The Meghalaya Taxation Laws (Modification) Act, 1972 (Act I of 1973)
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EGHALAYA ACT I OF 1973
THE MEGHALAYA TAXATION LAWS (MODIFICATIONS) ACT, 1972
(As passed by the Assembly)
(Received the assent of the Governor on the 5th January 1973)
[Published in the Gazette of Meghalaya, Extra-ordinary, dated the 9th January,1973]
An
Act
to provide for modification of certain Assam Taxation Laws and for matters connected
therewith or incidental thereto.
Be it enacted by the Legislature of Meghalaya in the Twenty-third Year of the
Republic of India as follows:-
Short title 1. This Act may be called the Meghalaya Taxation
Laws (Modification) Act, 1972.
Definitions. 2. In this Act –
(a) “autonomous State” means the autonomous
State of Meghalaya formed under section 3 of
the Assam Reorganisation (Meghalaya)
Act,1969;
(b) “law” include any enactment, order, bye- law,
rule, notification or other instrument having the
force of law in the whole or any part of the
terrorists comprised within the State of
Meghalaya ; and
(c) “Meghalaya” means the State of Meghalaya
formed under section 5 of the N orth-Eastern
Areas (Re-organisation) Act, 1971.
Central
Act 55
of 1969.
Central
Act 81
of 1971
Modification of
certain Assam Acts
and repeal of the
Order
3. (1) The Laws mentioned in the Scheduled to this
Act with the amendments to which they have been
subjected to before the 21 st day of January,
1972,shall have effect, subject to the adaptation or
modifications directed by that Schedule, or, if it is
so directed shall stand repealed.
(2) The exception and modifications made by the
Central Government under the Assam Taxation
Laws (Meghalaya) Modifications Order, 1979 vide
order G.S.R. 1988, dated the 5 th December, State
shall cease to have effect and the Assam Acts
mentioned in the Sche
duled to this Act with the
amendments to which they have been subjected to
before the 21
st day of January, 1972, shall, without
such exceptions and modifications as made under
the aforesaid Modifications Order, have effect in the
State as made under State of Meghalaya as if the
said Modifications Order had not been made.
General
Adaptation
4. Whenever an expression mentioned in column (1) of
the Table below occurs in any of the laws mentioned
in the Schedule, there shall be substituted therefore
the expression set opposite to it in column (2) of the
Table, ant there shall also be made in any sentence
in which the expression occurs such consequential
amendments as the rules of grammar may require.
TABLE
(1) (2)
Assam (except where it occurs in the
expression “Government of Assam”,
“Governor of Assam”, and “State of
Assam”).
Meghalaya.
Governor of Assam ... Governor of Meghalaya.
Government of Assam ... Government of Meghalaya.
State of Assam ... State of Meghalaya.
Amendment of
titles of Acts
containing the
word “Assam”
5. (1) For the word “Assam” occurring in the titles of any
of the laws mentioned in the Schedule to this Act, the
word “Meghalaya” shall be substituted therefore, and
the year of the Act occurring at the end of the titles shall
be omitted.
(2) References by its short title to any such law as is
referred to in sub- section (1) in any other law shall be
constructed references to such law as amended by that
sub-section
Alteration of
functionaries not to
affect action taken,
etc.
6. The provisions of this Act which have the effect of
modifying any law so as to alter the manner in
which, the authority, or the law under or in
accordance with which, any powers are exercisable,
shall not render invalid any notification, order,
commitment, attachment, bye-law, rule or regulation
duly made or issue, or anything duly done and any
such notification, order, commitment, attachment,
bye-law, rule, regulation or thing may be revoked,
varied or undone in the like manner to the extent and
in the circumstances as if it had been made, issued or
done after the commencement of this Act by the
corresponding , authority and under and in
accordance with the provisions then applicable to
such a case.
Saving of previous
operation of laws.
7. Nothing in this Act shall affect the previous
operation of, or anything duly done, or suffered
under, any law, or any right, privilege, obligation, or
liability already acquired, accrued or incurred under
any such law or any penalty, forfeiture or
punishment incurred in r espect of any offence
already committed against any such law.
Power to
remove
difficulties.
8. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government of
Meghalaya may, by order notified in the official
Gazette, make such provisions or give such
directions as appear to it to be necessary for the
removal of the difficulty.
(2) In particular, and without prejudice to the
generality of the foregoing power, any such notified
order may –
(a) specify the corresponding authoriti es within
the meaning of section 6 ;
(b) provide for the transfer of any matter pending
before any court, tribunal or other authority
to any corresponding court, tribunal or other
authority for disposal.
THE SCHEDULE
(See Section 3)
THE ASSAM SALES TAX ACT, 1947
(Assam Act 17 of 1947)
1. Section 1. – Omit sub-sections (2) and (3)
2. Section 2.- For clause (1A), substitute –
“(1A) ‘Board’ means the Board of Revenue.”
T
HE ASSAM SALES OF PETROLEUM AND PETROLEUM PRODUCTS,
INCLUDING MOTOR SPIRIT AND LUBRICANTS TAXATION ACT, 1955
(Assam Act 9 of 1956)
1. Section 1. – Omit subsections (2) and (3).
2. Section 2. – For clause (1), substitute –
“(1A) ‘Board’ means the Board of Revenue.”
THE ASSAM FINANCE (SALES TAX) ACT, 1956
(Assam Act 11 of 1956)
1. Section 1. – Omit subsections (2) and (3).
2. Section 2. – For clause (1), substitute –
“(1A) ‘Board’ means the Board of Revenue.”
THE ASSAM ELECTRICITY DUTY ACT, 1964
(Assam Act 30 of 1964)
1. Section 1. – Omit subsections (2) and (3).
THE ASSAM PURCHASE TAX ACT, 1967
(Assam Act 19 of 1956)
1. Section 1. – Omit subsections (2) and (3).
2. Section 2. – For clause (1), substitute –
“(1A) ‘Board’ means the Board of Revenue.”
THE ASSAM TAXATION LAWS (MEGHALAYA) MODIFICATION
ORDER ACT, 1970
(Assam Act 19 of 1956)
(Made by the Central Government under GSR 1988, dated 5
th
December, 1970)
This Order shall stand repealed.
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