The Chandernacore ( Assimilation Of Laws ) Act, 1955
West Bengal · state statute
Open in Lexace · Ask the AI about this actWest Bengal Act IV of 1955 THE CHANDERNACORE (ASSIMILATION OF LAWS) ACT, 1955. [Passed by the West Bengal Legistatured [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 21st March, 1955.] An Act to provide for the assimilation of certain laws in force in Chandernagore to the laws in force in the rest of IV eit Bengal. WHEREAS it is expedient to provide for the assimilation of certain laws in force in Chandernagore to the laws in force in the rest of West Bengal; It is hereby enacted in the Sixth Year of the Republic of India, by the Legislature of West Bengal, as f ollows 1. (1) This Act may be called the Chandernagore short (Assimilation of Laws) Act, 1955. title and (2) It shall come into force immediately on the ment. commence. West Ben. Chandernagore (Assimilation of Laws) Ordinance, 1954, Ord. IX of ceasing to operate. 1954. 2. In this Act,— Defini- (a) "appointed day" means the 2nd day of October, twos. 1954; (b) "Chandernagore" means the whole of the territory which immediately before the 9th day of June, 1952 was comprised in the Free town of Chandernagore; (c) "law" means so much of any Act, Ordinance, Regulation, order, rule, scheme, notification, bye-law or any other instrument having the force of law as relates to matters enumerated in List II in the Seventh Schedule to the Consti- tution of India. 3. All laws which immediately before the appointed Extension day extend to, or are in force in, the State of West Bengal of laws to generally shall, as from that day, extend to, or, as the Chander- case may be, come into force in, Chandernagore. nagore. 4. (1) Any law in force in Chandernagore immediately before the appointed day (hereafter in this Act ref erred to as "corresponding law") which corresponds to any law ref erred to in section 3, whether such corresponding law is in force in Chandernagore by virtue of the Chandernagore (Application of Laws) Order, 1950 or 'by virtue of any Reg. I of notification issued under the Chandernagore (Administra- 1952. tion) Regulation, 1952, or otherwise, shall as from that day stand repealed in Chandernagore. Price—Indian, anna 1; English, 2d. Repeal of mftrespon- ding, laws and savh1gs. 2 The Chandernagore (Assimilation of Laws) Act, 1955. Ben. Aot XV of 1932 not to apply to °bander- nagoro. Provision for removal of diffi. oulties. [West Ben. Act (Sections 5, 6.) (2) The repeal by sub-section (1) of any corresponding law shall not affect— (a) the previous operation of any such law; or (b) any right, privilege, obligation, or liability acquired, accrued or incurred under any such law; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law; or (d) any investigation, legal proceeding or remedy in respect of 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 come into force. (3) Subject to the provisions of sub-section (2), anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, form, bye-law or scheme framed, certificate, permit or licence granted, or registration effected) under such corresponding law shall be deemed to have been done or taken under the corresponding provision of the law as extended to, or in force in, Chandernagore by virtue of sec- tion 3 on and from the appointed day and shall continue in force accordingly unless and until superseded by anything done or any action taken under such law. 5. Notwithstanding anything contained in sections 3 and 4, the Bengal Municipal Act, 1932 shall not extend to Chandernagore, and any law in force in Chandernagore immediately before the appointed day which corresponds to that Act, shall, until such law is repealed, continue to apply to, and be in force in, Chandernagore, and any reference to the Bengal Municipal Act, 1932 in any of the laws extended to Chandernagore under section 3 shall be deemed to be a reference to the corresponding law continued in force by this section. 6. (1) If any difficulty arises in relation to the transition from any corresponding law to any law which, by virtue of section 3, shall, as from the appointed day, extend to, or come into force in, Chandernagore, the State Government may, by order notified in the Official Gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty. (2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in relation to the transition from any corresponding law) or in connection Ben. Aot XV of 1932. West Ben. Ord. IX of 1954. The Chandernagore (Assimilation of Laws) Act, 1955. IV of 1955.1 (Section 7.) with the administration of Chandernagore as a part of West Bengal, the State Government may, by order in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient im removing the difficulty. (3) No power under sub-section (1) or sub-section (2) shall be exercised by the State Government after the expiry of three years from the appointed day. (4) Any order made under sub-section (1) or sub-sec- tion (2) may be made so as to be retrospective to any date not earlier than the appointed day. 7. Upon the Chandernagore (Assimilation of Laws) Ordinance, 1954, ceasing to operate, anything whatsoever done or any action whatsoever taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had come into force on the 2nd day of October, 1954. Savings. WBGP-55/6-99A-5M
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