The Union Territories (Laws) Act, 1950
Subject: General Law
Updated:
Study material for The Union Territories (Laws) Act, 1950
LIST OF ABBREVIATIONS USED
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The Union Territories (Laws) Amendment Act, 1956(68 of 1956). The Married Women’s Property (Extension) Act, 1959 (61 of 1959). ________ LIST OF ABBREVIATIONS USED Cl.,cls. . . . . . for Clause, clauses. S., ss. . . . . . ,, Section, sections Sch. . . . . . ,, Schedule. Subs. . . . . . ,, Substituted w.e.f. . . . . . ,, with effect from 2
THE UNION TERRITORIES (LAWS) ACT, 1950
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THE UNION TERRITORIES (LAWS) ACT, 1950 _________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Power to extend enactments to certain Union territories. Extension of laws to Tripura, Vindhya Pradesh and Manipur.
THE UNION TERRITORIES (LAWS) ACT 1950
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Section 1 — Short title and commencement
Section 2 — Power to extend enactments to certain Union territories
Section 3 — Extension of laws to Tripura, Vindhya Pradesh and Manipur
Section 4 — Repeals and Savings
THE UNION TERRITORIES (LAWS) ACT 1950 ACT NO. 30 OF 1950 [15th April, 1950.] 1 An Act to provide for the extension of laws to certain [Union territories.] BE it enacted by Parliament as follows:— 1 1. Short title and commencement.—(1) This Act may be called the [Union Territories] (Laws) Act, 1950. (2) It shall come into force on the 16th day of April, 1950. Power to extend enactments to certain Union territories.—The Central Government may, by 2 notification in the Official Gazette, extend to [the Union territory of Delhi, Himachal Pradesh, Manipur or Tripura or to any part of such territory], with such restrictions and modifications as it thinks fit, any 3 4 enactment which is in force in a [State] at the date of the notification, * * *. Extension of laws to Tripura, Vindhya Pradesh and Manipur.—(1) The Acts and Ordinances specified in the Schedule to the Merged States (Laws) Act, 1949 (59 of 1949), are hereby extended to, and shall be in force in, the States of Tripura and Vindhya Pradesh, as they are generally in force in the territories to which they extend immediately before the commencement of this Act. 6 [(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 of the Union Territories (Laws) Amendment Act, 1956 (68 of 1956), and shall with effect from that date, be amended to the manner and to the extent specified in the said Part.] (3) For the purpose of facilities the application in the said States of any such Act or Ordinance as aforeaid any Court or other authority may construe the Act or Ordinance with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the Court or other authority.
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against
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(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 respect of any such penalty, forfeiture or punishment, 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 Act had not been passed: Provided further that, subject to the preceding proviso, anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, bye-law or scheme framed, certificate, 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 1 the corresponding provision of the Act or Ordinance [as extended] to the State by section 3, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said section 2 or, as the case may be, under the said Act or Ordinance.
THE SCHEDULE
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1 THE SCHEDULE [See section 3 (2A)] Part A Acts not extended to Manipur by this Act Year Number Short Title 1 2 3 1866 XXI The Converts’ Marriage Dissolution Act, 1866 1872 XV The Indian Christian Marriage Act, 1872 2 * * * * * 1879 XVIII The Legal Practitioners Act, 1879 Part B Acts extended to Manipur by this Act as from the commencement of the Union Territories’ (Laws) Amendment Act, 1956. Year Number Short Title Amendment (if any) 1 2 3 4 1873 X The Indian Oaths Act, 1873 In section 1, for the second paragraph, the following paragraph shall be substituted, namely:—“It extends to the whole of India except the State of Jammu and Kashmir*.” 1882 IV The Transfer of Property Act, 1882. 1887 VII The Suits Valuation Act, 1887. 1898 V The Code of Criminal Procedure, (1) In section 1, in sub-section (2), the words “and the Union 1898. territory of Manipur” shall be omitted, and (2) in section 93A, in sub-section (1), the words “or in the Union territory of Manipur” shall be omitted. 1908 V The Code of Civil Procedure, In section 1, in sub-section (3) the word “and” at the end of 1908. clauses (c) and clause (d) shall be omitted. 1925 XXXIX The Indian Succession Act, 1925. _________ 1.
STATEMENT OF OBJECTS AND REASONS
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STATEMENT OF OBJECTS AND REASONS Out of the 10 States specified in Part C of the First Schedule to the Constitution, only three, namely, Ajmer, Coorg and Delhi, have been provided with easy means of legislation to meet local requirements. Article 242 of the Constitution enables the Coorg Legislative Council to enact measures for that State, while the Ajmer-Merwara (Extension of Laws) Act, 1947, and section 7 of the Delhi Laws Act, 1912, empower the Central Government to extend to Ajmer and Delhi, respectively, any enactment which is in force in any Part A State or any other Part C State. This latter power has been frequently availed of in the past for extending to Delhi and Ajmer Provincial Acts, with modifications to suit local conditions, thereby saving very considerable expenditure of time and labour in the Central Legislature. It is proposed that the same power should be conferred on the Central Government in relation to the other seven Part C States. The Merged States (Laws) Act, 1949, which came into force on 1st January, 1950, inter alia provided for the extension of all the more important Central Acts and Ordinances to four of the new Chief Commissioners' Provinces (now "Part C States"), namely, Bhopal, Bilaspur, Himachal Pradesh and Kutch. Three more Chief Commissioners' Provinces, namely, Manipur, Tripura and Vindhya Pradesh, subsequently came into existence on the 23rd January, 1950 by virtue of the States Merger (Chief Commissioners' Provinces) Order, 1950.