(1) 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—
(i) 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 also m including a reference to the Lieutenant-Governor;
(c) until the Code of Criminal Procedure, 1898, ir brought into force in that Union territory and Magistrates aie Appointed ; Qf 1898.
Rules of conBtru;HO)».
364 THE GAZETTE OF INDIA EXTRAORDINAEY [PART H thereunder, any reference to a Magistrate shall be construed as a reference to the District Judge; and
(d) any reference to the High Court shall, until the jurisdiction of the High Court at Bombay is extended to that Union territory, be" construed as a reference to the High Court functioning therein immediately before the commencement of this Regulation.
(2) For the purpose of facilitating the application in relation to Goa, Daman and Dlu 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 neeessary or proper to adapt It to the matter before the court or other authority.
7. Until the relevant provisions of the Code of Criminal Procedure, 1898, are brought into force in Goa, Daman and Diu, all offences under any Act shall be investigated, inquired Into, tried and othqrwis» dealt with according to the provisions of the corresponding law in force in Goa, Daman and Diu.
Trial of offences. 5 of 1898.
8. If any difficulty arises in giving effect in Goa, Daman and Diu to the provisions of any Act extended by this Regulation to that Union territory, the CenU-al 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.
Power to remove difficulties.
1 w i—i w a > I 2 a THE SCHEDULE f 5ee section 2") Year i 1838 1857 i860 i860 1861 1 8 6 7 1 8 7 8 1 8 7 8 . . .
1881 1881 T883 1884 1884 1888 1890 No.
2 19 13 21 45 5 25 1 8 16 26 19 4 12 3 1 Short title 3 The Coasting-Vessels Act, 1838.
The Opium Acti 1857.
The Societies Registration Act, i860.
The Indian Penal Code.
The Police Act, 1861.
The Press and Registration of Books Act,
1867.
The Opium Act, 1878.
The Sea Customs Act, 1878.
The Obstructions in Fairways Act, 1881.
The Negotiable Instruments Act, 1881, The Land Improvement Loans Act, 1883, The Indian Explosives Act, 1884.
The Agriculturists' Loans Act, 1884, The Police Act, 1888.
The Revenue Recovery Act, 1890.
Modifications 4 After the words, figures and lettersj"in the territories -which, immediately before the 1st November, 1956, were comprised in Part A States and Part C States" wherever they occur, insert "or in tory of Goa, Daman and Diu".
u>o\ O H O fc-H O I—I > >< O Ki H Year I 1890 1897 1897 1898 1898 1903 I905 1908 1908 1910 1911 1917 1917 1920 1920 1922 1922 1923 i923 1923 1924 No.
2 9 4 1 0 5 9 7 4 6 15 9 2 1 5 15 34 7 2 2 5 8 19 4 Short title 3 The Indian Railways Act, 1890.
The Indian Fisheries Act, 1897.
The General Clauses Act, 1897.
The Code of Criminal Procedure, 189S.
The Live-stock Importation Act, 1898.
The Indian Work=. of Defence Act, 1903.
The Indian Railway Board Act, 1905.
The Explosive Substances Act, 1908.
The Indian Ports Act, 1908.
The Indian Electricity Act, 1910.
The Indian Patents and Designs Act, 1911.
The Inland. Steam-vessels Act, 1917.
The Destruction of Records Act, 1917.
The Indian Red Cross Society Act, 1920.
The Indian Passport Act, 1920, The Indian Ermgiation Act, 1922.
The Police (Incitement to Disaffection) Act,
1922.
The Indian Boilers Act, 1923.
The Workmen's Compensation Act, 1923.
The Indian Official Secrets Act, 1923.
The Central Board of Revenue Act, 1924.
Modifications 4 I—>• I—I 5 Q 1 o 1 I u> Ot Year r 1925 1925 1926 1927 1930 1931 1934 1934 1934 1936 1938 T938 No.
19 26 16 17 2 16 2 2 3O 32 4 4 5 Short title 3 The Provident Funds Act, 1925.
The Indian Carriage"of Goods by Sea Act,
1925.
The Indian Trade Unions Act, 1926. ' The Indian Lighthouse Act, 1927.
The Dangerous Drugs Act, 1930.
The Provisional Collection of Taxes'Act, 1931- The Aircraft Act, 1934.
The Petroleum Act, 1934, The Indian Tariff Act, 1934.
The Payment of Wages Act, 1936.
The Insurance Act, 1938.
The Manoeuvres, Field Firing and Artillery Practice Act, 1938.
Modifications 4 In'sectionrii8,Tclause (a), addTat the end:
" ; o r (h>) any fund in existence in the Union territory of Goa, Daman and Diu on the 20th December, 1961 and maintained by or on behalf of Government servants or Government pensioners or on behalf of employees of any autonomous body and intended for the mutual benefit of contributors to the fund or for any other purpose.".
3.68 T H E G A Z E T T E O P IN D IA E X T K A O R lM N A R Y [P A R T 11 Year I 1939 1939 1941 1942 1944 1944 1946 1946 1946 1947 1947 1947 1947 1947 1947 1947 No.
2 4 16 n 6 1 18 2 0 25 31 2 7 14 15 18 29 31 Short title 3 The Motor Vehicles Act, 1939, The Registration of Foreigners Act 1939.
171 v J' <=seatial Services Maintenance Ordinan The Multi-Unit Co-operative Societies Act, 1942.
The Central Excises and Salt Act, 1944 The Public Debt Act, 1944.
The Industrial Employment (Standing Orders) Act, 1946.
The Delhi Special Police Establishment Act.
TQL46 The Foreigners Act, 1946.
The Prevention of Corruption Act, 1947, The Foreign Exchange Regulation Act, 1 The Industrial Disputes Act, 1947, The Armed Forces (Emergency Duties) Act, 1947.
The Imports and Exports (Control) Act, 11 The Capital Issues (Control) Act, 1947.
The Antiquities (Export Control) Act, 1947 Modifications 4 In the Sixth Schedule, after the entry relating to the Laccadive, Minicoy and Amindm Islands, insert:
"Goa, Daman and Diu GDD ".
ce, 947- >47- SBC. 1] T H E G A Z E T T E O F IN D IA E X T R A O R D IN A R Y 3^9 Year 1 1948 1948 1948 1949 1950 1950 1950 1950 1950 1951 1952 1952 1952 1952 1953 1954 1955 1955 No.
2 *5 31 56 8 1 2 40 45 46 49 65 2 0 35 53 60 27 27 1 0 16 Short title 3 The Industrial Finance Corporation Act,
1948.
The National Cadet Corps Act., 1948.
The Territoria] Army Act, 1948.
The Seaward Artillery Practice Ac+, 1949.
The Emblems and Names (Prevention of Improper Use) Act, 195c.
The Army and Air Force (Disposal of Private Property) Act, 1950.
The Air Force Act, 1950.
The Army Act, 1950.
The Contingency Fund of India Act, 1950.
The Industries (Development and Regulation ) Act, 1951.
The Inflammable Substances Act, 1952.
The Mines Act, 1952.
The Notaries Act, 1952.
The Commissions of Inquiry Act, 1952, The Air Corporations Act, 1953.
The Delivery of Books and News papers (Public libraries) Act, 1954.
The Essential Commodities Act, 1955.
The Medicinal and Toilet Preparations (Excise Duties) Act, 1955.
Modifications 4 830 G. of I. Ex,—2 H Q I O I—I > is >o i—i i—(• Year I 1955 1955 1956 [.No.
2 2 2 51 1 Short title * 3 The Untouchability (Offences) Act, .
1955- The Railway Stores (Unlawful Possession) Act, 1955.
The Companies Act, 1956 Modifications 4 (0 After section 2, insert :
C2A. Construction of certain references in the application of Act to Goa, Daman and Diu.—In the application of this Act to the Union territory of Goa, Daman and Diu—
(a) the expression "commencement" wherever it is used in relation to this Act as enacted in 1956 or in relation to the Companies (Amendment) Act, i960, means the commencement of this Act in that Union territory;
(&) references to the dates specified in sections 37(x) and (2), 125(1), 294(5) (a), 295(6) and 618, and the first proviso to section 284(1) shall be construed as references to the commencement of this Act in that Union territory';
(c) reference to the 1st day of December, 1949 in sub-section (4) of section 89 shall be construed as a o I o tlj u g I Year i • 1956 1956 No.
2 74 Short title 3 The National Highways Act, 1956.
The Central Sales Tax Act, 1956.
Modificatiors 4 reference to the 1st day of April, 1956;
(a) reference to the 15th day of August, 1956 in sub-section (4) of section 325 shall be construed as a reference to the 31st day of March, 1963;
(V) references to the 15th day of August, i960 in section 330 and sub-section (/) of section 332 shall be construed as references to the date of expiry of two years from the commencement of this Act in that Union territory;
(/) reference to the ist day of March, 1.958 in section 361 shall be construed as a reference to the ist day of iMarch, 1964." ;
(it) in section 3(j){ti), after sub-clause (2) of clause (/) insert:
"or
(3) in the Union territory of Goa, Daman and Diu or any part thereof, before the commencement of this Act therein;";
e g o g I Year i 1956 . . .
1957 1957 • . • .
1957 1957 1957 1958 1958 1958 1958 1958 1959 i960 1961 No.
2 89 M 2 3 58 62 67 21 24 2 7 43 44 54 60 23 Short title 3 The Standards of Weights and Measures Act, 1956.
The Copyright Act, 1957.
The Railway Protection Force Act, 1957.
The Additional Duties of Excise (Goods of Special Importance) Act, 1957.
The Navy Act, 1957.
Tiie Mines and Minerals (Regulation and Development) Act, 1957.
The Rice Milling Industry (Regulation) Act, 1958.
The Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The Mineral Oils (Additional Duties of Excise and Customs) Act, 1958.
The Trade and Merchandise Marks Act, 1958- The Merchant Shipping Act, 1958.
The Arms Act, 1959.
The Children Act, i960.
The Criminal Law Amendment Act, 1961.
Modifications 4 In section 16, sub-section (1), and in section 30A, for "granted before the 25th day of October, 1949" substitute "granted in the Union territory of G-oa, Daman and Diu, before the commencement of this Act therein and elsewhere, before the 25th day of October, 1949".
w I—J O % a > X > Year i 1961 1859 1924 No.
2 47 24 W Short title 3 The Deposit Insurance Corporation Act
1961.
The Madras District Police Act, 1859.
The Punjab Motor-Vehicles Taxation Act,
1924.
Alodifications 4
(i) In the long title, for the words "within the territories subject to the Presidency of Fort St. George", substitute "within the Union territorv of Goa, Daman an^ Diu".
(ii) In the preamble and in section S, for the words "Madras Presidency" substitute "Union territorv of Goa, Daman and Diu".
îii) Omit section 12.
(iv) In sections 42 and 43, for the words ''Madras Fire Services", substitute "Fire Services in the Union territory of Goa, Daman and Diu".
(v) In section 43, omit "either" and "or under ' section 62-A of the Madras Citv Police :
Act, 1888".
(vi) Omit section 54A and the Schedule.
(i) In the long title, preamble, section 1(2) and section i^{2){c) for "Punjab" substitute "the Union territorv of Goa, Daman and Diu".
(ii) In section 3, sub-section (j), for the j words "at the rate specified in the Schedule ] •-4 H K K Q I *—r > X H O o > ?
H i—t I-H Year i *96i No.
2 . xxrv Short title 3 The Maharashtra Co-operative Societies Act i960.
•Modifications 4 to this Act" substitute "at such rate, not exceeding the rate specified in the Schedule to this Act, as the State Government may by notification specify".
(iii) In section 4,—
(a) in sub-section (1), for "before the 30th day of Aprii, 1925" substitute "before the expiry of 30 days from the commencement of this Act" and for "10th day of April, 1925" substitute "commencement of this Act".
(b) in the proviso to sub-section (2), for "10th day of April, 1925" substitute "commencement of this Act".
(iv) In section 12, for the words "to the Commissioner" substitute "to such other officer as the State Government may specify!
in this behalf" and for the words "or Commissioner" substitute "or the other officer so specified".
(v) In section 15, sub-section (2), clause (i), for "State" substitute "Union territory".
(i) Throughout the Act,—
(a) for the words " State of Maharashtra" substitute "Union territory of Goa, Daman and Diu";
SEC. 1] T H E G A ZE TTE , O F IN D IA E X T R A O R D IN A R Y 375 Year X No.
2 Short title 3 Modifications | 4
(b) for the word "State" (except where it occurs in the expression "State Government" and except in Chapter V 1 and section 159) substitute "Union territory";
(c) for the words "Official Gazette" substitute "Goa, Daman and Diu Gazette".
(ii) In section 2, in clause (50), for the words "Maharashtra State Co-operative Tribunal" substitute "Goa, Daman and Diu Co-operative Tribunal".
(iii) Omit sections 14 and 18.
(iv) In Chapter V, for the words "State Government" wherever they occur, substitute "Central Government". ' 1
(v) Omit section 101.
(vi) In section 111, omit clause (m).
(vii) In section 149, in sub-section (1), for the words "Maharashtra State Co-opera- 1 tive Tribunal" substitute "Goa, Daman and Diu Co-operative Tribunal".
o\ • O s 2> Ioa D I r—i - 3 i—ir p »-* - i__k Year i No.
2 Short title 3 Modifications 4
(viii) In section 159,—
(a) in sub-section (j)3 for the words "in any other State" substitute "elsewhere in India";
(b) in sub-section (2), for the words "in any other State" substitute "elsewhere in India", for the words "Maharashtra State" in the two places where they occur, substitute "Union territory of Goa, Daman and Diu" and for the words "Registrar of the State" substitute "Registrar of the State or Union territory".
(ix) In section 165, omit sub-section (4),
(x) Omit section 166, S. RADHAKRISHNAN;
President.
R. C. S. SARKAR, Secy, to the Govt. of India.
PRINTED Df INDIA BY THE GZNEBAL MANAGER, GOVT. OF INDIA PEHSS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELEI, 1962 .