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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 114] NEW DELHI, MONDAY, MARCH 31, 1959/CHAITRA 10, 1891

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF HOME AFFAIRS

ORDERS

New Delhi, the 28th March 1969

S-O. 1301.—In exercise of the powers conferred by section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), the Central Government, after consulting the Governments of the States of Punjab and Haryana and the Administrators of the Union territories of Himachal Pradesh and Chandigarh, hereby approves, with certain modifications, the Scheme forwarded by the Government of Punjab relating to the reconstitution and reorganisation of the Council of Homoeopathic System of Medicine, Punjab, a corporation constituted under the Punjab Homoeopathic Practitioners Act, 1965 (Punjab Act 16 of 1965) and functioning in the States of Punjab and Haryana, the Union territory of Chandigarh and the territories trans- ferred to the Union territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of ]966) and for the purpose of giving effect to the scheme so approved, the Central Government hereby make the following Order, namely:—

1. Short title and commencement.—(1) This Order may be called the Council of Homoeopathic System of Medicine, Punjab (Reconstitution and Reorganisation) Order, 1969.

(2) It shall come into force on the 1st day of April, 1969.

2 Definitions.—In this Order, unless the context otherwise requires,-—

(a) "Act" means the Punjab Homoeopathic Practitioners Act, 1965 (Punjab Act 16 of 1965);

(403)

(b) "appointed day" means the date on which this Order comes into force;

(c) "existing Council" means the Council of Homoeopathic System of Medi- cine, Punjab, constituted under the Act; which has been functioning and operating before the appointed day in the States of Punjab and Haryana, the Union territory of Chandigarh and the transferred territory;

(dj "transferred territory" means the territory transferred to the Union territory of Himachal Pradesh under section 5 of the Punjab Reorgani- sation Act, 1966 (31 of 1966).

3. Dissolution of the existing Council and constitution of separate Councils for the States of Punjab and! Haryana, the Union territory of Chandigarh and the transferred territory.—As from the appointed day,—<

(a) the existing Council shall stand dissolved, and the members thereof

shall vacate their offices; and

(b) there shall be constituted separate Councils under section 3 of the Act for each of the; States of Punjab and Haryana, the Union territory of Chandigarh and the transferred territory.

4. Adaptations and modifications In the Act.—As from the appointed day, the Act shall, until altered, repealed or amended by tihe competent Legislature, have effect subject to the provisions of, and the adaptations and modifications directed by, the Schedule annexed hereto.

SCHEDULE

(See paragraph 4)

THE PUNJAB HOMOEOPATHIC PRACTITIONERS ACT, 1965

(PUNJAB ACT NO. 16 OF 1965)

Section 1.—For sub-section (2), substitute the following:

"(2) It extends to the State of Punjab, the State of Haryana the Union territory of Chandigarh and the territories transferred to the Union territory of Himachal Pradesh under section 5 of the Punlab Re- organisation Act. 1966."

2. Section 2.—For clause (2), substitute the following:—

"(2) "Council" means a Council of Homoeopathic system of Medicine ' established and constituted under Section 3;"

S. New Section 2-A.—After section 2, insert the following:—

"2A. Construction of certain references in their application.—(l) in the application of the Act to the Union territory of Chandigarh or the transferred territories, any reference therein to the State Government shall be construed as a reference to the Administrator of the Union territory of Chandigarh or the Administrator of the Union territory of Hirnachal Pradesh as the case may be.

(2) Section 55 shall not apply in relation to the Union territory of Chandi- garh but shall apply to the State of Haryana and the transferred territory with the modification that for the words "each House of the State Legislature" the words, "the Legislative Assembly" and for the word" "both Houses agree" at both the places where they occur the words "Legislative Assembly agrees" shall be substituted."

4. Section ".—In section 3,—

(i) itv sub-section (1), omit the word "Punjab" and; (ii) in sub-section (5),.for the words "first Council to be constituted", substi- tute the words "the first Council to. be constituted after the commence- ment of the Council of Homoeopathic System of Medicine, Punjab (Reconstitution and Reorganisation) Order, 1969"

[No. F. 17/1/08-SR]

S.O. 1302.—In exercise of the powers conferred by sub-section (1) of section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), the Central Government, after consulting the Governments of the States of Punjab and Haryana and the Administrators of the Union territories oi! Himachal Pradesh and Chandigarh, approves, with certain modifications, the scheme forwarded by the Government Of Punjab relating to the reconstitution and reorganisation of the Punjab Labour Welfare Board, a corporation constituted under the Punjab Labour Welfare Fund Act, 196S (Punjab Act 17 of 1965) and now functioning in the States of Punjab and Haryana, the Union territory of Chandigarh and the territory transferred to the Union territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1066 (31 of 1966), and for the purpose of giving effect to the scheme so approved, the Central Government hereby makes the following Order, namely:—

1. Short title and commencement.—(1) This Order may be called the Punjab Labour Welfare Board (Reconstitution and Reorganisation) Order, 1969.

(2) It shall come into force on the 1st day of April, 1969.

2. Definitions.—(1) In this Order, unless the context otherwise requires,—

(a) "Act" means the Punjab Lalbour Welfare Fund Act, 1E65 (Punjab Act

17 of 1965);

(b) "appointed day" means the date of commencement of this Order; (c) "existing Board" means the Punjab Labour Welfare Board constituted under the Act and has been functioning and operating before the appointed day in tine States of Punjab and Haryana, the Union,.terri- tory of Chandigarh and the transferred territory; and

(1> Words and expressions used in this Order and not defined but defined in the Act shall have the meanings respectively assigned to them, in the Act.

3. Dissolution of the existing Board and constitution of separate Boards for the States of Punjab and Haryana and the Union territory of Chandigarh.—As from the appointed day:—•

(a) the existing Board sthorll stand dissolved, and the members thereof shall

vacate their offices; and

(b) there shall [be constituted separate Boards under section 4 of the Act for each of the States of Punjab and Haryana and the Union territory of Chandigarh.

4. Adaptations and modifications In the Act.—As from the appointed day, the Act shall, until altered, repealed or amended by the competent Legislature, have effect subject to the provisions of, and the adaptations an^L modification? directed by, the Schedule annexed hereto.

SCHEDULE

(See paragraph 4)

THE PUNJAB LABOUR WELFARE FUND ACT, 1&65

CPUN.TAH A CT 17 or inflFN

1. Section 1.—For sub-section (2), the following sub-section shall be substi- tuted, namely:—

"(2) It extends to the territories which, immediately before the 1st day of November, 1966, were comprised in Uie State, of Punjab, excluding the territory¹ transferred to the Union territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1968 (31 of 1966)."

2 Section 2.—(a) For clause (1), the following clause shall be substituted namely:-—

'

(1) "Board" means the Labour Welfare Board established and constituted under section 4 for ea"h of the States of Punjab and Haryana and the Union territory of Chandigarh;

(b) for clause (6), the following clause shall be substituted, namely:

"(6) "Fund" means the Labour Welfare Fund Constituted under section 3 for each of the States of Punjab and Haryana and the Union terri- tory of Chandigarh."

3. Section 2A.—Aiter section 2, the following section shall (be Inserted, namely:—

"2A. Counstruction of certain references in the Act.— (1) In the application of the provisions of this Act to the Union territory of Chandigarh, any reference, therein to the State or State Government shall be con- strued aa a reference to the Administrator of the Union territory of Chandigarh.

(2) Sub-section (3) of section 27 shall not apply in relation to the Union territory of Chandigarh but shall apply to the State of Haryana with the modifications' that for the words each house, of the State Legis- lature", the words "the Legislative Assembly" and for the word." "both Houses agree" at both the places where they occur, the words "the Legislative, Assembly agrees'¹ shall be substituted,"

4. Section 4.—For sub-section (1), the following sub-section shall be substi- tuted, namely: —

"(1) For the purpose of administering the Fund and for performing such other functions as are assigned to it by or under this Act, the State Government shall toy notification establish a Board to be known as "the Labour Welfare Board foi Punjab or Haryana or the Union territory of Chandigarh" a;s the case may be."

[No. F. 17/47/67-SR.]

8.O. 1303.—In exercise of the powers conferred by sub-section (1) ol section 4 of the Inter-State Corporations Act, 1957 .(38 of 1957), the Central Government, after consulting the Governments of the States of Punjab and Haryana and the Administrators of the Union territories of Himachal Pradesh and Chandigarh, ap- proves with certain modifications the scheme forwarded by the Government of Punjab relating to reorganisation of the Punjab Bhudan Yagna Board, a corpor- ation established under the Punjab Bhudan Yagna Act, 1955 (Punjab Act 45 of 1956) and functioning in the States of Punjab and Haryana, the Union territory of Chandigarh dnd the territory transferred to the Union territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966), and for the purpose of giving effect to the scheme So approved, the Central Govern- ment hereby makes the following Order, namely:—

1. Short title and commencement—(1) This Order may be called the Punjab Bhudan Yagna Board (Reorganisation) Order, 1969,

(2) It shall come into force on the 1st day of April, 1969.

2. Definitions.—In this Order, unless the context otherwise requires,—

(a) "Act" means the Punjab Bhudan Yagna Act, 1955 (Punjab Act 45 of

1966);

(b) "appointed day" means the date of commencement of this Order; (c) "existing Board" means the Punjab Bhudan Yagna Board established under the Act and functioning and operating immediately before the appointed day in those areas of the State of Punjab as existed im- mediately before the 1st day of November, 1966;

(d) "Haryana Board" means the Haryana Bhudan Yagna Board established

under the Act as from the appointed day for the State of Haryana;

(e) "Himachal Board" means the Himachal Pradesh Bhoodan Yagna Board established under the Himachal Pradesh Bhoodan Yagna Act, 1954 (Himachal Pradesh Act 2 of 1955);

(1) "population ratio" in relation to the States of Punjab, Haryana and the Union territory of Himachal Pradesh means the ratio of 55 to 37 to 8, respectively;

(g) "Punjab Board" means the Punjab Bhudan Yagna Board as established from the appointed day under paragraph 3(b) of this Order;

(h) "successor Board" in relation to the existing Board means the Punjab Board, the Haryana Board and the Himachal Board;

(i) "transferred territory" means the territory transferred to the Union territory of Himaohal Pradesh an the 1st dajr of November, 1956 under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966);

(2; Words and expressions used herein and not defined in this Order but de- fined in the Act shall have the meanings respectively assigned to them in the Act-

3. Dissolution of the existing Board and establishment of separate Boards (1)

As from the appointed day,—

(a) the existing Board shall stand dissolved and the members thereof shall

vacate their offices;

(b) the Government of Punjab shall establish a Punjab Bhudan Yagna

Board under the Act;

(c) the Government of Haryana shall establish a Board which shall be called the Haryana Bhudan Yagna Board and shall consist of the members specified in section 4 of the Act;

(d) the Himachal Board shall exercise the powers and perform the func- tions of Bhudan Yagna Board for the transferred territory and shall be deemed to be the Board established under the Act for the said territory.

(2) Subject to the other provisions of this Order, all land belonging to the existing Board, as from the appointed day,—

(a) if situated within the—

(1) State of Haryana, pass to the Haryana Board; (ii) transferred territory, pass to the Himachal Board; and (b) in any other case, continue to vest In the Punjab Board.

4. Transfer and Distribution of assets and liabilities.—The assets and liabilities of the existing Board as on the appointed day shall be divided among the successor Boards, according to population ratio and shalj be allocated as follows:—

(a) the balances held by the existing Board in cash, Bank and security deposits amounting to Rs. 471.03 shall be retained by the Punjab Board;

(b) Himachal Pradesh's share amounting to Rs. 158 05 shall be paid by the

Punjab Board in cash to Himachal Board; and

(c) all stores, articles and other goods belonging to the existing Board shall be divided between the Punjab Board and the Haryana Board as in- dicated In Part A of the F.irst Schedule and all liabilities of the exist- ing Board as Indicated in Part B of the First Schedule hereto annexed shall be met by the Punjab Board.

5- Contracts.—Where, before the appointed day the existing Board has made any contract, the contract shaU be deemed to have been m a d e-

fa) If the purposes of the contract are, as from the appointed day, ex- clusively relatable to the State of Haryana, by the Haryana Board;

(b) if the purposes of the ccntract are, as from the appointed day, exclusive- ly relatable to the transferred territory, by the Himachal Board;

(c) in any other case, by the Punjab Board;

and all rights or liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been the rights or liabilities of the existing Board, be the rights or liabilities of the Haryana Board, the Himachal Board and the Punjab Board, as the case may be.

6 Legal proceedings.—Where immediately before the appointed day the existing Board Is a party to any legal proceedings with respect to any property, rights or liabilities transferred to a successor Board under this Order, that successor Board shall be'deemed to be substituted for the existing Board aa a party to those pro- ceedings, or added as a party thereto, as the case may be, and the proceedings continued accordingly.

7 Division of records of the Board—(1) Copies of the agenda and minutes to- gether with the certified copies and proceedings of the existing Board shall be sup- plied to the successor Boards by the Punjab Board.

(2) On and from the appointed day, all the respective rights, "Bet* and liabilities which are transferred by virtue of this Order to the successor Boards shall stand statutorily transferred to the respective successor Boards without the necessity of executing any Deeds of transfer or assignment.

(3) A certificate signed by the Member Secretary of the existing Board or the Punjab Board against a proper receipt from the receiving authority that any particular item of assets and liabilities stands transferred to the successor Board shall be conclusive evidence of such transfer or retention.

8. Residuary provision.—Any matter not covered by any of the provisions of this Order shall be decided by the successor Boards concerned failing which, aa the Central Government may, by order, direct.

9. Adaptations and modifications in the Act—As from the appointed day, the

Act shall, until altered, repealed or amended by the competent Legislature, have effect subject to the provisions of, and the adaptations and modifications directed by, the Second Schedule hereto annexed.

THE FIRST SCHEDULE

(See paragraph 9)

PART A

Assets

Book Value Allocated to

Name of Ar::cli, store, etc. No. or Qtv.

1

i.

PUNJAB .

1

2.

1086-05 212-00

Typewriting Hindi . Ceiling Fan .

T O T AL 1298-05

I.

HARYANA

1 1 1

Table Fan O f f i ce T a b le . C y c le . . .. C h a i rs . . .. L o c ks . . ..

5 5 3 5

1

1

2. 3. 4- 5- 6. 7- 8. 9-

1 0.

182-00 94-25 291-77 47' 00 10-65 25-75 13-00 22-00 9'54 3-00 6-0O

1 1

n.

1 2.

13- 14.

2 1 1 2

18-72 15-00 14-11 13-00 50-60

15- 1 6.

B a gs . W e i g h ts R O O TI H e a t er Tft'-ile G l a ss . Basket . . .. Table Rack . Brass Seals Sign Boaid . ; Chair Seat Trays . . .. Kitchen articles

19

T O T AL

815-39

PART B

Liabilities Payable by Punjab Board

N a me of s u n d ry creditors

S. No.

A m o u nt to be P a id R s.

, 106-70 41-26 73-07 250-00 S h ri J ai C h a nd S h ri U d h am S i n gh . . .. S h ri G a n c s hi L al S h ri J ai N a i a in . . ..

1 a 3 4

T O T AL

471-03

THE SECOND SCHEDULE

(See paragraph 4)

THE PUNJAB BHUDAN YAGNA ACT, 1955

(PUNJAB ACT 45 OF 1956)

1. Section 1.—For sub-section (2), the following sub-section shall be substituted, namely:—

"(2) It extends to the territories, which immediately before the 1st day of November, 1966 were comprised in the State of Punjab, excluding the Union territory of Chandigarh formed under section 4 of the Punjab Reorganisation Act, 1966 (31 of 1966)."

2. Section 2.—

(i) for clause (c), the following clause shall be substituted, namely;—

"(c) "Board" means the Punjab Bhudan Yagna Board or the Haryana Bhudan Yagna Board or the Hlmachal Pradesh Bhoodan Yagna Board established or deemed to be established for the State of Punjab or the State of Haryana or the transferred territory, as the case may be;"

(ii) in clause (g), after the figures "1887", the words "or any other corres- ponding law for the time being in force" shall be Inserted and after the words "that Act", the words "or law" shall be Inserted;

(ill) after clause (h), the following clause shall be inserted, namely:—

"(i) "transferred territory" means the territory transferred to the Union territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1968)."

3. After section 2, the following section shall be Inserted, namely:—

"2A. Construction of certain references in the Act—In the application of the provisions of this Act,—

<1) to the State of Haryana, any reference therein to any expression mentioned in column (1) of the Table below shall be construed as a reference to the corresponding expression mentioned in column (2) of the said Table.

TABLE

( I)

( 2)

State Government . Punjab Bhudm Yagna Board , Gazette . . ..

The Government of the State of Haryana. Haryana Bhudan Yagna Board. Official Gazette of the Government of Haryana,

(2) to the transferred territory, any reference therein to any expression mentioned In column (1) of the Table below shall be construed as a reference to the corresponding expression mentioned in column (2) of the said Table.

TABLE

( I)

CO

State Government .

Administrator of Himachal Pradesh. Hirnacral Pradesh Bhoodan Yagna Board. Official Gazette of the Government of Himach"] Punjab Bhudan Yagna Board . Gazette . . ..

Pradesh."

After section 3, the following section shall be inserted, namely:—

"3A. Powerg of the Board in respect of the transferred territory—Notwith- standing anything contained in this Act, the Himachal Pradesh Bhoodan Yagna Board established under the Himachal Pradesh Bhoodan Yagna Act, 1954 (Himachal Pradesh Act 2 of 1955) shall, until the establishment of a Board under section 3, be deemed to be the Board established under this Act and accordingly shall perform the functions, discharge the duties and exercise the powers of such Board."

5. In sections 30 and 31, after the words and figures "the Punjab Land Revenue Act, 1887", the words "or any other corresponding law for the time being in force" shall be inserted and in section 31, after the words "the said Act", the words "or corresponding law" shall be inserted.

[No. F.17/27/67-SRJ

K. E- PRABHU, Jt. Secy.