Assam Urban Areas Rent Control Act, 1972

No: 21 Dated: Nov, 07 1972

THE COLLECTION OF MEGHALAYA ACTS, ORDINANCES AND ADAPTATION ORDERS FOR THE YEAR 1972 i CONTENTS STATE OF MEGHALAYA ACTS, 1972 Sl. No. Title, Number and Year Page No. 1. The Meghalaya Appropriation (Vote on Account) Act, 1972, (Act I of 1972) 1 – 8 2. The Legislative Assembly of Meghalaya (Speaker 9-11 and Deputy Speaker Salaries and Allowances) Act, 1972. (Act 2 of 1972). 3. The Prevention of Disqualification (Members of the 12-13 Legislative Assembly of Meghalaya) Act, 1972.(Act 3 of 1972) 4. The Meghalaya (Ministers Salaries and Allowances) 14-16 Act, 1972. (Act 4 of 1972) 5. The Contingency Fund of Meghalaya Act,1972.(Act 5 of 1972) 17 6. The Meghalaya Criminal Law, (Amendment) Act, 1972 (Act 6 of 1972) 18- 19 7. The Meghalaya Interpretation and General Clauses Act, 1972. 20-37 (Act 7 of 1972). 8. The Legislative Assembly of Meghalaya (Members’ Salaries and Allowances) 38-39 Act, 1972 (Act 9 of 1972). 9. The Meghalaya Appropriation (No.1) Act, 1972 (Act 9 of 1972). 40-46 10. The Meghalaya Wild Animals and Birds Protection (Amendment) Act, 1972 47 (Act 10 of 1972). 11. The Meghalaya Land and Revenue Regulation (Application and 48-49 Amendment) Act,1972 (Act 11 of 1972). 12. The Meghalaya Prevention of Gambling (Amendment) Act, 1972 50-51 (Act 12 of 1972). 13. The Indian Stamps (Meghalaya Amendment) Act, 1972 (Act 13 of 1972) 52-3 14. The Meghalaya Motor Vehicle Taxation (Amendment) Act, 1972 54-55 (Act 15 of 1972). 15. The Meghalaya Finance (Sales Tax) (Amendment) Act, 1972 56-57 (Act 15 of 1972). 16. The Motor Vehicles (Meghalaya Amendment) Act, 1972 (Act 16 of 1972). 58 17. The Meghalaya Purchase Tax (Amendment) Act, 1972 (Act 17 of 1972). 59-60 18. The Meghalaya Sales Tax (Amendment) Act, 1972 (Act 18 of 1972). 61-62 ii Sl. No. Title, Number and Year Page No. 19. The Meghalaya (Sales of Petroleum and Petroleum Products, 63-64 including Motor Spirit and Lubricants) (Amendment) Act, 1972 (Act 19 of 1972). 20. The Meghalaya Amusements and Betting Tax (Amendment) 65-66 Act,1972 (Act 20 of 1972). 21. The Meghalaya Urban Areas Rent Control Act, 1972. 67-74 (Act 21 of 1972). 22. The Meghalaya Appropriation (No. II)Act, 1972 (Act 22 of 1972) 75-76 ORDINANCES, 1972 1. The Prevention of Disqualification (Members of the Legislative 77-78 Assembly) of the State of Meghalaya Ordinance, 1972 (Ordinance 1 of 1972). 2. The State of Meghalaya (Ministers’ Salaries and Allowances) 79-81 Ordinance 1 of 1972. 3. The Legislative Assembly of the State of Meghalaya (Speaker 82-83 and Deputy Speaker Salaries and Allowances Ordinance,1972 (Ordinance 3 of 1972)). 4. The Legislative Assembly of the State of Meghalaya 84-85 (Members Salaries and Allowances) Ordinances, 1972 (Ordinance 4 of 1972). 5. The Prevention of Disqualification (Members of the Legislative 86-87 Assembly of the State of Meghalaya) (Amendment) Ordinance, 1972 (Ordinance 5 of 1972). 6. The Meghalaya Criminal Law (Amendment) Ordinance, 88-89 1972 (Ordinance 6 of 1972). ADAPTATION ORDER 1. The Meghalaya Adaptation of Laws Order (No.1) of 1972 90 1 MEGHALAYA ACT I OF 1972 THE MEGHALAYA APPROPRIATION (VOTE ON ACCOUNT) ACT, 1972 (As passed by the Assembly) (Received the assent of the Governor on the 31st March, 1972) [Published in the Gazzette of Meghalaya, Extraordinary, dated 31st March, 1972] An Act to provide for the withdrawal of certain sums from and out of the Consolidated Fund of Meghalaya for the services of a part of the financial year 1972-73. Be it enacted in the Legislature of Meghalaya in the Twenty- third Year of the Republic of India as follows: Short title 1. (1) This Act may be called the Meghalaya Appropriation and com- (Vote on Account) Act, 1972. mencement. (2) It shall come into force on the first day of April, 1972. Withdrawal 2. From and out of the Consolidated Fund of Meghalaya there may be of withdrawn sums not exceeding those specified in column (3) of the Rs.7, 19,96 ,180 Scheduled amounting in the aggregate [inclusive of the amounts already from and out of authorised for expenditure by the Governor exercising his powers conferred consolidated by sub-sections (3) and (4) of section 44 of the North Eastern Areas Fund of (Re-organisation) Act, 1971 (Central Act 82 of 1971) pending the sanction Meghalaya for of such expenditure by the Legislative Assembly of Meghalaya] to the sum of the financial year seven crores, nineteen lakhs, ninety – six thousands and one hundred rupees 1972-73. towards defraying the several charges which will come in course payment during the period of three months beginning on the first day of April,1972 in respect of the services specified in column (2) of the Schedule. Appropriation 3.The sums authorised to be withdrawn from and out of the Consolidated Fund of Meghalaya by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year 1972-73. 2 SCHEDULE (See sections 2 and 3) (1) (2) (3) sums not exceeding Grant Services and purposes Voted by the Charged on the Total No. (Major Heads) Assembly Consolidated Fund Rs. Rs. Rs. 1. Taxes on income other than ... ... ... Corporation Tax. 2. Land Revenue ... ... 62,900 ... 62,900 3. State Excise Duties ... 57,600 ... 57,600 4. Taxes on Vehicles ... 82,500 ... 82,500 5. Sale Tax ... ... 61,400 ... 61,400 Other Taxes and Duties 20,600 ... 20,600 6. Stamps ... ... ... 2,500 ... 2,500 7. Registration Fees ... ... 3,800 ... 3,800 Interest on Debt and ... ... 9, 94,300 9, 94,300 Other obligations. Appropriation for Reduction ... ... ... or Avoidance of Debt. 8. – Do- B.- State Legislature 2,61,000 15,600 2,76,600 9. –Do- C. - Elections 1,62,500 ... 1,62,500 10. General Administration – I – 2,30,000 ... 2,30,000 Heads of States and Ministers. 11. –Do- II- Secretariat and 6,79,100 ... 6,79,100 attached offices. 12. –Do- III – Commissioners 2,95,200 ... 2,95,200 and District Administration. 13. –Do - IV- Director of Land 16,000 ... 16,000 Records. 14. –Do- V- Local Fund, Audit 16,800 ... 16,800 Establishment and Accounts Offices. 15. Administration of Justice ... 99,000 ... 1,49,408 16. Jails ... ... ... 1,49,400 ... 1,49,400 17. Police ... ... ... 56,41,700 ... 56,41,700 18. Miscellaneous Departments 2,000 ... 2,000 –I- National Savings Organisation. 3 SCHEDULED – (contd) (1) (2) (3) sums not exceeding Grant Services and purposes Voted by the Charged on the Total No. (Major Heads) Assembly Consolidated Fund Rs. Rs. Rs. 19. – Do - II – Trade Commiss- ... ... ... -ions. 20. -Do – III – Weights and Measures 1, 43, 800 ... ... 21. -Do – IV – Municipal ... ... ... Administration 22. -Do – IV – Civil Supplies 1,70,900 ... 1,70,900 Department 23. Scientific Departments 76,000 ... ... 24. Education (General) 65,60,000 ... 65,60,000 25. Education (Technical) 2,57,500 ... 2,57,500 26. Medical ... ... ... 2,88,400 ... 2,88,400 27. Public Health – I – Public 12,52, 900 ... 12,52,900 Health 28. –Do- II- Public Health ... 24, 90,000 ... 24, 90,000 Engineering. 29. Agriculture ... ... 18, 41,200 ... 18,41,200 30. –Do- II – Fisheries ... 56,200 ... 56,200 31. Rural Development ... 1,85,000 ... 1,85,000 32. Animal Husbandary ... 9,45,900 ... 9,45,900 33. Co-operation ... 4,44,500 ... 4,44,500 34. Industries – I – Sericulture 5,14,900 ... 5,14,900 and Weaving 35. – Do- II Cottage Industries 6,24,600 ... 6,24,600 4 SCHEDULED – (contd) (1) (2) (3) sums not exceeding Grant Services and purposes Voted by the Charged on the Total No. (Major Heads) Assembly Consolidated Fund Rs. Rs. Rs. 36. – Do- III – Major Industries 92,500 ... 92,500 37. I – Community Development 33, 11,000 ... 33, 11,000 Project, National Extension Service. 38. II – Local Development ... ... ... Works. 39. Labour & Employment – I - 26,000 ... 26,000 Labour. 40. –Do- II – Factories ... 12,000 ... 12,000 41. –Do- III – Inspector of Steam 5,000 ... 5,000 Boilers. 42. –Do-IV – Employment and 1,48,700 ... 1,48,700 Training. Miscellaneous, Social and Development Organisation--- 43. –Do- Statistics –I-Directorate 1,70,900 ... 1,70,900 of Statistics. 44. – Do- Statistics – II – Vital ... ... ... Statistics,Raingauges,etc. 45. –Do- Other Miscelleaneous 30,200 ... 30,200 Organisations-III-Plan- -ning Organisation. 46. –Do- IV-Directorate of Adver 1,49,000 ... 1,49,000 -tising and Visual Publicity. 47. –Do- Other Miscelleaneous ... ... ... Organisation – V – Directorate of Housing. 5 SCHEDULED – (contd) (1) (2) (3) sums not exceeding Grant Services and purposes Voted by the Charged on the Total No. (Major Heads) Assembly Consolidated Fund Rs. Rs. Rs. 48. Labour- Other Miscelleneous 26, 38,500 ... 26, 38,500 -IV – Directorate of Social Welfare. 49. –Do – Other Miscelleneous 16,000 ... 16,000 Organisations – VII –Soldiers’ Sailors’ and Airmen’s Board. 50. –Do-VIII – Town and Country 3, 40,000 ... 3, 40,000 Planning Organisation. 51. –Do- IX – Tourist. Organisa- 2, 82,200 ... 2, 82,200 -tion. 52. –Do-X – Preservation and 5,000 ... 5,000 Translation of Ancient Manu- -script. 53. –Do- Other – Miscellaneous Organ 62,600 ... 62,600 -isation – XI – Pooled Transport. 54. Do- XII – Dairy Development. 7, 28,700 ... 7, 28,700 55. Irrigation , N.E.D. Works 1,50,000 ... 62,600 and 100 – C.O. on N.E.D etc. 55 A Electricity Schemes ... ... ... ... 56. Public Works,etc. ... 92, 85,000 ... 92, 85,000 57.Do-Establishment Tools and 19,00,000 ... 92,85,000 Plant. 57 A Road and Water Transport 1, 00,000 ... 1,00,000 Schemes – A- Road Trans- -port. 58. Famine Relief ... ... 1,20,000 ... 1,20,000 6 SCHEDULED – (contd) (1) (2) (3) sums not exceeding Grant Services and purposes Voted by the Charged on the Total No. (Major Heads) Assembly Consolidated Fund Rs. Rs. Rs. Pension and other Retirement ... ... ... Benefits. Territorial and Political ... ... ... Pensions. Payment of Commuted value ... ... ... of Pensions. Payment to Retrenched ... ... ... Personnel. 60. Stationary and Printing 3,73,100 ... 3,73,100 61. Forest ... ... ... 1,90,500 ... ... 62. –Do- II- Soil Conservation. 8,71,600 ... ... 63. Miscellaneous – I – Expenditure 59,300 ... ... on account of State Prisoners and Deterus, etc. 64. II- Donations for Charitable 57,100 ... ... Purposes, etc. 65. Do-III- Grants-in-aid, Contri- 15,000 ... ... butions, etc. 66. Do- IV- Expenditure on Issue 9,53,800 ... ... of Free Ration and Rice Concession. 67. –Do- IV- Expenditure on 1,00,000 ... ... Displaced Persons. 68. . –Do- V- Advanced Tech- ... ... ... -nical Training and Schola- -rship. 69. –Do- VII- Miscellaneous and ... ... ... Unforeseen Charges. 59 7 SCHEDULED – (contd) (1) (2) (3) sums not exceeding Grant Services and purposes Voted by the Charged on the Total No. (Major Heads) Assembly Consolidated Fund Rs. Rs. Rs. 70. –Do- VIII-Civil Defence 1,13,800 ... 1,13,800 71. Other Miscellaneous Compensa- ... ... ... -tion and Assignment. 72. Extraordinary Charges ... 100 ... 100 73. Pre-partition Payments ... ... ... ... 74. Payment of Compensation to Land ... ... ... Holders,etc., on the abolition of the Zamindary System. 75. Do-I – Investment in other Comm- ... ... ... -ercial and Industrial undertakings. 76. Do-II- Investment in Co-operative 5,75,000 ... 5,75,000 Societies. 77. Do-III – Other Miscellaneous 23,000 ... 23,000 undertakings. 78. Capital Outlay on Public Works 92,00,000 ... 92,00,000 outside the Revenue Account. 79. Capital Outlay on other Works. ... ... ... 80. A Capital Outlay on Roads and 3,25,000 ... 3,25,000 Water Transport Schemes – A - Road Transport. 80.Capital Outlay on Schemes of 3,50,000 ... 3,50,000 Government Trading. 81. Appropriation to Contingency 50, 00,000 ... 50, 00,000 Fund. O – Public Debt ... ... ... 51,30,300 51,30,300 Loans and Advances by State Government - 8 SCHEDULED – (contd) (1) (2) (3) sums not exceeding Grant Services and purposes Voted by the Charged on the Total No. (Major Heads) Assembly Consolidated Fund Rs. Rs. Rs. 82. I-Loans to Municipal Corpo- ... ... ... -ration and Muinicipalities. 83. II – Agricultural Loans ... 17,000 ... 17,000 84. III – Loans to Autonomous ... ... ... District Council. 85. IV – Loans under Community ... ... ... Project. 86. V – Loans Co-operative 1,01,500 ... 1,01,500 Societies. 87. VI – Industrial Loan ... ... ... ... 88. VIII – Loans to displaced Persons 1,500 ... 1,500 89. VIII – Educational Loans ... ... ... ... 90. IX – Tea Garden Land Utilisa- ... ... ... -tion Loans, etc,. 91. X – Housing Loans ... 75,000 ... 75,000 92. XI – Loans to major Industries ... ... ... 93. XII – Loans to Electricity Board ... ... ... 94. XIII – Advances to Government 1,82,500 ... 1,82,500 Servants, etc. 95. XIV– Loans to Panchayati Raj ... ... ... Institutions. 96. XV – Loans for development of ... ... ... Live-stock Industries. 97. XVI – Miscellaneous Loans and 2,000 ... 2,000 Advances. Total ... ... 6, 58, 55,900 61, 40,200 7,19,96,100 9 MEGHALAYA ACT 2 OF 1972 THE LEGISLATIVE ASSEMBLY OF MEGHALAYA (SPEAKER AND DEPUTY SPEAKER SALARIES AND ALLOWANCES) ACT, 1972 (As passed by the Assembly) (Received the assent of the Government on the 21st April, 1972) (Published in the Gazette of Meghalaya, Extraordinary, dated 24th April, 1972) An Act to fix the salaries and all allowances and allowances of the Speaker and Deputy Speaker of the Legislature Assembly of Meghalaya Be it enacted by the Legislature of Meghalaya in the Twenty-third Year of the Republic of India as follows:- Short title and commencement 1. (1) This Act may be called the Legislative Assembly of Meghalaya. (Speaker and Deputy Speaker Salaries and Allowances) Act,1972 (2) It shall be deemed to have come into force on the 21st of January, 1972. Salary of Speaker and Deputy Speaker 2. There shall be paid to the Speaker of the Legislative Assembly of Meghalaya a salary of rupees one thousand two hundred and fifty per mensem and the Deputy Speaker a salary of rupees eight hundred and fifty per mensem throughout their term of office. Residential accommodation for Speaker and Deputy Speaker 3. (1) The Speaker and the Deputy Speaker shall each be entitled without payment of rent to the use of a free-furnished residence in Shillong, and also at any other place which the Government may for the purpose of this Act declare to be the headquarters of Government for the time being , for so long as such declaration remains in force. (2) Such residence shall be maintained at the public expense which shall not exceed the amount prescribed by rules. Explanation: -For the purpose of this section “maintenance” in relation to a residence shall include in the payment of local rates and taxes and the provision of electricity and water. 10 Allowance in lieu of residence in certain cases. 4. Where the Speaker or the Deputy, as the case may be, does not occupy any such residence provided by the Government as is referred to in section 3, a house rent allowance at the rate of rupees hundred and fifty per mensem in the case of the Speaker and at the rate of rupees three hundred and fifty per mensem in the case of the mensem in the case of the Deputy Speaker and such services allowance s as may be prescribed by rules shall be paid in lieu of such residence. Conveyance for the Speaker and Deputy Speaker 5. The Government may provide for the use of the Speaker and the Deputy Speaker respectively a suitable conveyance: Provided that, if the Speaker or Deputy Speaker maintains his own car such Speaker or Deputy Speaker shall be entitled to a conveyance allowance of rupees three hundred per mensem. Prohibition against practising any profession or drawing salary as member during tenure of office as Speaker or Deputy Speaker 6. Neither the Speaker nor the Deputy Speaker shall during his term of his office as such – (i) practise any profession or engage himself in any trade or undertake for remuneration any employment other than his duties as Speaker or Deputy Speaker, or (ii) be entitled to any salary or allowance as a member of the Legislative Assembly of Meghalaya. Use of residence and conveyance on relinquishing office. 7. The Speaker and the Deputy Speaker shall continue to be entitled to the privilege of the use of the free-furnished residence and Government conveyance period not exceeding one month subject to conditions prescribed by rules. Travelling and Daily Allowance. 8. The Speaker and the Deputy Speaker shall be entitled, while touring on public business, to travelling and subject to such conditions as may be prescribed by rules. Medical treatment and benefits 9. The Speaker and the Deputy Speaker and the members, of their family shall be entitled to such medical treatment and benefit as may be laid down by rules to be made by the Government. Explanation. - (1) For the purpose of this section the expression “the members of their family” shall mean and include such members as may be prescribed by rules. (2) Those who are entitled to free medical at enhance and treatment may take the same from any registered physician of their choice – Allopathic, Ayurvedic, Unani or Homoeopathic and medical bills on prescription of such physicians are reimbursable. 11 Power to make rules 10. The Government may, by notification , make rules to carry out the purposes of this Act, and in particular, such rules may prescribe – (a) the conditions subject to which the Speaker or Deputy Speaker, as the case may be, on ceasing to hold office as such shall be entitled to the use of the free-furnished residence and the Government conveyance; (b) the period during which, and the conditions subject to which daily allowances may be drawn and the circumstances under which such allowances may be withheld; (c) the conditions under which and the journeys for which travelling allowance shall be admissible; (d) the facilities for medical attendance and treatment which may be provided for the Speaker and the Deputy Speaker and members of their families. Repeal of Meghalaya State Ordinances 3 of 1972 11. The Legislative Assembly of the State of Meghalaya (Speaker and Deputy Speaker Salaries and Allowances) Ordinance, 1972 is hereby repealed. 12 MEGHALAYA ACT 3 OF 1972 THE PREVENTION OF DISQUALIFICATION (MEMBERS OF THE LEGISLATIVE ASSEMBLY OF MEGHALAYA) ACT, 1972 (As passed by the Assembly) (Received the assent of the Governor on the 23rd April, 1972) (Published in the Gazette of Meghalaya, Extraordinary, dated 24th April, 1972) An Act to declare certain offices of profit not to disqualify their holders for being chosen as , and for being, members of the Legislative Assembly of Meghalaya. Be it enacted by the Legislature of Meghalaya in the Twenty-third Year of the Republic of India as follows:- Short title and commencement. 1. (1) This Act may be called the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972. (2) It shall be deemed to have come into force on the 21st day of January, 1972. Removal of disqualification in certain cases 2. A person shall not be disqualified or shall not be deemed ever to have been disqualified for being, a member of the Legislative Assembly of Meghalaya by reason of the fact that he holds any of the offices specified in the Schedule in so far as it is an office of profit under the State Government. Repeal of Meghalaya State Ordinances and 5 or 1972 3. The Prevention of Disqualification (Members of the Legislative Assembly of the State of Meghalaya) Ordinance, 1972 and the Prevention of Disqualification (Members of the Legislative Assembly of the State of Meghalaya) Ordinance, 1972 are hereby repealed. THE SCHEDULE (See Section 2) 1. Any office held by a Minister, Minister of State, Deputy Minister or Parliamentary Secretary for Meghalaya. 2. The office of the Minister of State or the Deputy Minister to the Government of Meghalaya. 13 3. The office of the Parliamentary Secretary to the Government of Meghalaya. 4. The office of the Government Pleader or Public Prosecutor. 5. The office of the part-time. Professor, Lecturer, Instructor or Teacher in Government Educational Institutions. 6. Medical practitioner rendering part-time service to Government. 7. The office of the Chairman, Vice-Chairman or member of any Committee, Board or authority appointed by the Government of India or Government of any State specified in the First Schedule to the Constitution of India. Explanation:- 1 “Committee” means any Committee, Commission, Council or any other body of one or more persons, whether statutory or not, set up by the Government of India or the Government of any State. Explanation:- 2 “Board or Authority” means any corporation, company, society or any other body of one or more persons whether incorporated or not, established, registered or formed by or under any Central law or law of any State for the time being in force or exercising powers and functions under any such law. 8. Any office under the Government which is not a whole time office remunerated either by salary or fee. 9. The office of the Chairman, Chief Executive Member, or other Executive Member or ordinary member of a District Council in an autonomous District or any member nominated to such a District Council by the Governor . 10. Any office hold in the Territorial Army or National Cadet Corps. 11. The office of the Speaker or Deputy Speaker of the Legislative Assembly of the Meghalaya. 12. The office of the Chairman or Vice-Chairman of the Municipal Board. 13. Any office in a Village Defence Party (by whatever name called) constituted by or under the authority of the State Government. 14. The Office of Chairman or Member of the Committee of any Cooperative Society (which is registered under any law for the time being in force relating to the registration of Co-operative Societies) to which appointment is made by the State Government, or the office of Liquidator or Joint Liquidator to which appointment is made by the Registrar of Co operative Societies or the Office of nominee of the Registrar whether appointed individually or to a board or nominees. 14 MEGHALAYA ACT 4 OF 1972 THE MEGHALAYA (MINISTERS’ SALARIES AND ALLOWANCES ACT, 1972) (As passed by the Assembly) (Received the assent of the Governor on the 23rd April, 1972) [Published in the Gazette of Meghalaya, Extraordinary, dated 24th April, 1972] An A c t to determine the salaries and allowances of the “Chief Minister and other Ministers of Meghalaya. Be it enacted by the Legislature of Meghalaya in the Twenty-third Year of the Republic of India as follows:- Short title and commencement 1. (1) This Act may be called the Meghalaya (Ministers’ Salaries and Allowances) Act, 1972. (2) It shall be deemed to have come into force on the 21st day of January, 1972. Salaries of the Chief Minister, other Ministers and Ministers of State 2. There shall be paid :- (a) To the Chief Minister a salary of rupees one thousand five hundred per mensem; (b) To every other Ministers a salary of rupees eight hundred and fifty per mensem ; and (c) To every Minister of State a salary of rupees eight hundred and fifty per mensem. Residential accommodation of the Chief Minister, other Minister and Ministers of State. 3. (1) The Chief Minister, other Ministers and Ministers of State shall be entitled without payment of rent to the use of a free-furnished residence in Shillong and also at any other place which Government may for the purpose of this Act declare to be the headquarters of Government for the time being, for so long as such declaration remains in force. (2) The residence shall be maintained at the public expense which shall not exceed the amount prescribed by rules. 15 Explanation: - For the purpose of this section “maintenance” in relation to a residence shall include the payment of local rates, taxes and provision of electricity and water. Allowance in lieu of residential accommodation in certain cases . 4. Where the Chief Minister, other Ministers and Ministers of State as the case may be, do not occupy any such residence provided by the Government as is referred to in section 3 a house rent allowance at the rate of rupees three hundred and fifty per mensem in the case of the Chief Minister and other Ministers and at the rate of rupees two hundred per mensem in the case of Ministers of State and such service allowances as may be prescribed by rules shall be paid in lieu of such residence. Conveyances for the Chief Minister, other Ministers and Ministers of State. 5. The Government may provide for the use of the Chief Minister, other Ministers or Ministers of State a suitable conveyance and may by rules provide for their maintenance and repair. Provided that if a Minister chooses to maintain his own car, such Minister shall be entitled to conveyance allowance of rupees three hundred per mensem. Prohibition against practising any profession or drawing salary as Member during tenure of office as Minister. 6. The Chief Minister, any other Minister or Minister of State shall not during the tenure or his office – (i) Practise any profession or engage himself in any trade or undertake for remuneration any employment other than his duties as Chief Minister, other Ministers or Ministers of State. (ii) Be entitled to any salary or allowance as a member of the Legislative Assembly of Meghalaya. Use of residence and conveyance after relinquishing office 7. The Chief Minister , other Minister or Minister of State shall continue to be entitled to the privilege of the use of the freefurnished residence and Government conveyance on his ceasing to hold office as such for a period not exceeding one month subject to condition prescribed by rules. Travelling and Daily allowance. 8. The Chief Minister, every other Minister and every Minister of State shall be entitled, while touring at such rates and subject to such conditions as may be prescribed by rules. 16 Medical treatment and benefits. 9. The Chief Minister, other Ministers and Minister of State and the members of their family shall be entitled to such medical treatment and benefits as may laid down by rules to by the Government. Explanation – 1. For the purpose of this section the expression “the members of their family” shall mean and include such members as may be prescribed by rules. 2. Those who are entitled to free medical attendance and treatment may take the same from any registered physician of their choice – Allopathic and Ayurvedic. Unani or Homoeopathic and medical bills on prescription of such physicians are reimbursable, Power to make rules 10. The Government may, by notification, make rules to carry out the purposes of this Act and , in particular, such rules may prescribe – (a) the conditions under which the Chief Minister, other Ministers and Minister of State on ceasing to hold office as such shall be entitled to the use of the free-furnished residence and the Government conveyance ; (b) the period during which and the conditions under which daily allowances may be drawn and the circumstances under which such allowances may be withheld ; (c) the conditions under which and the journeys for which travelling allowance shall be admissible ; (d) the facilities for medical attendance and treatment which may be provided for the Chief Ministers, other Ministers and Ministers of State and members of their families. Repeal of the Meghalaya State Ordinance 3 1972 11. The State of Meghalaya (Ministers’ Salaries and Allowance) Ordinance, 1972 is hereby repealed/ 17 MEGHALAYA ACT 5 OF 1972 THE CONTINGENCY FUND OF MEGHALAYA ACT, 1972 (As passed by the Assembly) (Received the assent of the Governor on the 23rd April, 1972) [Published in the Gazette of Meghalaya, Extraordinary, dated 24th April, 1972] An Act to provide for the Establishment and Maintenance of a Contingency Fund. Be it enacted by the legislature of Meghalaya in the Twenty-third Year of the Republic of India as follows:- Short title. 1. This Act may be called the Contingency Fund of Meghalaya Act, 1972. Establishment of the Contingency Fund of Meghalaya. 2. There shall be established a Contingency Fund in the nature of an imprest to be entitled the “Contingency Fund of Meghalaya ”, into which shall be paid from and out of the Consolidated Fund of Meghalaya a sum of rupees fifty lakhs. Custody of Contingency Fund and withdrawals therefrom. 3. The Contingency Fund of Meghalaya shall be held on behalf the Governor by the Secretary to the Government of Meghalaya in the Finance Department and no advance shall be made out of such fund except for the purpose of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislature of Meghalaya under appropriations made by law. Power to make rules 4. For the purpose of carrying out the object of this Act, the Government of Meghalaya may made rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into and the withdrawal of moneys from, the Contingency Fund of Meghalaya. Repeal of Meghalaya Act 2 of 1970 5. The Contingency Fund of Meghalaya Act, 1970 is hereby repealed. 18 MEGHALAYA ACT 6 OF 1972 THE MEGHALAYA CRIMINAL LAW (AMENDMENT) ACT, 1972 (As passed by the Assembly) (Received the assent of the Governor on the 23rd April, 1972) [Published in the Gazette of Meghalaya, Extraordinary, dated 24th April, 1972] An Act to amend the Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills of the State of Meghalaya hereinafter referred to as the principal Rules and matters ancillary thereto. Be it enacted by the legislature of Meghalaya in the Twenty-third Year of the Republic of India as follows:- Short title extent and commencement. 1. (1) This Act may be called the Meghalaya Criminal Law (Amendment) Act, 1972. (2) It shall have the like extent as the principal Rules. (3) It shall be deemed to have come into force on the 2nd day of February, 1972. Amendment of the principal Rules 2. The Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills, shall stand amended as follows:- (1) In rule 1, for the words “the Khais Hills District”, the words “the Khasi Hills District and Jaintia Hills District” shall be substituted. (2) In the principal Rules, for the words, “the Khasi Hills and Jaintia Hills”, wherever they occur, the words “the Khasi Hills District and Jaintia Hills District” shall be substituted. (3) In rules 6 and 33 of the principal Rules, the words, “and the Subdivisional Officer,Jowai” shall be delected. Deletion of sub-section 3 of Section 2 of Assam Act XIV of 1960 3. Sub-section (3) of section 2 of the Assam Autonomous Districts Administration of Justice Act, 1960 as amended by the Assam Act XII of 1968 shall be delected. 19 Assimillation of Laws 4. All laws which immediately before the coming into force of this Act, are in force in the United Khasi Jaintia Hills District, shall continue to be in force in the Khasi Hills District and the Jaintia Hills District. Provided that except where the context otherwise requires all reference therein to the Deputy Commissioner, Additional Deputy Commissioner or Assistant to the Deputy Commissioner of the the United Khasi-Jaintia Hills District, Subdivisional Officer, Jowai, as the case may be, shall be read as referring respectively to the Deputy Commissioner, Additional Deputy Commissioner or Assistant to the Deputy Commissioner of the Khasi Hills District and the Jaintia Hills District. Provided further that every case, suit, appeal, application for revision , proceedings or other business relating to both civil and criminal justice pending before the before the Court of Deputy Commissioner, Additional Deputy Commissioner or Assistant to the Deputy Commissioner, United Khasi and Jaintia Hills District of before the Court of Subdivisional Officer, Jowai, as the case may be, shall be transferred or deemed to have been transferred for disposal to the Court of the Deputy Commissioner, Additional Deputy Commissioner or Assistant to the Deputy Commissioner, the Khasi Hills District and the Jaintia Hills District, as the case may be, which may have been the competent authority to entertain and dispose of such case, suit, appeal application for revision , proceedings or other business, had this Act been in force on the date of the institution and commencement of the same; and latter court or courts shall deal with and dispose of the same in accordance with law. Power to remove difficulty 5. If any difficulty arises in fiving effect to the provision of this Act, the Governor may, by order, do anything no inconsistent with such provision which appears to him to be necessary or expedient for the purpose of removing the difficulty. Repeal of the Meghalaya State Ordinance 6 of 1972 6. The Meghalaya Criminal Law. (Amendment Ordinance, 1972 is hereby repealed). 20 MEGHALAYA ACT 7 OF 1972 THE MEGHALAYA INTERPRETATION AND GENERAL CLAUSES ACT, 1972 (As passed by the Assembly) (Received the assent of the Governor on the 15th May, 1972) [Published in the Gazette of Meghalaya, Extraordinary, dated 15th May, 1972] Arrangement of sections Sections: CHAPTER I Preliminary 1. Short title and commencement. 2. Application of Act. CHAPTER II Definitions 3. Definitions. 4. Definitions in enactments to apply unless the context otherwise requires. CHAPTER III General Rules of Construction 5. Territorial extent of Meghalaya Acts. 6. Coming into force of enactments. 7. Expiry of temporary enactments. 8. Marginal notes not part of enactments. 9. Government to be bound by enactments. 10. Effect of incorporation. 11. Offences by companies. 12. Gender and number. 13. Commencement and termination of time in any enactment. 14. Computation of time. 15. Expression of time. 21 Sections : 16. Duty to be taken prorate. 17. Measurement of distances. 18. Penalties provided to be maximum penalties 19. Deviation from forms. 20. Acts done on holidays. 21. Provisions as to offences punishable under two or more enactment. Repeal and expiry of enactments CHAPTER IV 22. Effect of repeal. 23. Repeal of law making actual amendment in other laws. 24. Construction of reference to repealed enactments. 25. Revival of appealed enactment. 26. Effect of expiration of enactment. CHAPTER V Powers and Functionaries 27. Exercise of powers and performance of duties. 28. Powers incidental for effective exercise of powers granted. 29. Power so appoint to include power to appoint ex-officio. 30. Power to appoint to include power to suspend or dismiss. 31. Substitution of functionaries. 32. Successors. 33. Official Chiefs and subordinates. CHAPTER VI Powers and Functionaries 34. Making of rules or bye-laws and issuing of orders between passing and commencement of enactment. 35. Power to make rules, etc., includes power to add, amend, vary or rescind rules, etc. 36. Provisions applicable to making of rules or bye laws after previous publication. 37. Constitution of appointments, rules, etc, issued under enactment repealed and re- enacted. 22 Sections: 38. Construction of rules, notifications, etc., issued under enactment. 39. Publication and commencement of rules 40. Laying of rules before Legislative Assembly. CHAPTER VII Miscellaneous 41. Citation of enactments. 42. Recovery of fines 43. Meaning of service by post. THE MEGHALAYA INTERPRETATION AND GENERAL CLAUSES ACT, 1972 An Act to provide for the interpretation of Meghalaya enactment and for shortening the language thereof Be it enacted by the legislature of Meghalaya in the Twenty-third Year of the Republic of India as follows:- CHAPTER I Preliminary Short title and commencement. 1. (1) This Act may be called the Meghalaya Interpretation and General Clauses Act, 1972. (2) It shall be deemed to have come into force on the 21st day of January, 1972. Application of Act. 2. Sale as otherwise expressly provided herein, the provisions of this Act shall apply, unless the context otherwise, requires to this Act and to all other enactments, whether passed before or after the commencement of this Act. 23 CHAPTER I Definitions Definitions. 3. In all enactments, unless the context otherwise require – (1) “abet” with its grammatical variations General Act and cognate expression, has the same meaning as in the Indian Penal Code; Central Act 45 of 1860 (2) “act” used with reference to an offence or a civil wrong denotes a series of act as well as a single act, and words which refer to acts done extend also to illegal omission ; (3) “affidavit” means a statement in writing, signed by the person making it and confirmed by oath. (4) “Assam Act” means an Act made by the Chief Commissioner of Assam in Council under the Indian Councils Acts, 1861 to 1909 or any of those Acts, or under the Government of India Act, 1915 or by the Local Legislature of Assam under the Government of India Act, or by the Provincial Legislature or the Governor of Assam under the Government of India Act,1935, or by the Legislature of the State of Assam under the Constitution; (5) “attested” in relation to a document means attested by a witness who has seen the executants sign the document, or has received from the executants a personal acknowledgement of his signature, and who has signed the document in the presence of the executants, but no particular form of attestation shall be necessary ; (6) “autonomous State” means the autonomous State of Meghalaya formed under section 3 of the Assam Reorganisation (Meghalaya) Act,1969; Central Act 55 of 1969 (7) “Bengal Act” means an Act made by the Lieutenant Governor of Bengal in Council under the India Councils Act, 1861, or the Indian Councils. Acts, 1861 and 1892 or the Indian Councils Acts,8161 and 1909 or made by the Governor in Council of Fort William in Bengal under the Indian Council Acts, 8161 and 1909, or by the Local Legislature of Bengal under the Government of India Act; 24 (8) “Central Act” means an Act of Parliament and includes an Act passed or made before the commencement of the Constitution, (a) by the Dominion Legislature or the Indian Legislature or; (b) by the Governor-General in Council or the GovernorGeneral acting in a legislative capacity. (9) “Centrally Government” in relation to anything done or to be done after the commencement of the Constitution, means the President, and include in relation to functions entrusted under clause (1) of Article 248 of the Constitution to the Government of Meghalaya, the Government of Meghalaya acting within the scope of the authority given to it under that clause; (10) “chapter” means a chapter of the enactment in which the word occurs ; (11) “child” in the case of any one whose personal law permits adoption, include an adopted child. (12) “clause” occurring in a section which has no subsection, means a subdivision of that section and occurring in a sub-section means a subdivision of that sub-section. (13) “collecto” means the chef officer in-charge of the revenue administration of a district. (14) “commencement” used with reference to an enactment means the day on which the enactment comes into force ; (15) “commissioner” means the chief officer in-charge of the revenue administrative of a division. (16) “constitution” means the Constitution of India ; (17) “consular officer” include consul-general, consul, vice-consul, consular agent, pro-consul and any other person for the time being authorised to perform the duties of a consul-general, consul, vice-consul or consular agent; (18) “daughter” in the case of any one whose personal law permits adoption, includes an adopted daughter ; 25 (19) “day” means a period of twenty-four hours beginning as midnight; (20) “daughter-commissioner” means the chief officer incharge of the general administration of a District; (21) “district court” means the principal civil court of original jurisdiction but does not include the High Court in the exercise of its ordinary or extra ordinary original civil jurisdiction; (22) “district judge” means the judge of a district court, and includes an additional districts judge; (23) “document” includes any matter written, expressed inscribed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended to be used or which may be used as evidence of that matter; (24) “Eastern Bengal and Assam” means the territories which were under the administration of the LieutenantGovernor of Eastern Bengal and Assam immediately prior to the constitution of the Chief Commissionership of Assam in 1909; (25) “Eastern Bengal and Assam Act” means an Act made by the Lieutenant-Governor of Eastern Bengal and Assam in Council under the Indian Councils Act, 1861 to 1909. (26) “enactment” means an Act of the Meghalaya Legislature, and includes a Regulation, Meghalaya Ordinance and any provision contained in any Act, Regulation of Ordinance as aforesaid; (27) “father” in the case of any one whose personal law permits adoption, includes an adoptive father ; (28) “financial year” means the year commencing on the first day of April; (29) “good faith”- a thing shall be deemed to be done in good faith, where it is in fact done honestly, whether it is done negligently or not; (30) “Government” or “the Government” includes the State Government as well as the Central Government ; 26 (31) “Government of Meghalaya” means the Governor; (32) “Government securities” means securities of the Government of Meghalaya, the Central Government or any other Government; (33) “High Court” means the Guwahati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura) (34) “immovable property” includes land benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth ; (35) “imprisonment” means imprisonment of either description as defined in the Indian Penal Code ; Central Act 45 of 1898 (36) “judicial proceeding” includes any proceeding in the course of which evidence is, or may be, legally taken; (37) “local authority” means a municipal corporation, a municipality, a municipal committee, a local or district board or any other authority legally entitled to, or entrusted by the Government with the control or management of, a municipal or local fund ; (38) “local law” means a law applicable to a party only of Meghalaya ; (39) “magistrate” includes every person exercising all or any of the powers of a magistrate under the Code of Criminal Procedure,1898, or under any other law for the time being in force relating to criminal procedure ; Central Act 5 of 1898. (40) “master” used with reference to a ship; includes every person (except a pilot or harbour master) having for the time being command or charge of the ship. (41) “Meghalaya” means the State of Meghalaya formed under section 5 of the North-Eastern Area (Reorganisation) Act, 1971 and comprising the areas specified therein ; Central Act 81 of 1971 (42) “Meghalaya Act” means an Act passed by the Legislative of Meghalaya ; (43) “month” means a month reckoned according to the Gregorian Calendar ; 27 (44) “movable property” means property of every description except immovable property; (45) “notification” means notification in the official Gazette ; (46) “oath” includes an affirmation and a declaration in the case of persons by law allowed to affirm or declare instead of swearing; (47) “offence” means any act or omission made punishable by any law for the time being in force ; (48) “official Gazette” means the official Gazette of Meghalaya ; (49) “Meghalaya Ordinance” means an Ordinance promulgated by the Governor of Meghalaya ; (50) “part” means a part of the enactment in which the word occurs. (51) “person” includes any company or association or body of individuals whether incorporated or not ; (52) “prescribed” means prescribed by rules made under an enactment in which the word occur; (53) “public” includes any class or section of the public ; (54) “public nuisance” means a public nuisance as defined in the Indian Penal Code ; Central Act 45 of 1860 (55) “registered” used with reference to a document, means registered in India under the law for the time being in force for the registration of documents ; (56) “Registration” means a Regulations made by the Governor under the Sixth Schedule to the Constitution or under the Government of India Act, 1935, and shall include the Regulation as defined in clause (50) of section 3 of the General Clauses Act, 1897 ; (57) “rule” means a rule made in exercise of a power conferred by any enactment, and includes a regulation made as a rule under any enactment ; (58) “schedule” means a schedule to the enactment in which the word occurs ; 28 (59) “section” means a section of the enactment in which the word occurs : (60) “ship” includes every description of vessel used in navigation not exclusively propelled by oars ; (61) “sign” with its grammatical variations and cognate expressions, used with reference to a person who is unable to write his name, includes “mark” with its grammatical variations and cognate expressions ; (62) “son” in case of any one whose personal law permits adoption, includes an adopted son ; (63) “special law” means a law applicable to a particular subject ; (64) “State” means a State specified in the First Schedule to the Constitution, and includes a Union territory ; (65) “sub-section” means a sub-section of the section in which the word occurs ; (66) “swear” with its grammatical variations and cognate expressions, includes affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing ; (67) “vessel” includes any ship or boar or boar or any other description of vessel used in navigation ; (68) “will” and “codicil” have the meanings respectively assigned to them in the Indian Succession Act, 1925 ; Central Act 30 of 1925 (69) “writing” – expressions referring to writing shall be constructed as including reference to printing, typewriting, photography and other modes of representing or reproducing words in a vehicle form; (70) “year” means a year reckoned according to the Gregorian Calendar. Definitions in enactments to apply unless the context otherwise requires. 4. In every enactment, where a word is defined - (a) the definition shall apply unless the context of the enactment otherwise requires (b) grammatical variations of that word and cognate expressions shall have corresponding meanings. 29 CHAPTER III General Rules of Construction Territorial extent of Meghalaya Acts 5. Every enactment shall , unless the contrary is expressly provided therein, apply to the whole of Meghalaya 6. (1) Where a Meghalaya Act is not expressed to come into force on a particular day, then, it assent of the Governor in first published in the official Gazette. (2) Unless the contrary intention is expressed , a Meghalaya Ordinance shall come into force on the day on which it is promulgated by the Governor; (3) Unless the contrary intention is expressed, every enactment shall be constructed as coming into force immediately on the expiration of the day preceding the day on which it comes into force. Expiry of temporary enactments 7. Where an enactment is expressed to expire, lapse or otherwise cease to have effect on a particular day, it shall, unless the contrary intention is expressed, be constructed as ceasing to have effect immediately on the commencement of the following day. Marginal notes not part of enactments 8. The marginal notes appearing against any provision of any enactment, and the reference to the number and date of any number and date of any former law in the margin against any such provision, shall form no part of the said enactment and shall be deemed to have been inserted for the sake of convenience only. Government to be bound by enactments. 9. In the absence of an express provision to the contrary, every enactment shall be binding on the Government. Effect of incorporation 10. Where any enactment constitutes a body corporate by any form of words, that body corporate shall have perpetual succession and a common seal and may enter into contracts by its corporate name, acquire ,hold and dispose of property, whether movable or immovable, and sue or be sued by its corporate name. Offences by companies 11. (1) If a person committing an offence under any enactment is a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at time of the commission of the offence shall the deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. 30 Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Where an offence under any enactment has been committed by a company , any director, manager, secretary or other officer of the company, not being a person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence , shall, if it is proved that the offence has been committed with his consent or convenience or that the commission of the offence is attributable to any neglect on his part, also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation For the purpose of this section – (a) “company” means any body corporate and includes a firm or other association of persons, and (b) “director” in relation to a firm, means a partner in the firm. Gender and number 12. In all enactments unless a different intentions appeals – (a) words importing the masculine gender shall be taken to include females ; (b) words in the singular shall be taken to include the plural and vice-versa. Commencement and termination of time in any enactment. 13. In any enactment, it shall be sufficient – (a) to use the word “from” or the word “after” for the purpose of excluding the first in a series of days ; (b) to use the word “to” for the purpose of including the last in a series of days ; (c) to use the word “on” or the word “with ” for the purpose of including the day on which the period is expressed to begin or to end ; and (d) in relation to the interval between two events, to use the words “clear days” or “at least” or “not less than” a number of days for the purpose of excluding the days on which the events happen and merely to specify the number of days for the purpose of excluding the days on which the events happen and merely to specify the number of days for the purpose excluding the days on which the first event happens and including the day on which the second event happens. 31 Computation of time 14. Where by any enactment any act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a specified period, then, if the court or office is closed on that day or the last day of the specified period, the act or proceeding shall be considered as done or taken in due time it is done or taken on the next day afterwards on which the court or office is open.; Provided that nothing in this section shall apply to any act or proceeding to which the Limitation Act, 1963 applies. Central Act 6 of 1963 Expression of time. 15. Where, in any enactment, any reference to a specified time of the day occurs, such time shall, unless it is otherwise specifically stated, be deemed to mean the Indian Standard Time. Duty to be taken prorate 16. Where, by any enactment , any duty of customs or excise or in the nature thereof, is leviable on any given quantity by weight , measure or value of any goods or merchandise, then a like duty is leviable according to the same rate on any greater or less quantity. Measurement of distances 17. In the measurement of any distance for the purpose of any enactment, that distance shall , unless a different intention appears, be measured in a straight line on a horizontal plane. Penalties provided to be maximum penalties 18. Whenever in any enactment a punishment is provided for an offence, such punishment shall unless a different intention appears, be deem to be the maximum punishment for that offence. Deviation from forms. 19. Save as otherwise expressly provided by any enactment, whenever a form is prescribed by any enactment, slight deviations there from, not affecting the substance or calculated to mislead, shall not invalidate it. Act done on holidays. 20. Save as otherwise expressly provided by any enactment, no act done by any authority, whether such authority is judicial or executive shall be invalid by reason only of its having been done on a public holiday. Provision as to offences punishable under two or more enactments. 21. Where an act or omission constitutes an offence under two or more enactments, the offender shall be liable to be prosecuted or punished under either or any of them, but shall not be liable to be punished twice for the same offence. 32 CHAPTER IV Repeal and expiry of enactments Effect of repeal 22. Where a Meghalaya Act, Ordinance or Regulation repeals any enactment, then, unless a different intention appears, the repeal shall not – (a) Revive anything not in force or existing at this time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or anything duly done or suffered there under ; or (c) affect any right, privilege, obligation or liability, acquired, accrued or incurred under any enactment so repealed ; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right , privilege, obligation, liability, penalty, forfeiture of 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 the repealing Act had not been passed. Repeal of law making textual amendment in other laws 23. Where a Meghalaya Act, Ordinance or Regulation (not being an Act which is to cease to have effect or to cease to operate on the expiry of a particular period or on the happening of a particular contingency) amends the text of any enactment by the express omission, insertion or substitution of any matter, and any such amending Act is subsequently repealed, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment was in force at the time of the repeal. Construction of reference to repealed enactments. 24. Where a Meghalaya Act, Ordinance or Regulation repeals and re=enacts, with or without modification, any provision of a former enactment, then references in any other enactment to the provision so repealed, shall unless a different intention appears, be constructed as references to the provision so re-enacted. 25. In any enactment, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, it shall be necessary expressly to state that purpose. 33 Effect of expiration of enactment. 26. Where an enactment ceases to have an effect or ceases to operate on the expiration of a particular period or on the happening of a particular contingency, then, unless a different intention appears, the expiry shall not affect – (a) the previous operation of, or anything duly done or suffered under the enactment; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under that Act; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against that Act; 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 andy any such penalty, forfeiture or punishment may be imposed as if the Act had not expired. CHAPTER V Powers and Functionaries Exercise of powers and performance of duties`` 27. Where, by any enactment any power is conferred or any duty is imposed, then, unless a different intention appears, that power may be exercised and that duty shall be performed from time to time as occasion requires. Power incidental for effective exercise of powers granted. 28. Where, by any enactment, a power is conferred on any person or functionary to do or enforce the doing of any act or thing, all such powers shall deemed to be also conferred as are necessary to enable such person or functionary to do or enforce the doing of such act or thing. Power to appoint to include power to appoint ex-officio 29. Where, by any enactment, a power to appoint any person to fill any office or execute any function is any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment may be made either by name or by virtue of office. Power to appoint to include power to suspend or dismiss 30. Where, by any enactment, a power to make any appointment is conferred, then , unless a different intention appears, the authority having for the time being power to make the appointment shall also have power suspend or dismiss any person appointed whether by itself or by any other authority in exercise of that power. 34 Substitution of function 31. In any enactment, it shall be sufficient for the purpose of indicating the application of the law to every person or number of persons for the time being executing the functions of an office, mention the official title of the officer who is, at the time of the passing of the enactment, exercising the functions, or that of the officer by whom the functions are commonly exercised. Successors. 32. In any enactment it shall be sufficient for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations. Official Chiefs and subordinates. 33. In any enactment, it shall be sufficient, for the purpose of expressing that a law relating to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to specify the duties of the superior. CHAPTER VI Subordinate Legislation Making of rules or bye laws and issuing of orders between passing and commencement of enactment.. 34. Where, by any enactment which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws or to issue orders with respect to the application of the enactment or with respect to the establishment of any court or office or the appointment of any judge or officer there under or with respect to the person by whom, or the time when, or the place where , or the manner in which , or the fees for which, anything is to be done under the enactment, then, unless a different intention appears, that power may be exercised at any time after the passing of the enactment , but rules, bye laws or orders so made or issued shall not take effect till the commencement of the enactment. Power to make rules,etc., includes power to add,amend, vary or rescued rules etc. 35. Where, by any enactment, a power to issue rules, notifications, orders, schemes, forms or bye-laws is conferred, then, unless a different intention appears that power includes a power to add to, amend, vary or rescind any rules, notifications, orders, schemes, forms or bye-laws so issued in the same manner and subject to the same sanction and conditions(if any) as the power to issue the rules, notifications, orders, schemes, forms or bye-laws. 35 Provisions applicable to making of rules or bye-laws after previous publication.. 36. Where, by any enactment, a power to make rules bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then, the following provisions shall apply, namely:- (a) the authority having power to make the rules or byelaws, shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby ; (b) the publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the Government may prescribe ; (c) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration. (d) the authority having power to make the rules or byelaws, and, where the rules or bye-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or bye-laws from any person with respect to the draft before the date so specified ; (e) the publication in the official Gazette of a rule or byelaw purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye –law has been duly made. Continuation of appointments, rules, etc., issued under enactment repealed and re-enacted. 37. Where, nay enactment is repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, rule, notification, order, schemes, form or bye-law made or issued under the repealed enactment, shall re-enacted, continue in force and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, rule, notification, order, scheme, form or bye-law made or issued under the provisions so re-enacted. Construction of rules , notifications, etc., issued under enactments. 38. Where, by any enactment, a power issue any rule, notification, order, scheme, form or bye-law is conferred, then , expressions used in the rule, notification, order, scheme, form or by- law shall unless a different intention appears, have the same respective meanings as in the enactment conferring the power. 36 Publication and commencement of rules 39. Every rule made under any enactment shall be published in the official Gazette and shall, in the absence of an express provision to the contrary either in the rule or in the enactment under which it is made, come into force on the day on which is published in the official Gazette. Laying of rules before Legislative Assembly 40. (1) Every rule made by the Government of Meghalaya under any enactment shall be laid as soon as may be after it is made before the Legislative Assembly of Meghalaya while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or resolves that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (2) If any rule is not laid before the Legislative Assembly in accordance with the provisions of sub-section (1) is shall, on the expiry of two successive sessions immediately following the publication of the rule, cease to have effect, without prejudice to the validity of anything previously done under that rule. 37 CHAPTER VII Miscellaneous Citation of enactment