LexThe Himachal Pradesh (Extension of Laws) Act, 1968
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1968
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, 1968
(ACT NO. 25 OF 1969) 1
(Received the assent of the President on the 13 th September, 1969 and
was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 13 th
October, 1969, pp. 883-887, read with corrigendum published in the Rajpatra,
Himachal Pradesh, dated the 6 th June, 1970, p. 397).
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 areas as added to Himachal
Pradesh under section 5 of the Punjab Re-organisation Act, 1966.
Amended, repealed or otherwise affected by,-
H. P. Act 12 of 1973 2, assented to by the Governor on the 22 nd May,
1973, published in the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated the 2nd June, 1973, pp. 813-814).
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated the 28 th November, 1968, p. 1160. For its Authoritative Hindi Text
see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 25 th March, 1994 pp. 422-
428.
2. For Statements of Objects and Reasons, see the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated the 28 th April, 1973, p. 632.
THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1968 2
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Nineteenth 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, 1968.
(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;
(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 Punjab R e-
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 all rules, regulations, notifications,
orders and bye-laws made, and all directions or instructions issued, thereunder,
which are in force 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 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 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 Union Territory 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
1[before] the commencement of
this Act, there is in force in the transferred terr itories any law corresponding to
any of the enactments or rules, regulations, notifi cation, orders and bye-laws
made, and directions or instructions issued thereun der, 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:
1. Substituted and deemed always to have been subst ituted for the word, "after", vide
H.P. Act No. 12 of 1973.
THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 196 8 3
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, 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 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 anything
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 tra nsferred territories of any
enactment specified in Schedule-I or of any rule, regulation, notification, order,
bye-law, direction or instruction referred to in se ction 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 Govern ment or of any officer or
authority, exercisable under the enactments specifi ed in Schedule-I, to add, to
amend, vary or rescind the rules, regulations, notifications, orders and bye-laws
made, and directions or instructions issued, as ext ended 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 o f 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 app ear to it to be necessary or
expedient for the removal of the difficulty.
THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1968 4
SCHEDULE-I
(See section 3)
Serial Year Number Name of the Act
No. of Act
1. 1953 1 The Himachal Prade sh Juveniles (Prevention of
Smoking) Act, 1952.
2. 1955 8 The Himachal Pradesh P revention of Ex-
communication Act, 1955.
3. 1964 4 The Himachal Pradesh D ramatic Performances
Act, 1964.
4. 1964 6 The Himachal Pradesh Village and Small
Towns Patrol Act, 1964.
5. 1964 11 The Himachal Pradesh Corneal Grafting Act
1964.
6. 1966 4 The Himachal Pradesh A natomy Act, 1966.
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SCHEDULE-II
(See section 5)
Serial Year Number Name of the Act
No. of Act
1. 1918 7 The Punjab Juveniles Smoki ng Act, 1918.
2. 1918 8 The Punjab Village and Small Tow ns Patrol Act,
1918.
3 1963 13 The Punjab Corneal Grafting Act, 1963.
4. 1963 14 The Punjab Anatomy Act, 1963 .
5. 1964 10 The Punjab Dramatic Perform ances Act, 1964.
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