PUNJAB LAWS (EXTENSION NO. 1) ACT, 1957

Preamble - THE PUNJAB LAWS (EXTENSION NO. 1) ACT, 1957

THE PUNJAB LAWS (EXTENSION NO. 1) ACT, 1957

[Act No. 5 of 1957]

[3rd April, 1957]

PREAMBLE

An Act to provide for the extension of certain laws to the territories, which im?mediately before the Ist 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 Re?public of India as follows :-

Section 1 - Short title and commencement

(1)     This Act may be called the Punjab Laws (Extension No. 1) Act, 1957.

 

(2)     It shall come into force at once.

Section 2 - Definitions

In this Act -

(a)      "Schedule" means a Schedule appended to this Act;

 

(b)      "transferred territories" mean the territories which, immediately before the Ist November, 1956, were comprised in the State of Patiala and East Punjab States Union.

Section 3 - Interpretation

The Punjab General Clauses Act, 1898, shall apply for the in?terpretation of this Act as it applies for the interpretation of a Punjab Act.

Section 4 - Extension of certain laws to transferred territories

(1)     All the enactments, as amended from time to time, specified in Schedule I and so much of any of the en?actments, as amended from time to time, specified in Schedule II as extends to the territories which, immediately before the Ist November, 1956, were comprised in the State of Punjab and relates to matters with respect to which the State Legislature has power to make laws for a State, and all rules, regulations, notifications, orders and bye-laws made, and all directions or instructions issued, thereunder, which are in force immediately before the commencement of this Act in the said territories, are hereby extended to, and shall be in force in, the transferred territories.

 

(2)     The amendments specified in Schedule I shall be made in the aforesaid enact?ments.

Section 5 - Construction of certain references

In the enactments, or rules, regulations, notifications, orders and bye-laws made, and directions or instruction issued, there?under, 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 in?cluding a reference to the transferred territories.

Section 6 - Repeals and savings

If immediately before the commencement of this Act, there is in force in the transferred territories any law corresponding to any of the en?actments or rules, regulations, notifications, orders and bye-laws made, and directions or instruction issued thereunder, extended to those territories by section 4, that law, including the enactments specified in Schedule III, shall on the commence?ment 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 to 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, forfei?ture 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 corre?sponding provision of the enactment extended by section 4 to the trans?ferred territories, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the en?actment so extended.

Section 7 - Powers of courts and other authorities for purposes of facilitating applica?tion of the enactments specified in Schedule I or II or rules etc

For purposes of facilitating the application in the transferred territories, of any enactment specified in Schedule I or Scheduled II or of any rule, regulation, notification, order, bye-law, di?rection 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 nec?essary or proper to adapt it to the matter before the court or other authority.

Section 8 - Power to make rules, etc., not to be affected

Nothing contained in this Act shall affect the power of the State Government or of any officer or authority, exercis?able under the enactments specified in Schedules I and II, to add to, amend vary or rescind the rules, regulations, notifications, orders and byelaws made, and directions or instructions issued as extended by section 4 to the transferred territories.

Section 9 - Power to remove difficulties

If any difficulty arises in giving effect in the transferred territories to the provisions or any enactment specified in Schedule 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 expe?dient for the removal of the difficulty.

Schedule - SCHEDULE I

SCHEDULE I

Extension of Punjab Acts 

(See Section 4)

 

Schedule - SCHEDULE I

I

 

SCHEDULE II

Extension of Central Acts 

(See Section 4)

 

Schedule - SCHEDULE I

II

SCHEDULE III

Repeals

(See Section 6)