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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 45] NEW DELHI, THURSDAY, D E C, 19, 1963/AGRAHAYANA 18, 1885

MINISTRY OF LAW (Legislative Department) New Delhi, the 19th December, 1963/Agrahayana 28, 1885 (Saha)

THE GOA, DAMAN AND DIU (LAWS) No. 2 REGULATION, 1963 No. 11 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 Goa, Daman and Diu.

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 Goa, Daman and Diu (Laws) No. 2 Regulation, 1963.

Short title

and com*

men cement.

(2) It shall come into force at once.

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

Definition.

(a) "Act" means an Act specified in the Schedule;

(b) "Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu;

(c) "Lieutenant-Governor" means the Administrator of Goa, Daman and Diu.

3. (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,

( 5 1 7)

Daman and

Diu and

their com-

mencement

therein.

(2) Notwithstanding anything contained in sub-section (1) or ia the relevant provision, if any, of each such Act for the commencement 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

•avinf.

4. (1) Any law in force in Goa, Daman and Diu or any area thereof corresponding to any Act referred to in section 3 or any part thereof shall stand repealed as from the coming into force of such Act or part in Goa, Daman and Diu or such area, as the case may be.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 (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(a) the previous operation of any law so repealed or any-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 reaped

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, for- feiture 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, permit or licence granted, or registration effected) under any such law shall be deemed to have been done or taken under the corresponding pro- vision of the Act extended to Goa, Daman and Diu 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

Extension of

rules, orders,

etc.," under

certain laws.

5. 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 extends 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.

Validation of acts of Life Inmir- ance Corpo- ration.

4 "f W. 31 of 1956.

'Of I9"3.

6. Anything done or any action taken by the .Life Insurance Cor- poration of India in Goa, Daman and Diu which would have been validly done or taken had the Insurance Act. 1938, and the Life Insurance Corporation Act, 1956, been in force in that Union territory when such thing was done or action was taken shall, notwithstanding anything contained in any corresponding law repealed by the Goa, Daman and Diu (Laws) Regulation. 1962, or this Regulation, be deemed to have been validly done or taken.

Rule of conwruc- tlon.

7. (I) 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—

(t) 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 functionary 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 alFo as including a reference to the Lieutenant-Governor; and

(c) any reference to the High Court shall be construed as a reference to the Court of the Judicial Commissioner established for that Union territory.

(2) For the purpose of facilitating the application in relation to Goa, Daman and Diu of any Act or any rule, notification, order, regu- lation 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- 8. If any difficulty arises in giving effect in Goa, Daman and Diu ] :o 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.

>f Goa, Daman and Diu,—

Amendment 9. In the Companies Act, 1956, as extended to the Union territory ^ of Act 1 of 1 1956.

(1) in section 3(l)(ii)—

(a) the following word and sub-clause occurring after sub-clause (2) of clause (f) shall be omitted and shall be

deemed always to have been omitted, namely; —

"or (3) in the Union territory of Goa, Daman and Diu or any part thereof, before the commencement of this Act therein;";

(b) the word "and" at the end of clause (e) shall be omitted and after clause (f), the following clause shall be inserted and shall be deemed always to have been inserted, namely:---

'(g) The Portuguese Commercial Code (Carta Lei of the Hth April, 1901), in so far as it relates to "Sociedades anonimas';';

(2) after section 620A, the following section shall be inserted,

namely: —

"Special provision as to companies in Goa, Daman and Diu

Spttixl pr* rftlon it t" cotnpMiie* in Go*, Daman and Dm.

620B. The Central Government may, by notification in the Official Gazette, direct that for such period or periods with effect from the 26th January, 1963, or any subsequent date, any of the provisions of this Act specified in the notification shall not apply, or shall apply only with such exceptions and modifications or adaptations as may be specified in the notification, to—•

(a) any existing company in the Union territory of

Goa, Daman and Diu;

(b) any company registered in the said Union territory under this Act on or after the 2rJth January. 1963.".

THE SCHEDULE

(See section 2)

Modification*

Short title

No.

Year

3

4

i

3

The PubHc Servants (Inquiries)

1850

37

Act, 1850.

The Public Gambling Act,

I867

3

1867.

The Court-fees Act, 1870.

1870

7

The Indian Evidence Act,

I

187a

1872.

Modification!

Short title

Year

No.

i

2

A

3

6 The Indian Treasure-trove Act,

1878

1878.

2

1882

The Indian Trusts Act, 1882.

1882

The Transfer of Property Act,

4

1882.

18 The Land Acqukitlon (Mines)

1885

Act, 1885.

6

1886

The Births, Deaths and Mar- riages Registration Act, i88fi.

In section 32, after the words ind figures at any time before the first day of April, 1891 ", insert " or in the case of the Union territory of Gou, Daman and Diu, before such date as may be specified by notifica- tion by the Central Govern- ment".

1

I889

The Metal Tokens Act, 1889.

6 The Charitable Endowment*

1890

Act, 1890.

1

1894

The Land Acquisition Act,

1894-

1894

The Prisons Act, 1894.

9

The Government Grants Act,

I895

1895.

1897

8 The Reformatory Schools Act,

1897-

In sub-section (1) of section 57, 1899

The Indian Stamp Act, 1899.

after clause (/), Insert—

" (g) if It arises in the Union territory of Goa, Daman and Diu, to the High Court at Bombay.".

In Schedule I, omit entry 30.

The Glanders snd Farcy Act,

13

1899

1899.

1900

The Prisoners Act, 1900.

3

I"

1908

The Indian Registration Act,

190S.

The Dourlne Act, 1910.

1910

5

191a

The Indian Lunacy Act, 1912.

41916 The Indian Medical Degrees 7 Act, 1916.

Modifications

No.

Short title

Year

2

I

4

3

1920

The Charitable and Religious

14

Trutts Act, 1920.

The Identification ot Prisoner*!

1920

33

Act, 1920.

16 The Indian Forest Act, 1927.

1927

1929

19 The ChJld Marriage Restraint! Act, 1929. W

1930

3 The Sale of Giods A r, 193°.

In section 1, for sub-section (5),

The Indian Partnership Act,

1932

9

1932.

substitute—

" (3) It shall come into f -)ro;*at once except section 69, whlchWshall come into force on the Ist day of Jaiuiry, 1965.".

The Drugs Act, 1940.

1940

23

18

1942

The Weekly Holidays Act, 1942.

The International Monetary

••

1945

Fund and Bank Act, 1945.

48 The Indian Nursing Courdl

1947

A", 1947.

8

1948

The Pharmacy Act, 1948.

16 The Dentists Act, 1948.

1948

1948

The Employees' State Insurance

34

Act, 1948.

1948        37      The  Census  Act,  1948.
1948        "3      The  Factories  Act,  1948.
1945        10      The  Banking  Companies     Act,
                       1949.

The Chartered Accountants

1949

38

Act, 1949-

46

1949

The Banking Companies (Legal Practitioners' Clients' Ac- counts) Act, 1949.

The State Financial Corporation

63

1951

Act, 1951.

The Employees' Provident

1952

19

Funds Act, 1932.

Modification!

Short title

No

Yew

1

2

4

3

13

1953

In clause (a) of section 2, amk " and " at the end of sub- clause (i) and after that "\ib- clausc, insert :—

The Khadi and other Ha'id1r>om Induitries Development (Ad- ditional Excise Duty on Cloth) Act, 1953.

" (ia) in relation to the Union territory of Goa, D"mln and Dm, the date on which this Act come" into force therein ; "•

The Tea Act, 1953.

29

1953

Omit sub-section (j) of section 17 and sub-sections (a) and (j) of section 18.

The Collection of Statistics Act,

32

1953

1953-

The Coir Industry Act, 1953.

45

1953

1954

The Drugi and Magic Remedies (Ob)ectionable Advertise- ments) Act, 1954.

The Prevention of Food Adul-

37

1954

teration Act, 1954.

The State Bank of India Act,

23

I9S5

1955-

The Prisoners (Attendance in

32

1955

Courts) Act, 1955.

42

The Prize Competitions Act,

1955

1955-

Omit section 4.

45

1955

The Working Journalists (Con- ditions of Service) and Mis- celJaneous Provisions Act, 1955.

In sub-section (1) of section 5, in clauses (6) and (c), omit " on or after the Ist day of Jul}, 1961,".

The Life Insurance Corporation After section 48, insert—

1936

31

Act, 1956.

' 48A. Act to apply to Qoa, DJtman and Dtu subject to modifications.—The provisions of this Act shall, in their application to the Union terri- tory of Goa, Daman and Diu, have effect subject to the following modifications, namely :—

(1) In section 2,—

(j) for clause m, the following clause shall be substituted, namely:—

'(1) " appointed day " means—

(1) in,the case of any insurer incorporated or registered

5-i :

Modifications.

Short title

No.

Year

i

2

4

3

in Portugal or the Por- tuguese-occupied terri- tories outside India, the 8th June, 1962 ; and

(it) in the case of any other foreign insurer transact- ing life insurance business in the Union territory of Goa, Daman and Dm, the commencement of this Act; ' ;

(ii) in sub-clause (it) of clauic

G),~

(13) after item (b), the following proviso shall be inserted, namely :—

" Provided that nothing con- tained in this sub-clause shall be deemed to in- clude policies of insur- ance issued in favour of persons who have not opicd to become citizens of India under the order issued under section 7 of the Citizenship Act, 1955,(57 of 1955);" i "nd

(ft) item (c) shall be omitted.

(2) Sections 11 and 12 shall be

omitted.

(3) In section 14 and sub-section (/) of section 15, for the figures, letters and words " 19th day of January, 1956", the words "appointed day " shall be substituted.

(4) In section 16, after sub- section (/), the following sub-section^shall be insert- ed, namely ;—

(0 Notwithstanding any- thing contained in sub- eection (1) or sub-section (a), no compensation shall be payable or be offered to an insurer incorporat- ed or registered in Portugal or any of the Portuguese-occupied

Modifications

Short title 1

No.

Year

4

3

2

1

\

territories., unless the Central Government is satisfied that the amounts, if any, which arc due to be recovered from such insurer or to be remitted by such insurer to India have been or will be recovered or remitted in full.".

(5) In section 30, tor the words " certificate of registration under the Insurance Act", the following words shall be substituted, namely :—

" certificate or authorisation under the Insurance Act or under any other law, decree or order ".

1

(6) In section 35, alter the words " insurer incorporated outside India ", wherever they occur, the words " not being an insurer registered or incorpo- rated in Portugal or the Portuguese-occupied terri- tories " shall be inserted.

(7) In section 36a after the proviso, the following proviso shal be Inserted, namely :—

Short title

Modifications

No.

Year

2

i

3

4

(8) In the First Schedule,—

(0 in Part A,—

(a) for the words, figures and letters " t he Ist day of January, 1955 ", wherc- cvex they occur, the words, figure and letters "the Ist day of the completed calendar year immediately preceding the appointed day " shall be substituted) for the words, figures and letters " the 31st day of December, 1955", the words "the last day of the completed calendar year immediately preceding the appointed day" shall be substituted and for the figures and word " 1950 to 1955 "j the figures and word " 1956 to 1961 " shall be subs- tituted;

(6) after the words "abs- tracts prepared in ac- cordance with Part II of the Fourth Schedule to the Insurance Act", wherever they occur, the words " or In any othor corresponding abstract, return or statement" shall be inserted ;

(c) in Paragraph 2, after the words " Form A Jn the First Schedule to the Insurance Act", the words "or any other corres- ponding form or state - ment " shall be Inserted; and

(it) in Part B, for^the words, figures and letters "the ist day of January, 1955 ", the words " the first day of the completed calendar year immediately preceding the appointed day" shall be substituted and references to the 19th day of January, 1956 (except in paragraph 5) shall be changed into references to the appointed day.

Modifications

Short litlc

Year

No.

1

2

4

3

(9) In the Second Schedule, re-

ferences to the isV day of

January, 1955 and the 3isi

day of December, 1955, shall

be changed into references to

the first day and the last day

respectively of the completed

calendar year immediately

preceding the appointed day.

(10) In the Third Schedule,—

("") in the first paragraph, for

the words " seventy-five

per cent. ", the words such

percentage as the Central

Government may fix" and

for the words " ten years ",

the words "five years"

shall be substituted ; and

(it) in the second paragraph,

references to the Ist day of

January, 1952, and the

31st day of December, 1955,

shall.be changed into re-

ferences to the ist day/ of

January, 1958, and the

31st day of December,

1961, respectively.'.

The Securities Contracts (Re-

1956

42

gulation) Act, 1956.

61

1956

The Khadi and Village Indus- tries Commission Act, 1956.

1 02

1956

The Indian Medical Council

In the Third Schedule—

Act, 1956.

(0 In Part I ,' add at the end—

" Medico- Diploma Medico- Surgical of Surgeon College, licentiate (Goa). " ; Nova-Goa, of the Panjim. Medico- Surgical College, Novm-Go*.

00 in Part II, omit the follow-

ing :—

" Medico-Surgeon (Goi). ".

104

1956

The Suppression of Immoral Traffic In Women and Girls Act, 1956.]20 1958 T he Probation of Offend erg Act, 1958.

Year

No.

Short title

Modifications

i

4

3

23

The Cost and Works Accountants

1959

Act, 1959.

1959

31

The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959,

1959

3* The State Bank of India (Sub- sidiary Banks) Act, 1959.

i960

The Prevention of Cruelty to

59

Animals Act, i960.

27

1961

The Motor Transport Workers

Act, 1961.

1961

The Apprentices Act, 1961.

52

1961

The Maternity Benefit Act, 1961.

53

1961

58 The Iron Ore Minea Labour Welfare Cess Act, 1961.

S. RADHAKRISHNAN, President,

R. C. S. SARKAR, Secy, to the Govt. of India.

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