Jammu and Kashmir (Extension of Laws) Act, 1956
No: 62 Dated: Sep, 25 1956
THE JAMMU AND KASHMIR (EXTENSION OF LAWS) ACT, 1956
ACT NO. 62 OF 1956
An Act to provide for the extension of certain laws to the State of Jammu and Kashmir.
BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the Jammu and Kashmir (Extension of Laws) Act, 1956.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Extension and amendment of certain laws.—(1) The Acts and Ordinance mentioned in the Schedule and all rules, orders and regulations made there under are hereby extended to, and shall be in force, in the State of Jammu and Kashmir.
(2) With effect from the commencement of this Acts the Act and Ordinance mentioned in the Schedule shall be amended as specified therein.
3. Construction of references to laws not in force in Jammu and Kashmir.—Any reference in any Act or in the Ordinance mentioned in the Schedule to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.
4. Construction of references to authorities where new authorities have been constituted.—Any reference by whatever form of words in any law for the time being in force in the State of Jammu and Kashmir* to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in that State shall, where a corresponding new authority has been constituted by or under any law now extended to that State, have effect as if it were a reference to the new authority.
5. Repeals and savings.—If immediately before the commencement of this Act there is in force in the State of Jammu and Kashmir* any law corresponding to any Act or Ordinance now extended to that State, that law shall, save as otherwise expressly provided in this Act, stand repealed on such commencement: Provided that the repeal shall not affect—
(a) the previous operation of any law so repealed or anything duly done or suffered hereunder,
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed,
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or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 Act had not been passed:
Provided further that, subject to the preceding proviso, 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 provisions of the Act or Ordinance now extended to that State, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act or Ordinance.