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Meghalaya Adaptation of Laws Order (No. 4), 1973

The Meghalaya Adaptation of Laws Order (No. 4), 1973

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Whereas by Section 79 of the North-Eastern Areas (Re-organisation) Act, 1971 (Central Act 81 of 1971), for the purpose of facilitating the application of any law in relation to the State of Meghalaya, the Government of the State of Meghalaya as the appropriate Government is empowered by Order to make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient;

Now, therefore, in exercise of the power aforesaid, the Government of the State of Meghalaya hereby makes the following Order, namely;

1. This Order may be called the Meghalaya Adaptation of Laws Order (No. 4), 1973.

(2) It shall be deemed to have come into force on the 21st day of January, 1972.

2. In this Order "Law" includes any enactment, order, rule, notification or other instrument having the force of law in the whole or any part of the territories comprised within the State of Meghalaya.

3. As from the 21st day of January, 1972 the laws mentioned in this Order with the amendments to which they have been subjected before the 21st day of January, 1972, shall, until altered, repealed, or amended by a competent Legislature or other competent authority have effect subject to the adaptations, exceptions, and modifications directed by the Schedule.

4. The provisions of this Order which have the effect of modifying the aforesaid 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, commitment, attachment, or rule duly made or issued or anything done before the said 21st day of January, 1972 and any such notification, order, commitment, attachment, rule, or thing may be revoked, varied or undone in the like manner, to the extent and in the 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 provision then applicable to such a case.

5. Nothing in this Order shall affect the previous operation of, or anything duly done or suffered under, the aforesaid laws or any right, privilege, obligation, or liability already acquired, accrued or incurred under such laws or any penalty, forfeiture or punishment incurred in respect of offence already committed against such laws.

The Schedule

[See paragraph 3]

Adaptations, Modifications, etc

A-General

Whenever an expression mentioned in Col. (1) of the Table below occurs in any of the laws mentioned in the Schedule, there shall be substituted therefor the expression set opposite to it in Col. (2) of the Table :

Table


1

2

1.

Assam

Meghalaya.

2.

Governor, Governor of Assam or Governor of Assam exercising his functions as Governor in relation to Meghalaya

Governor of Meghalaya.

3.

Meghalaya

"Meghalaya" which expression shall stand unmodified and shall stand unmodified and shall mean the State of Meghalaya.

4.

Official Gazette

"Official Gazette", which expression shall stand unmodified and shall mean the Gazette of Meghalaya.

5.

State, the State, the State of Assam and the Assam State (except where it occurs in the expressions State Government or inter-State of inter-State or Government)

Meghalaya.

6.

Government, State Government, State Government, of Assam, Assam Government, Government of Assam or Government of Meghalaya

Government of Meghalaya.

B-Special

The Assam Amusements and Betting Tax Act, 1939 (Assam Act 6 of 1939), Section 1. (i) For sub-section (1), substitute-

"(1) This Act may be called the Meghalaya Amusements and Betting Tax Act".

(ii) Omit sub-sections (2) and and (3).

Section 14. Omit Clauses (3A) and (7).

Section 18. Omit sub-sections (3), (4) and (5).

The Meghalaya Amusements and Betting Tax Act (Act of the Autonomous State of Meghalaya), Section 1. (i) For sub-section (1) substitute-

"(1) This Act may be called the Meghalaya Amusements and Betting Tax Act".

(ii) Omit sub-section (2).

The Assam Passengers and Goods Taxation Act, 1962 (Assam Act 16 of 1962). Section 1. (i) For sub-section (1), substitute-

"(1) This Act may be called the Meghalaya Passengers and Goods Taxation Act".

(ii) Omit sub-sections (2) and (3).

The Meghalaya Passengers and Goods Taxation Act (Act of the Autonomous State of Meghalaya), Section 1. Omit sub-section (3).

The Assam Agricultural Income Tax Act, 1939 (Assam Act 9 of 1939). Preamble. For "the Province of Assam" substitute "Meghalaya".

Section 1. Omit sub-section (2).

Sections 3 and 6. As on and from 1st April, 1972, the words "Assam Finance Acts" occurring in the sections shall be substituted and shall be deemed to have been substituted by the words "Meghalaya Finance Acts".

Omit Section 11.

The Meghalaya Agricultural Income-Tax Act (Act of the Autonomous State of Meghalaya). Section 1. Omit sub-section (2).

Sections 3 and 6 As on and from 1st April, 1972, the words "Assam Finance Acts" occurring in the sections shall be substituted and shall be deemed to have been substituted by the words "Meghalaya Finance Acts".

Section 24. In sub-section (1) for "Commissioner of Taxes" substitute "Assistant Commissioner of Taxes".

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