The Punjab Laws (Extension No. 4) Act, 1958

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1958:Pb. Act No. 18] THE PUNJAB LAWS (EXTENSION 783
NO. 4) AСТ, 1958

ITHE PUNJAB LAWS (EXTENSION NO. 4)
АСТ, 1958

(PUNJAB ACT No. 18 OF 1958)

[Received the assent of the President on the 9th
May, 1958 and was first published for general infor-
mation in the Punjab Government Gazette (Extra-

ordinary) dated the 15th May, 1958.]

An Act to provide for the extention of certain laws

to the territories which, immediately before the 1st

November, 1956, were comprised in the State of

Patiala and East Punjab States nion.

1.

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. 4) 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.

For statement of Objects and Reasons, see Punjab Government Gazette

(Extraordinary), 1958. page 546 k.

Short title and
commencement.

Definitions.

Interpretatlon



Extension of

certain laws to
transferred

territories.

Construction of

certain references.

Repeals and
savings.

784 THE PUNJAB LAWS (EXTENSION [1958: Pb. Act No. 18

NO. 4) ACт, 1958

4. (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
territories which, immediately before the 1st Novem-
ber, 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 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 Schcdule
shall be made in the aforesaid enaciments.

I

5. In the enactments, or rules, regulations,
notifications, orders and by-laws, made, and direc-

tions or instructions issued, thereunder, as referred
to in section 4, any referencе-

(1) to a law which is not in force in the
transferred territories shall in relation to

such territories, be construed as a re-

ference 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 terri-

tories any law corresponding to any of the enact-

ments or rules, regulations, notitications, 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



1958:Pb. Act No. 18] THE PUNJAB LAWS (EXTENSION 785

NO. 4) ACт, 1958

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 liabi-

lity acquired or incurred under any

law so repealed; or

(c) any penalty, forfeiture or Punishment

incurred in respect of any offence com-

mitted 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 re-

medy 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 bе

deemed to have been done or taken under the

corresponding provision of the enactment extended

by section 4 to the transferred territories, and sha
ll

continue to be in force accordingly, unless and

until superseded by anything done or any action

taken under the enactment so extended.

7. For purposes of facilitating the application

in the transferred trrritories of any enactment spесі-

fied 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

Powers of courts
and other autho-

rities for purposes

of facilitating
application of
the enactments

specif ied in
Schedule I or

II or rules etc.



Power to make
rules, etc., not
to be affected,

Power to remove
difficulties.

786 THB PUNJAB LAWS (EXTENSION [1958: Pb. Act No. 18
NO. 4) AСТ, 1958

alterations, not affecting the substance, as may be
necessary or proper to adapt it to the matter be-
fore 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 enactments speci-
fied 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 to the transferred
territories.

9. 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 Stave 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

(See section 4)

Serial

No.

Year No. of

the Act

Short title Amend ments

1 2 3 4 5

1 1872 (IV of 1872) The Punjab Laws
Act, 1872

2 1900 (II of 1900) The Punjab Land
Preservation Act,
1900

3 1913 (II of 1913) The Redemption of
Mortgages (Punjab)
Act, 1913

To the Provisc to snb-section
(3) of section 1, add the
words "or the Patiala
Alienation of Land Act,
1972 Bk"



1958: Pb. Act No. 18] THE PUNJAB LAWS (EXTENSION 787

NO. 4) ACт, 1958

Serial
No.

Year No. of

the Act

Short tit le Amendments

2 4 5

4 1913 (III of 1913) The Punjab Forest

(Sale of Timber)
Act, 1913

5 1914 (I of 1914) The Punjab Excise

Act, 1914

6 1918 (VII of 1918) The Punjab Juvenile

Smoking Act, 1918

7 1926 (X of 1926) The Good Conduct

Prisoners' Proba-

tional Release Act,

1926

8 1926 (XI of 1926) The Punjab Borstal

Act, 1926

9 1938 (IV of 1938) The Punjab Restitu-

tion of Mortgaged

Lands Act, 1938

1. The following words

shall be added at the

end of section:-

"in the territories which,

immediately before

the Ist November,

1956, were comprised

in the State of Punjab,
and prior to 17th

February, 1915, in

the territories which,

immediately before the

1st November, 1956,

were comprised in the

State of Patiala and

East Pu njab States

Union."



788 THE PUNJAB LAWS (BXIENSION [1958: Pb. Act No. 18
NO. 4) AСТ, 1958

Serial
No.

Year No. of

the Act
Short tit le Amend ments

1 2 3
4 5

9

concld.

10 1941 (VII of 1941) The Punjab Sappres-
sion of Indecent
Adver tisemen's
Act, 1941

11 1942 (XIV of 1942) The Press and Regi-
stration of Books
(Punjab Amend-
ment) Act, 1942, as
amended by Punjab
Act 15 of 1957

12 1947 (VIII of 1947) The East Punjab
National Volu nteer

Corps Act, 1947

13 1947 (XII of 1947) The ast Punjab
Police (Protection
of Railways) Act,
1947

14 1948 (XXIII of
1948)

The East Panjab
Cotton (Statistics)
Act, 1948

15 1949 (III of 1949) The East Punjab
Urban Rent
Restriction Act,
1949

2. The following words
shall be added at the

end of the Explanation
to section 2:-

"or in the case of a

mortgage in the terri-
tories which imme-

diately before the 1st
November, 1956, were
comprised in the State
of Patiala and East
Punjab States Union,
before the date on

which this Act is
extended to those
territories."



1953 pb. Act, No. 181 THE PUNJAB LAWS (EXTENSION 789

NO. 4) AСТ, 1958

Serial

No.

Year No. of the

Act Short title Amendments

1 2 3 4

16 1949 (IV of 1949) The East Punjab

Agricultural pests,
Diseases and

Noxious Weeds

Act, 1949

17 1949 (XI of 1949) The East Punjab
Tractor Cultivation

(Recovery of

Charges) Acr, 1949

18 1949 (XXX of
1949)

The East Punjab

Drugs (Control)
Act, 1949

19 1953 (XII of
1953)

The Punjab Security
of the State Act,

1953

20 1953 (XL of

1953)

21 1953 (II of 1955)

22 1955 (6 of 1956)

5

The Punjab Sugar-

cane (Regu lation of
Purchase and

Supply) Act, 1953
The Punjab Cotton
Ginning and Press-

ing Factories Act,
1953

The Panjab Land

Revenue (Spocial
Assessment) Act,
1955

In subsection (1) of soc-
tion 3, after the figure
"1955'" the words "in

the territories which,

immediately before the

1st November, 1956,
were comprised in the

State of Punjab, and
from the Kharif harvest,

1957, in the territories

which immediately be-
fore that date, were

comprised in the State of

patiala and East Pu njab

States Union" shall be
inserted.

23 1956 (16 of 1956) The Punjab Indus-
trial Housing Act,
1956