REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section i
PUBLISHED BY AUTHORITY
No. 51]NEW DELHI, THURSDAY NOVEMBER 22, 1962/AGRAHAYANA 1,1884
MINISTRY OF LAW
(Legislative Department)
New Delhi, the 22nd November, 1962/Agrahayana 1, 1884 (Saka)
THE GOA, DAMAN AND DIU (LAWS) REGULATION, 1962
No. 12 OF 1962
Promulgated by the President in the Thirteenth Year of the Republic of India.
A Regulation to extend certain laws to the Union territory of Goa, Daman and Diu.
In exercise of the powers conferred by article 240 of the Consti- tution, the President is pleased to promulgate the following Regula- tion made by him: —
1. (1) This Regulation may be called the Goa, Daman and Diu (Laws) Regulation, 1962.
Short title
and com-
mencement.
(2) It shall come into force at once.
2. In this Regulation, unless the context otherwise requires,—
Definition!.
(a) "Act" means an Act or the Ordinance specified in the Schedule;
(b) "Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu;
(c) "Lieutenant-Governor" means the Administrator at Goa, Daman and Diu.
(361)
830 G. of I. Ex.—I
362 THE GAZETTE OF INDIA EXTRAORDINARY [PABI 11
f3. (1) The Acts, as they are generally in force in the territories to which they extend, shall extend to Goa, Daman and Diu, subject to the modifications, if any, specified in the Schedule.
Extension with amend- ments of certain laws to Goa, Daman and Diu and their com- mencement therein.
(2) Notwithstanding anything contained in sub-section (1) or in the relevant provision, if any, of each such Act for the commence- ment thereof, the provisions of each such Act shall come into force in Goa, Daman and Diu on such date as the Lieutenant-Governor may, by notification in the Goa, Daman and Diu Gazette, appoint;
Provided that different dates may be appointed for different pro- visions of any Act and for different areas and any reference in any such provision to the commencement of the Act shall be construed as a reference to the coming into force of that provision in the area where it has been brought into force.
Repeal and ia"ing.
4. (1) Any law in force in Goa, Daman and Diu or any area there- of corresponding to any Act referred to in section 3 or any part thereof shall stand repealed as from the coming into force of such Act or part in Goa, Daman and Diu or such area, as the case may be.
(2) Nothing in sub-section (I) 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(a) the previous operation of any law so repealed or any- thing duly done or suffered thereunder; or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 res- pect of any offence committed against any law so repealed; or
(d) any investigation, legal proceading or remedy in res- pect of any such right, privilege, obligation, liability, pen: Hy, 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 liremce granted, or registration effected) under any such law, shall bo deemed to have been done or taken under the corres- ponding provision of the Act extended to Goa, Daman and Diu and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 363
Exttnuion of
rules, orderi,
rfc., und"
;crtiln law*.
5. (1) All rules, notifications, orders, regulations and bye-laws made or issued by the Central Government under the provisions of any Act generally for the territories to which such Act extend'! shall, as from the commencement of the provisions of such Act in Goa, Daman and Diu, extend to, and come into force in Goa, Daman and Diu-
(2) Notwithstanding anything contained in sub-section (1), no rules, notifications, orders, regulations md bye-laws made or issued by the Central Government under the following Acts, namely: —
4 of 1884.
(i) The Indian Explosives Act, 1884,
30 of 1934.
(ii) The Petroleum Act, 1934,
(Hi) The Imports and Exports (Control) Act, 1947,
18 of I947,
20 of 1952.
(iv) The Inflammable Substances Act, 1952,
10 of 1955.
(v) The Essential Commodities Act, 1955,
shall extend to, and come into force in Goa, Daman and Diu unless the Central Government, by notification in the Official Gazette, otherwise directs.
Rules of
conBtru;HO)".
6. (1) In any Act or in any of the rules, notifications, orders, regulations and bye-laws made or issued thereunder and extended to Goa, Daman and Diu by this Regulation,—
(a) any reference to any provision of law not in force, or to any functionary not in existence, in Goa, Daman and Diu 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 Lieutenant-Governor shall decide as to who such func- tionary will be and his decision shall be final;
(b) any reference to the State Government shall be con- strued as a reference to the Central Government and also m including a reference to the Lieutenant-Governor;
; Qf 1898.
(c) until the Code of Criminal Procedure, 1898, ir brought into force in that Union territory and Magistrates aie Appointed
364 THE GAZETTE OF INDIA EXTRAORDINAEY [PART H
thereunder, any reference to a Magistrate shall be construed as a reference to the District Judge; and
(d) any reference to the High Court shall, until the juris- diction of the High Court at Bombay is extended to that Union territory, be" construed as a reference to the High Court functioning therein immediately before the commencement of this Regulation.
(2) For the purpose of facilitating the application in relation to Goa, Daman and Dlu 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 neeessary or proper to adapt It to the matter before the court or other authority.
Trial of offences.
5 of 1898.
7. Until the relevant provisions of the Code of Criminal Proce- dure, 1898, are brought into force in Goa, Daman and Diu, all offences under any Act shall be investigated, inquired Into, tried and othqr- wis" dealt with according to the provisions of the corresponding law in force in Goa, Daman and Diu.
Power to remove difficulties.
8. If any difficulty arises in giving effect in Goa, Daman and Diu to the provisions of any Act extended by this Regulation to that Union territory, the CenU-al 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.
1 w
THE SCHEDULE
i—i
f 5ee section 2")
Year
No.
Short title
Modifications
i
3
4
19
1838 1857
The Coasting-Vessels Act, 1838. The Opium Acti 1857.
w 13
21
i860
The Societies Registration Act, i860.
45 5
The Indian Penal Code. The Police Act, 1861. The Press and Registration of Books Act,
i860 1861 1 8 67
25
1867.
1 The Opium Act, 1878.
1 8 78 1 8 78 . ..
8
a
16
The Sea Customs Act, 1878. The Obstructions in Fairways Act, 1881.
1881
After the words, figures and lettersj"in the territories -which, immediately before the 1st November, 1956, were comprised in Part A States and Part C States" wherever they occur, insert "or in tory of Goa, Daman and Diu".
>
26 The Negotiable Instruments Act, 1881,
19 4 12
1881 T883 1884 1884
The Land Improvement Loans Act, 1883, The Indian Explosives Act, 1884. The Agriculturists' Loans Act, 1884,
I
3 1
1888 1890
The Police Act, 1888. The Revenue Recovery Act, 1890.
u>o\
Modifications
Short title
Year
No.
2
I
3
4
1890
9
4
10
O 1897 1897 1898
The Indian Railways Act, 1890. The Indian Fisheries Act, 1897. The General Clauses Act, 1897. The Code of Criminal Procedure, 189S. The Live-stock Importation Act, 1898.
1898
The Indian Work=. of Defence Act, 1903.
H
O 1903 I905 1908
5 9 7 4 6
fc-H
The Indian Railway Board Act, 1905.
The Explosive Substances Act, 1908.
1908 15 The Indian Ports Act, 1908.
O
1910 9 The Indian Electricity Act, 1910. I—I
1911 2 The Indian Patents and Designs Act, 1911. >
1917 1 The Inland. Steam-vessels Act, 1917.
><
1917 5 The Destruction of Records Act, 1917.
1920 The Indian Red Cross Society Act, 1920. O
15
1920 34 The Indian Passport Act, 1920,
1922 7 The Indian Ermgiation Act, 1922.
1922 22 The Police (Incitement to Disaffection) Act,
Ki
1922.
1923 5 The Indian Boilers Act, 1923.
i923 8 The Workmen's Compensation Act, 1923.
1923 19 The Indian Official Secrets Act, 1923.
1924 4 The Central Board of Revenue Act, 1924.
H
Modifications
Year
Short title
No.
I—>•
I—I
r
4
3
1925
5 19 26
The Provident Funds Act, 1925. The Indian Carriage"of Goods by Sea Act,
1925
Q
1925.
1926
16 The Indian Trade Unions Act, 1926. ' The Indian Lighthouse Act, 1927.
17
2
16
The Dangerous Drugs Act, 1930. The Provisional Collection of Taxes'Act,
1927 1930 1931
1931-
22
3O
32
The Aircraft Act, 1934. The Petroleum Act, 1934, The Indian Tariff Act, 1934. The Payment of Wages Act, 1936.
4
1 1934 1934 1934 1936 1938
The Insurance Act, 1938.
In'sectionrii8,Tclause (a), addTat the end:
4
o
1 I
" ; or (h>) any fund in existence in the Union terri- tory of Goa, Daman and Diu on the 20th December, 1961 and maintained by or on behalf of Government servants or Govern- ment pensioners or on behalf of employees of any autonomous body and intended for the mutual benefit of contributors to the fund or for any other purpose.".
The Manoeuvres, Field Firing and Artillery
T938
5
u>
Practice Act, 1938.
Ot
3
.
Modifications Year
Short title
6 8 No.
I
2
3
4
1939
The Motor Vehicles Act, 1939,
4
In the Sixth Schedule, after the entry relating to the Laccadive, Minicoy and Amindm Islands, insert:
T H E
"Goa, Daman and Diu GDD ".
The Registration of Foreigners A ct 1939. 171 v J' <=seatial Services Maintenance Ordinan
1939 1941
ce,
16 n
G A Z E T T E
The Multi-Unit Co-operative Societies
1942
6
Act, 1942.
O P
I
N D
18
I
A
20
The Central Excises and Salt Act, 1944 The Public Debt Act, 1944. The Industrial Employment (Standing Or-
1944 1944 1946
ders) Act, 1946.
1946
The Delhi Special Police Establishment Act.
25
TQL46
31
1946
l
2
947-
E X T K A O R M N A R Y
14
The Foreigners Act, 1946. The Prevention of Corruption Act, 1947, The Foreign Exchange Regulation Act, 1 The Industrial Disputes Act, 1947, The Armed Forces (Emergency Duties)
1947 1947 1947 1947
15
Act, 1947.
[ 18
>47-
29
P A R T The Imports and Exports (Control) Act, 11 The Capital Issues (Control) Act, 1947. The Antiquities (Export Control) Act, 1947
31
1947 1947 1947
S
Year No. Short title Modifications B
C .
1
1 2 3 4 ]
1948 *5 The Industrial Finance Corporation Act,
T
1948. H
E
1948 31 The National Cadet Corps Act., 1948.
G
1948 56 The Territoria] Army Act, 1948. A
Z
1949 8 The Seaward Artillery Practice Ac+, 1949. E
T
1950 12 The Emblems and Names (Prevention of T
E
Improper Use) Act, 195c.
40 The Army and Air Force (Disposal of Pri- O
1950 F
vate Property) Act, 1950. I
N
1950 45 The Air Force Act, 1950. D
I
1950 46 The Army Act, 1950. A
1950 The Contingency Fund of India Act, 1950. E
49 X
1951 The Industries (Development and T
65 R
Regulation ) Act, 1951. A
O
1952 20 The Inflammable Substances Act, 1952. R
D
1952 35 The Mines Act, 1952. I
N
1952 53 The Notaries Act, 1952. A
R
1952 60 The Commissions of Inquiry Act, 1952, Y
1953 27 The Air Corporations Act, 1953.
1954 27 The Delivery of Books and News papers
(Public libraries) Act, 1954.
10
16
1955 1955
The Essential Commodities Act, 1955. The Medicinal and Toilet Preparations
(Excise Duties) Act, 1955.
3 ^ 9
830 G. of I. Ex,—2
Year
[.No.
Short title
Modifications
*
I
2
4
3
22 The Untouchability (Offences) Act, .
1955
1955-
The Railway Stores (Unlawful Possession)
51
1955
H Act, 1955.
1
1956
The Companies Act, 1956
(0 After section 2, insert :
QI
O
C2A. Construction of certain re- ferences in the application of Act to Goa, Daman and Diu.—In the application of this Act to the Union territory of Goa, Daman and Diu—
I—I
>
is
(a) the expression "commence- ment" wherever it is used in relation to this Act as enacted in 1956 or in relation to the Companies (Amend- ment) Act, i960, means the commencement of this Act in that Union territory;
>o
(&) references to the dates spe- cified in sections 37(x) and (2), 125(1), 294(5) (a), 295(6) and 618, and the first proviso to section 284(1) shall be construed as references to the commencement of this Act in that Union territory';
i—i
i—(•
(c) reference to the 1st day of December, 1949 in sub-section (4) of section 89 shall be construed as a
No.
Short title
Year
Modificatiors
2
i
3
4
reference to the 1st day of April, 1956;
o
(a) reference to the 15th day of August, 1956 in sub-section (4) of section 325 shall be construed as a reference to the 31st day of March, 1963;
I
o
tlj
u
(V) references to the 15th day of August, i960 in section 330 and sub-section (/) of section 332 shall be construed as references to the date of expiry of two years from the commencement of this Act in that Union territory;
g
(/) reference to the ist day of March, 1.958 in section 361 shall be construed as a reference to the ist day of iMarch, 1964." ;
(it) in section 3(j){ti), after sub-clause (2)
I
of clause (/) insert:
•
"or (3) in the Union territory of Goa, Daman and Diu or any part thereof, before the commencement of this Act therein;";
The National Highways Act, 1956. The Central Sales Tax Act, 1956.
1956 1956
74
Modifications
Short title
No.
Year
i
2
4
3
The Standards of Weights and Measures
1956 . . . 89
Act, 1956.
M
e The Copyright Act, 1957. The Railway Protection Force Act, 1957. The Additional Duties of Excise (Goods
1957 1957 • . • . 1957
23 58
of Special Importance) Act, 1957.
62 The Navy Act, 1957. Tiie Mines and Minerals (Regulation and
1957 1957
67
Development) Act, 1957.
g
In section 16, sub-section (1), and in section 30A, for "granted before the 25th day of October, 1949" substitute "granted in the Union territory of G-oa, Daman and Diu, before the commence- ment of this Act therein and elsewhere, before the 25th day of October, 1949".
21 The Rice Milling Industry (Regulation)
1958
Act, 1958.
24 The Ancient Monuments and Archaeolo-
o 1958
gical Sites and Remains Act, 1958.
The Mineral Oils (Additional Duties of
1958
27
Excise and Customs) Act, 1958.
g
The Trade and Merchandise Marks Act,
1958
43
1958-
44
54 60
I 1958 1959 i960 1961
The Merchant Shipping Act, 1958. The Arms Act, 1959. The Children Act, i960. The Criminal Law Amendment Act, 1961.
23
w Year
No.
Alodifications
Short title
I—J i
2
4
3
1961
The Deposit Insurance Corporation Act
47
1961.
The Madras District Police Act, 1859.
24
1859
O
(i) In the long title, for the words "within the territories subject to the Presidency of Fort St. George", substitute "within the Union territorv of Goa, Daman an^ Diu".
%
(ii) In the preamble and in section S, for the words "Madras Presidency" substitute "Union territorv of Goa, Daman and Diu".
a > X
>
^iii) Omit section 12. (iv) In sections 42 and 43, for the words ''Madras Fire Services", substitute "Fire Services in the Union territory of Goa, Daman and Diu".
(v) In section 43, omit "either" and "or under ' section 62-A of the Madras Citv Police : Act, 1888".
(vi) Omit section 54A and the Sche-
dule.
W
(i) In the long title, preamble, section 1(2) 1924
The Punjab Motor-Vehicles Taxation Act,
1924.
and section i^{2){c) for "Punjab" substitute "the Union territorv of Goa, Daman and Diu".
(ii) In section 3, sub-section (j), for the j words "at the rate specified in the Schedule ]
•-4
•Modifications Year
No.
Short title
i
2
3
4
to this Act" substitute "at such rate, not exceeding the rate specified in the Schedule to this Act, as the State Govern- ment may by notification specify".
H K K Q
(iii) In section 4,—
I
(a) in sub-section (1), for "before the 30th day of Aprii, 1925" substitute "before the expiry of 30 days from the commencement of this Act" and for "10th day of April, 1925" substitute "commencement of this Act".
*—r
>
(b) in the proviso to sub-section (2), for "10th day of April, 1925" substitute "commencement of this Act".
X H
O
o
(iv) In section 12, for the words "to the Com- missioner" substitute "to such other officer as the State Government may specify! in this behalf" and for the words "or Commissioner" substitute "or the other officer so specified".
>
(v) In section 15, sub-section (2), clause (i), for "State" substitute "Union territory".
*96i
The Maharashtra Co-operative Societies Act
(i) Throughout the Act,—
. xxrv
i960.
?
H
(a) for the words " State of Maharashtra" substitute "Union territory of Goa, Da- man and Diu";
i—t I-H
S E C
Short title
Modifications | No.
.
Year
1
] 2
X
3
4
T H E
(b) for the word "State" (except where it occurs in the expression "State Government" and except in Chapter V 1 and section 159) substitute "Union territory";
G A Z E T T E
,
(c) for the words "Official Gazette" substitute "Goa, Daman and Diu Gazette".
O F
I
N D
I
A
(ii) In section 2, in clause (50), for the words "Maharashtra State Co-operative Tri- bunal" substitute "Goa, Daman and Diu Co-operative Tribunal".
(iii) Omit sections 14 and 18.
E X T R A O R D
I
(iv) In Chapter V, for the words "State Government" wherever they occur, subs- titute "Central Government". '
1
N A R Y
(v) Omit section 101.
(vi) In section 111, omit clause (m).
(vii) In section 149, in sub-section (1), for
the words "Maharashtra State Co-opera- 1 tive Tribunal" substitute "Goa, Daman and Diu Co-operative Tribunal".
3 7 5
Modifications
Short title
o\ • No.
Year
2
i
4
3
(viii) In section 159,—
O
(a) in sub-section (j)3 for the words "in any other State" substitute "else- where in India";
s
2 >
(b) in sub-section (2), for the words "in any other State" substitute "elsewhere in India", for the words "Maharashtra State" in the two places where they occur, substitute "Union territory of Goa, Daman and Diu" and for the words "Registrar of the State" subs- titute "Registrar of the State or Union territory".
(ix) In section 165, omit sub-section (4),
Io
a
D
(x) Omit section 166,
S. RADHAKRISHNAN;
President.
I
r—i -
3
R. C. S. SARKAR, Secy, to the Govt. of India.
PRINTED Df INDIA BY THE GZNEBAL MANAGER, GOVT. OF INDIA PEHSS,
NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELEI, 1 9 6 2.
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