Meghalaya Adaptation and Application of Laws Act,
1971

Act No. 2 of 1971

Date: 07 Dec 1971

An

Act

to provide for the extension of certain laws to areas in
Meghalaya which they are now not in force for the removal of doubts
as to application of laws in certain other cases, for the
adaptation or modification of such of the laws in force in
Meghalaya as are within the Legislative competence of the Meghalaya
Legislature, for determining the local extent of all such laws and
for matters connected therewith or incidental thereto

Be it enacted by the Legislature of Meghalaya in the Twenty-
Second Year of the Republic of India as follows:-

1. Short title, extent and commencement:-

(1) This Act may be called the Meghalaya Adaptation and
Application of Laws Act, 1971.

(2) It extends to the whole of Meghalaya.

(3) It shall be deemed to have had effect and come into force on
the 2nd day of April, 1970.

2. Definitions:-

In this Act-

(a) “appointed day” means the second day of April, 1970 ;

(b) “existing law” means any law relating to a matter specified
in Second Schedule to the Assam Re-organisation (Meghalaya) Act,
1969, made before the appointed day which continues to be in force
in Meghalaya or any part thereof after the appointed day and
includes any order, bye-law, rule, scheme, notification or other
instrument so in force which was made under any such law.

3. Application and extent of certain central
Acts:-

The Central Acts mentioned in the First Schedule, with the
amendments to which they have been subjected before the appointed
day, shall be deemed to have come into force on the appointed day
in those areas of Meghalaya in which they were not in force before
the said day, and accordingly, unless otherwise provided,-

(a) the Central Acts mentioned in Part I of the said Schedule
shall extend to and shall be in force in, the whole of Meghalaya
including Shillong ;

(b) the Central Acts mentioned in Part II of the said Schedule
shall extend to, and shall be in force in, the whole of Meghalaya
except Shillong; and

(c) reference to any of the Acts mentioned in the First Schedule
to the expression “State Government” or “Government” shall be
construed as reference to the “Government of Meghalaya” and
reference to the expression “State” shall be construed as reference
to “Meghalaya”.

4. Application and extent of certain Regulations, Assam
Acts etc.:-

(1) As from the appointed day, the laws mentioned in the Second
Schedule, with the amendments to which they have been subjected
before the appointed day and which are for the time being
applicable to Meghalaya or any part thereof, shall have effect,
subject to the adaptations or modifications directed by that
Schedule, or if it so directed shall stand repealed ; and

(2) As from the appointed day, every such law as is referred to
in sub-section (1) Shall, unless otherwise provided extend to the
whole of Meghalaya, except Shillong.

5. General Adaptations:-

Whenever an expression mentioned in column (1) of the Table
hereunder printed occurs in any existing law mentioned in the
Second Schedule, then unless that expression is by this Act
expressly to be otherwise adapted or modified or to stand
unmodified or to be omitted, there shall be substituted therefor
the expression set opposite to it in column (2) of the Table, and
there shall also be made in any sentence in which the expression
occurs such consequential amendments as the rule of grammar may
require :

TABLE

1

2

1. Assam

Meghalaya

2. Governor, Governor of Assam

Governor of Assam exercising functions as Governor in relation
to Meghalaya.

3. Official Gazette

Official Gazette, which expression shall stand unmodified and
shall mean the Gazette of Meghalaya but wherever the words
“notification in the” preceded it the expression “in the official
Gazette” shall be omitted.

4. State, the State, the State of Assam and the Assam State
(except where it occurs in the expressions State Government or
inter-State or inter-State Government)

Meghalaya.

5. Government, State Government, State Government of Assam,
Assam Government, or Government of Assam

Government of Meghalaya.

6. Amendment of Short title of Acts
containing the word “Assam” etc .-

(1) Where in the Short title of any of the existing laws
mentioned in the Schedule to this Act, the expression “Assam”,
“Bengal” or “Eastern Bengal and Assam” occurs, there shall be
substituted therefor the word “Meghalaya”, and the year of the Act
occurring at the end of the Short title shall be omitted.

(2) Reference by its Short title to any such law as is referred to
in sub-section (1) in any other law shall be construed as reference
to such law as amended by that sub-section.

7. Reference to laws not in force in
Meghalaya to be construed as reference to corresponding laws
.-

Any reference in any existing law specified in the Schedule to a
law which in not in force in Meghalaya or any part thereof shall be
construed as a reference to the corresponding law, if any, in force
in Meghalaya or part thereof, as the case may be.

8. Alteration of functionaries not to
affect action taken etc .-

The provisions of this Act which have the effect of modifying
and existing law so as to other the manner in which, the authority
by which, or the law under or in accordance with which, any powers
are exercisable, shall not render invalid any notification, order,
commitment, attachment, bye-law, rule or regulation duly made or
issued or any thing done before the appointed day and any such
notification, order, commitment, attachment, bye-law, rule,
regulation or thing may be revoked, varied or undone in the like
manner to the extent and in the circumstances as if it has been
made, issued or done after the commencement of this Act by the
corresponding authority and under and in accordance with the
provisions then applicable to such a case.

9. Saving of previous operation of
existing law .-

Nothing in this Act shall effect the previous operation of, or
anything duly done or suffered under, any existing law, or any
right, privilege, obligation, or liability already acquired,
accrued or incurred under any such law or any penalty, forfeiture
or punishment incurred in respect of any offence already committed
against any such law.

10. Power of Courts to construe laws to
facilitate application .-

Any Court, tribunal or authority required or empowered to
enforce any law in force in Meghalaya or part thereof immediately
before the appointed day shall, notwithstanding that this Act makes
no provision or insufficient provision for the adaptation of the
law, construe the law with all such adaptations as are necessary
for the propose of facilitating its application.

11. Power to Remove difficulties
.-

(1) If any difficulty arises in giving effect to the provisions
of any existing law now extended to the whole or any part of
Meghalaya, the Government of Meghalaya by order notified in the
Official Gazette, make such provisions or give such directions as
appear to it to be necessary for the removal of the difficulty.

(2) In particular and without prejudice to the generality of the
foregoing power, any such notified order may-

(a) specify the corresponding authorities within the meaning of
Section 8;

(b) provide for the transfer of any matter pending before any
Court, tribunal or other authority immediately before the appointed
day to any corresponding Court, tribunal or other authority for
disposal;

(c) specify the circumstances in which or the extent to which or
the conditions subject to which anything done before the appointed
day (including any of the matter specified in Section 8) shall be
recognised or given effect to after the appointed day.

Sch.1. SCHEDULE I .-

CENTRAL ACTS

[See Section 3 (a)]

1. The Interest Act, 1839 (32 of 1839).

2. The Judicial Officers’ Protection Act, 1850 (18 of 1850).

3. The caste Disabilities Removal Act, 1850 (21 of 1850).

4. The Public Servants Inquiries Act, 1850 (37 of 1850).

5. The Hindu Widows’ Remarriage Act, 1856 (15 of 1856).

6. The Coverts’ Marriage Dissolution Act, 1866 (21 of 1866).

7. The Pensions Act, 1871 (23 of 1871).

8. The Married Women’s Property Act, 1874 (3 of 1874).

9. The Anand Marriage Act, 1909 (7 of 1909).

10. The Destructive Insects and Pests Act, 1914 (2 of 1914).

11. The Provident Funds Act, 1925 (19 of 1925).

12. The Hindu Inheritance Removal of Disabilities Act, 1928 (12 of
1928).

13. The Child Marriage Restraint Act, 1929 (19 of 1929).

14. The Parsi Marriage and Divorce Act, 1936 (2 of 1936).

15. The Dissolution of Muslim Marriages Act, 1939 (8 of 1939).

PART II

[Sec Section 3 (b)]

1. The Indian Tolls Act, 1851 (8 of 1851).

2. The Court-Fees Act, 1870 (7 of 1870).

After Section 1-A. insert-

“I-B. Power to modify Act.- It extends to Meghalaya with such
exceptions or modifications as are in force : Provided that the
Government of Meghalaya may, by notification direct that this Act
shall apply to or in relation to any Court in Meghalaya or in any
part thereof with such exceptions or modifications, as may be
specified in the notification”.

3. The Cattle Trespass Act, 1871 (1 of 18710.

4. The Indian Treasure-Trove Act, 1878 (6 of 1878).

5. The Hackney Carriage Act, 1879 (14 of 1879).

6. The Elephants Preservation Act, 1879 (6 of 1879).

7. The Vaccination Act, 1880 (13 of 1880).

8. The Municipal Taxation Act, 1881 (11 of 1881).

9. The Revenue Recovery Act, 1890 (1 of 1890).

10. The Partition Act, 1893 (4 of 1893).

11. The Prisons Act, 1894 (9 of 1894).

12. The Indian Fisheries Act, 1897 (4 of 1897).

13. The Lepers Act, 1898 (3 of 1898).

14. The Stamp Act, 1899 (2 of 1899) :

After Section 1, insert-

“1-A. Power to modify Act.-It extends to Meghalaya with such
exceptions or modifications as are in force :

Provided that the Government of Meghalaya may, by notification,
direct that the Act shall apply in Meghalaya or any part thereof
with such exceptions, restriction and modifications, as may be
specified in the notifications”.

15. The Government Buildings Act, 1899 (4 of 1899).

16. The Prisoners Act, 1900 (3 of 1900).

17. The Indian Registration Act, 1908 (16 of 1908).

After Section I, insert-

“1-A. Power to modify Act.-It extends to Meghalaya with such
exceptions or modifications as are in force :

Provided that the Government of Meghalaya may, by notification
direct that this Act shall apply in Meghalaya or any part thereof
with such exceptions, restrictions and modifications, as may be
specified in the notification”.

18. The Local Authorities Loans Act, 1914 (9 of 1914).

19. The Hindu Disposition of Property Act, 1916 (15 of 1916).

20. The Destruction of Records Act, 1917 (5 of 1917).

21. The Local Authorities Pensions and Gratuities Act, 1919 (1 of
1919).

22. The Identification of Prisoners Act, 1920 (33 of 1920).

23. The Indian Succession Act, 1925 (39 of 1925).

Sch.2. SCHEDULE II .-

[See Section 4]

BENGAL REGULATIONS

1. The Bengal Alluvion and Diluvion Regulation, 1825. (Bengal
Regulation 2 of 1825), Section 4-First Proviso, for “under the
provisions of Regulation 2,1819, or of any Regulation in force”
substitute “under any law for the time being in force, Regulations
under the Government of Indian Acts of 1870 and 1915”.

2. The Assam Rates Regulation, 1879 (Regulation 3 of 1879).
Section 1. For Section I, substitute-

“I. (1) This Regulation may be called the Meghalaya Local Rates
Regulations.

(2) It extends to the whole of Meghalaya, but shall come into
force in the United Khasi Jaintia Hills District only on such date
as the Government of Meghalaya may, by notification, appoint”.

Section 9-Omit Clause (4).

In Clause (5), in Sub-Clause (b), omit “is situated in any place
other than the permanently settled portions of Cachar and Goalpara
and the same”.

Omit sub-Clause (d) and in the proviso, omit “or sub-Clause
(d)”.

Section 8. For Section 8, substitute-

“8. In appeal from the order of any officer appointed under
Section 6 to assess or collect a rate shall lie to the Board of
Revenue and the order passed on such appeal by the Board shall be
final.” The word “any government”, wherever they occur, shall stand
unmodified.

3. The Assam Land and Revenue Regulations, 1866 (Regulation I of
1886). 1. Section 1. For sub-sections (2) an (3), substitute-

“(2) Sections 12 (2), 12 (3), 69, 94, 144, 147 (a), 147 (b) with
proviso (iii), Sections 148,149,150,151, Section 154 as substituted
and new Section 154-A as inserted hereunder, Section 155 with the
exception of Section 154-A as inserted hereunder. Section 155 with
the exception of Clauses (d) and (f), Sections 156 and 157, shall
alone apply to Meghalaya”.

“(3) Sections 147 (a), 147 (b) with the proviso (iii), 148, 149,
150, 151, 154, 154-A, 155 with the exception of Clauses (d) and
(f), 156 and 157 of the Regulation shall come into force at
once”.

2. (a) Section 154. For Section 154, substitute-

“154, Matters exempted from cognizance of Civil Court.-Except when
otherwise expressly provided in this Regulation, or in rules issued
under this Regulation, no Civil Court shall, exercise jurisdiction
in any matter regarding ejectment of any person from land over
which no person has accrued the right of a proprietor, landholder
or settlement- holder and the disposal of any crop raised, or any
building or other construction erected without authority on such
land”.

(b) After Section 154 as so substituted, insert-

“154-A.-(1) Notwithstanding anything contained in any judgment,
decree or order of any Court, any notice served or any action taken
or any penalty imposed or any ejectment done under sub-rules (1),
(2), (3a) and (3b), (4), (5) and (5a) of Rule 18 of the Settlement
Rules made under the principal Act shall be and always be deemed to
have been validity done

(2) No suit or other proceeding shall be maintained or continued
in Court against the Government or any person or authority for any
act done or purported to have been done under sub-rules (1), (2),
(3a) and (3b), (4), (5) and (5a) of Rule 18 of the Settlement Rules
made under the principal Act.

(3) No Court shall enforce any decree or order against the
Government or any other person for any action taken or purported to
have been taken under sub-rules (1), (2), (3a) and (3b), (4), (5)
and (5a) of Rule 18 of the Settlement Rules made under the
principal Act”.

4. The Assam Forest Regulation, 1891 (Regulation 7 of 1891).
Section 1. for sub-sections (2), (3) and (4) substitute-

“(2) It extends to the whole of Meghalaya :

Provided that the Government of Meghalaya may, by notification,
exempt any place from the operation of the whole or any part
thereof and withdraw such exemption.

(3) Clause (c) of Section 72 of the Regulation shall come into
force at once”.

(2) Section 72, For Clause (c) substitute-

“(c) to provide for ejectment of any person who has entered into
unauthorised occupation in a Forest Reserve and for the disposal of
any crops raised, or any building or other construction erected
without authority in Forest Reserves :

No Civil Court shall exercise jurisdiction in any matter provided
for by the rules made under the clause”.

5. The Chin Hills Regulation, 1895 (Regulation 5 of 1896), Section
1. For “specified in the Schedule” substitute-

“in Meghalaya”.

Omit the Schedule.,

ACTS OF THE LIEUTENANT-GOVERNOR OF BENGAL IN COUNCIL

6. The Bengal Prevention of Inoculation Act, 1865 (Bengal Act 4 of
1865), Long title, Omit “in the town and suburbs of Calcutta and in
towns to which Act 3 of 1864, passed by Lieutent- Governor of
Bengal in Council, has been or shall hereafter be extended”.

Preamble. Omit the second paragraph.

Section 2. For “enter the town of Calcutta or any other town”
substitute “enter any town”.

Section 3, For Section 3, substitute-

“3. It shall be lawful for the Government of Meghalaya, by
notification to extend this Act to any town or place in Meghalaya
in which it shall appear to the Government of Meghalaya that at the
time of such notification there exists proper and sufficient
arrangements for the inoculation of the inhabitants thereof with
the cow-pox”.

7. The Bengal Vaccination Act, 1880 (Bengal Act 5 of 1880).
Preamble, Omit “in the town, port and suburbs of Calcutta and in
other towns and selected local areas in the territories
administered by the lieutenant-Governor of Bengal to which this Act
may be hereafter extended”.

Section 1. For paragraphs (1) and (2), substitute-

“(1) This Act may be called the Vaccination Act”.

“(2) It shall not come into force in any town or area of its own
force but the Government of Meghalaya, may, by notification,
declare its intention to extend this Act or any of its provisions
to any town or selected local area in Meghalaya”.

In the last paragraph, omit “This Act shall come into force from
the day on which it may be published in the official Gazette with
the assent by the Governor-General; but”.

Section 9. For Section 9, substitute-

“9. Appropriation of the fees.-All such fees shall be appropriated
in such manner as the Government of Meghalaya may direct”.

Omit Sections 14 to 17 and the heading above the said
sections.

Section 18. for “under the provisions of Chapter X of the Calcutta
Municipal Consolidation Act, 1876 or any other law” substitute
“under any law”.

Section 19. Omit “or if the child was born out of Town of Calcutta
or his birth has not been registered in the said town”.

Section 21. For “under the provisions of the Calcutta Municipal
Consolidation Act, 1876 or of any other law”, substitute “under any
law”.

Section 25. Omit the words commencing with “In any Municipality”
and ending with the words “made to the Commissioner, and”.

Section 32. Omit “or the Corporation”.

Section 33. In Clause (b), omit “outside the town of
Calcutta”.

For the expression in the Schedules “Bengal Vaccination Act,
1830”, wherever it occurs, substitute “Vaccination Act”.

8. The Private Fisheries Protection Act, 1889 (Bengal Act 2 of
1889).

ACTS OF THE LIEUTENANT-GOVERNOR OF EASTERN BENGAL AND ASSAM IN
COUNCIL

9. The Assam Excise Act, 1910 (Eastern Bengal Act 1 of 1910). Long
title and Preamble. Omit “In Eastern Bengal and Assam”.

Section 1. Omit sub-sections (2), (3) and (4).

Omit Section 2 and the First Schedule.

Section 7. Omit “Save as is provided in Section 2 and in the First
Schedule”. Omit Section 24.

ACTS OF THE GOVERNOR OF BENGAL IN COUNCIL

10. The Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of
1913). Long title and Preamble. Omit “in Bengal”.

Section 1. For Section 1, substitute- “1. This Act may be called
the Public Demands Recovery Act”. Omit Section 2

Section 20. Omit sub-sections (3) and (4).

Section 35. Omit sub-section (3).

Schedule I

In item 1, for “the Bengal Land Revenue Sales Act, 1859 or the
Bengal Land Revenue Sales Act, 1868 or any other law” substitute
“any law”. Omit item 2.

In item 4, omit or (iii) to be recovered under the Bengal Land
Revenue Sales Act, 1868″.

Omit items 10, 11 and 12.

Schedule II

In item 46, Omit sub-items (3), (4) and (5).

In item 47, Omit sub-items (3).

In item 48, Omit the proviso.

Omit items 62, 64 and 67.

11. The Assam War Hyacinth Act, 1926 (Assam Act 3 of 1926).
Section 1. Omit sub-section (2).

Section 2. In Clause (2), omit “constituted under Section 329 of
the Assam Municipal Act, 1923”.

12. The Assam Temperance Act, 1926 (Assam Act 4 of 1926). Omit
Section 2.

Section 3, For Section 3, substitute-

“This Act shall come into force in any locality on such date as
the Government of Meghalaya may, by notification, appoint and
different dates may be appointed for different localities”.

13. The Assam Opium Smoking Act, 1927 (Assam Act 3 of 1927).

14. The Assam Highways Act, 1928 (Assam Act 1 of 1928).Section 1
Omit sub-sections (2) and (3).

15. The Assam Private Fisheries Protection Act, 1935 (Assam Act 1
of 1935). Section 1. For sub-section (2), substitute-

“(2) The Indian Fisheries Act 1897, is to be read as supplemental
to this Act”.

16. The Good Conduct Prisoners’ Probational Release Act, 1938
(Assam Act 2 of 1938).

17. The Assam Agricultural Income-Tax Act, 1939 (Assam Act 9 of
1939). Preamble. For “the Province of Assam”, substitute
“Meghalaya”.

Sections 3 and 6 shall stand modified.

Omit Section 11.

Section 24. In sub-section (1) for “Assistant Commissioner of
Taxes”, substituted “Commissioner of Taxes”.

Category
Write a comment:

*

Your email address will not be published.

*

×
Talk to legalpundits now +91 7666653425 & 022 - 49156000