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 Sche dule-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 t he 13 th January
1970 and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary),
dated the 4 th 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 Prades h
immediately before the 1 st November, 1966, to the areas as added
to Himachal Pradesh under section 5 of the Punjab R e-
organisation Act, 1966.
Amended, repealed or otherwise affected by,-
The Himachal Pradesh Adaption of Laws (State and Co ncurrent
Subjects) Order, 1973, published in the Rajpatra, H imachal
Pradesh (Extra-ordinary), dated the 20
th January, 1973, pp. 91-
112.
BE it enacted by the legislative Assembly of Himachal Pradesh in the
Twentieth Year of the Republic of India as follows:-
1. For Statement of Objects and Reasons see the Ra jpatra, Himachal Pradesh (Extra-
ordinary), dated 19 th September, 1969, p. 855. For its Authoritative Hin di Text see
the Rajpatra, Himachal Pradesh (Extra-ordinary), da ted 25 th March, 1994, pp. 429-
434.
2 THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 196 9
1. Short title and commencement.- (1) This Act may be called 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 Pra desh;
(b) "old areas" means the areas as comprised in Hi machal
Pradesh immediately before the 1
st November, 1966;
(c) "schedule" means a Schedule appended to this A ct;
(d) 1[XXXXXXXXXXXXXXXXXXXX] 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 all 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,-
(i) 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
(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 transferred terr itories any law corresponding
to any of the enactments or rules, regulations, not ifications, orders and bye
laws made, and directions of instructions issued, thereunder, extended to those
territories, by section 3, that law including the e nactments 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,-
1. The definition of "State Government" omitted by A. O. 1973.
2. Substituted for "Union Territory of Himachal Pra desh" by A. O., 1973 .
THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 1969 3
(a) the previous operation of any law so repealed or an ything
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,
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 any thing done or any action taken 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 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 Gov ernment or of any officer or
authority, exercisable under the enactments specified in Schedule-I, to add, to
amend, vary or rescind the rules, regulations, notifications, order 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 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 it
to be necessary or expedient for the removal of the difficulty.
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4 THE HIMACHAL PRADESH (EXTENSION OF LAWS) ACT, 196 9
SCHEDULE-I
(See section 3)
Sl. Year Number of Name of the Act
No. the Act
1. 1955 6 The Himachal Pradesh P rivate Forests Act,
1954.
2. 1966 8 The Himachal Prad esh Khadi and Village
Industries Board Act, 1966.
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SCHEDULE-II
(See section 5)
Sl. Year Number of Na me of the Act
No. the Act
1. 1956 40 The Punjab Khadi and Village Industries Board
Act, 1956.
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