(1) Any law in force in Goa, Daman and Diu or any area thereof corresponding to any Act referred to in section 3 or any part thereof shall stand repealed as from the coming into force of such Act or part in Goa, Daman and Diu or such area, as the case may be.
(2) Nothing in sub-section (1) shall affect—
(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
(c) any penalty, forfeiture or punishment incurred in reaped of any offence committed against any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
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 Regulation had not been made:
Provided that anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or scheme framed, certificate obtained, permit or licence granted, or registration effected) under any such law shall be deemed to have been done or taken under the corresponding provision of the Act extended to Goa, Daman and Diu by this Regulation and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act
5. All rules, notifications, orders, regulations and bye-laws made or issued by the Central Government under the provisions of any Act generally for the territories to which such Act extends shall, as from the commencement of the provisions of such Act in Goa, Daman and Diu, extend to, and come into force in Goa, Daman and Diu.
Daman and Diu and their commencement therein.
Repeal and •avinf.
Extension of rules, orders, etc.," under certain laws.
SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 519
6. Anything done or any action taken by the .Life Insurance Corporation of India in Goa, Daman and Diu which would have been validly done or taken had the Insurance Act. 1938, and the Life Insurance Corporation Act, 1956, been in force in that Union territory when such thing was done or action was taken shall, notwithstanding anything contained in any corresponding law repealed by the Goa, Daman and Diu (Laws) Regulation. 1962, or this Regulation, be deemed to have been validly done or taken.
7. (I) In any Act or in any of the rules, notifications, orders, regulations and bye-laws made or issued thereunder and extended to Goa, Daman and Diu by this Regulation,—
(a) any reference to any provision of law not in force, or to any functionary not in existence, in Goa, Daman and Diu shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that Union territory:
Provided that—
(t) if any question arises as to who such corresponding functionary is, or
(ii) if there is no such corresponding functionary, the Lieutenant-Governor shall decide as to who such functionary will be and his decision shall be final;
(b) any reference to the State Government shall be construed as a reference to the Central Government and alFo as including a reference to the Lieutenant-Governor; and
(c) any reference to the High Court shall be construed as a reference to the Court of the Judicial Commissioner established for that Union territory.
(2) For the purpose of facilitating the application in relation to Goa, Daman and Diu of any Act or any rule, notification, order, regulation or bye-law made or issued thereunder, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.
8. If any difficulty arises in giving effect in Goa, Daman and Diu ] :o the provisions of any Act extended by this Regulation to that < Union territory, the Central Government may, by order in the Official Gazette, make such provisions or give such directions as appear to it to be necessary for the removal of the difficulty.
9. In the Companies Act, 1956, as extended to the Union territory ̂ >f Goa, Daman and Diu,— 1
(1) in section 3(l)(ii)—
(a) the following word and sub-clause occurring after sub-clause (2) of clause (f) shall be omitted and shall be 4 «f W .
31 of 1956.
'Of I9«3.
Validation of acts of Life Inmirance Corporation.
Rule of conwructlon.
Power to remove difficulties- Amendment of Act 1 of
1956.
520 THE GAZETTE OF INDIA EXTRAORDINARY [PART II deemed always to have been omitted, namely; — "or
(3) in the Union territory of Goa, Daman and Diu or any part thereof, before the commencement of this Act therein;";
(b) the word "and" at the end of clause (e) shall be omitted and after clause (f), the following clause shall be inserted and shall be deemed always to have been inserted, namely:--- '(g) The Portuguese Commercial Code (Carta Lei of the Hth April, 1901), in so far as it relates to "Sociedades anonimas';';
(2) after section 620A, the following section shall be inserted, namely: — "Special provision as to companies in Goa, Daman and Diu
620B. The Central Government may, by notification in the Official Gazette, direct that for such period or periods with effect from the 26th January, 1963, or any subsequent date, any of the provisions of this Act specified in the notification shall not apply, or shall apply only with such exceptions and modifications or adaptations as may be specified in the notification, to—•
(a) any existing company in the Union territory of Goa, Daman and Diu;
(b) any company registered in the said Union territory under this Act on or after the 2rJth January.
1963.".
Spttixl pr* rftlon it t» cotnpMiie* in Go*, Daman and Dm.
THE SCHEDULE (See section 2) Year i 1850 I867 1870 187a 187a No.
3 37 3 7 I 9 Short title 3 The PubHc Servants (Inquiries) Act, 1850.
The Public Gambling Act,
1867.
The Court-fees Act, 1870.
The Indian Evidence Act,
1872.
The Indian Contract Act, 1872- Modification* 4 Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY j 3 l Year i 1878 1882 1882 1885 1886 I889 1890 1894 1894 I895 1897 1899 1899 1900 1908 1910 191a 1916 No.
2 6 2 4 18 6 1 6 1 9 8 13 3 I« 5 4 7 Short title 3 The Indian Treasure-trove Act,
1878.
The Indian Trusts Act, 1882.
The Transfer of Property Act,
1882.
The Land Acqukitlon (Mines) Act, 1885.
The Births, Deaths and Marriages Registration Act, i88fi.
The Metal Tokens Act, 1889.
The Charitable Endowment* Act, 1890.
The Land Acquisition Act, 1894- The Prisons Act, 1894.
The Government Grants Act,
1895.
The Reformatory Schools Act, 1897- The Indian Stamp Act, 1899.
The Glanders snd Farcy Act,
1899.
The Prisoners Act, 1900.
The Indian Registration Act,
190S.
The Dourlne Act, 1910.
The Indian Lunacy Act, 1912.
The Indian Medical Degrees Act, 1916.
Modification!
A In section 32, after the words ind figures at any time before the first day of April, 1891 ", insert " or in the case of the Union territory of Gou, Daman and Diu, before such date as may be specified by notification by the Central Government".
In sub-section (1) of section 57, after clause (/), Insert— " (g) if It arises in the Union territory of Goa, Daman and Diu, to the High Court at Bombay.".
In Schedule I, omit entry 30.
«2a THE GAZETTE OF INDIA EXTRAORDINARY [PAR* II Year I 1920 1920 1927 1929 1930 1932 1940 1942 1945 1947 1948 1948 1948 1948 1948 1945 1949 1949 1951 1952 1952 No.
2 14 33 16 19 3 9 23 18 •• 48 8 16 34 37 «3 10 38 46 63 19 37 Short title 3 The Charitable and Religious Trutts Act, 1920.
The Identification ot Prisoner*!
Act, 1920.
The Indian Forest Act, 1927.
The ChJld Marriage Restraint!
Act, 1929. W The Sale of Giods Ar , 193°.
The Indian Partnership Act,
1932.
The Drugs Act, 1940.
The Weekly Holidays Act, 1942.
The International Monetary Fund and Bank Act, 1945.
The Indian Nursing Courdl A«, 1947.
The Pharmacy Act, 1948.
The Dentists Act, 1948.
The Employees' State Insurance Act, 1948.
The Census Act, 1948.
The Factories Act, 1948.
The Banking Companies Act,
1949.
The Chartered Accountants Act, 1949- The Banking Companies (Legal Practitioners' Clients' Accounts) Act, 1949.
The State Financial Corporation Act, 1951.
The Employees' Provident Funds Act, 1932.
The Cinematograph Act, 1952.
Modifications 4 In section 1, for sub-section (5), substitute— " (3) It shall come into f -)ro;*at once except section 69, whlchWshall come into force on the Ist day of Jaiuiry, 1965.".
Sic. 1] THE GAZETTE OF INDIA EXTRAORDlNAftV 52J Yew 1 1953 1953 1953 1953 1954 1954 I9S5 1955 1955 1955 1936 No 2 1 3 29 32 45 37 23 32 42 45 31 Short title 3 The Khadi and other Ha'id1r>om Induitries Development (Additional Excise Duty on Cloth) Act, 1953.
The Tea Act, 1953.
The Collection of Statistics Act, 1953- The Coir Industry Act, 1953.
The Drugi and Magic Remedies (Ob)ectionable Advertisements) Act, 1954.
The Prevention of Food Adulteration Act, 1954.
The State Bank of India Act, 1955- The Prisoners (Attendance in Courts) Act, 1955.
The Prize Competitions Act, 1955- The Working Journalists (Conditions of Service) and MiscelJaneous Provisions Act,
1955.
The Life Insurance Corporation Act, 1956.
Modification!
4 In clause (a) of section 2, amk " and " at the end of subclause (i) and after that »\ibclausc, insert :— " (ia) in relation to the Union territory of Goa, D»mln and Dm, the date on which this Act come« into force therein ; "• Omit sub-section (j) of section 17 and sub-sections (a) and (j) of section 18.
Omit section 4.
In sub-section (1) of section 5, in clauses (6) and (c), omit " on or after the Ist day of Jul}, 1961,".
After section 48, insert— ' 48A. Act to apply to Qoa, DJtman and Dtu subject to modifications.—The provisions of this Act shall, in their application to the Union territory of Goa, Daman and Diu, have effect subject to the following modifications, namely :—
(1) In section 2,—
(j) for clause m , the following clause shall be substituted, namely:— '(1) " appointed day " means—
(1) in,the case of any insurer incorporated or registered «J4 THE GAZETTE OF INDIA EXTRAORDINARY [PART il 5-i :
Year i No.
2 Short title 3 Modifications.
4 in Portugal or the Portuguese-occupied territories outside India, the 8th June, 1962 ; and
(it) in the case of any other foreign insurer transacting life insurance business in the Union territory of Goa, Daman and Dm, the commencement of this Act; ' ;
(ii) in sub-clause (it) of clauic G),~
(13) after item (b), the following proviso shall be inserted, namely :— " Provided that nothing contained in this sub-clause shall be deemed to include policies of insurance issued in favour of persons who have not opicd to become citizens of India under the order issued under section 7 of the Citizenship Act, 1955,(57 of 1955);" i »nd
(ft) item (c) shall be omitted.
(2) Sections 11 and 12 shall be omitted.
(3) In section 14 and sub-section (/) of section 15, for the figures, letters and words " 19th day of January, 1956", the words "appointed day " shall be substituted.
(4) In section 16, after subsection (/), the following sub-section^shall be inserted, namely ;— (0 Notwithstanding anything contained in subeection (1) or sub-section
(a), no compensation shall be payable or be offered to an insurer incorporated or registered in Portugal or any of the Portuguese-occupied SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 525 Year 1 No.
2 \ 1 Short title 1 3 1 Modifications 4 territories., unless the Central Government is satisfied that the amounts, if any, which arc due to be recovered from such insurer or to be remitted by such insurer to India have been or will be recovered or remitted in full.".
(5) In section 30, tor the words " certificate of registration under the Insurance Act", the following words shall be substituted, namely :— " certificate or authorisation under the Insurance Act or under any other law, decree or order ".
(6) In section 35, alter the words " insurer incorporated outside India ", wherever they occur, the words " not being an insurer registered or incorporated in Portugal or the Portuguese-occupied territories " shall be inserted.
(7) In section 36a after the proviso, the following proviso shal be Inserted, namely :— " Provided further that no compensation shall be payable to the chief 1 agents or special agents of 1 insurers registered or incorporated in Portugal or the Portuguese-occupied territories unless (a) they are citfzens of India, or
(ft) in the case of chief agents or special agents who arc not citizens of I India, the amounts, it any, due from such in- Burers have been recovered or remitted to India in full, or (c) the Central Government specifically authorises the payment of such compensation."
526 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II Year i No.
2 Short title 3 Modifications 4
(8) In the First Schedule,— (0 in Part A,—
(a) for the words, figures and letters "the Ist day of January, 1955 ", wherccvex they occur, the words, figure and letters "the Ist day of the completed calendar year immediately preceding the appointed day " shall be substituted) for the words, figures and letters " the 31st day of December, 1955", the words "the last day of the completed calendar year immediately preceding the appointed day" shall be substituted and for the figures and word " 1950 to 1955 "j the figures and word " 1956 to 1961 " shall be substituted;
(6) after the words "abstracts prepared in accordance with Part II of the Fourth Schedule to the Insurance Act", wherever they occur, the words "or In any othor corresponding abstract, return or statement" shall be inserted ;
(c) in Paragraph 2, after the words " Form A Jn the First Schedule to the Insurance Act", the words "or any other corresponding form or state - ment " shall be Inserted;
and
(it) in Part B, for^the words, figures and letters "the ist day of January, 1955 ", the words " the first day of the completed calendar year immediately preceding the appointed day" shall be substituted and references to the 19th day of January, 1956 (except in paragraph 5) shall be changed into references to the appointed day.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 527 Year 1 1956 1956 1956 1956 1958 No.
2 42 61 1 0 2 104 2 0 Short litlc 3 The Securities Contracts (Regulation) Act, 1956.
The Khadi and Village Industries Commission Act, 1956.
The Indian Medical Council Act, 1956.
The Suppression of Immoral Traffic In Women and Girls Act, 1956.]
The Probation of Offend erg Act,
1958.
Modifications 4
(9) In the Second Schedule, references to the isV day of January, 1955 and the 3isi day of December, 1955, shall be changed into references to the first day and the last day respectively of the completed calendar year immediately preceding the appointed day.
(10) In the Third Schedule,— (»") in the first paragraph, for the words " seventy-five per cent. ", the words such percentage as the Central Government may fix" and for the words " ten years ", the words "five years" shall be substituted ; and
(it) in the second paragraph, references to the Ist day of January, 1952, and the 31st day of December, 1955, shall.be changed into references to the ist day/ of January, 1958, and the 31st day of December, 1961, respectively.'.
In the Third Schedule— (0 In Part I , ' add at the end— " Medico- Diploma Medico- Surgical of Surgeon College, licentiate (Goa). " ;
Nova-Goa, of the Panjim. Medico- Surgical College, Novm-Go*.
00 in Part II, omit the following :— " Medico-Surgeon (Goi). ".
5 28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] Year i 1959 1959 1959 i960 1961 1961 1961 1961 No.
23 31 3* 59 27 52 53 58 Short title 3 The Cost and Works Accountants Act, 1959.
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, The State Bank of India (Subsidiary Banks) Act, 1959.
The Prevention of Cruelty to Animals Act, i960.
The Motor Transport Workers Act, 1961.
The Apprentices Act, 1961.
The Maternity Benefit Act, 1961.
The Iron Ore Minea Labour Welfare Cess Act, 1961.
Modifications 4 S. RADHAKRISHNAN, President, R. C. S. SARKAR, Secy, to the Govt. of India.
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, NXW KLHI AND,PUBLJSHEB BY THE MANAGER OF PUBLICATIONS, DELHI, 1988