NYAYA SIGNAL
Chandigarh · 1958 · Bare Act
The Punjab Laws (Extension No. 5) Act, 1958
1958 Pb. Act No. 30] THE PUNJAB LAWS (EXTENSION NO. 5) AСт, 1958 ITHE PUNJAB LAWS (EXTENSION NO. 5) ACT, 1958 (PUNJAB ACT No. 30 OF 1958) [Received the assent of the President on the 3rd November, 1958 and was first published for general information in the Punjab Government Gazette (Extraordinary) dated the 7th November, 1958.] 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 Ninth Year of the Republic of India as follows :- 1. (1) This Act may be called the Punjab Laws (Extension No. 5) Act, 1958. (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 terri- tories which, immediately before the 1st November. 1956, 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. 1. For statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 1494. Short title and commeneemenr. Definition Interpretation Extension of certain laws to transferred territories. Construction of certain references. Repeals and savings.: 794 THE PUNJAB LAWS (EXTENSION NO. 5) ACТ, 1958 [1958: Pb. Act No. 30 4. (1) All the enactments, as amended fromtime to time, specified in Schedule i and so muchof any of the enactments, as amended from time to time, specified in Schedule II as extends to theterritories which, immediately before the 1stNovember, 1956, were comprised in the State ofPunjab and relates to matters with respect to whichthe State Legislature has power to make laws fora State, and all rules, regulations, notificaiions,orders and by-laws made, and all directions orinstructions issued, thereunder which are in forceimmediately before the commencement of this Actin the said territories, are hereby extended to, andshall be in force in, the transferred territories. (2) The anendments specified in ScheduleI shall be made in the aforesaid enactments. 5. In the enactments, or rules, regulations,notifications, orders and by-laws made, and direc-tions or instructions issued, thereunder, as referredto in section 4, any reference- (1) to a law which is not in force in the transferred territories shall in relation to such teri itories, be construed as areference to the corresponding law, if any, in force in such territories; and (2) o the state of Punjab, by whatever formof words, shall be construed as inclu-ding a reference to the transferredterritories. 6. If immediately before the commencementof this Act, there is in force in the transferredterritories any law corresponding to any of theenactments or rules, regulations, notifications, ordersand by-laws made, and directions or instructionsissued, thereunder, extended to those territories bysection 4, that law, including the enactments speci-fied in Schedule III shail on the commencement 1958:Pb. Act No. 301 THE PUNJAB LAWS (EXTENSION 795 NO. 5) AСT, 1958 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 re- pealed 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 commit- ted 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 afore said; 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 corres- ponding 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 authori- ties for purposes of facilitating application of the enactments specified in schedule Ior II or rules, etc. Power to make rules, etc., not to be affected. Power to remove difficulties. 796 THE PUNJAB LAWS (EXTENSION [1958: Pb. Act No. 30 NO. 5) ACT, 1958 7. For purposes of facilitating the application in the transferred territories of any enactment specified in Schedule I or Schedule II or of any rule, regulation, notification, order, by-law, direc- tion or instruction referred to in section 4, any court or other authority may construe the same with such alterations, not affecting the substante, 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 by-laws made, and direc- tions or instructions issued, as extended by section 4 to the transferred territories. 9. If any difficuly 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 remeval of the difficulty. SCHEDULE I EXTENSION OF PUNJAB ACTS (See Section 4) Serial No. Year Number of the Act Short title Amendments 1 2 3 4 1 1916 (II of 1916) The Punjab Medical Registration Act, 1916. 5 1958 Pb. Act No. 30] THE PUNJAB LAWS. (EXTENSION NO. 5) ACT, 1953 797 Serial Year No. Number of the Act Short title Amendments 1 2 3 4 5 2 1918 (VIII of 1918) The Punjab Village and Small Towns Patrol Act, 1918. 3 1932 (I of 1932) 4 1949 (XXVIll of 19 49) Te Pinjab Nurses Re- gistration Act, 1932. The Cole of Criminal Procedure (East Pu njab Amend mcnt) Act, 1949. Section 197-A of the Act shall be renumbered as section 197-В. Serial No. Year SCHEDULE II EXTENSION OF CENTRAL ACTS (See Section 4) Number of the Act 1 1861 (V of 1861) 2 1887 (IX of 1887) 3 1895 (xV of 1895) 4 1911 (Xof 1911) 5 1916 (VII of 1916) 6 1920 (V of 1920) 7 1920 (XXXII of 1920) 8 1948 (VIII of 1948) Short tit le The Police Act, 1861 as amended by East Punjab Act No. XXX of 1948. The Provincial Small Cause Courts Act, 1887. Thc Government Grants Act, 1895. The Preventionof Sedi- tions Mcetings Act, 1911. The Indian Medical Degrees Act, 1916. The Provincial Insolvency Act, 1920, as amended by Punjab Act (IX of 1939). The Identification of Pri- soners Act, 1920. The Pnarmacy Act, 1948. Amendments 798 THE PUNJAB LAWS (EXTENSION [1958 Pb. Act No. 30 NO. 5) ACт, 1958 Serial Year Number of the ActNo. SCHEDULE III REPEAL (See Section 6) Short title Amendments 1 1939 (Nofification No. 11 of 22nd Janu- ary, 1938) The Patiala Government Ministry of Law and Appeal notification, dated 22nd January, 1938, ар- plying the provisions of the Provincial Insolcency Act, 1920, to the erst- while Patiala Stats. 2 1981 (II of 1981 Bk.) Bk. 3 1985 (II of 1985 Bk.) Bk. 4 1997 (XII of 1997 Вk.) Bk. 3 1999 (III of 1999 Bk.) Bk. 6 2005 (I of 2095 Bk.) Bk. The Patiala Village and Small Towns Patrol Act, 1981 Bk. The Patiala Police Act, 1985 Bk. The Patiala Small Cause Courts Act, 1997 Bk. The Patiala Medical Degrees Act, 1999. The Patiala Governmənt Grants Act, 2005 Bk.