THE REPEALING (PUNJAB LOANS LIMITATION) ACT, 1923

(Punjab Act III of 1923)

C O N T E N T S

Sections

         1.         Short title, extent and commencement.

         2.         Repeal.

         3.         Revival of the Limitation Act, 1908.

         4.         Saving of limitation as regards pending suits.

         5.         Saving of limitation as regards existing causes of action.

 

[1]THE REPEALING (PUNJAB LOANS LIMITATION) ACT, 1923

[2](Punjab Act III of 1923)

[18 May 1923]

An Act to repeal the Punjab Loans Limitation Act, 1904

Preamble.— WHEREAS it is expedient to repeal the Punjab Loans Limitation Act, 1904[3];

      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]such date as the [5][Provincial Government] may, by notification, appoint in this behalf.

2.   Repeal.— The Punjab Loans Limitation Act, 1904[6], is hereby repealed.

3.   Revival of the [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][* * *] Limitation Act, 1908[9], and the provisions of the [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][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]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]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.

[3]I of 1904.

[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]Substituted, for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[6]I of 1904.

[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]The word “Indian” omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2 and Schedule I, Part II.

[9]IX of 1908.

[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]Substituted, for the word “passing”, by the Repealing (Punjab Loans Limitation) (Amendment) Act, 1925 (VII of 1925).