[18 May 1923]
An Act to repeal the Punjab
Loans Limitation Act, 1904
It is
hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the Repealing (Punjab Loans
Limitation) Act, 1923.
(2) It extends to the Punjab .
(3) It shall come into force on [4][4]such date as the [5][5][Provincial Government] may, by notification, appoint in
this behalf.
3. Revival of the [7][7][*
* *] Limitation Act, 1908.—
Save as provided under sections 4 and 5, from the date of the commencement of
this Act, any suit falling under the description of suits given in the Schedule
to the Punjab Loans Limitation Act, 1904, shall be governed in so far as the
point of limitation is concerned, by the provisions of the [8][8][* * *] Limitation Act, 1908[9][9], and the provisions of the [10][10][* * *] Limitation Act, 1908 shall apply accordingly.
4. Saving of limitation as regards pending
suits.— Notwithstanding anything herein
contained, no suit, appeal or other proceeding pending in any court at the date
of the commencement of this Act, shall be dismissed on the ground that it is
barred by limitation, provided that it would not have been so dismissed if the
Punjab Loans Limitation Act, 1904, had been in force.
5. Saving
of limitation as regards existing causes of action.—
No suit instituted within two years of the date of the [11][11][commencement] of this Act, which
would not have been barred by limitation if the Punjab Loans Limitation Act,
1904, had been in force, shall be held to be barred by limitation by reason of
this Act only.
[1][1]This Act
received the assent of the Governor of the Punjab
on 31st March, 1923 ;
that of the Governor-General on 5th
May, 1923 ; and, was published in the Punjab Gazette, Part I, dated 18th May, 1923 , page 454.
[2][2]For
statement of objects and reasons see
Punjab Gazette, 1922, Part V, page 225; for select Committee’s Report see ibid., 1923, Part V, pages 80-81 and
for proceedings in Council see Punjab
Legislative Council debates pages 805-08, 899 and 1508-18.
[4][4]This Act
came into force on the 15th June, 1923-see
notification No. 16613, dated 1st June, 1923 , in Punjab
Gazette, 1923, Part I, page 486.
[5][5]Substituted,
for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India
[7][7]The word
“Indian” omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954
(XV of 1955), section 2 and Schedule I, Part II.
[8][8]The word
“Indian” omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954
(XV of 1955), section 2 and Schedule I, Part II.
[10][10]The word
“Indian” omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954
(XV of 1955), section 2 and Schedule I, Part II.
[11][11]Substituted,
for the word “passing”, by the Repealing (Punjab Loans Limitation) (Amendment)
Act, 1925 (VII of 1925).
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