Revolutionising Law Reporting !
 |
 |
 |
| Install Now! | Install Now! | Install Now! |
The Meghalaya Adaptation and Application of Laws Act, 1971
Meghalaya Act No. 2 of 1971
ner004
(As passed by the Assembly)
Published in the Gazette of Meghalaya, Extraordinary, dated the 8th December, 1971. [Received the assent of the Governor on the 7th December, 1971]. An Act to provide for the extension of certain laws to areas in Meghalaya which they are now not in force for the removal of doubts as to application of laws in certain other cases, for the adaptation or modification of such of the laws in force in Meghalaya as are within the Legislative competence of the Meghalaya Legislature, for determining the local extent of all such laws and for matters connected therewith or incidental thereto. Be it enacted by the Legislature of Meghalaya in the Twenty-Second Year of the Republic of India as follows- 1. Short title, extent and commencement. - (1) This Act may be called the Meghalaya Adaptation and Application of Laws Act, 1971. (2) It extends to the whole of Meghalaya. (3) It shall be deemed to have had effect and come into force on the 2nd day of April, 1970. 2. Definitions. - In this Act-(a) "appointed day" means the second day of April, 1970;
(b) "existing law" means any law relating to a matter specified in Second Schedule to the Assam Re-organisation (Meghalaya) Act, 1969, made before the appointed day which continues to be in force in Meghalaya or any part thereof after the appointed day and includes any order, bye-law, rule, scheme, notification or other instrument so in force which was made under any such law.
3. Application and extent of certain central Acts. - The Central Acts mentioned in the First Schedule, with the amendments to which they have been subjected before the appointed day, shall be deemed to have come into force on the appointed day in those areas of Meghalaya in which they were not in force before the said day, and accordingly, unless otherwise provided,-(a) the Central Acts mentioned in Part I of the said Schedule shall extend to and shall be in force in, the whole of Meghalaya including Shillong;
(b) the Central Acts mentioned in Part II of the said Schedule shall extend to, and shall be in force in, the whole of Meghalaya except Shillong; and
(c) reference to any of the Acts mentioned in the First Schedule to the expression "State Government" or "Government" shall be construed as reference to the "Government of Meghalaya" and reference to the expression "State" shall be construed as reference to "Meghalaya".
4. Application and extent of certain Regulations, Assam Acts etc. - (1) As from the appointed day, the laws mentioned in the Second Schedule, with the amendments to which they have been subjected before the appointed day and which are for the time being applicable to Meghalaya or any part thereof, shall have effect, subject to the adaptations or modifications directed by that Schedule, or if it so directed shall stand repealed; and (2) As from the appointed day, every such law as is referred to in sub-section (1) Shall, unless otherwise provided extend to the whole of Meghalaya, except Shillong. 5. General Adaptations. - Whenever an expression mentioned in column (1) of the Table hereunder printed occurs in any existing law mentioned in the Second Schedule, then unless that expression is by this Act expressly to be otherwise adapted or modified or to stand unmodified or to be omitted, there shall be substituted therefor the expression set opposite to it in column (2) of the Table, and there shall also be made in any sentence in which the expression occurs such consequential amendments as the rule of grammar may require :Table
|
|
1 |
2 |
|
1. |
Assam |
Meghalaya |
|
2. |
Governor, Governor of Assam |
Governor of Assam exercising functions as Governor in relation to Meghalaya. |
|
3. |
Official Gazette |
Official Gazette, which expression shall stand unmodified and shall mean the Gazette of Meghalaya but wherever the words "notification in the" preceded it the expression "in the official Gazette" shall be omitted. |
|
4. |
State, the State, the State of Assam and the Assam State (except where it occurs in the expressions State Government or inter-State or inter-State Government) |
Meghalaya. |
|
5. |
Government, State Government, State Government of Assam, Assam Government, or Government of Assam |
Government of Meghalaya. |
(a) specify the corresponding authorities within the meaning of Section 8;
(b) provide for the transfer of any matter pending before any Court, tribunal or other authority immediately before the appointed day to any corresponding Court, tribunal or other authority for disposal;
(c) specify the circumstances in which or the extent to which or the conditions subject to which anything done before the appointed day (including any of the matter specified in Section 8) shall be recognised or given effect to after the appointed day.
Schedule I
Central Acts
[See Section 3(a)]
1. The Interest Act, 1839 (32 of 1839). 2. The Judicial Officers' Protection Act, 1850 (18 of 1850). 3. The caste Disabilities Removal Act, 1850 (21 of 1850). 4. The Public Servants Inquiries Act, 1850 (37 of 1850). 5. The Hindu Widows' Remarriage Act, 1856 (15 of 1856). 6. The Coverts' Marriage Dissolution Act, 1866 (21 of 1866). 7. The Pensions Act, 1871 (23 of 1871). 8. The Married Women's Property Act, 1874 (3 of 1874). 9. The Anand Marriage Act, 1909 (7 of 1909). 10. The Destructive Insects and Pests Act, 1914 (2 of 1914). 11. The Provident Funds Act, 1925 (19 of 1925). 12. The Hindu Inheritance Removal of Disabilities Act, 1928 (12 of 1928). 13. The Child Marriage Restraint Act, 1929 (19 of 1929). 14. The Parsi Marriage and Divorce Act, 1936 (2 of 1936). 15. The Dissolution of Muslim Marriages Act, 1939 (8 of 1939).Part II
[See Section 3 (b)]
1. The Indian Tolls Act, 1851 (8 of 1851). 2. The Court-Fees Act, 1870 (7 of 1870). After Section 1-A, insert-Schedule II
[See Section 4]
Bengal Regulations
1. The Bengal Alluvion and Diluvion Regulation, 1825. (Bengal Regulation 2 of 1825), Section 4-First Proviso, for "under the provisions of Regulation 2,1819, or of any Regulation in force" substitute "under any law for the time being in force, Regulations under the Government of Indian Acts of 1870 and 1915". 2. The Assam Rates Regulation, 1879 (Regulation 3 of 1879). Section 1. For Section I, substitute-"I. (1) This Regulation may be called the Meghalaya Local Rates Regulations.
(2) It extends to the whole of Meghalaya, but shall come into force in the United Khasi Jaintia Hills District only on such date as the Government of Meghalaya may, by notification, appoint".
Section 9-Omit Clause (4). In Clause (5), in Sub-Clause (b), omit "is situated in any place other than the permanently settled portions of Cachar and Goalpara and the same. Omit sub-Clause (d) and in the proviso, omit "or sub-Clause (d)". Section 8. For Section 8, substitute-"8. In appeal from the order of any officer appointed under Section 6 to assess or collect a rate shall lie to the Board of Revenue and the order passed on such appeal by the Board shall be final."
The word "any government", wherever they occur, shall stand unmodified. 3. The Assam Land and Revenue Regulations, 1866 (Regulation I of 1886). 1. Section 1. For sub-sections (2) an (3), substitute-"(2) Sections 12 (2), 12 (3), 69, 94, 144, 147 (a), 147 (b) with proviso (iii), Sections 148,149,150,151, Section 154 as substituted and new Section 154-A as inserted hereunder, Section 155 with the exception of Section 154-A as inserted hereunder. Section 155 with the exception of Clauses (d) and (f), Sections 156 and 157, shall alone apply to Meghalaya".
"(3) Sections 147 (a), 147 (b) with the proviso (iii), 148, 149, 150, 151, 154, 154-A, 155 with the exception of Clauses (d) and (f), 156 and 157 of the Regulation shall come into force at once".
2. (a) Section 154. For Section 154, substitute-"154, Matters exempted from cognizance of Civil Court. - Except when otherwise expressly provided in this Regulation, or in rules issued under this Regulation, no Civil Court shall, exercise jurisdiction in any matter regarding ejectment of any person from land over which no person has accrued the right of a proprietor, landholder or settlement-holder and the disposal of any crop raised, or any building or other construction erected without authority on such land".
(b) After Section 154 as so substituted, insert-
"154-A. - (1) Notwithstanding anything contained in any judgement, decree or order of any Court, any notice served or any action taken or any penalty imposed or any ejectment done under sub-rules (1), (2), (3a) and (3b), (4), (5) and (5a) of Rule 18 of the Settlement Rules made under the principal Act shall be and always be deemed to have been validity done
(2) No suit or other proceeding shall be maintained or continued in Court against the Government or any person or authority for any act done or purported to have been done under sub-rules (1), (2), (3a) and (3b), (4), (5) and (5a) of Rule 18 of the Settlement Rules made under the principal Act.
(3) No Court shall enforce any decree or order against the Government or any other person for any action taken or purported to have been taken under sub-rules (1), (2), (3a) and (3b), (4), (5) and (5a) of Rule 18 of the Settlement Rules made under the principal Act.".
4. The Assam Forest Regulation, 1891 (Regulation 7 of 1891). Section 1. for sub-sections (2), (3) and (4) substitute-"(2) It extends to the whole of Meghalaya :
Provided that the Government of Meghalaya may, by notification, exempt any place from the operation of the whole or any part thereof and withdraw such exemption.(3) Clause (c) of Section 72 of the Regulation shall come into force at once".
(2) Section 72, For Clause (c) substitute-
"(c) to provide for ejectment of any person who has entered into unauthorised occupation in a Forest Reserve and for the disposal of any crops raised, or any building or other construction erected without authority in Forest Reserves :
No Civil Court shall exercise jurisdiction in any matter provided for by the rules made under the clause".
5. The Chin Hills Regulation, 1895 (Regulation 5 of 1896), Section 1. For "specified in the Schedule" substitute- "in Meghalaya". Omit the Schedule.,Acts of the Lieutenant-Governor of Bengal in Council
6. The Bengal Prevention of Inoculation Act, 1865 (Bengal Act 4 of 1865), Long title, Omit "in the town and suburbs of Calcutta and in towns to which Act 3 of 1864, passed by Lieutenant-Governor of Bengal in Council, has been or shall hereafter be extended". Preamble. Omit the second paragraph. Section 2. For "enter the town of Calcutta or any other town" substitute "enter any town". Section 3, For Section 3, substitute-"3. It shall be lawful for the Government of Meghalaya, by notification to extend this Act to any town or place in Meghalaya in which it shall appear to the Government of Meghalaya that at the time of such notification there exists proper and sufficient arrangements for the inoculation of the inhabitants thereof with the cow-pox".
7. The Bengal Vaccination Act, 1880 (Bengal Act 5 of 1880). Preamble, Omit "in the town, port and suburbs of Calcutta and in other towns and selected local areas in the territories administered by the lieutenant-Governor of Bengal to which this Act may be hereafter extended". Section 1. For paragraphs (1) and (2), substitute-"(1) This Act may be called the Vaccination Act".
"(2) It shall not come into force in any town or area of its own force but the Government of Meghalaya, may, by notification, declare its intention to extend this Act or any of its provisions to any town or selected local area in Meghalaya".
In the last paragraph, omit "This Act shall come into force from the day on which it may be published in the official Gazette with the assent by the Governor-General; but". Section 9. For Section 9, substitute-"9. Appropriation of the fees. - All such fees shall be appropriated in such manner as the Government of Meghalaya may direct".
Omit Sections 14 to 17 and the heading above the said sections. Section 18. for "under the provisions of Chapter X of the Calcutta Municipal Consolidation Act, 1876 or any other law" substitute "under any law". Section 19. Omit "or if the child was born out of Town of Calcutta or his birth has not been registered in the said town". Section 21. For "under the provisions of the Calcutta Municipal Consolidation Act, 1876 or of any other law", substitute "under any law". Section 25. Omit the words commencing with "In any Municipality" and ending with the words "made to the Commissioner, and". Section 32. Omit "or the Corporation". Section 33. In Clause (b), omit "outside the town of Calcutta". For the expression in the Schedules "Bengal Vaccination Act, 1830", wherever it occurs, substitute "Vaccination Act". 8. The Private Fisheries Protection Act, 1889 (Bengal Act 2 of 1889).Acts of the Lieutenant-Governor of Eastern Bengal and Assam in Council
9. The Assam Excise Act, 1910 (Eastern Bengal Act 1 of 1910). Long title and Preamble. Omit "In Eastern Bengal and Assam". Section 1. Omit sub-sections (2), (3) and (4). Omit Section 2 and the First Schedule. Section 7. Omit "Save as is provided in Section 2 and in the First Schedule". Omit Section 24.Acts of the Governor of Bengal in Council
10. The Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of 1913). Long title and Preamble. Omit "in Bengal". Section 1. For Section 1, substitute-"1. This Act may be called the Public Demands Recovery Act".
Omit Section 2 Section 20. Omit sub-sections (3) and (4). Section 35. Omit sub-section (3).Schedule I
In item 1, for "the Bengal Land Revenue Sales Act, 1859 or the Bengal Land Revenue Sales Act, 1868 or any other law" substitute "any law". Omit item 2. In item 4, omit "or (iii) to be recovered under the Bengal Land Revenue Sales Act, 1868". Omit items 10,11 and 12.Schedule II
In item 46, Omit sub-items (3), (4) and (5). In item 47, Omit sub-items (3). In item 48, Omit the proviso. Omit items 62, 64 and 67. 11. The Assam War Hyacinth Act, 1926 (Assam Act 3 of 1926). Section 1. Omit sub-section (2). Section 2. In Clause (2), omit "constituted under Section 329 of the Assam Municipal Act, 1923". 12. The Assam Temperance Act, 1926 (Assam Act 4 of 1926). Omit Section 2. Section 3, For Section 3, substitute-"This Act shall come into force in any locality on such date as the Government of Meghalaya may, by notification, appoint and different dates may be appointed for different localities".
13. The Assam Opium Smoking Act, 1927 (Assam Act 3 of 1927). 14. The Assam Highways Act, 1928 (Assam Act 1 of 1928). Section 1 Omit sub-sections (2) and (3). 15. The Assam Private Fisheries Protection Act, 1935 (Assam Act 1 of 1935). Section 1. For sub-section (2), substitute-"(2) The Indian Fisheries Act 1897, is to be read as supplemental to this Act".
16. The Good Conduct Prisoners' Probational Release Act, 1938 (Assam Act 2 of 1938). 17. The Assam Agricultural Income-Tax Act, 1939 (Assam Act 9 of 1939). Preamble. For "the Province of Assam", substitute "Meghalaya". Sections 3 and 6 shall stand modified. Omit Section 11. Section 24. In sub-section (1) for "Assistant Commissioner of Taxes", substituted "Commissioner of Taxes".
