk.) shall be deemed to be granied under and in accordance with the provisions of this Acl and shall be recoverable in -1955) {Additional Funct- ions) Act, 1955. 1957 : Ph, Act 23 ] LAWS (EXTENSION NO. 3) 175 Sr. | Year | Number of Short title Amendments No. the Act ' a2 3 4’ 5 the same manner in which loans granted under this Act ae recoverable.” 6. | 1943 | (Act No. VI of The Punjab Maternity 1943) Benefit Act, 1943 7. [ 1948 { (XI of 1948) The East Punjab Molasses (Control) Act, 1948 8. [ 1948 | (Act No. XX The East Punjab of 1948) Factories (control . of Dismantling Act, 1948 9. | 1948 | (Act No. XXII The East Punjab W-ar of 1948) Awards Act, 1948 "10. | 1950 | (ActNo. VIof | The Punjab Abolition 1950) of Village Cess (Kuri Kamim) Act, 1950 11. | 1953 | (Act No. XVII The Punjab Silk-Worm of 1953) Seed Control Act, 1953 12. | 1954 | (VI of 1954} The Punjab Entertain- ments Tax (Cinemato- graph Shows) Act, 1954 13.|1954 | (XU of 1954) The Punjab Tobacca Vend Fees Act. 1954 14, [ 1955 | (Act No. IX of The Punjab Public In seation 3, . Service Commission before word “recruitment” insert Lhé,words “or the Pauala Municipal (Execurive Officass) Act, 2003." 176 LAWS (EXTENSION NO, 3) {1957 : Pb. Act 23 Sr. | Yeat | Number of Short tidde - - .-Amendments No. the Act ' i 1 z 3 4 5 15. 1955 | (ActNo. XTIV The Punjab Ca-op- In section 25 and of 1953) erative Societies sub-section (2) of Act, 1954 section 26, for the figure “23" the figure “24° shall be substituted. 16. 11955 | {XVI of 1955) The Punjab Enter- : tainmenis Duty Act, 1955 i 17. | 1955 | (450l 1956) The Punjab Bhudan After clause (e) Yagna Act, 1955 of section 25, the following new . clddse shafl be added. namely:— (D If a co-ope- rative farming society is-formed in the village, he shall if so required " by k¢’ Revenue Officer become a member of the cooperative farming society and abide by its by-laws and regufations.” SCHEDULE I Extension ot Central Regulations {See section 4) Sr. | Year | Number of Shorr tille Amendments Na. the Act 1] 2 3 4 5 k.| 1798 | (Rezulation No, | The Bengal Land 1 of 1798) (Conditional Sales) Regulation. '1798. \ 1957 : Pb. Act 23 ] LAWS (EXTENSION NO. 3) 177 Sr. | Year | Number of Short title Amendmients No. the Act 1|2 3 4 s 2| 1806 | (Regulation No. The Bengal Land XVIEof 1806) Redemption of Foreclosure . Regulation, 1806. 3.1 1825 | (Regulation No. The Bengal Alluvion X1 of 1825) and Dilluvion Reg- ulation, 1825. SCHEDULE 1 Repeals (See scelion 6) Sr. | Year | Numberof Shart title Amendments No. the Act ) 2 3 4 3 L.| 1994 | (Patiala State Patiala State Noti- notification No. | fication No. 4 dated 4, dated 251h 25th Har, 1994, Bk. Har, 1994,Bk.) enforcing the Punjab Land Revenue Act, 1887, in the erstwhile Patialz State. 2. (Patiala Council | Patiala Council of of Regency's Regency's order order cnforcing | enfarcing the the Punjab Ten- Punjab Tenancy ancy Act, 1387 Act, 1887 in the and the Patiala erstwhile Patiala Tenancy State with effeet (Amendment) from 16th August. Act, 1997 Bk.) 1901 and the Partiala Tenancy (Amend- ment) Act, 1997, 3.| 200t { (Foreign Minis- | Forcign Miristry Bk. tey Patiala’s (Legislation Branch) notification No. Leg/21, dared 1-2-2001 Bk/ 13th May,. 1944) Patiala’s Netification No. Leg/21, dated 1-2-2001 Bk./13th May, 1944 enforcing the Punjab Pre- 178 LAWS (EXTENSION NO. 3) [1957 : Pb. Act 23 Sr. Year Number of the Act Short title Amendments 3 4 w 10. 2002 Bk. 2005 Bk. 2006 1917 2007 2008 Bk. (10f 2002 Bk.) (XVIII of 2005 Bk.) (Pepsu Ordina- nce No. XXVII of 2006 Bk. (ljtas-i-khas Order, dated the 3rd Sepumeber, 1917 ) Pepsu Act No. 11 of 2007Bk. {XXV of 2008 Bk.} (25 of 1955) cmption Act, 1913, in the Patiala Statc, as amended by L.R, Patiala's Notification No. Leg/116, dated the 18th December, - 1944 A D./4-9-2041 Bk. The Patiala Ent- efainments Duety Act, 2002Bk. The Padala and East Punjab Siates Union Molasses {Control) Ordinaace, 2005 Bk. The Pepsu Wur Awards Ordin- ance, 2006. Tjlas-i-Khas Patiala order the dated 3rd Seplem- ber, 1917 applying the Co-operative Societies Act, 1912. The Patiala and East Punjab Staes Union State Aid to Industries Act, 2007. The Pepsu Manufa- ctured Tobaceo {Regulation of Possession and Sale) Act, 2008 BX. The Pepsu Bhoodan Yagna Act, 1955,