LexThe Himachal Pradesh (Extension of Laws) Act, 1969
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1969
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Extension of certain laws to transferred territories.
4. Construction of certain references.
5. Repeal and savings.
6. Powers of courts and other authorities for purposes of facilitating
the application of the enactments specified in Schedule-I or rules,
etc.
7. Power to make rules, etc. not to be affected.
8. Power to remove difficulties.
SCHEDULE-I.
SCHEDULE-II.
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THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1969
(ACT NO. 5 OF 1970)1
(Received the assent of the President of India on the 13 th January
1970 and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated the 4th April, 1970, pp. 290-294).
An Act to provide for the extension of certain laws as applicable to, or in
force in, the areas as comprised in Himachal Pradesh
immediately before the 1
st November, 1966, to the areas as added
to Himachal Pradesh under section 5 of the Punjab Re-
organisation Act, 1966.
Amended, repealed or otherwise affected by,-
The Himachal Pradesh Adaptation of Laws (State and Concurrent
Subjects) Order, 1973(hereinafter referred to as “A.O. 1973),
published in the Rajpatra, Himach al Pradesh (Extra-ordinary),
dated the 20
th January, 1973, pp. 91-112.
BE it enacted by the legislative Asse mbly of Himachal Pradesh in the
Twentieth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the
Himachal Pradesh (Extension of Laws) Act, 1969.
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated 19th September, 1969, p. 855.
2 THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1969
(2) It shall come into force at once.
2. Definitions.- In this Act, unless there is any thing repugnant in the
subject or context,-
(a) "official gazette" means Rajpatra, Himachal Pradesh;
(b) "old areas" means the ar eas as comprised in Himachal
Pradesh immediately before 1st November, 1966;
(c) "schedule" means a schedule appended to this Act;
(d)
1[XXXXXXXXXXXXXXXXXXXX] and
(e) "transferred territories" means the territories which were
added to Himachal Pradesh under section 5 of the Punjab Re-
organisation Act, 1966 (31 of 1966).
3. Extension of certain laws to transferred territories.- All the
enactments, as amended from time to time, specified in Schedule I, which are
applicable to, or in force in the old areas and all rules, regulations,
notifications, orders and bye-laws made , and all directions or instructions
issued, thereunder, which are in for ce immediately before the commencement
of this Act, are hereby extended to, and shall be in force, in the transferred
territories.
4. Construction of certain references.- In the enactments, or rules,
regulations, notifications, orders and bye-laws made, and directions or
instructions issued, thereunder, as referred to in section 3, any reference,-
(i) to the law which is not in fo rce 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
(ii) to the
2[State of Himachal Pradesh], by whatever form of
words, shall be construed as including a reference to the
transferred territories.
5. Repeal and savings.- If, immediately before the commencement of
this Act, there is in force in the tr ansferred territories any law corresponding
to any of the enactments or rules, regulations, notifications, orders and bye-
laws made, and directions of instructions issued, thereunder, extended to those
territories, by section 3, that law including the enactments specified in
Schedule II, 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
1. The definition of "State Government" omitted by A. O. 1973.
2. Substituted for "Union Territory of Himachal Pradesh" by A. O., 1973 .
THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1969 3
(b) any right, privilege, obliga tion or liability acquired, accrued
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 pro ceeding 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
corresponding provision of the enactment extended by section 3 to the
transferred territories, and shall continue to be in force accordingly, unless and
until superseded by any thing done or any action taken under the enactment so
extended.
6. Powers of courts and other authorities for purposes of
facilitating the application of the enactments specified in Schedule I or
rules, etc.- For the purposes of facilitating the application in the transferred
territories of any enactment specified in Schedule I or of any rule, regulation,
notification, order, bye-law, direction or instruction referred to in section 3,
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.
7. 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 Schedule I, to add, to
amend, vary or rescind the rules, regul ations, notifications , orders and bye-
laws made, and directions or instruc tions issued, as extended by section 3 to
the transferred territories.
8. 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, 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.
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4 THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1969
SCHEDULE I
(See section 3)
Sl. Year Number of Name of the Act
No. the Act
1. 1955 6 The Himachal Pradesh Private Forests Act,
1954.
2. 1966 8 The Himachal Pradesh Khadi and Village
Industries Board Act, 1966.
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SCHEDULE II
(See section 5)
Sl. Year Number of Name of the Act
No. the Act
1. 1956 40 The Punjab Khadi and Village Industries Board
Act, 1956.
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