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State of Goa - Act

The Goa, Daman and Diu (Laws) Regulation, 1962

GOA
India

The Goa, Daman and Diu (Laws) Regulation, 1962

Act 12 of 1962

  • Published on 1 November 1956
  • Commenced on 1 November 1956
  • [This is the version of this document from 1 November 1956.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Goa, Daman and Diu (Laws) Regulation, 1962Act No. 12 of 1962Promulgated by the President in the Thirteenth Year of the Republic of India.A Regulation to extend certain laws to the Union territory of Goa, Daman and Diu.In exercise of the powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him:-

1. Short title and commencement.

(1)This regulation may be called the Goa, Daman and Diu (Laws) Regulation, 1962.
(2)It shall come into force at once.

2. Definitions.

- In this Regulation, unless the context otherwise requires,-
(a)"Act" means an Act or the Ordinance specified in the Schedule;
(b)"Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu;
(c)"Lieutenant-Governor" means the Administrator of Goa, Daman and Diu.

3. Extension with amendments of certain laws to Goa, Daman and Diu and their commencement therein.

(1)The Acts, as they are generally in force in the territories to which they extend, shall extend to Goa, Daman and Diu, subject to the modifications, if any, specified in the Schedule.
(2)Notwithstanding anything contained in sub-section (1) or in the relevant provision, if any, of each such Act for the commencement thereof, the provisions of each such Act shall come into force in Goa, Daman and Diu on such date as the Lieutenant-Governor may, by notification in the Goa, Daman and Diu Gazette, appoint:Provided that different dates may be appointed for different provisions of any Act and for different areas and any reference in any such provision to the commencement of the Act shall be construed as a reference to the coming into force of that provision in the area where it has been brought into force.

4. Repeal and saving.

(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Daman and Diu or any area thereof corresponding to any Act referred to in section 3 or any part thereof shall stand repealed as from the coming into force of such Act or part in Goa, Daman and Diu or such area, as the case may be.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 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 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, patent 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 and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act.

5. Extension of rules, orders, etc., under certain laws.

(1)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.
(2)Notwithstanding anything contained in sub-section (1), no rules, notifications, orders, regulations and bye-laws made or issued by the Central Government under the following acts, namely:-
(i) The Indian Explosives Act, 1884, 4 of 1884.
(ii) The Petroleum Act, 1934, 30 of 1934.
(iii) The Imports and Exports (Control) Act, 1947, 18 of 1947.
(iv) The Inflammable Substances Act, 1952, 20 of 1952.
(v) The Essential Commodities Act, 1955, 10 of 1955.
shall extend to, and come into force in Goa, Daman and Diu unless the Central Government, by notification in the Official Gazette, otherwise directs.

6. Rules of construction.

(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 as including a reference to the Lieutenant-Governor;
(c)until the Code of Criminal Procedure, 1898, is brought into force in that Union territory and Magistrates are appointed 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 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.

7. Trial of offences.

- 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 otherwise dealt with according to the provisions of the corresponding law in force in Goa, Daman and Diu.

8. Power to remove difficulties.

- 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 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 difficultyThe Schedule(See section 2)
Year No. Short title Modifications
1 2 3 4
1838 19 The Coasting-Vessels Act, 1838.  
1857 13 The Opium Act, 1857.  
1860 21 The Societies Registration Act, 1860.  
1860 45 The Indian Penal Code.  
1861 5 The Police Act, 1861.  
1867 25 The Press and Registration of Books Act, 1867.  
1878 1 The Opium Act, 1878.  
1878 8 The Sea Customs Act, 1878.  
1881 16 The Obstructions in Fairways Act, 1881. After the words, figures and letters "in the territorieswhich, immediately before the 1st November, 1956, were comprisedin Part A States and Part C States" wherever they occur,insert "or in the Union territory of Goa, Daman and Diu".
1881 26 The Negotiable Instruments Act, 1881.  
1883 19 The Land Improvement Loans Act, 1883.  
1884 4 The Indian Explosives Act, 1884.  
1884 12 The Agriculturists' Loans Act, 1884.  
1888 3 The Police Act, 1888.  
1890 1 The Revenue Recovery Act, 1890.  
1890 9 The Indian Railways Act, 1890.  
1897 4 The Indian Fisheries Act, 1897.  
1897 10 The General Clauses Act, 1897.  
1898 5 The Code of Criminal Procedure, 1898.  
1898 9 The Live-stock Importation Act, 1898.  
1903 7 The Indian Works of Defence Act, 1903.  
1905 4 The Indian Railway Board Act, 1905.  
1908 6 The Explosive Substances Act, 1908.  
1908 15 The Indian Ports Act, 1908.  
1910 9 The Indian Electricity Act, 1910.  
1911 2 The Indian Patents and Designs Act, 1911.  
1917 1 The Inland Steam-vessels Act, 1917.  
1917 5 The Destruction of Records Act, 1917.  
1920 15 The Indian Red Cross Society Act, 1920.  
1920 34 The Indian Passport Act, 1920.  
1922 7 The Indian Emigration Act, 1922.  
1922 22 The Police (Incitement to Disaffection) Act, 1922.  
1923 5 The Indian Boilers Act, 1923.  
1923 8 The Workmen's Compensation Act, 1923.  
1923 19 The Indian Official Secrets Act, 1923.  
1924 4 The Central Board of Revenue Act, 1924.  
1925 19 The Provident Funds Act, 1925.  
1925 26 The Indian Carriage of Goods by Sea Act, 1925.  
1926 16 The Indian Trade Unions Act, 1926.  
1927 17 The Indian Lighthouse Act, 1927.  
1930 2 The Dangerous Drugs Act, 1930.  
1931 16 The Provisional Collection of Taxes Act, 1931.  
1934 22 The Aircraft Act, 1934.  
1934 30 The Petroleum Act, 1934.  
1934 32 The Indian Tariff Act, 1934.  
1936 4 The Payment of Wages Act, 1936.  
1938 4 The Insurance Act, 1938. In section 118, clause (d), add atthe end: ";or(iv) any fund in existence in the Union territory of Goa,Daman and Diu on the 20th December, 1961 and maintained by or onbehalf of Government servants or Government pensioners or onbehalf of employees of any autonomous body and intended for themutual benefit of contributors to the fund or for any otherpurpose".
1938 5 The Manoeuvres, Field Firing and Artillery Practice Act, 1938.  
1939 4 The Motor Vehicle Act, 1939. In the Sixth Schedule, after theentry relating to the Laccadive, Minicoy and Amindivi Islands,insert:"Goa, Daman and Diu GDD."
1939 16 The Registration of Foreigners Act, 1939.  
1941 11 The Essential Services Maintenance Ordinance, 1941.  
1942 6 The Multi-Unit Co-operative Societies Act, 1942.  
1944 1 The Central Excises and Salt Act, 1944.  
1944 18 The Public Debt Act, 1944.  
1946 20 The Industrial Employment (Standing Orders) Act, 1946.  
1946 25 The Delhi Special Police Establishment Act, 1946.  
1946 31 The Foreigners Act, 1946.  
1947 2 The Prevention of Corruption Act, 1947.  
1947 7 The Foreign Exchange Regulation Act, 1947.  
1947 14 The Industrial Disputes Act, 1947.  
1947 15 The Armed Forces (Emergency Duties) Act, 1947.  
1947 18 The Imports and Exports (Control) Act, 1947.  
1947 29 The Capital Issues (Control) Act, 1947.  
1947 31 The Antiquities (Export Control) Act, 1947.  
1948 15 The Industrial Finance Corporation Act, 1948.  
1948 31 The National Cadet Corps Act, 1948.  
1948 56 The Territorial Army Act, 1948.  
1949 8 The Seaward Artillery Practice Act, 1949.  
1950 12 The Emblems and Names (Prevention of Improper Use) Act, 1950.  
1950 40 The Army and Air Force (Disposal of Private Property) Act,1950.  
1950 45 The Air Force Act, 1950.  
1950 46 The Army Act, 1950.  
1950 49 The Contingency Fund of India Act, 1950.  
1951 65 The Industries (Development and Regulation) Act, 1951.  
1952 20 The Inflammable Substances Act, 1952.  
1952 35 The Mines Act, 1952.  
1952 53 The Notaries Act, 1952.  
1952 60 The Commissions of Inquiry Act, 1952.  
1953 27 The Air Corporations Act, 1953.  
1954 27 The Delivery of Books and Newspapers (Public Libraries) Act,1954.  
1955 10 The Essential Commodities Act, 1955.  
1955 16 The Medicinal and Toilet Preparations (Excise Duties) Act,1955.  
1955 22 The Untouchability (Offences) Act, 1955.  
1955 51 The Railway Stores (Unlawful Possession) Act, 1955.  
1956 1 The Companies Act, 1956. (i) After section 2, insert:'2A. Construction of certainreferences 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 orin relation to the Companies (Amendment) Act, 1960, means thecommencement of this Act in that Union territory;(b) references to the datesspecified in sections 37 (1) and (2), 125 (1), 294 (3) (a), 295(6) and 618, and the first proviso to section 284 (1) shall beconstrued as references to the commencement of this Act in thatUnion territory;(c) reference to the 1st day ofDecember, 1949 in sub-section (4) of section 89 shall beconstrued as a reference to the 1st day of April, 1956;(d) reference to the 15th day ofAugust, 1956 in sub-section (4) of section 325 shall be construedas a reference to the 31st day of March, 1963;(e) references to the 15th day ofAugust, 1960 in section 330 and sub-section (1) of section 332shall be construed as references to the date of expiry of twoyears from the commencement of this Act in that Union territory;(f) reference to the 1st day ofMarch, 1958 in section 361 shall be construed as a reference tothe 1st day of March, 1964.";(ii) in section 3 (1) (ii), aftersub-clause (2) of clause (f) insert:"or(3) in the Union territory of Goa, Daman and Diu or any partthereof, before the commencement of this Act therein;".
1956 48 The National Highways Act, 1956.  
1956 74 The Central Sales Tax Act, 1956.  
1956 89 The Standards of Weights and Measures Act, 1956.  
1957 14 The Copyright Act, 1957.  
1957 23 The Railway Protection Force Act, 1957.  
1957 58 The Additional Duties of Excise (Goods of Special Importance)Act, 1957.  
1957 62 The Navy Act, 1957.  
1957 67 The Mines and Minerals (Regulation and Development) Act, 1957. 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 Goa, Daman andDiu, before the commencement of this Act therein and elsewhere,before the 25th day of October, 1949".
1958 21 The Rice Milling Industry (Regulation) Act, 1958.  
1958 24 The Ancient Monuments and Archaeological Sites and RemainsAct, 1958.  
1958 27 The Mineral Oils (Additional Duties of Excise and Customs)Act, 1958.  
1958 43 The Trade and Merchandise Marks Act, 1958.  
1958 44 The Merchant Shipping Act, 1958.  
1959 54 The Arms Act, 1959.  
1960 60 The Children Act, 1960.  
1961 23 The Criminal Law Amendment Act, 1961.  
1961 47 The Deposit Insurance Corporation Act, 1961.  
1859 24 The Madras District Police Act, 1859. (i) In the long title, for thewords "within the territories subject to the Presidency ofFort St. George", substitute "within the Unionterritory of Goa, Daman and Diu".(ii) In the preamble and in section8, for the words "Madras Presidency" substitute "Unionterritory of Goa, Daman and Diu".(iii) Omit section 12.(iv) In sections 42 and 43, for thewords "Madras Fire Services", substitute "FireServices in the Union territory of Goa, Daman and Diu".(v) In section 43, omit "either"and "or under section 62-A of the Madras City Police Act,1888".(vi) Omit section 54A and the Schedule.
1924 IV The Punjab Motor-Vehicles Taxation Act, 1924. (i) In the long title, preamble,section 1 (2) and section 15 (2) (c) for "Punjab"substitute "the Union territory of Goa, Daman and Diu".(ii) In section 3, sub-section (1),for the words "at the rate specified in the Schedule to thisAct" substitute "at such rate, not exceeding the ratespecified in the Schedule to this Act, as the State Governmentmay by notification specify".(iii) In section 4-(a) insub-section (1), for "before the 30th day of April, 1925"substitute "before the expiry of 30 days from thecommencement of this Act" and for "10th day of April,1925" substitute "commencement of this Act".(b) in theproviso 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 otherofficer as the State Government may specify in this behalf"and for the words "or Commissioner" substitute "orthe other officer so specified".(v) In section 15, sub-section (2), clause (i) for "States"substitute "Union territory".
1961 XXIV The Maharashtra Co-operative Societies Act, 1960. (i) Throughout the Act,-(a) for thewords "State of Maharashtra" substitute "Unionterritory of Goa, Daman and Diu";(b) for theword "State" (except where it occurs in the expression"State Government" and except in Chapter V and section159) substitute "Union territory";(c) for thewords "Official Gazette" substitute "Goa, Damanand Diu Gazette".(ii) In section 2, in clause (30),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".(v) Omit section 101.(vi) In section 111, omit clause(m).(vii) In section 149, insub-section (1), for the words "Maharashtra StateCo-operative Tribunal" substitute "Goa, Daman and DiuCooperative Tribunal".(viii) In section 159,-(a) insub-section (i) for the words "in any other State"substitute "elsewhere in India";(b) insub-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" andfor the words "Registrar of the State" substitute"Registrar of the State or Union territory".(ix) In section 165, omitsub-section (4).(x) Omit section 166.