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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 19] NEW DELHI, THURSDAY, JULY 18, 1963/ASADHA 27, 1885

MINISTRY OF LAW

(Legislative Department) New Delhi, the 18th July, 1963/Asadha 27, 1885 (Saka)

THE DADRA AND NAGAR HAVELI (LAWS) REGULATION, 1963

No. 6 OF 1963

Promulgated by the President in the Fourteenth Year of the Republic of India.

A Regulation to extend certain laws to the Union territory of Dadra and Nagar Haveli.

In exercise of the powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him: —

1. (1) This Regulation may be called the Dadra and Nagar Haveli (Laws) Regulation, 1963.

Short title

and com-

mencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Extension

and amend-

ment of cer-

tain laws

2. As from the commencement of this Regulation, the Acts and Ordinances mentioned in the First Schedule, as they are generally in force in the territories to which they extend, shall extend to, and be in force in, the Union territory of Dadra and Nagar Haveli subject to the modifications, if any, specified in that Schedule:

Provided that each of the following Acts shall come into force in the said Union territory only on such date as the Administrator of the Union territory may, by notification in the Official Gazette, appoint for that Act, namely: —

1. The Police Act, 1861 (5 of 1861). 2. The Indian Christian Marriage Act, 1872 (15 of 1872). 3. The Lepers Act, 1898 (3 of 1898).

(239)

G of I Ex—1.

4. The Mussalman Wakf Validating Act, 1913 (6 of 1913). 5. The Indian Forest Act, 1927 (16 of 1927). 6. The Mussalman Wakf Validating Act, 1930 (32 of 1930). 7. The Criminal Law Amendment Act, 1938 (20 of 1938). 8. The Drugs Act, 1940 (23 of 1940). 9. The Wakf Act, 1954 (29 of 1954).

10. The Probation of Offenders Act, 1958 (20 of 1958). 11. The Prevention of Cruelty to Animals Act, 1960 (59 of •\MM\\

Repeal and saving.

3. (2) All laws in force Immediately before the 11th day of August, 1961, in Free Dadra and Nagar Haveli, other than the laws referred to in sub-section (3), shall, as from the commencement of this Regulation, stand repealed:

Provided that if there is any law corresponding to any Act referred to in the proviso to section 2, such corresponding law shall stand repealed as from the coming into force of that Act.

(2) Nothing in sub-section (1) shall affect—

(a) the previous operation of any law so repealed or any- thing 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 reppect of any such right, privilege, obligation, liability, penalty, forfei- ture 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 Regulation had not been made :

Provided that anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or scheme framed, certificate obtained, patent, permit or licence granted, or registration effected) under any such law shall be deemed to have been done or taken under the corres- ponding provision of the Act or Ordinance extended to the Union territory of Dadra and Nagar Haveli by this Regulation and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act or Ordinance.

(3) The laws specified in the Second Schedule and the following laws made by the Administrator of Free Dadra and Nagar Haveli, namely: —

(i) the Abkari Act of 1956 of the Nagar Haveli Liberated Areas, and

(ii) the Free Dadra and Nagar Haveli Tenancy and Agricul- tural Lands Ordinance, 1961,

Ord. 2 oi 1961.

shall continue in force until repealed or amended by law.

4. All rules, notifications, orders, regulations and bye-laws made •

Extension of rules, ordm, etc.j under certain laws.

or issued by the Central Government under the provisions of any Act or Ordinance specified in the First Schedule generally for the territories to which such Act or Ordinance extends shall, as from the date of coming into force of such provisions In the Union territory of Dadra and Nagar Haveli, extend to and come into force in that Union territory.

Rules of construction.

5. (1) In any Act or Ordinance specified in the First Schedule or in any rule, notification, order, regulation or bye-law made or issued thereunder and extended to the Union territory of Dadra and Nagar Haveli by this Regulation,—

(o) any reference to any provision of law not in force, or to any functionary not in existence in the Union territory of Dadra and Nagar Haveli shall be construed as a reference to the corres- ponding law, if any, or the corresponding functionary, if any, in existence in that Union territory:

Provided that—

(i) if any question arises as to who such corresponding functionary is, or

(ii) if there is no such corresponding functionary,

the Administrator of that Union territory shall decide as to who such functionary will be and his decision shall be final;

(b) any reference to the State Government shall, save as otherwise directed in the First Schedule, be construed as a reference to the Central Government and also as including a reference to the said Administrator.

(2) Where by any Act specified in the First Schedule, a power is conferred to make rules, regulations or bye-laws, or to issue orders with respect to the application of the Act, or with respect to the establishment of any Court or office or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the Act, then that power may be exercised at any time after the passing of this Regulation; but rules, regulations, bye-laws or orders so made or issued shall not take effect till the commencement of the Act in the Union territory of Dadra and Nagar Haveli.

(3) For the purpose of facilitating the application in relation to the Union territory of Dadra and Nagar Haveli of any Act or any rule, notification, order, regulation or bye-law made or issued thereunder, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

Power tc remove diffi- culties.

) 6. If any difficulty arises in giving effect in the Union territory of Dadra and Nagar Haveli to the provisions of any Act or Ordinance extended by this Regulation to that Union territory, the Central Government rnay, by order in the Official Gazette, make such provi- sions or give such directions as appear to it to be necessary for the removal of the difficulty, and any such order may provide for the transfer of any matter pending before any court, tribunal or other authority immediately before the commencement of this Regulation to any corresponding court, tribunal or authority for disposal.

THE FIRST SCHEDULE

(See section 2)

No. 2

Year i

Short t uk

3

Modifications 4

21

1850

The Caatc Disabilities Removal

Act, 1850.

12 The Legal Repveseifta'ives' Suits

1855

Act, 1S5.'.

1856

The Hindu Widows' Remarriage

15

Act, 1856.

21

i860

The Societies Registration Act, i860

i860

The Indian Penal Code

45

1861

The Police Act,i86i

5

1863

20 The Religious Endowments Act,

1863.

The Carriers Act, 1865

1365

3

21

1866

The Converts' Marriage Dissolu-

tion Act, 1866.

1867

The Press and Registration of

25

Books Act, 1867,

The Court-fees Act, 1870

1870

7

i The Cattle-trespass Act, 1871

1871

The Pensions Act, 1871

1871

23

1 The Indian Evidence Act, 1872

1872

1873

Tht- Government Savings Batiks

5

Act, 1873.

it, Th- Indian Oaths Act, 1H73

1873

In sub-section (3) of section The Married Women'6 Property

3

1874

6—

Act, 1874.

(1) in clause (a), aud uL the

end :—

"or

(

(2) in cluuse (6), aficr Uic words "any territory", insert "other than the Uaion territory of D.idra and Na^ar Havt'Ii,";

(3) after clause (i), insert^

"(it) by a Baddhiir in the Union terntory cf Dadra aaJ N-igar Haveli, on or after the commencement of the DaJra and Nagar Haveli (Laws) Regulation 1963,";

(4) in the proviso, add at the

end—

" or

(m) before the commence- ment of the Dadra and Nagar Haveli (Laws) Re- gulation, 1963, in any case to which sub-clause Civ) of clause (a) or clause (c) applies.".

The Foreign Recruiting Act, 1874

1874 4

The Indian Majority Act, 1875

9

1875

The Indian Law Reports Act,

18

1875

1875-

1

1877

The Specific Relief Act, 1877

6 The Indian Treasure-trove Act,

1878

1878.

26

1881

The Negotiable Instruments Actj

1881.

2 The Indian Trusts Act, 1882

1882

The Transfer of Property Act,

Ai882

4

1882.

The Powers-of-Attorney Act,

1882 ' 7

1882.

The Indian Explosives Act, 18S4

1884

4

The Indian Telegraph Act, 1885

1885

13

6 The Births, Deaths and Marriages

1886

Registration Act, 1886.J

In section 32, after the words and figures "at any time before the first day of April, 1891", insert "or in the case of the Union territory of Dadra and Nagar Havel), before such date as may be specified by notification by the Central Government,".

The Suits Valuation Act, 1887

1887

7

The Provincial Small Cause Courts

1887

9

Act, 1887.

The Police Act, 1888

I8i8

3

The Indian Reserve Forcci Act,

188S

4

1888.

1 The Metal Tokens Act, 1889

1889

1 The Revenue Recovery Act, 1890

1890

The Charitable Endowments Act,

6

1890

1890.

8 The Guardians and Wards Act,

1890

1890.

The Indian Railways Act, 1890

i8;o

9

2 The Marriages' Validation Act,

1892

1892.

The Partition Act, 1893

4

1893

1 The Land Acquisition Act, 1894

1894

The Prisons Act, 1894

9

1894

10 The Indian Railway Companies

1895

Act, 1895.

Year

No.

Modifications

Short title

2.

I

3

4

The Epidemic Diseases Act, 1897

1897

3

10 The General Clauses Act, 1897

1897

1S9S

The Lepers Act, 1898

3

1898

The Code of Criminal Procedure,

5

1898.

6

1898

The Indian Post Office Act, 1898

2

1899

The Indian Stamp Act, 1899

In sub-section (1) of section 57J omit "and" at the end of clause (d) and after clause ("), insert-—

"(/) if it arises in the Union territory of Dadra and Nagar Haveli, to the High Court at Bombay.".

In Schedule I, omit entry 30.

1900

The Prisoners Act, 1900

3

1

1901

The Indian Tolls (Army and Air

Force) Act, 1901.

1903

The Indian Foreign Marriage Act,

14

1903.

1905

The Indian Railway Board Act,

4

I9°5-

1906

The Indian Coinage Act, 1906

3

1908

The Code of Civil Procedure, 1908

5

6

1908

The Explosive Substances Act,

1908.

1908

The Indian Limitation Act, 1908

9

16

1908

The Indian Registration Act,

1908.

1909

The Anand Marriage Act, 1909

7

1910

The Indian Electricity Act, 1910

9

2

1911

The Indian Patents and Designs

Act, 1911.

In section 2, clause (7), omit "and" at the end of sub- clause (d) and after sub- clause ("), insert—

"(/) in relation to the Union territory of Dadra and Nagar Haveli, the High Court at Bombay,".

Year No.

Short title

Modifications

i

2

3

4

The Indian Lunacy Act, 1912

1912

4

2

1913

The Official Trustees Acl, 1913 In section 2, clause (J), omit "and'¹ at the end of sub- clause (d) and after siib- clause (e), insert—

"(f) in relation to the Union territory of Dadra and Nagar Haveli, the High Court at Bombay.".

1913

The Administrator General's Act,

3

1913.

In section 2, clause (12), omit "and" at the cud of sub- clause (d) and after aub- clause (e), insert—

'"(/) in relation to the Union territory of Dadra and Nagar Haveli, the High Court at Bombay.".

6 The Mussalman Wakf Validating

1913

Act, 1913.

Thr DcstrucLive Insects and Pests

2

1914

Act, 1914.

1916

The Hindu Disposition of Pro-

15

peny Act, iyi6.

18 The Post Office Cash Certificates

1917

Act, 1917.

12 The Poisons Act, 1919

1919

The Provincial Insolvency Act,

1920

5

. 1920.

The Charitable and Religious

1920

14

Trusts Act, 1920.

1920

The Indian Passport Act, 1920

34

18 The Maintenance Orders Enforce-

1921

ment Actj 1921.

The Indian Boilers Act, 1923

1923

5

The Workmen's Compensation

8

1923

Act, 1923.

The Indian Official Secrets Act,

19

1923

1923.

The Central Board of Revenue Act,

1924 4

1924.

1925

The Provident Funds Act, 1925

19

The Indian Succession Act, 1925

1925

39

1927

16 The Indian Forest Act, 1927

12 The Hindu Inheritance (Removal

192*

of Disabilities) Act, 1928.

The Child Marriage Restraint Act

1929.

2

1930

The Dangerous Drugs Act, 1930

1930

The Indian Sale of Goods Act,

3

1930.

30 The Hindu Gains of Learning Act,

1930.

1930

32 The Mussalman Wakf Validating

Act, 1930.

16 The Provisional Collection of

Taxes Act, 1931.

In section i, for sub-section The Indian Partnership Act, 1932

9

(3), substitute—

"(3) It shall come into force at once except section 69, which shall come Into force on the 1 lit day of July, 1964."

2

i"33

The Children (Pledging of Labour)

Act, 1933.

i"33

17 The Indian Wireless Telegraphy

Act, 1933.

2 The Reserve Bank of India Act,

1934

I934-

In the First Schedule, in para- graph 1, for "Maharashtra and Goa, Daman and Diu", substitute "and Maharashtra and tho Union territories of Dadra and Nagar Haveli and Goa, Daman and Diu,".

20 The Indian Carriage by Air Act,

1934

1934.

22

1934

The Aircraft Act, 1934

330 G of I Ex—2.

¹

2

3

4

1936

The Parsi Marriage and Divorce

3

Act, 1936.

1936

The Payment of Wages Act, 1936

4

1936

The Decrees and Orders Validating

5

Act, 1936.

1937

1937

19

26

1938

4

1938

5 20

1938

1938

24 1938

26 1939

4

VTTJ" J N rl *

8 1939

16 1939

1940

4

10

1940

1940

?3

6

1942

1942

7

18

1942

1942

4i

flte.il *H$ 6ASSBTM 6tf INDIA E&rftAoRDifrAAY 445Year Short title Modification* No. 1 3 3 4

1946

The Delhi Special Police Estab-

lishment Act, 1946.

1946

The Foreigners Act, 1946

3i

2 The Prevention of Corruption Act,

1947

1947-

The Foreign Exchange Regulation

1947

7

Act, 1947.

The Armed Forces (Emergency

15

1947

Duties) Act, 1947.

18 The Imports and Exports (Con-

1947

trol) Act, 1947.

The Rubber Act, 1947

1947

24

The Antiquities (Export Control)

1947

3i

Act, 1947.

48 The Indian Nursing Council Act,

1947

1947.

1948

8 The Pharmacy Act, 1948

11 The Minimum Wages Act, 1948

1948

1948

The Industrial Finance Corpora-

15

tion Act, 1948.

1948

The Dentists Act, 1948

16

1948

The National Cadet CorpB Act,

3i

1948.

1948

40 The Indian Matrimonial Causes (War Marringes) Acl, 1948.

1948

46 The Coal Mines Provident Fund and Bonus Schemes Act, 1948.

1948

The Electricity (Supply) Act, 1948

54

1948

The Territorial Army Act, 1948

56

61 The Central Silk Board Act,

1948

1948.

1948

The Factories Act, 1948

63

10 The Banking Companies Act,

1949

1949.

1949

46 The Banking Companies (Legal Practitioners' Clients' Accounts) Act, 1949. •1950 The Preventive Detention Act, 4 1950.

3 50 -l-tlUl (jA&JSXTJ!; UF JUN1JUA KXXitAURDINARY IFAJW 11Year No. Short title Modifications 1 2 3 4 12

1950

The Emblems and Names (Preven- tion uf Improper Use) Act, 1950.

1950

29 The Transfer of Prisoners Act,

1950.

1950

4* The Army and Air Force (Disposal of Private Property) Act, 1950.

The Representation of the People

195°        43
                     Act,  1950.
1950        45     The  Air  Force  Act, 1950
195°        46     The  Army  Act, 1950

1950

The Contingency Fund of India

49

Act, 1950,

The Telegraph Wires (Unlawful

74

1950

Possession) Act, 1950.

The Representation of the People

1951

43

Act, 1951.

The State Financial Corporations

63

i"5i

Act, 1951.

The Industries (Development and

1951

65

Regulation) Act, 1951.

The Employees' Provident Funds

19

1953

Act, 1952.

30 The Requisitioning and Aoquiil-

1952

tion of Immovable Property Act, 1952-

3i

I95a

The Presidential and Vice-Presi- dential Elections Act, 1952.

1952

3<5 The Indian Standards Institution (Certification Marks) Act, 1952.

The Cinematograph Act, 1952

37

*952

46 The Criminal J^aw Amendment

1952

Act, 1952.

The Notaries Act, 1952

1953

53

60

1952

The Commisiions of Inquiry Act,

195a.

62 The Reserve and Auxiliary Air

1952

Forces Act, 1952.

1952

The Forward Contracts (Regula-

74

tion) Act, 1952.

Sic. l] Trf£ GA&$T'te Of INDIA feStfaAokDittAilV i5iShort title Modifications N o. Year i

2

3

4

21

1954

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.

27

1954

The Delivery of Books and News- papers (Public Libraries) Act, 1954.

The Waki Act, 1954

29

1954

The Prevention of Food Adultera-

1954

37

tion Act, 1954.

The Special Marriage Act, 1954

1954

43

The Essential Commodities Act,

10

1955

I955-

22 The Untouchability (Offences)

1955

Act, 1955.

The State Bank of India Act,

23

1955

1955.

The Hindu Marriage Act, 1955

25

1955

The Prize Competitions Act, 1955

43

1955

The Railway Stores (Unlawful

5i

1955

Possession) Act, 1955.

The Companies Act, 1956

1

1956

The Hindu Succession Act, 1956

1956

3o

The Life Insurance Corporation

1956

3i

Act, 1956.

The Hindu Minority and Guardi-

32

1956

anship Act, 1956.

The Inter-State Water Disputes

33

1956

Acl, 1956.

The Securities Contracts (Regula-

1956

42

tion) Act, 1956.

The National Highways Act, 1956

48

1956

The River Boards Act, 1956

49

1956

The Terminal Tax on Railway

1956

69

Passengers Act, 1956.

The Hindu Adoptions and Main-

78

1956

tenance Act, 1956.

The Young Persons (Harmful

1956

93

Publications) Acl, 1956.

i$2 TEE 6A2firTf! 6F itit&lA EXfRAbRDltf AAtf t iW flShort title Year No. Modifications I

2

3

4

104

1956

The Suppression of Immoral Tra- ffic in Women and Girls Act, 1956-

The Copyright Act, 1957

14

1957

The Railway Protection Force

23

1957

Act, 1957.

58

1957

The Additional Duties of Excise (Goods of Special Importance) Act, 1957.

The Navy Act, 1957

62

1957

67

1957

The Mines and Minerals (Regula- tion and Development) Act, 1957.

The Probation of Offenders Act,

20

1958

1958.

The Rice-Milling Industry (Regu-

21

1958

lation) Act, 1958.

1958

34

The Ancient Monuments and Archteological Sites and Re- mains Act, 1958.

1958

27

The Mineral Oils (Additional Duties of Excise and Customs) Act, 1958.

1958

32 The Public Premises (Eviction of Unauthorised Occupants) Act, 1958.

The Trade and Merchandise Marks

1958

43

Act, 1958,

The Parliament (Prevention of Dis-

10

1959

qualification) Act, 1959.

The State Bank of India (Subsi-

38

1959

diary Banks) Act, 1959.

1959        46     Tho  Government  Savings  Certi-
                     ficates  Act,  1959.
1959        54     The  Arms  Act,  1959

The Hindu Marriages (Validation

i960

19

of Proceedings) Act, i960.

The Prevention of Cruelty to Ani-

i960

59

mals ACL, i960.

The Criminal Law Amendment

1961

23

Act, 1961.

STATE ACTS

BOMBAY ACT

1906

2 The Mimlatdars' Courts Act, T906, as In force In the St^te of Maha- rashtra.

Throughout the Act, for "State Government", substitute ' 'Administrator of Dadra and Nagar Haveli".

In section 1, for sub-sections (3) and 0)> substitute—

"(a) It extends to the whole of the Union territory of Dadra and Nagar Haveli.

(j) It shall come into force at

once.".

Omit section 2.

In section 3, for clause (*ad)s

substitute—

'0*0 "Collector" Include* any officer specially appoin- ted by the Administrator of Dadra and Nagar Haveli to perform the functions of a Collector under this Act;¹.

In section 23, omit sub-sec- tion (2A) and the words "Assistant Collector, De- puty Collector or Assistant Commissioner^ occurring in sub-section (3).

Omit section 27,

GUJARAT ACT

The Gujarat Co-operative Socie-

1962

10

(0 Throughout the Act, un- less otherwise directed—

ties Act, 1961.

(a) for the words "State Government", substitute "Administrator"}

(6) for the words "State of Gujarat", substitute "Union territory of Dadra and Nagar Haveli";

(c) for the word "State" (except where it occurs in the expression YState Gov- ernment" and except in Chapter V and section 163), substitute "Union terri- tory".

(it) In section 2—

(a) clause (/) shall be r"-

numbered as clause Qra) and before the clause as so re-numbered Insert— fj

•Qr) "Administrator" means the Administrator of the Union territory of Dadra and Nagar Haveli;';

(b) for clause (ri), substitute— '(n) "Land Revenue Code" means Organi- zacao Agraria for Nagar Haveli In force In the Union territory of Dadra and Nagar Haveli im- mediately before the commencement of this Act therein; ';

(e) omit clauses (22) and (33).

(tit) In sub-section (l) of sec- tion 14, for "State Co- operative Council", sub- stitute "Administrator".

(iv) In sections 22 GO (d) and 43, for "State Government"3 substitute "Central Govern- ment".

(u) In section 49, for clause (g) of sub-section (1), sub- stitute—

"(g) the Record of Rights re- lating to the land shall include tho particulars of every charge on land or incerest created under a declaration under clause (fi) or clause Q>)".

(pi) In Chapter V and in its- tion 8Oj for the words "State Government", wherever they occur3 substitute "Cen- tral Government".

(vii) In section 66, in sub-sec- tion (2), omit the words 'to contribution to the educa- tional fund of such federal co-operative society as the State Government may Ly notification in the Official Gazette bpecify as "the Gujarat State Co-operative Union" to the payment of rebate on the basis of support received from members and persons who arc not mem- bers to its business and nub- Ject to the prescribed condi- tions to pijment of hono- raria,*.

(.viii) Omit section 69.

(ix) In section 70, omit the wordB and figures vand for the educational fund as provided in section 69," and for clauses (a) and (0), substitute the words "of the Administrator of Dadra and Nigar Haveli",

(x) In section 71, in "ub-"ec- tion (3), for the words ''State Co-operative Council", substitute "Administrator".

(xt) In section 81, for the word "ajministrator" or "ad- ministrators" wherever it occurs, substitute "Special Officer" or "Special Offi- cers", as the case may be.

(*"';) In section 90, in sub-sec- tion (I), for the words "Consolidated Fund of the State", substitute "Consoli- dated Fund of India".

(xiii) In section 102, for the word "Tribunal", substitute "Administrator".

(xiv) In the proviso to scclion 103 and in section 105, for the words "the Collector", wherever they occur, sub- stitute "the Mamlatdar".

(xv) (a) In sub-section Or) of section 106, omit the words and figures *'as defined under the Bombay Agriculjxiral Debtors Relief Act, 1947.";

(6) for sub-scc:ion (4), sub-

stitute—

"(4) Until the arrears due to the society together with interest and any incidental charges incurred in the recovery of such arrears arc paid, or security for payment of such arrears is furnished to the satisfac- tion of the Registrar, it shall be lawful for the Mamlatdar and the Re- gistrar to take the following precautionary measures, namely :—

330 G of I Ex—3,

(:') to prevent the crop being removed from the land;

(if) (a) to roquire that the crop grownE on any land liable to the pay- ment of arrears due to the society shall not be reaped until a notice in writing is given to the Mamlatdar or the Re- gistrar, aa the case may be, in this behalf, with an acknowledgment of its receipt;

(b) to direct that no such crop shall be removed from the land on which it has been reaped or from any place in which it may have been de- posited without the written permission of the Mamlatdar or the Re- gistrar;

(c) to cause watchmen to be placed for any such crop to prevent the unlawful reaping or removal of the same, and to realise the amount re- quired for the remunera- tion of the said watch- men at ouch rate not ex- ceeding the rate of pay received by such watch- men as an arrear of land revenue due in respect of the land to which such crop belongs.

Cj) The Mamlatdnr's or Registrar's orders under sub-clause (a) or C6) of clause (ii) of sub-sectiom (4) may be issued generally or in individual cases. If the order be general, it shall be made known by public proclamation to be made by beat of drum in the village and by affixing a copy of the order in the Patclad or some other pub- He building in the village. If it be to individual holders, a notice thereof shall be served on each holder concerned.

_ 1

&& ij *Hfi aA&srM 6tf iN&lA ESfr^AofiDiKAftY $5?

(tf) Any person who shal' disobey any such order after the same has been so proclaimed, or a notice thereof has been Berved upon him, or who shall within the meaning of the Indian Penal Code, abet the disobedience of any such order, ihall be liable, on conviction after ft summary inquiry before the Mamlat- dar, to a fine not exceed- ing double the amount of land reivcnuc due on the land to which the crop be- longs in respect of which the offence is committed.

(7) The Mamlatdar or Re- gistrar, as the case may be, ahall not defer the reaping* of the crop, not prolong its deposit unduly, so as to damage the produce, and If within two months after the crop has been de- posited the duci have not been discharged, he shall either release the crop and proceed to realise the re- venue In any other manner authorised or take such portion thereof as he may deem fit for sale and release the rest.".

(xvi) In section 115, in the proviso, omit clause (i), '

(xvii) Omit sections ri6 to 145 and sections 150 to 152.

(xviit) In section 153, in sub- section (j), for the word "Tribunol", wherever It occurs, substitute "Admini- strator".

(xix) In section 155, omit the words, brackets and figures "oxcept those referred to in sub-section (p) of section 150,".

(xx) Omit section 156.

(x*0 In section 160, for the words VState Co-operative Council", substitute "Ad- ministrator'i'.

i

2

3

4

(x*if) In section 162, in claui (6), omit the words "or t< any panchayat constitute under any law relatin to panchayats for the titn being in force¹'.

(xxiii) In section 163—

(a) in sub-section (1), for th words "in any other State" subsLitute "elsewhere ii India";

(i) in sub-section (3), for th words "in any other State' substitute ''elsewhere lr India" and for the word "Registrar of the State' substitute "Registrar of th State or Union territory".

(xxiv) In section 164, for th words "an administrator' substitute 'fSpecial Officer' and omit 'the words ''and a members of the Tribunal".

(xxv) In section 168, omit sub

sections (4) and (.5).

(xxwi) Omit section 169.

THE PONDICHERRY (LAWS) REGULATION, 1963

No. 7 OF 1963

Promulgated by the President in the Fourteenth Year of the Republic of India.

A Regulation to extend certain laws to the Union territory of Pondicherry.

In exercise of the powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him; —

1. (I) This Regulation may be called Jhe Pondicherry (Laws)

Regulation, 1963.

Short title and com- mence- ment.

(2) It shall come into force at once,

2. In this Regulation, unless the context otherwise requires,—

Definitions.

(a) "Act" means an Act or Ordinance specified in the First

Schedule;

(b) "Chief Commissioner" means the Administrator of

Pondicherry;

(c) "Pondicherry" means the Union territory of Pondicherry.

3. The Acts, as they are generally in force in the territories to which they extend, shall extend to. and come into force in, Pondicherry on the 1st day of October, 1963, subject to the modifications, if any, specified in the First Schedule.

Extension with amend- ments of certain laws to Pondi- cherry and their com- mence- ment therein.

Repeal and saving.

4. (1) Any law in force in Pondicherry or any area thereof corres- ponding to any Act referred to in section 3 shall stand repealed as from the coming into force of such Act in Pondicherry; and all the laws specified in the Second Schedule are hereby repealed.

(2) Nothing in sub-section (1) shall affect-

fa) the previous operation of any law so repealed or any-

thing 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 Regulation had not been made:

Provided that anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or scheme framed, certificate obtained, patent, permit or licence granted, or registration effected) under any such law shall be deemed to have been done or taken under the corres- ponding provision of the Act extended to Pondicherry by this Regulation and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act.

(3) Any law in force in Pondicherry, corresponding to each of the following Acts, namely: —

4 of 1925.

(i) The Indian Soldiers (Litigation) Act, 1925,

16 of 1939.

(ii) The Registration of Foreigners Act, 1939,

31 ol 1948.

(in) The Foreigners Act, 1946,

74 of 1952.

('iu) The Forward Contracts (Regulation) Act, 1952,

74 of 1956.

(v) The Central Sales Tax Act, 1956,

shall be deemed to have been repealed with effect from the date of extension of that Act to Pondicherry except as respects things done or omitted to be done thereunder before such repeal.

Extension of rules, orders, etc. under cer tain laws.

5. (1) All rules, notifications, orders, regulations and bye-tews made or issued by the Central Government under the provisions of any Act generally for the territories to which such Act extends shall, as from the commencement of the provisions of such Act in Pondi- cherry, extend to, and come into force in, Pondicherry.

(2) Notwithstanding anything contained in sub-section (1), no rules, notifications, orders, regulations and bye-laws made or issued by the Central Government under the follo*wing Acts, namely: —

(i) The Indian Explosives Act, 1884,

4 of 1884.

(ii) The Petroleum Act, 1934,

30 of 1934.

20 of 1962.

(iii) The Inflammable Substances Act, 1952,

shall extend to, and come into force in, Pondicherry unless the Central Government, by notification in the Official Gazette, otherwise directs.

Rules of construc- tion.

6. (1) In any Act or in any of the rules, notifications, orders, regu- lations and bye-laws made or issued thereunder and extended to Pondicherry by this Regulation,—

(a) any reference to any provision of law not in force, or to any functionary not in existence, in Pondicherry shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that Union territory:

Provided that—

(i) if any question arises as to who such corresponding functionary is, or

(ii) if there is no such corresponding functionary,

the Chief Commissioner shall decide as to who such functionary will be and his decision shall be final;

(b) any reference to the State Government shall be construed as a reference to the Central Government and also as including a reference to the Chief Commissioner.

(2) Where by any Act a power is conferred to make rules, regula- tions or bye-laws, or to issue orders with respect to the application of the Act, or with respect to the establishment of any court or office or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the Act, then that power may be exercised at any time after the making of this Regulation; but rules, regulations, bye-laws or orders so made or issued shall not take effect till the commencement of the Act, in Pondicherry.

(3) For the purpose of facilitating the application in relation to Pondicherry of any Act or any rule, notification, order, regulation or bye-law made or issued thereunder, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt, it to the matter before the court or other authority.

Power to remove difficulties, 7. If any difficulty arises in giving effect in Pondicherry to the provisions of any Act extended by this Regulation to that Union territory, the Central Government may, by order in the Official Gazette, make such provisions or give such directions as appear to it to be necessary for the removal of the difficulty, and any such order may provide for the transfer of any matter pending before any court, tribunal or other authority immediately before the commencement of such Act to any corresponding court, tribunal or authority for disposal.

Amend- ment of Act 2 of 1934.

8. In the Reserve Bank of India Act, 1934, in paragraph 4 oi the First Schedule, for the words "Union territory of the Laccadive, Minicoy and Amindivi Islands", the words "Union territories of Pondicherry and the Laccadive, Minicoy and Amindivi Islands" shall be substituted.

THE FIRST SCHEDULE ( See section i )

Modifications

Short title

No.

Year

2

3

i

4

T h; Coasting-Vessels Act, 1838

1838

19

The Societies Registration Act, i860

i860          21
i860          45     The  Indian  Penal  Code
1861            5    The  Police Act,  1861

The Press and Registration of Books

1867

25

Act, 1867.

The Cattle-treBpaas Act, 1871

1

1871

The Indian Evidence Act, 1872

1

1872

Ths Government Savings Banks

5

1873

Act, 1873.

The Foreign Recruiting Act, 1874

4

1874

1 The Opium Act, 1878

1878

The Indian Treasure-trove Act, 1878

6

1878

2 The Indian Trusts Act, 1882

1882

Tho Indian Explosives Act, 1884

1884

4

11 The Indian Tramways Act, 1886

18SS

The Police Act, 1888

1888

3

T h; Indian Reserve Forces Act, 1888

1888

4

1 The Metal Tokens Act, 1889

1889

6 The Charitable Endowments Act,

1890

1890.

The Indian Railways Act, 1890

9

1890

1 The Land Acquisition Act, 1894

1894

10 The Indian Riilway Companies Act,

1895

1895.

The Indian Fisheries Act, 1897

1897

410 The General Clauses Act, 1897 1897 The Lepers Act, 1898 1898 3

*•*!. 1] tM aA^lCtT* Of INDIA-EXtfRAOftDlft Aft Y ^Modifications 1 Short title No. Year 2 i 3 4 The Code of Criminal Procedure,

1898

5

T898.

The Livc-istock Importation Act,

1898

9

189S.

The Indian Tolls (Army and Air

2

1901

Force) Act, 1901.

The Indian Tramways Act, 1902

190a

' 4

The Indian Works of Defenc* Act,

7

1903

1903.

The Ancient Monuments PrcBcrv"-

1904

7

tion Act, 1904.

The Indian Railway Board Act,

1905

4

1905.

The Explosive Substance* Act; 1908

6

190I

The Indian Criminal Law Amend-

1908

14

ment Act, 190S.

The Indian Ports Act, 1908

1908

15

Th" Indian Patents and Designs

2

1911

Act, 1911.

In  section  2,  claudt  (?),
  insert   the   following
  •ub-clause     at     th*
  end—
 "•(£)  in  relation  to  the
 Union     territory    of
 Pondicherry,   the  High
 Court  at  Mgdraa.".

The Indian Lunncy Act, 1912

1912

4

8 The Wild Birds and Animals Protec-

1912

tion Actj 1912,

The Destructive Iniects and Pe*t"

1914

2

Act, 1914.

The Indian Medical Degrees Act,

1916

7

1916.

1 The Inland Steam-vessels Act, 1917

1917

The Post Office Cash Certificates

1917

iR

Act, 1917.

The Charitable and Religious

1920

14

TrustR Act, 1920,

1923

The Cotton Transport Act, 1923

31923 6 Ths Cantonments (House Acco- mmodation) Act, 1923. 330 G of I Ex—4.

8

1923

Th" Workmen's Comp-nsntion

Act, 1923.

1923

The Indian Cotton Cess Act, 1923

14

1923

The Indten Official Secreti Act,

19

1923.

2 The Cantonment* Act, 1924

1924

1924

The Central Board of Revenue Act,

4

1924.

12 The Cotton Ginning and pressing

1925

Factories Act, 1925.

Sub-section (rA) of l ec tion 9 shall have effect BB if for the words and figures "after the 27th day of February, 1939") the wordi " after the data of com- mencement of this Act" were substituted.

The Provident Funds Act, 1925

19

1925

1925

26 The Indian Carriage of Goods by

Sea Ac:, 1925.

1926

The Indian Trade Unions Act, 1926

16

16 The Indian Forest Act, 1927

1937

1927

The Indian L'ghthouje Act, 1927

17

2 The Dangerous Drugs Actj 1930

1930

1930

The Indian Lac Cess Act, 1930

34

1933

The Indian Partnership Act, 193a

9

In section i. for sub-sec- tion (j), substitute—

"(3) It shall come into force at once except section 69, which shall come into force on th" 1st day of July, 1964"

22

1932

The Tti Districts Emigrant Labour

Act, 1933.

?, The Children (Pledging of Labour)

i>33

Act, 1933.

The Indian Wireless Telegraphy

17

1933

Act, 1933.

The Indian Dock Labourer Act,

19

1934

1934-

20 The Indian Carriage by Air Act,

1934

1934.

i

2

4

3

Ths payment of Wages Act, 1936

1936

4

1 The Agricultural Produce (Grading

1937

and Marking) Act, 1937-

The Inaurtnce Act. 1938

1938

4

The Manoeuvres, Field Firing and

i9J"

5

Artillery Practice Act, 1938.

The Criminal Law Amendment Act,

2,0

1938

1938.

The Employer*' Liability Act, 1938

1938

The Employment of Children Act,

1938

26

1938.

Section 3B of the Act

|> shall have effect "• if

for the reference to the

1st day of October,

1939) a reference to the

data of expiry of OBC

year from the com-

mence -a nt of the Act

were subitituted.

The Drugs Act, 1940

1940

*3

1940

The Agricultural Produce Cess Act,

27

1940.

The Weekly Holidays Act, 1942

18

1942

The Armed Forces (Special Powers)

1942

41

Ordinance, 1942.

Th" Indian Coconut Cdraraittc*

10

1944

Act, 1944-

The Public Debt Act, 1944

18

1944.

The Indian Oilseeds Committee

1946

9

Act, I946'

1946

The Industrial Employment (Stand-

20

ing Orders) Act, 1946.

The Delhi Special Police Establish-

1946

ment Act, 1946.

2 The Prevention of Corruption Act,

'947

1947-

The Industrial Disputes Act, 1947

1947

14

Tho Aimed Forces (Emergency

1947

15

Duties) Act, 1947.

The Rubber Act, 1947

24

1947

1946        56
1948        61       The  Central  Silk  Board  Act,  1948
1948        63       The  Factories  Act,  1948

1950         4
1950        12       The  Emblems  arid  Names  (Preven-
                       tion  of  Improper  Use)  Act,  1950.
I95O        40       The  Army and Air  Force  (Disposal
                       of Private Property) Act,  1950.
1950        45       The  Air  Force  Act,  1950
1950        4fi      The  Army  Act,  1950

1954         43
1953         16     The  Medicinal   and  Toilet  Prepa-
                      rations (Excise  Dutiea) Act, 1955-
1955         22     The  Untoucbabilhy  (Offcncei)  Act,
                      1955-