ORDER These are two revision petitions under Himachal Pradesh (Transferred Territory) Tenants Protection of Rights Act, 1968, arising out of the orders of the Assistant Collector 1st Grade, Dehra passed on I3th June, 1969 on two applications filed by S/Shri Sunder and Shri Nikka. Since the point of law involved in both the revision petitions is the same these are being disposed of through this single order. 2. Brief facts of these cases are that the petitioner Sarvashri Sunder and Nika residents of Paisa, Tehsil Dehra applied to the Assistant Collector 1st Grade on 2-11-1968 and 8-11-1968 that they have been evicted by respondents land-owners without following the due process of law from the land measuring 16 Kanals and 8 Marias comprised in Khata No. 2-min field Nos. 8, 23, 25, 29 and measuring 16 KanaJs comprising field No. 58 respectively in Tikka Dasman, Mauja Paisa, Tehsil Dehra. The Assistant Collector 1st Grade heard the parties and rejected the applications as time barred on the ground that the applications were not presented within the period of three months of the commencement of the Act. 3. Aggrieved by these orders, the petitioners have preferred these revision petitions under Section 6 of the said Act on the ground that the Assistant Collector 1st Grade has erred in computing the period of three months from the c1ate of assent of the President instead of the date of its publication in the Gazette. 4. I have heard the learnt counsel for the petitioners. None was present on behalf of the respondents and the case was heard ex-parte. 5. The Himachal Pradesh (transferred(Territory) Tenants Protection of Rights Act, :19S8> received; the assent of the President on, 23-M968 and was published in the H. P. Rajpatra on 11-9-1968. The main point for determination in the revision petition? is the date of commencement of the said Act viz. whether the Act came into force with effect from the date of the receipt of the assent of the President or from the date of its publication in the H. P. Rajpatra.
The main point for determination in the revision petition? is the date of commencement of the said Act viz. whether the Act came into force with effect from the date of the receipt of the assent of the President or from the date of its publication in the H. P. Rajpatra. The learned Assistant Collector 1st Grade held that in view of the fact that there was no-separate Himachal Pradesh General Clauses Act and that since Himachal Pradesh was a Union Territory, the date of commencement of the Act should «be .determined with reference to the provisions of the Central General Clauses Act and not the Punjab General Clauses Act. 6. Section 5 of the Central General Clauses Act reads as follows:— (1) "Where any Central, Act is not expressed to come into, operation on a particular day then it shall come into operation on the day on which it receives the assent-— (a) In the case of a Central Act, made before the commencement of the Constitution, of the Governor General ; and (b) in the case of an Act of Parliament, of the President. 7. A plain reading of the above provisions of the Central General Clauses Act makes it amply clear that the provisions of Section 5 of the Central General Clauses Act are applicable only in case of Central Acts. Though the Himachal Pradesh (Transferred Territory! tenants Protection of Rights Act, 1968. was assented by the President-since Himachal Pradesh was a Union Territory but it was definitely not a Central Act The assent of the President was necessary as the Central Government was exercising the. powers of the State Government. Himachal Pradesh had its own Legislature which passed the said Act. Therefore; there is-no doubt that the Himachal Pradesh (Transferred Territory) Tenants Protection of Rights Act, 1968, is a State Act and not a Central Act and, as such, the provisions of the Central General Glauses1 Act did not apply. 8. We have now to examine whether the commencement of the Apt is to be determined with reference to the Punjab General Clauses Act.? The Punjab General Clauses Act was applicable in the Transferred Areas of the State to which this Act was made applicable. 9.
8. We have now to examine whether the commencement of the Apt is to be determined with reference to the Punjab General Clauses Act.? The Punjab General Clauses Act was applicable in the Transferred Areas of the State to which this Act was made applicable. 9. Section 3 of the Punjab General Clauses Act lays down as under: (a) "In the case of a Punjab Act made before the commencement of the Constitution, it shall come into operation, if it is an Apt of the Legislature, on the day on which the assent thereto of the Governor, the Governor General or His Majesty, as the case may require, is first published in "the official gazette and if it is an Act of the Governor, on the day on which it is first published as an Act in the Official Gazette; and (b) In the case of a Punjab Act made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the official gazette; 10. The Assistant Collector 1st Grade held the view that since it was not a Punjab Act the Punjab General Caluses Act was not applicable in this case. It is true that the Himachal Pradesh (Transferred Territory) Tenants Protection of Rights Act, 1968, is not a Punjab Act. It is, however, to be in mind that the Himachal Pradesh (Transferred Territory) Tenants Protection of Rights Act, 1968 was applicable only to the merged areas where Punjab General Clauses Act was applicable though only in respect of Punjab Actor The Supreme Court of India held in Harla v. The State of Rajasthan that in the absence of any special law or custom, it would be against the principles of natural justice to permit the subject of a State to be punished or penalised by laws of which they had no knowledge and of which they could not even with the exercise of reasonable diligence have Required any knowledge. Natural justice requires that before a, law, can become operative must-be promulgated or published.
Natural justice requires that before a, law, can become operative must-be promulgated or published. It must be broadcasted in some recognisable way so that all men may know that is; or at the very least, there must be some special rule of regulation or customary channel by or through which such knowledge can be acquired with the exercise of due and reasonable diligence. 11. In a marginal case like this where the applicability of the Punjab General Clauses Act can be challenged on the ground that the Punjab General Clauses Act governs the provisions of the Punjab Acts only, a view, which is in keeping with the principles of natural, justice, has to be, taken. I, therefore, hold that the commencement of the Himachal Pradesh (Transferred Territory) Tenants Protection of Rights Act, 1968, should be taken from the date of its publication in the Government Gazette and accept the revision petitions setting aside the orders of the learned Assistant Collector 1st Grade. Announced Petitions allowed.