LexThe Himachal Pradesh (Extension of Laws) Act, 1976
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1976
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, 1976
(ACT NO. 29 OF 1976)
1
(Received the assent of the President on the 17 th July, 1976 and was
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated the 29 th
July, 1976, pp. 1467-1470).
An Act to provide for the extension of certain laws as applicable to, or in
force in, the areas as comprised in Himachal Prades h
immediately before the 1
st November, 1966, to areas as added to
Himachal Pradesh under section 5 of the Punjab Re-o rganisation
Act, 1966.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-seventh 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, 1976.
(2) It shall come into force at once.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(a) "Official Gazette" means Rajpatra, Himachal Pr adesh;
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 6 th March, 1976 p. 794.
THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1976 2
(b) "old areas" means the areas as comprised in Hi machal
Pradesh immediately before the 1st November, 1966;
(c) "schedule" means a schedule appended to this A ct;
(d) "State Government" means the Government of Him achal
Pradesh; and
(e) "transferred territories" means the territorie s which were
added to Himachal Pradesh under section 5 of the Pu njab Re-
organisation Act, 1966 (31 of 1966).
3. Extension of certain laws to transferred territo ries.- 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 al l rules, regulations,
notifications, orders and bye-laws made, and all di rections or instructions
issued, thereunder, which are in force immediately before the commencement
of this Act, are hereby extended to, and shall be i n force in, the transferred
territories.
4. Construction of certain references.- In the enactments, or rules,
regulations, notifications, orders and bye-laws mad e, and directions, or
instructions issued, thereunder, as referred to in section 3, any reference-
(1) to the law which is not in force in the transf erred 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 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 transferred t erritories any law
corresponding to any of the enactments or rules, re gulations, notifications,
orders and bye-laws made, and directions or instruc tions issued, thereunder,
extended to those territories, by section 3 that la w including the enactments
specified in Schedule-II, shall, on the commencemen t 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, 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, p enalty,
forfeiture or punishment as aforesaid,
THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1976
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and any such investigation, legal proceeding or rem edy 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 ta ken under the
corresponding provision of the enactment extended b y section 3 to the
transferred territories, and shall continue to be in force accordingly, unless and
until superseded by anything done or any action tak en under the enactment so
extended.
6. Powers of courts and other authorities for purpo ses of
facilitating the application of the enactments spec ified 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 instruct ion 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 adopt 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 Gov ernment or of any officer or
authority, exercisable under the enactments specifi ed in Schedule-I, to add,
amend, vary or rescind the rules, regulations, noti fications, orders and bye-
laws made, and directions or instructions issued, a s 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 prov isions 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 be
necessary or expedient for the removal of the difficulty.
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SCHEDULE-I
(See section 3)
Serial Year Number Name of the Act
No. of Act
1 2 3 4
1. 1879 14 The Hackney Carriage Act , 1879.
2. 1956 6 The Code of Civil Procedur e (Himachal
Pradesh Amendment) Act, 1956.
3. 1956 10 The Himachal Prade sh Ferries Act, 1956.
THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1976 4
SCHEDULE-II
(See section 5)
Serial No. Year Number of Act Name of the Act
1 2 3 4
1. 1878 17 The Northern India Ferries Act, 1878.
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