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fue ho fto 221 


REGISTERED No . D . 772 


WRC USIKT 
The Gazette of Fadia 


प्रसाधारण 
EXTRAORDINARY 

TT II - 73 - Tetor ( 1 ) 
PART II – Section 3- Sub -section (1) 

प्राषिकार से प्रकाशित 
PUBLISHED BY AUTHORITY 


#o 2 08] 
No. 206 ) 


freet, TETT, TERT 30 , 1988 / 

7 8 , 1890 
NEW DELHI, WEDNESDAY, OCTOBER 30 , 1968/KARTIKA 8, 1890 


इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कियहप्रलग संकलनकेपमें रखा जा सके । 


Separate paging is given to this part in order that it may be Alled 

26 A toparate compilation . 


m 


THE BUNLARABAPRO 


MINISTRY OF LAW 
(Legislative Department) 

ORDERS 

New Delhi, the 30th October 1968 
THE PUNJAB REORGANISATION AND DELHI HIGH 
COURT (ADAPTATION OF LAWS ON UNION 

SUBJECTS ) ORDER , 1968 
G . S . R . 1944 . - WHEREAS by section 89 of the Punjab Reorganisations 
Act, 1966 ( 31 of 1966 ), the Central Government is empowered , by 
Order, to make such adaptations and modifications of any law made 
before the 1st day of November , 1966 , relating to a matter in List I 
in the Seventh Schedule to the Constitution , as may be necessary or 
expedient for the purpose of facilitating the application of such law 
in relation to the State of Punjab or Haryana or to the Union terri-. 
tory of Himachal Pradesh or Chandigarh ; 

( 577 ) 


378 


THE GAZETTE OF INDIA EXTRAORDINARY 


[Part II 


- 


AND WHEREAS by section 21 of the Delht High Court Act, 1986 
(26 of 1960), the Central Government is empowered , by Order , to 
make such adaptations and modifications of any law , as may be 
necessary or expedient to give effect to the provisions of that Act 
in relation to the Union territory of Delhi or Himachal Pradesh ; 

Now , THEREFORI, in exercise of the powers conferred by section 
89 of the Punjab Reorganisation Act, 1960 ( 31 of 1966 ), and section 
21 of the Delhi High Court Act, 1968 (20 of 1966 ), the Central Gov . 
ernment hereby makes the following Order , namely : 

1. ( 1) Thig Order may be called the Punjab Reorganisation and 
Delhi High Court (Adaptation of Laws on Union Subjects ) Order , 
1968 . 

( 2 ) It shall be deemed to have come into force on the 1st day 
of November , 1980 . 

2. The General Clauses Act, 1897 , applies for the interpretation 
of this Order as it applies for the interpretation of a Central Act. 

3. The laws mentioned in the Schedule to thig Order shall, until 
altered , repealed or amended by a competent legislature or other 
competent authority , have effect subject to the adaptations and 
modifications directed by that Schedule . 


THE SCHEDULE 


THE INDIAN STAMP Act, 1800 


( 2 OE 1899 ) 


Section 57. - In sub -section ( 1), 


(i) for clause (b ), substitute 

" (b ) if it arises in the Union territory of Delhi, to the 
High Court of Delhi; 

( bb ) if it arises in the Union territory of Hipachal Pra 
desh , to the High Court of Punjab and Haryana up to and 
inclusive of the 30th April, 1967 , and to the High Court of 
Delhi thereafter ;" ; 


( ii ) aftor clause ( e ), insert 

" ( ce) if it arises in the Union territory of Chandigarh , 
to the High Court of Punjab and Haryone." . 


SEC . 3 (1)] THE GAZETTE OF INDIA EXTRAORDINARY 

_ 579 
THE INDIAN PATENTS AND DESIGNS ACT, 1911 

(2 OF 1911) 
Section 2.- - In clause (7), 
(i) for sub -clause (b ), substitute 

" ( b ) in relation to the Union territory of Delhi, the 
High Court of Delhi; 

(bb ) in relation to the Union territory Himachal Pra 
desh , the High Court of Punjab and Haryana up to and 
inclusive of the 30th April, 1967 , and the High Court of 
Delhi thereafter ;" ; 
( ii ) after sub -clause ( e), insert 

" ( ee ) in relation to the Union territory of Chandigarh , 
the High Court of Punjab and Haryana;" . 
THE INDIAN RED CROSS SOCIETY ACT, 1920 

(15 OF 1920 ) 

THE SECOND SCHEDULD 
(i) after the entry relating to Gujarat, insert 

" Haryana.... . . . . . 3.20 " ; 
( ii) in the entry relating to Punjab , for " 8.58 " substitute " 4. 70" ; 
( iii ) after the entry relating to Jammu and Kashmir , insert 

" Chandigarh . . . . . . 0.05 ” ; 
( iv ) in the entry relating to Himachal Pradesh , for " 0.56 " substi 

tute " 1. 19 " . 
THE RESERVE BANK OF INDIA Act, 1934 

(2 OF 1934 ) 
" The First Schedule -- 

In paragraph 3, for " Punjab ” , substitute " Punjab , Haryana 
and before " Himachal Pradesh ” , insert " Chandigarh " . 


THE INDIAN NURSING COUNCIL Act, 1947 


(48 OF 1947 ) 


Section 3 . - In sub -section ( 1 ),- - 

( 1) in clause ( g), in sub - clause (i), dor " and Uttar Pradesh " , 
substitute " Uttar Pradesh and Haryana " ; 

(2 ) in clause (m ), in sub -clause (i), for " and West Bengal" , 
substitute "West Bengal and Haryana" . 


580 


THE GAZETTE OF INDIA EXTRAORDINARY 


[PART II 


THE FARIDABAD DEVELOPMENT CORPORATION ACT, 1956 

(90 OF 1956 ) 


Section 2 . - In clause ( c), for " Punjab ” , substitute " Haryana " . 


THE WEALTH TAX ACT, 1957 

(27 OF 1957) 


Section 29B . — ( 1) For clause (ii), substitute 

" ( ii ) in relation to the Union territory of Delhi, the High 
Court of Delhi; 

(ila ) in relation to the Union territory of Himachal Pradesh , 
the High Court of Punjab and Haryana up to and inclusive of 
the 30th April , 1967 and the High Court of Delhi thereafter;" . 
(2 ) After clause ( vii), insert 

" (viii ) in relation to the Union territory of Chandigarh , the 
High Court of Punjab and Haryana ." . 


THE GIFT TAX ACT, 1958 

( 18 OF 1958) 
Section 28B .- -( 1) For clause ( ii ), substitute 

" (ii ) in relation to the Union territory of Delhi, the High 
Court of Delhi; 

( iia ) in relation to the Union territory of Himachal Pradesh , 
the High Court of Punjab and Haryana up to and inclusive of 
the 30th April , 1967 and the High Court of Delhi thereafter;" . 
(2 ) After clause (v ), insert 

" (va ) in relation to the Union territory of Chandigarh , the 
High Court of Punjab and Haryana ." . 


THE INCOME-TAX Act, 1961 

(43 of 1961) 
Section 269. - ( 1) For clause ( ii), substitute 

" (ii) in relation to the Union territory of Delhi, the High 
Court of Delhi; 

( tia ) in relation to the Union territory of Himachal Pradesh , 
the High Court of Punjab and Haryana up to and inclusive of 
the 30th April, 1967 and the High Court of Delhi thereafter ;" . 


& ec. 3 (1) ] 


THE GAZETTE OF INDIA EXTRAORDINARY 


581 


( 2 ) After clause (2 ), insert 

" (va ) in relation to the Union territory of Chandigarh , the 
High Court of Punjab and Haryana." . 
THE WAREHOUSING CORPORATIONS (SUPPLEMENTARY ) ACT , 1965 

( 20 OF 1965 ) 
The Schedule. For " Punjab ” , substitute 

" Punjab , as it existed immediately before the 1st Novem 
ber , 1966 " . 

[ No. F . 19(5)/ 67-LI.] 

V . N . BHATIA , Secy . 
THE PUNJAB REORGANISATION (CHANDIGARH ) 
(ADAPTATION OF LAWS ON STATE AND 

CONCURRENT SUBJECTS ) ORDER , 1968 


G . S .R . 1945 . - WHEREAS by section 89 of the Punjab Reorganisation 
Act, 1966 ( 31 of 1966 ), the Central Government is empowered , by 
Order , to make such adaptations and modifications of any law made 
before the 1st day of November , 1966 , relating to a matter in List II 
or List III in the Seventh Schedule to the Constitution , as may be 
necessary or expedient for the purpose of facilitating the application 
of such law in relation to the Union territory of Chandigarh ; 


Now , THEREFORE , in exercise of the powers conferred by the said 
section 89, the Central Government hereby makes the following 
Order, namely : 


1. ( 1) This Order may be called the Punjab Reorganisation 
( Chandigarh ) ( Adaptation of Laws on State and Concurrent Subjects ) 
Order , 1968 . 


(2 ) It shall be deemed to have come into force on the 1st day of 
November , 1966 . 


2. ( 1) In this Order, 

(a ) " appointed day " means the 1st day of November, 1966; 

(6 ) " existing law " means any State Act or Provincial Act 
in force immediately before the appointed day in the whole or 
any part of the territories now comprised in the Union territory 
of Chandigarh and includes any rule , order , bye-law , scheme, 
notification or other instrument made under such State Act or 
Provincial Act, but does not include any law relating to a matter 
enumerated in the Union List ; 


582 


THE GAZETTE OF INDIA EXTRAORDINARY 


[PART II 


( c ) " law " has the same meaning as in clause (g ) of section 2 
of the Punjab Reorganisation Act, 1966 . 

(2 ) The General Clauses Act, 1897, applies for the interpretation 
of this Order as it applies for the interpretation of a Central Act . 


3. As from the appointed day , the existing laws and the Central 
Acts mentioned in the Schedule to this Order shall , until altered, 
repealed or amended by a competent Legislature or other competent 
authority , have effect subject to the adaptations and modifications 
directed by the Schedule or , if it is so directed , shall stand repealed . 

4 . Whenever an expression mentioned in column 1 of the Table 
hereunder printed , occurs (otherwise than in a title or preamble or 
in a citation or description of an enactment) in an existing law , 
whether an Act mentioned in the Schedule to this Order or not, 
then , in the application of that law to the Union territory of Chandi 
garh , or as the case may be , to any part thereof, unless that expreg 
gion is by this Order expressly directed to be otherwise adapted or 
modined or to be omitted , or unless the context otherwise requires , 
there shall be substituted therefor the expression set opposite to it 
in column 2 of the said Table , and there shall also be made in any 
sentence in which that expression occurs, such consequential amend 
ments as the rules of grammar may require . 


TABLE 


( 1) Punjab State ; 

State of Punjab ; 
whole of Punjab State ; 
whole of the State of Punjab 
or Punjab where it refers 
to the State of Punjab , 


Union territory of Chandigarh . 


(3) Punjab Government ; 

Government of Punjab ; 
Government of the State 

CentralGovernment, 
of Punjab ; 
State Government ; 

State Government of Punjab . ) 
(3 ) High Court of Puojab ; 

High Court of Punjab and Haryana . 
Punjab High Court. 

8 . Where this Order requires that in any specified law , or in any 
section or other portion of such law , certain words shall be substitut 
ad for certain other words, or that certain words shall be omitted , 


SEC. 3 (1) ] 


THE GAZETTE OF INDIA EXTRAORDINARY 


883 


T 


! 


that substitution or omission , as the case may be , shall , except where 
it is otherwise expressly provided, be made wherever the words 
referred to occur in that law or, as the case may be, in that section 
or portion . 


6 . The provisions of this Order which adapt or modify any law 
so as to alter the manner in which , the authority by which , or the 
law under, or in accordance with , which , any powers are exercisable , 
shall not render invalid any notification , order, licence, permission , 
award , commitment, attachment, bye- law , rule or regulation , duly 
made or issued , or anything duly done, before the appointed day ; 
and any such notification , order, licence , permission , award , commit 
ment, attachment, bye -law , rule, regulation or thing may be revoked , 
varied or un done in like manner, to the like extent and in the like 
circumstances as 11 it had been made , issued or done after the 
commencement of this Order by the competent authority and under 
and in accordance with the provisions then applicable to such a cage . 


THE SCHEDULE 


Part 1. - Contral Acts 


TH INDIAN DIVORCI Act, 1869 

(4 OF 1869 ) 


Section 3.-- In clause (1), after sub-clause (e) insert.-- 


Ce 


" ( ee ) in 
Haryana ;" . 


Chandigarh , the High 


Court of Punjab and 


THE INDIAN STAMP ACT, 1899 


(2 or 1899) 
Section 57 . - In sub -section ( 1), after clause ( e ) insert, — 

" ( ee ) if it arises in the Union territory of Chandigarh , to the 
High Court of Punjab and Haryana.” . 


Part II. - Punjab Acts 
TH PUNJAB TENANCY ACT, 1887 


(PUNJAB ACT 16 or 1887) 


Section 1 .- - For sub -section (2 ), substitute 

" (2 ) It extends to the Union territory of Chandigarh ." . 


584 


THE GAZETTE OF INDIA EXTRAORDINARY 


[PART II 


THE PUNJAB LAND REVENUE Act , 1887 

(PUNJAB Act 17 OF 1887 ) 
Section 1. - For sub -section (2 ), substitute 
" (2 ) It extends to the Union territory of Chandigarh ." . 

THE PUNJAB MUNICIPAL ACT, 1911 

(PUNJAB ACT 3 OF 1911) 
Section 1. - For sub -section (2), substitute 

" (2 ) It extends to the Union territory of Chandigarh ." . 


Section 33.- - In gub - section ( 1 ) , in clauses (a ) and (b ) , omit the 
figures " 105 ” . 


Omit sections 103, 104 , 105 , clause (m ) of section 188 and section 
198 . 


THE PUNJAB MEDICAL REGISTRATION ACT , 1916 

(PUNJAB ACT 2 OF 1916 ) 
Section 5 . - In sub -section ( 1), – 

(i) for " eleven " substitute " five " ; 
( ii) omit clause (b ) ; 
(iii ) in clause (d ), for " Three " substitute " Two" ; 
( iv ) in clause ( e), for " Two" substitute " One " . 


After section 5 , insert 


" 5A . Punjab Medical Council to function temporarily in the 
Union territory of Chandigarh . - Notwithstanding anything con 
tained in section 5 , on or after the 1st November, 1966 and until 
a separate Medical Council is established for the Union territory 
of Chandigarh , the powers to be exercised and the duties to be 
performed by the Council, by or under the provisions of this Act 
or of any other law for the time being in force, shall, subject to 
the control of the Administrator of the Union territory of 
Chandigarh , be exercised and performed by the Medical Council 
established for the State of Punjab , in respect of the medical 
practitioners in the Union territory of Chandigarh ." . 

Section 11.-- For " Punjab Medical Register " , substitute " Chandi 
garh Medical Register " . 


Section 12 ,- - For " slx " , substitute " three " . 


Sec. $ (i)] 


THE GAZETTE OF INDIA EXTRAORDINARY 


585 


Section 13. - FOT " Punjab Medical Register " , substitute " Chandi 
garh Medical Register " . 


THE PUNJAD COURTS ACT, 1918 

(PUNJAB ACT 6 OF 1918 ) 
Section 51. – For " and after the commencement of the Constitu 
tion , as referring to the High Court of Punjab " , substitute " after 
the commencement of the Constitution and before the 1st day of 
November , 1966 , as referring to the High Court of Punjab and on 
and from that date, as referring to the High Court of Punjab and 
Haryana " , 

THE PUNJAB TOWN IMPROVEMENT ACT, 1922 

(PUNJAB ACT 4 OF 1922 ) 
Section 49 . - In sub -section ( 1), omit the figures " 103 " and " 104 " . 


THE PUNJAB LEGISLATIVE ASSEMBLY (ОFFICES ) Act, 1939 

(PUNJAB Act 7 OF 1939 ) 
This Act shall stand repealed . 
THE PUNJAB LEGISLATIVE ASSEMBLY ( ALLOWANCES OF MEMBERS) ACT, 

1942 

(PUNJAB ACT 4 OF 1942 ) 
This Act shall stand repealed . 
THE PUNJAB GENHRAL SALES Tax Act, 1948 

(PUNJAB ACT 46 OF 1948 ) 
Section 30 .- Omſt sub -section (3). 

THE EAST PUNJAB CHILDREN ACT, 1949 

(EAST PUNJAB ACT 39 OF 1949 ) 
Section 74. - For sub -section (3), substitute 

" (3 ) The power to make rules under this Act shall be subject 
to the condition of previous publication ." . 
THE PUNJAB STATE LEGISLATURE (PREVENTION OF DISQUALIFICATION ) 

ACT , 1952 


(PUNJAB Act 7 OF 1952 ) 
This Act shall stand repealed. 
THE CAPITAL OF PUNJAB (DEVELOPMENT AND REGULATION ) ACT, 1952 


586 


THE GAZETTE OF INDIA EXTRAORDINARY 


[PART II 


(PUNJAB Act 27 OF 1952) 
Section 1. – For sub -section (2 ), substitute 

" (2 ) It extends to the City of Chandigarh which shall com 
prise the areas of the site of the capital of Punjab as notified by 
the Government of Punjab before the 1st November , 1968 and to 
such areas as may be notified by the Central Government from 

time to time." . 
Section 2 . - For clause ( d ), substitute 

(d ) " Chandigarh " means the areas to which this Act 
extends ;". 
Section 7A .- Omit sub -section ( 5 ). 
Section 22 . - Omit sub -section (3 ). 
THE PUNJAD Now CAPITAL (PARIPHERY ) CONTROL ACT, 1952 

(PUNJAB ACT 1 OF 1953 ) 
Section 1. -- For sub - section (2 ), substitute 

" ( 2 ) It extends to the whole of the Union territory of 
Chandigarh except the areas to which the Capital of Punjabi 
(Development and Regulation ) Act, 1952 (27 of 1952 ), extends ." . 
Section 2. - For clause ( 4), substitute 

( 4) " Commissioner " means any person for the time being 
appointed by the Administrator of the Union territory of Chandi 
garh by notification in the Official Gazette , to perform all or any 
of the functions of the Commissioner under this Act." , 

Section 9. - In sub -section ( 3), for " development of the capital of 
the State at Chandigarh " substitute " development of Chandigarh am 
a capital" . 
Section 16 . — In sub -section ( 1), 

(t) for " conditions" , substitute " condition " ; 

(ii) omit " and all such ruleg shall, as soon as may be possi 
ble , be laid before the Legislature for a period of fourteen days " . 
THE PUNJAB ENTERTAINMENTS TAX ( CINEMATOGRAPH SHows) ACT, 1954 

(PUNJAB Act 8 OF 1954) 
Section 19 . — Omlt sub -section (3 ). 
TH PUNJAB LAND REVENUE ( SURCHARGE ) ACT, 1954 

(PUNJAB ACT 36 OF 1954) 
Section 1. – Tor sub -section ( 2 ), substitute 

“ (2 ) It extends to the Union territory of Chandigarh ." . 


Szc . 3 (1)] 


THE GAZETTE OF INDLA EXTRAORDINARY 


587 


TA 


THE PUNJAB PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS) Act, 

1955 

(PUNJAB ACT 9 OF 1955 ) 
This Act shall stand repealed. 
THE PUNJAS ENTERTAINMINTS DUTY Act , 1955 

( PUNJAB ACT 18 of 1955 ) 
Section 3. - Omit sub -section (4 ). 
Section 20 . - Omit sub -section ( 3). 
THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS Act , 1958 

(PUNJAB ACT 15 OF 1958 ) 
For the Schedule, substitute - 

" SCHEDULE 

[See section 1 ( 4 )] 
District 

Name of local area 
1. Chandigarh 

I. Chandigarh 

2. Mant Migra ." . 
THL PUNJAB WEIGHTS AND MEASURES ( ENFORCEMENT) ACT, 1958 

(PUNJAB ACT 22 OF 1958 ) 
Section 44 .— Omit sub -section (5 ). 
Typ PUNJAB WILD LIFE PRESERVATION ACT, 1959 

( PUNJAB ACT 14 OF 1959 ) 
In Schedule I, omit 

“ N .B . The capture of Hawks and Falcons in the Kangra District 
including Kulu , is governed by the Forest Act and the rules 
thereunder . 

Subject , in the Kangra District, to the rules published in Punjab 
Government notification No. 1392 -S (Forests ), dated the 5th , 
September , 1910 ." . 

THE PUNJAB PRIMARY EDUCATION ACT, 1960 

(PUNJAB ACT 39 OF 1960 ) 
Section 22. - Omit sub -section ( 3). 
THE PUNJAB COMPULSORY SERVICE Act, 1961 

(PUNJAB ACT 3 OF 1961 ) 
Section 8 . — Omit sub -section (2 ). 

THE PUNJAB FRUIT NURŞKRIES ACT, 1961 

(PUNJAB ACT 13 OF 1901) 
Section 19 . - Omit sub -section (4 ). 


588 


THE GAZETTE OF INDIA EXTRAORDINARY 


[PART II 


NJAB 


AGE 


MO 


THE PUNJAB VILLAGE COMMON LANDS (REGULATION ) ACT, 1961 

(PUNJAB ACT 18 OF 1961 ) 
Section 2. 

(i) for clause (bb ), substitute 

(bb ) " hilly area" means the Mani Majra block of the 
Union territory of Chandigarh ; ; 
( ii ) in clause (9), omit sub -clause (vii); 

(iii) in clause (h ), omit sub- clause (ii ). 
" THE PUNJAB SLUM AREAS ( IMPROVEMENT AND CLEARANCE ) ACT , 1961 

(PUNJAB ACT 24 OF 1981) 


Section 40 . - Omit sub -section (3 ). 


THE PUNJAB CO -OPERATIVE SOCIETIES ACT, 1961 

(PUNJAB ACT 25 OF 1961) 


Section 85 . — Omit sub- section ( 3 ). 


THE PUNJAB COMMERCIAL CROPS Cess Act , 1983 


(PUNJAB Act 12 OF 1963 ) 


Section 11 . - Omit sub - section (3). 


THE PUNJAB ANATOMY Act, 1963 


TOM 


(PUNJAB ACT 14 OF 1963) 


Section 10 . — Omit sub - section ( 3 ). 


THE PUNJAB LAND IMPROVEMENT SCHEMES Act, 1963 

(PUNJAB ACT 23 OF 1963 ) 


Section 30 . — Omit sub -section ( 3 ). 


THE PUNJAB Thur AND Sem LANDS (RECLAMATION ) ACT , 1963 

( PUNJAB ACT 25 OF 1963) 


Section 21. - Omit sub -section (3 ). 


SEC. 3 (1)] 


THE GAZETTE OF INDIA EXTRAORDINARY 


58 gou 


THE PUNJAB SCHEDULED ROADS AND CONTROLLED AREAS RESTRICTION OF 

UNREGULATED DEVELOPMENT ACT, 1963 

( PUNJAB ACT 41 OF 1963 ) 
Section 23. — In sub -section ( 1), omit clauses (6 ) and ( d ). 
For the Schedule, substitute 


" THE SCHEDULE 


[ See sections 2 ( 10 ) and 18 ] 
( 1) Chandigarh -Rupar Road ." . 
THE PUNJAB DRAMATIC PERFORMANCES ACT, 1964 

(PUNJAB Act 10 of 1964 ) 
Section 13 . — Omit sub -section (2 ). 


THE PUNJAB ANCIENT AND HISTORICAL MONUMENTS AND ARCHAEOLOGICAL 

SITES AND REMAINS ACT , 1964 

(PUNJAB ACT 20 OF 1964 ) 
Section 38. -- Omit sub -section (4 ). 


THE PUNJAB INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL 
HOLIDAYS AND CASUAL AND SICK LEAVE ) ACT, 1965 

(PUNJAB ACT 14 OF 1965 ) 


Section 15 . - Omit sub- section (4 ). 


[No, F. 19 (5 ) 67 -LI.] 


THE HIMACHAL PRADESH (ADAPTATION OF LAWS ON STATE 

AND CONCURRENT SUBJECTS ) ORDER , 1968 
G .Ş.R . 1946 . - -WHEREAS by section 89 of the Punjab Reorganisation 
Act , 1966 ( 31 of 1966 ) , the Central Government is empowered , by Order , 
to make such adaptations and modifications of any law made before the 1st 
day of November , 1966 , relating to a matter in List II or List III in the 
Seventh Schedule to the Constitution , as may be necessary or expedient for 
the purpose of facilitating the application of such law in relation to the 
Union territory of Himachal Pradesh . 

AND WHEREAS by section 21 of the Delhi High Court Act, 1966 ( 26 of 
1966 ) , the Central Government is empowerod , by Order, to make such 
adaptations and modifications of any law , as may be necessary or expedient 
to give effect to the provisions of that Act in relation to the Union territory 
of Delhi or Himachal Pradesh : 


390 


THE GAZETTE OF INDIA EXTRAORDINARY 


[PART II 


Now , THEREFORE, in exercise of the powers conferred by section 89 of 
the Punjab Reorganisation Act , 1966 ( 31 of 1966 ) , and section 21 of the 
Delhi High Court Act, 1966 (26 of 1966 ), the Central Government hereby 
makes the following Order , namely : — . 

1. ( 1 ) This Order may be called the Himachal Pradesh ( Adaptation 
of Laws on State and Concurrent Subjects ) Order, 1968. 


( 2 ) It shall be deemed to have come into force on the 1st day of 
Novembor, 1966 . 


2. ( 1) In this Order, 

(a ) " appointed day" means the 1st day of November, 1966 ; 

(b ) " existing law ” means any State Act or Provincial Act in 
force immediately before the appointed day in the whole or any part 
of the territories specified in sub-section ( 1) of section 5 of tho Punjab 
Reorganisation Act, 1966, and comprised in the Union territory of 
Himachal Pradesh , and includes any rule , order, bye-law , scheme, 
notification or other instrument made under such State Act or Pro 
vincial Act, but does not include any law relating to a matter enumer 
ated in the Union List; 

( c ) " law " has the same meaning as in clause ( g ) of section 2 
of the Punjab Reorganisation Act , 1966 . 


( 2 ) The General Clausos Act, 1897, applies for the interpretation of 
this Order as it applies for the interpretation of a Central Act. 


3 . As from the appointed day, the existing laws and the Central Acts 
mentioned in the Schedule to this Order shall, until altered , repcaled or 
amended by a competent legislature or other competent authority , have 
effect subject to the adaptations and modifications directed by the Schedule 
or, if it is so directed , shall stand repealed . 


4 . Whenever an expression mentioned in column 1 of the Table here 
runder printed occurs (otherwise than in a title or preamble or in a citation 
or description of an enactment) in an existing law , whether an Act 
mentioned in the Schedulo to this Order or not, then , in the application of 
that law to the Union territory of Himachal Pradesh or , as the case may 
ibe , to any part thereof, unless that expression is by this Order expressly 
directed to be otherwise adapted or modifiod , or to be omitted , or unless 
the context otherwise requires, there shall be substituted therefor the ex 
pression set opposite to it in column 2 of the said Table , and there shall 
also be made in any sentence in which that expression occurs, such con 
sequential amendments as the rules of grammar may require . 


SEC. 8 (i) ] 


THE GAZETTE OF INDIA EXTRAORDINARY 


591 


TABLE 


Thc territories specified in sub 

section ( 1 ) of section 5 of the 
Punjab Reorganisation Act , 
1966 . 


The Punjab State , 
The State of Punjab , 
The whole of Punjab State , 
The whole of the State of 

Punjab , 
Or Punjab or the Punjah 

where it refers to the State of 

Punjab . 
Punjab Government, 
Government of Punjab , 
State of Government of Punjab , 
Government of the State of 

Punjab , 
State Government. 


Central Governnient. 


5 . Where thig Order requires that in any specified law , or in any section 
or other portion of such law , certain words shall be substituted for certain 
other words, or that certain words shall be omitted , that substitution or 
omission , as the case may be, shall, except whero it is otherwise expressly 
provided , be made wherever the words referred to occur in that law or, as 
the case may be, in that section or portion . 


6 . Any reference in any existing law to the Legislature of the State ( or 
any House or Houses thereof ) shall be construed as a reference to the 
Legislative Assembly of the Union territory of Himachal Pradesh . 


7 . Any reference in any existing law to the High Court of Punjab sball 
be construed 

(i) as respects any period between the 1st day of November, 
1966 , and the 30th day of April, 1967 ( both days inclusive ) as a 
reference to the Court of the Judicial Commissioner for Himachal 
Pradesh , and 

( it ) as rospects any period after the 30th day of April, 1967, as a 
reference to the High Court of Delhi. 

8 . The provisions of this Order which adapt or modify any law so as to 
alter the manner in which , the authority by which or the law under or in 
accordance with which , any powers are exercisable , shall not render invalid 
any notification , order, licence , permission , award , commitment, attachment, 
bye -law , rule or regulation , duly made or issued , or anything duly done 


592 


THE GAZETTE OF INDIA EXTRAORDINARY 


[Part II 


before the appointed day , and any such notification , order, licence, permis 
sion , award , commitment, attachment, bye -law , rule , regulation or thing 
may be revoked, varicd or undone in like manner, to the like extent and 
in the like circumstances as if it had been made, issued or done after the 
commencement of this Order by the competent authority and under and 
in accordance with the provisions then applicable to such a case . 


THE SCHEDULE 


( See paragraph 3 ) 


Part I. – Central Acts 


THE INDIAN DIVORCE ACT , 1869 

(4 OF 1869 ) 
Section 3 . - In clause ( 1 ), for sub -clause ( b ) substitute 


" (b ) in Delhi, the High Court of Delhi; 


( bb ) in Himachal Pradesh , the High Court of Punjab and 
Haryana up to and inclusive of the 30th April, 1967 and the High 
Court of Delhi thereafter;" . 


THE INDIAN STAMP ACT, 1899 

(2 OF 1899 ) 
Section 57 . - In sub - section ( 1 ) , for clause ( b ) substitute 


" (b ) if it arises in the Union territory of Delhi, to the High : 
Court of Delhi; 

( bb) if it arises in the Union territory of Himachal Pradesh , ton 
the High Court of Punjab and Haryana up to and inclusive of the 30th 
April , 1967, and to the High Court of Delhi thereafter;" . 


Part II . - Punjab Acts 


The PUNJAB DISTRICT BOARDS ACT , 1883 

( PUNJAB ACT 20 of 1883 ) 
Section 1. - In sub -section ( 2 ) for the State of Punjab and Delhi”! 
substitute " the territories specified in sub -section ( 1 ) of section 5 of the 
Punjab Reorganisation Act, 1966 " . 


Sec. 8 (i) ] 


THE GAZETTE OF INDIA EXTRAORDINARY 


593 


C 


AWSW 


Section 6 .- Omit clause (6a ). 


THE PUNJAB TENANCY ACT, 1887 

(PUNJAB ACT 16 OR 1887) 
Section 1. - For sub - section ( 2 ) substitute 

“ ( 2 ) It extends to the territories specified in sub -section ( 1) of 


section 5 of the Punjab Reorganisation Act, 1966 ," . 


THE PUNJAB LAND REVENUT ACT, 1887 

( PUNJAB ACT 17 OF 1887 ) 
Section 1.- In sub -section ( 2 ) for " It extends to the territories adninis 
terod by the State Government of Punjab including the pargana of Spiti," 
substitute “ It extends to the territories specified in sub - section ( 1 ) of 
section 5 of the Punjab Reorganisation Act, 1966 ," . 


THE PUNJAB GENERAL. CLAUSES ACT , 1898 ( PUNJAB ACT 1 OF 1898 ) 


Section 2 . -- In clause ( 19 ) , for “ Punjab ” substitute 
desh " . 


" Himachal Pra 


The PUNJAB MUNICIPAL ACT, 1911 

( PUNJAB ACT 3 OF 1911 ) 


Section 1. – For sub - section ( 2 ) substitute 


" ( 2 ) It extends to the territories specified in sub -section ( 1 ) of 
section 5 of the Punjab Reorganisation Act, 1966." . 


THE REDEMPTION OF MORTGAGES ( PUNJAB ) ACT, 1913 


( PUNJAB ACT 2 OF 1913 ) 


Section 1. - In sub -section ( 3 ) omit the proviso . 


THE PUNJAB IMPROVEMENT ACT, 1922 . 

( PUNJAB ACT 4 OF 1922 ) 


Section 1 .-- - For sub- section ( 2 ) substitute 


" ( 2 ) It extends to the territories specified in sub - section ( 1 ) of 
Section 5 of the Punjab Reorganisation Act, 1966 ." . 


594 


THE GAZETTE OF INDIA EXTRAORDINARY 


[PART II 


THE PUNJAB BORSTAL Acr, 1926 

( PUNJAB ACT 11 OF 1926 ) 
Omit section 36 . 


THE PUNJAB DISTRICT BOARDS ( Tax - VALIDATING ) ACT , 1927 

( PUNJAB ACT 3 OF 1927 ) 


For the Schedule substitute 


“ THE SCHEDULE 


District Board 


Notification 


Sijnla 

No , 4412 , dated 17th February 1925 . 
Kangra 

No. 26352, dated 25th November, 1924 

and No. 12527 , dated 21st April, 1926 ." 
THE PUNJAB REGISTRATION VALIDATING ACT , 1930 

(PUNJAB ACT 2 OF 1930 ) 
Schedule . - Omit the entries relating to Ambala , Jullundur and Ferozepur. 

THE PUNJAB MUNICIPAL ( EXECUTIVE OFFICER ) ACT , 1931 


UNJAB 


AL 


IDAT 


4 


( PUNJAB ACT 2 OF 1931 ) 
Section 7 .- For the words “ Department of Public Instruction ” sub 
stitute “ Education Department" . 
The PUNJAB SMALL TOWNS ( Tax- VALIDATING ) ACT, 1934 

(PUNJAB ACT 3 OF 1934 ) 
Schedule. - -Omit the entries relating to Alawalpur . 
THE PUNJAB STATE AID TO INDUSTRIES ACT , 1935 

(PUNJAB ACT 5 OF 1935 ) 
Section 2 . 

(i) In clause ( 4 ) , for “ Punjab" substitute " Himachal Pradesh " ; 

( ii ) in clause ( 7) , for “ State " substitute " territories to which this 
Act extends" , 
Section 3. - In sub -section ( 1) -- 

For clauses ( a ) to ( 8 ) ( excluding the provisos ) substitute 

" ( a ) Minister- in -charge of Industries, Himachal Pradesh ; 

(b ) the Director of Industries, Himachal Pradesh ; 

(c ) three members to be appointed by the Central Gov 
ernment one of whom shall be a non -official member representing 
cottage and small- scale industries of Himachal Pradesh ; 


SEC . $ (1)] 


THE GAZETTE OF INDIA EXTRAORDINARY 


595 


(d ) threo members to be elected by the Legislative Assembly 
of Himachal Pradesh from among members of that Assembly , 
election being in accordance with the principle of proportional 

representation by means of the single transferable vote :” . 
For section 4 , substitute 

“ 4 . Procedure in default of election of members. If by such date 
as may be fixed by the Central Government, the Legislative Assembly 
of Himachal Pradesh does not clect any member to be clected by it 
under the provisions of clause (d ) of section 3, the Central Govern 
ment shall appoint a member of that Legislative Assembly to be a 
member of the Board , and the member so appointed shall be deemed 
to be a member is if he had been duly elected by the Legislative 
Aggembly under that clause , 


Section 7 . — In sub -section ( 2 ), clause (a ) , omit the proviso . 


Section 9. – For " Punjab Legislative Assembly ” substitutc “ Himachal 
Pradesh Legislative Assembly " . 

Section 12. – For " State" substitute “ territories to which this Act 
extends " . 


Section 46 . - In sub -section ( 2 ), omit clause ( a ). . 


THE PUNJAB LEGISLATIVE ASSEMBLY (ОFFICES ) ACT, 1939 

(PUNJAB ACT 7 of 1939 ) 
This Act shall stand repealed . 


THE PUNJAB LEGISLATIVE ASSEMBLY ( ALLOWANCES OF MEMBERS ) 

ACT, 1942 


(PUNJAB ACT 4 OF 1942 ) 


This Act shall stand repealed . 


THE EAST PUNJAB MINISTERS SALARIES ACT, 1947 


( EAST PUNJAB ACT 6 OF 1947 ) 
This Act shall stand repcaled . 
The EAST PUNJAB LOCAL AUTHORITIES (RESTRICTION OF FUNCTIONS) 

ACT, 1947 

( EAST PUNJAB ACT 9 OF 1947 ) 
Section 3. - - For " the State " substitute " the territories to which this Act 
extends " , 


596 


THE GAZETTE OF INDIA EXTRAORDINARY 


[PART II 


The EAST PUNJAB REPUGEES REHABILITATION (LOANS AND GRANTS ) 

ACT, 1948 

(EAST PUNJAB ACT 2 OF 1948 ) 
Section 3 .-- In sub -section ( 1 ) for the State" substitute " the territories 
to which this Act extends " . 


THE EAST PUNJAB REFUGEES (REGISTRATION OF CLAIMS) ACT, 1948 . 

( EAST PUNJAB ACT 8 or 1948 ) 
Section 3. — For " State" substitute " territories to which this Act extends " . 
THE EAST PUNJAB MOLASSES (CONTROL ) ACT, 1948 

( EAST PUNJAB ACT 11 OF 1948 ) 
Section 2 . - In clause (b ) for " Punjab " substitute " Hiinachal Pra 
desh ” . 
THE EAST PUNJAB ( EXCHANGE OF PRISONERS ) ACT , 1948 

( EAST PUNJAB ACT 13 OP 1948 ) 
Section 12 . – For " in the State for offences committed within the State " 
substitute " in the territories to which this Act extends for offences commit 
ted therein " . 


THE EAST PUNJAB COTTON (STATISTICS ) Act, 1948. 


(EAST PUNJAB Act 23 OF 1948 ) 
Section 2 .- - In clause ( 2 ) for " Punjab " substitute “ Himachal Pradesh " . 
The East PUNJAB ENUMERATION OF DWELLINGS ACT, 1948 . 

(EAST PUNJAB ACT 24 of 1948 ) 


Section 3 .-- In sub -section ( 1 ) for " the State " substitute " the territories 
to which this Act extends" . 


The EAST PUNJAB TRACTOR CULTIVATION (RECOVERY OF CHARGES ) 

ACT, 1949. 
( EAST PUNJAB ACT 11 OF 1949 ) 


Section 2 .- In clauses ( b ) and ( d ) for " Punjab " substitute " Himachal 
Pradesh " . 


THE EAST PUNJAB IMPROVED SEEDS AND SEEDLINGS ACT, 1949 


( EAST PUNJAB ACT 19 OF 1949 ) 
Section 4A . -- For " the State" substitute " the territories to which this 
Act extends" . 


Sec . 3 (1)] THE GAZETTE OF INDIA EXTRAORDINARY 

597 
THE PUNJAB PROHIBITION OF SMOKING ( CINEMA AND THEATRE HALLS ) 

Act , 1951 


( PUNJAB ACT 8 OP 1951 ) 


Section 5 , - For " Punjab " substitute " Himachal Pradesh " . 


THE PUNJAB SUGARCANE (REGULATION OF PURCHASE AND SUPPLY ) ACT , 

1953 


( PUNJAB ACT 40 OF 1953 ) 


" the 


Section 2. - In clause ( 13 ) for " the State of Punjab " substitute 
territories to which this Act extends" . 


THE PUNJAB VACCINATION ACT, 1953 

( PUNJAB ACT 49 OF 1953 ) 
Section 11. – For " Punjab " substitute " Himachal Pradesh " . 


THE PUNJAB PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS ) 

ACT , 1955 

( PUNJAB ACT 9 OF 1955 ) 
This Act shall stand repealed . 


THE SALARIES AND ALLOWANCES OF DEPUTY MINISTERS, PUNJAB , ACT , 

1956 
( PUNJAB ACT 22 OF 1956 ) 


This Act shall stand repealed . 


THE PUNJAB MECHANICAL VEHICLES (BRIDGE TOLLS ) ACT, 1957 

(PUNJAB ACT 1 OF 1958 ) 


Section 2 . — In clause ( a ) omit " a bridge specified in the First Schedule 
annexed to this Act and ” and “ other”. 

Omit the First Schedule . 


THE PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958 . 

(PUNJAB ACT 15 OF 1958 ) 


The Schedule . — (i ) Omit entries against serial Nos. 1, 3, 4 , 5 , 6 , 7 , 8 , 9 , 
10 , 11 , 12 , 14 , 15 , 16 , 17 and 18 ; 


598 


TIL GAZETTE OF INDIA EXTRAORDINARY 


[PART II - EC, 3 (1) ] 


( ii) against serial No . 2 after entry No. 1 in column 2 , insert the follow 
ing entries : 

" 2. Kasauli 

3 . Dharampur 
4 . Sabathu 
5 . Dagshai 
6 . Nalagarh " ; 


( iii ) against serial No. 13 after entry No. 9 in column 2 , insert the 
following entry , namely : 
" 10 . Una" . 
THE PUNJAB PRIMARY EDUCATION ACT , 1960 

( PUNJAB ACT 39 OF 1960 ) 
Section 2 . Omit clause ( k ). 


THE TALWARA TOWNSHIP (PERIPHERY ) CONTROL Act, 1961 


( PUNJAB ACT 34 OF 1961) 
Section 2. - (i) In clause ( 3 ) omit sub -clause (« ) . 

( ii ) in clause (4 ) for " of the Sullundur division ” substitute " of Himachal 
Pradesh ” . 
THE PUNJAB SCHEDULED ROADS AND CONTROLLED AREAS RESTRICTION OF 

UNREGULATED DEVELOPMENT ACT , 1963 

( PUNJAB ACT 41 OF 1963 ) 
Section 2. — For clause (6 ), substitute-- 

" (6 ) " Director” means the Chief Engineer , Himachal Pradesh ;”. 
For the Schedule , substitute 

" THE SCHEDULE 

[See sections 2 ( 10 ) and ( 18 ) ] 
Chandigarh -— Rupar – Nangal — Una- Hoshiarpur - Tanda - Amritsar 
Road " . 


[No , F. 19 (5 ) 167LI.] 
V . N . BHATIA , Secy. 


PRINTET BY THE GENERAL MANAGER , GOVLTNNTENT OF INDIA PRESS, 
NEW DELHI AND PUBLISHED BY THE MANAGER OF T UELICATIONS, DELHI, 1968