The Punjab Laws (Extension No. 5) Act, 1958
The Punjab Laws (Extension No. 5) Act, 1958
1. Short title and commencement.
(1) This Act may be called the Punjab Laws (Extension No. 5 ) Act, 1958. (2) It shall come into force at once.
2. Definitions.
(a) "schedules" 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.
3. Interpretation.
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. 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 enactments, as amended from time to time, specified in Schedule II as extends to the transferred territories which, immediately, before the 1st November, 1956, were comprised in the State of Punjab and relates to matters with respects to which the State Legislature 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 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 enactments.
5. Construction of certain enactments.
In the 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) 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 as reference to the transferred territories.
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 enactments or rules, regulations, notifications, orders and by-laws made, and directions or instructions issued, thereunder, extended to those territories by section 4, that law, including the enactments 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 laws so repealed shall be deemed to have been done or taken under the corresponding provisions 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 enactments so extended.
7. Powers of courts and other authorities for purposes of facilitating application of the enactments specified in Schedule I or II or rules, etc.
For purposes or facilitating the application in the transferred territories of any enactments specified in Schedule I or Schedule II 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. 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, exercisable under the enactments specified in Schedules I and II to add to, amend, vary or rescind the rules, regulations, notifications, orders and by-laws made, and directions or instructions issued, as extended by section 4 in the transferred territories.
9. Power to remove difficulties.
If any difficulty arises in giving effect in the transferred territories to the provisions of 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 expedient for the removal of the difficulty.
Schedule I. Extension of Punjab Acts
Extension of Punjab Acts (See section 4) The Punjab Medical Kegis- tration Act, 19 t b. The Punjab Village and small Towns Patrol Act. 1918. The Punjab Nurses Kegismarion Act, 1932. The Code of Criminal Procedure (East Punjab ~mendment) Act, 1949. Amendments Seclion 197-A of thc Ac[ shall be renumbered as secliun 197-B.
Schedule II. Extension of Central Acts
Extension of Cen~rai ACLS (5ee sccrion 4j Sr. I Y ~ I Number of 1 1 Short title 1 Arnendmcnls T4u. 4. 5. 1 2
Llie Aci 3 1. 2. 1911 1916 18S1 i (V of 1861) I '?.he Pollee Act. 186 1 . 2:; - ~ ~ ~ ~ d < d h v r2.-1 - J --*- Punjab Act No. XXX i of 1948. 1887 (LY of I SS7) The Provincial Small Causc Courts Act, 1887. i 3. I 1695 I (I?: ur 1895) I Tiic Guvernillent Grki;s I 4 (Xof1311) ( of l ) 5 Act. 1895. The Prevention of Sediriun Meetings Acr, 191 1. TheTndianMedical Degrees Act, 1916. The Provincial Insolvency Act. 1920, as amended by IA1ni.b A,-l (M !939), . ". . - The Identification of Priso- ners Act, 1320. Shon tide The Pharmacy Act. L948. Numbct of the A: (Notihcation NO. I I of 22nn lanuq-, 1938) {II of 1931 Bk.1 (I1 of 1985 SR), ( X I of 1997 Bk.) (111 of 1999 Rk.) (I of 2005 Bk.)
Schedule III. Repeal
Rcpeal (SEE se:!ion 6) Short title Thc Pndala Government Minisfry of Law and Appeal notification, dated 37nd J~nuary, 1935, applying the provisions of the Provincial Insolvency Act, 1970 to the em- wbiic PsrinIn Stare. The Pa~iala Village and Small Towns 3atraL Act. 1981 Bk- The Patiala Police .4ct, 1qss Ek, The Patiula Small Cuusr Courts Act, 1 997 Bk. The Patiala Medical Acr. 1999. The Paliala Government Grants Act. 2005 Bk. Amcnd rnenrs Amendments
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