The Part C States Ment, Bill, 1955
Total Page:16
File Type:pdf, Size:1020Kb
Bin No. 58 of It5 S THE PART C STATES (LAWS) AMEND- MENT, BILL, 1955 (As INTRODUCED IN LoIC SABRA) ; BIll No. 58 of 1955 THE PART C STATES (LAWS) AMENDMENT BILL, 1955 (As INTRODUCED IN LOK SABHA) A Bn.L further to amend the Part C States (Laws) Act, 1950, for the purpose of ertendilng certain Acts to the State of Manipur. BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:- 1. (I) This Act may be called the Part C States (Laws) Amend- Short title ment Act, 1955. and corn- S menccment. (2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint. xxxoa 2. In the Part C States (Laws) Act, 1950 (hereinafter referred to Amendment 19S0 • as the principal Act), in section 3,- of section 3. (a) in sub-section (2), for the words, brackets and figure 10 "The Acts and Ordinances referred to in sub-section(l), other than those specified in the Schedule to this Act", the words, brackets, figures and letter. "Subject to the provisions contain- ed in sub-section (2A), the Acts and Ordinances referred to in sub-section (1)" shall be substituted; and IS (b) after sub-section (2), the following sub-section shall be inserted, namely:- Ie (2A) The Acts specified in Part A of the Schedule to this Act shall not extend to the State of Manipur, and the Acts specified in Part B thereof shall extend, to, and be in force in, that State only as from the date of commencement 2 of the Part C States (Laws) Amendment Act, 1955, and shall, with effect from that date, be amended in the manner and to the extent specified in the said Part.". Amendment of lOCtion 4. 3. In section 4 of the principal Act, for the words "before the commencement of the Act is in force in any of the States of 5 Manipur, Tripura and Vindhya Pradesh and corresponds to an Act or Ordinance extended to that State by this Act", the words "before the coming into force of any Act or Ordinance extended by this Act to any of the States of Manipur, Tripura and Vindhya Pradesh is in force in that State and corresponds to the Act or Ordinance as 10 so extended" shall be substituted. SfubttituStiODhe- o DeW c 4. In the principal Act, for the Schedule, the following Schedule dule for the shall be lubatituted, namely:- ~I . Sc:heduJe. "THE SCHEDULE [See section 3 (2A) ] Part A Act not extended tGManipur by this Act. Yeu IamMr Short tide I 2 3 lW XXI The ODanrt.'"Mardqe 'DJIIDJudcID,Aas, 1866. 20 1872 XV TbeJladian Cbri.tiaD Marriqe Al:.t. 1872. 1174- Jol'I The Mal'ried Wemca''I'I\ope", A'Qt, 187•• 1879 XVIII The Le ... PractitiODen Act, 1819. Part B Acts extended to Manip\uDY thiB Act as from the commencement 2' of the Part C States (Laws) Amendment Act, 1955. Year Number Sbort title Amencbnentl (If lIllY) I 3 4 X ll'hd"dim a.du,~, Iu uc:don. I, for tbe.eCDDd PIIIIfIpb, 1873. the foIlowiQa. parqraph .hall be 30 IUbttkutcd, n1llDCly f-:- "k' eJltlmd'l to the wboIeol India except the State of Jammu Ind .Kabmit". 181a IV The Trmafer of Pro- !ptItY Act. 18b. VIII The'SuiIIV..IUlltion Ad...... , .. 3 Year Number Short title Amendments (if any) I a 3 .. S 1891 V Tbe Code of Crimmal (I) in section I. in 8ub-section (3), for Pl'ocedure. 18gS. the words "States of J..nmuad K.Ib- mir and ManiPur'* the words "State of Junmu and uhmir" shan be auba tutld,cnd 10 (2) in Bection ~3A, in sub-section (z) tile word, • or in the ~te of MaNpur" ahall be QJDjtte<i. 19011 V The Code of Civil Pra- In section I. in sub-section 0), the cadure, 1901. ward "mer' at ttte end dl clause (c), and clause (4') sball be ollritted". IS 1\)25 XXXIX The Indian S uct1Clsion Act. 1\)25. STATEMENT OF OBJECTS AND REASONS Under the Part C States (Laws) Act, 1950, all the Acts mentioned in the Schedule to the Merged States (Laws) Act, 1949, with the exception of ten Acts were extended to Manipur, the exception being due to the fact that those Acts required further examination. Since then the Code of Criminal Procedure, 1898 had been extend- ed to Manipur by a notification issued under section 2 of the Part C States (Laws) Act, 1950. The questfon has been considered further and it has now been decided that the Indian Oaths Act, 1873, the Transfer of Property Act, 1882, the Suits Valuation Act, 1887, the Code 'of Civil Procedure, 1908, and the Indian Succession Act, 1925 may also be extended to Manipur. The present Bill seeks to achieve this object. G.B.PANT NEW DELHI; The 24th September, 1955. 4 ANNEXURE EXTRACTS FROM THE PART C StATES (LAWS) ACT, 1950 (No. XXX OF 1950) • • • • • • • 3. (1) BxteDaioo of IaWI to Trl- • • • • • • • pura, Vin- (2) The Acts and Ordinances referred to in sub-section (l),:l:!:'r other than those specified in the Schedule to this Act, are hereby MaipIr. extended to, and shall be in force in, the State of Manipur as they are generally in force in tke territories to which they extend immediately before the commencement of this Act: XLV of Provided that the Indian Penal Code in its application to the 1860. State of Manipur shall have effect as H- (a) in section 361, for the word "eighteen" the word "fifteen" had been substituted, and (b) in section 375, for the word "sixteen" in clause -Fifthly the word "fourteen" had been substituted, and for the word "fifteen" in he Exception the word "thirteen" had been substituted. • • • • • • • "JIll of 19!a t. Section 7 of the Delhi Laws Act, t912, the Ajmer-Merwara Repeal. aDd XII of 1N7. (Extension of Laws) Act, 1947, and any law which immediately Savinp. before the commencement of this Act is in force in any of the States of Manlpur, Trlpura and Vindhya Pradesh and corresponds to an Aet or Ordinance extended to that State by this Act, are hereby repealed: Provided that the repeal shall not atfect- (a) the previous operation of any such law, or (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law, or (c) any investigation, legal proceeding or remedy in res- pect of any such penalty, forfeiture or punishment, and any such investigation, legal prceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment mav bp. imposed, as if this Act had not been passed: S "6 Provided further that, subject to the preceding proviso, any- thing done or any action taken, including any aJlkx>intment or delegation made, notification. order, instruction or direction issued, rule, regulation, from, ~y.e-law or scheme framed, certifi- cate, patent, permit or licence granted or registration effected, under such law shall be deemed to have been done or taken under section 2 or, as the case may be, under the corresponding provi- sion of the Act or Ordinance as nBW extended to the State by sec- tion 3, and shall continue in force accordingly, unless and uDtil superseded by anything done or any action taken under tbe said section 2 or, as the case may be, under the said Act or OrdiBance. THE SCHEDULE [See section 3 (2)] Acts not extended to Manipur by lection 3 of tllis Act. Year No. Short title. 11166 XXI. The Native Convert'a Marriale Dissolution Act. 1866. 1873 XV The Indian Christian Marriage Act. J87a. 187)- X The lndllD.Oatba Act. 1873. 1874 III The Married Women'. Property Act. 1874. 1879 XVUl The Legal Practitionen Act. 1879. 18b IV Tile Tranafer of..Property A!;t. 1882., .J887 VII llao Suit, Valuation Act •. 1887. V The' c..cw ~ CrImiIlaI' PIDcedure. ,1898. 1908 V The CucIe ofa.n· Pmcectiue, ltoB. -I92S xXxiX The IJUtiID Saoceilloo AI::t. J'9IIJ. ..:..l., '.~ LOK SABHA - A BILL further to amend the Part C States (Laws) Act, 19S0, for the purpose of extending certain Acts to the State of Manipur. (Shri Gouind Ballabh Pant, Minbter of HorM Affairs) .