LexThe Himachal Pradesh Extension of Laws and Repealing Act, 1981
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH EXTENSION OF LAWS AND
REPEALING ACT 1981
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 the purposes of
facilitating the application of the enactment specified in
Schedule- I or rules, etc.
7. Power to make rules, etc. not be affected.
8. Power to remove difficulties.
SCHEDULE-I.
SCHEDULE-II.
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THE HIMACHAL PRADESH EXTENSION OF LAWS AND
REPEALING ACT 1981
(ACT NO. 10 OF 1981)
1
(Received the assent of the Governor, Himachal Prad esh, on the 11 th
May, 1981 and was published both in Hindi and Engli sh in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated 13 th May, 1981 pp. 351-358).
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 and the repeal of certain enactments in their application
to the State of Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Thirty- second 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 and Repealing Act, 1981.
(2) It shall come into force at once.
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of Objects
and Reasons see the Rajpatra, Himachal Pradesh (Ext ra-ordinary), dated 24 th
March, 1981, pp. 142 and 147.
THE HIMACHAL PRADESH EXTENSION OF LAWS AND REPEALING ACT 1981 2
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
(a) "Official Gazette" means the Rajpatra, Himacha l Pradesh;
(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) "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.
3. Extension of certain laws to transferred territo ries.- The
enactment, as amended from time to time, specified in Schedule-I, which is
applicable to, or is in force in, the old areas and all rules, regulations,
notifications, orders and bye- laws made, and all d irections 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 enactment, or rules,
regulations, notifications, orders and bye- laws ma de, and directions, or
instructions issued, thereunder, as referred to in section 3, and reference-
(1) to the law which is not in force in the transf erred territories
shall, in relation to such territories, be construe d as a
reference to the corresponding law, if any, in forc e 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 the enactment or any of the rules, regulations, notifications,
orders and bye-laws made, and directions or instruc tions issued, thereunder,
extended to those territories by section 3 that law including the enactments
specified in Schedule- II, shall, on the commenceme nt 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
THE HIMACHAL PRADESH EXTENSION OF LAWS AND REPEALING ACT 1981 3
any offence committed against any law so repealed, or
(d) any investigation, legal proceedings or remedy in respect
of any such right, privilege, obligation, liability , penalty,
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 of ta ken under the
corresponding provisions 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 tak en under the enactment so
extended.
6. Powers of courts and other authorities for the p urposes of
facilitating the application of the enactment speci fied in Schedule-I or
rules, etc.- For the purposes of facilitating the application in the transferred
territories of the 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 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 enactment specified 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 the 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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SCHEDULE- I
(See section 3)
Serial Year Number Name of the Act
No. of Act
1. 2. 3. 4.
1 1953 7 The Himachal Pradesh Compulsory Primary
Education Act, 1953
THE HIMACHAL PRADESH EXTENSION OF LAWS AND REPEALING ACT 1981 4
SCHEDULE- II
(See section 6)
Serial
No
Year. Number
of Act.
Name of the Act
1. 2. 3. 4.
1 1825 11 The Bengal Alluvion and Diluvion Regulati on,
1825, as in force in the transferred territories.
2. 1920 1. The Punjab Limitation (Custom) Act, 1920 as in
force in the transferred territories.
3. 1920 1 The Punjab Limitation (Custom) Act, 1920, as
applied to the erstwhile princely State of Bilaspur.
4. 1931 2 The Punjab Municipal (Executive Officers) Act,
1931, as in force in the transferred territories
5. 1938 9 The Punjab Debtor's Protection (Amendment )
Act, 1938, as in force in the transferred territories.
6. 1941 5 The Punjab Jagirs Act, 1941, as in force in the
transferred territories
7. 1941 14 The East Punjab Electricity (Emergency P owers)
Act, 1941, as in force in the transferred territories.
8. 1948 11 The East Punjab Molasses (Control) Act, 1948, as
in force in the transferred territories.
9. 1948 11 The East Punjab Molasses (Control) Act, 1948, as
extended to the old areas by the Government of
India, Ministry of Home Affairs notification No.
F- 4- 7/61-Jud-II dated the 16
th June, 1962.
10. 1949 30 The East Punjab Drugs Control Act, 1948 , as in
force in the transferred territories.
11. 2008
BK
1 The Pepsu Court of Wards Act, 2008 BK, as in
force in the areas which previously comprised in
the erstwhile princely State of PEPSU, and as
now stands added to Himachal Pradesh under
section 5 of the Punjab Re-organisation Act,
1966.
12. 1956 38 The Punjab Special Powers (Press) Act, 1956, as
in force in the transferred territories.
13. 1957 18 The Punjab Court of Wards (Validation o f
Exercise of Powers) Act, 1957, as in force in the
transferred territories.
14. 1960 39 The Punjab Primary Education Act, 1960 as in
force in the transferred territories.
THE HIMACHAL PRADESH EXTENSION OF LAWS AND REPEALING ACT 1981 5
15. 1963 38 The Punjab State Faculty of Ayurvedic a nd Unani
System of Medicines Act, 1963, as in force in the
transferred territories.
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