Tamil nadu act 008 of 1964 : Tamil Nadu (Added Territories) Extension of Laws Act, 1964

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the ¹[Tamil Nadu] (Added Territories) Extension of Laws Act, 1964.

(2) Section 12 shall be deemed to have come into ??? on the 3rd day of December, 1960; and the rest of this ??? shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Definitions

2. Definitions.- In this Act, unless the context otherwise requires,-

(a) "added territories" means the territories specified ??? the Second Schedule to the Andhra Pradesh and Madras (??? Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959);

(b) "existing law" means any law, ordinance, regulation, order, by-law, or rule passed or made before the date of the commencement of this Act by Parliament, or by any Legislature, authority or person having power to make such a law, ordinance, regulation, order, by-law or rule.

Section 3. Extension of certain enactments

3. Extension of certain enactments.- So much of the enactments specified in the First Schedule as is in force on the date of the commencement of this Act in the ¹[State of Tamil Nadu] except in the added territories and relates to matters with respect to which the State Legislature has power to make laws for the State is hereby extended to, and shall be in force in, the added territories.

Section 4. Amendment of certain enactments

4. Amendment of certain enactments.- The enactments specified in the Second Schedule in so far as they apply to, and are in force in, the added territories are hereby amended to the extent and in the manner mentioned in the fourth column thereof.

Section 5. Construction of references to laws not in force in the added territories

5. Construction of references to laws not in force in the added territories.- (1) Any reference in any enactment specified in the First Schedule to a law which is not in force in the added territories shall, in relation to those territories, be construed as a reference to the corresponding law, if any, in force in those territories.

(2) Any reference in any existing law which continues to be in force in the added territories after the date of the commencement of this Act to any law repealed by section 7 shall, in relation to those territories, be construed as a reference to the enactment specified in the First Schedule corresponding to the law so repealed.

Section 6. Construction of references to authorises where new authorities have been constituted

6. Construction of references to authorises where new authorities have been constituted.- Any reference, by whatever form of words, in any existing law to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in the added territories shall, where a corresponding new authority has been constituted by or under any enactment now extended to the added territories, have effect as if it were a reference to that new authority.

Section 7. Repeal of corresponding laws

7. Repeal of corresponding laws.- ??? immediately before the date of the commencement ??? Act, there is in force in the added territories any Act ??? regulation, order, by-law, rule or other law ??? to an enactment specified in the First ??? whether such Act, ordinance, regulation, order, ??? or other law is in force by virtue of section 45 ??? Andhra Pradesh and Madras (Alteration of ???) Act, 1959 (Central Act 56 of 1959), or by ??? of any other legislative power, such corresponding ??? on the date of the commencement of this Act, ??? repealed to the extent to which the corresponding ??? to matters with respect to which the State ??? has power to make laws for the State.

Section 8. Savings

8. Savings.- (1) The repeal by section 7 of any corresponding ??? law shall not affect-

(a) the previous operation of any such law or ??? done or duly suffered thereunder, or

(b) any right, privilege, obligation or liability ??? accrued or incurred under any such law, or

(c) any penalty, forfeiture or punishment incurred ??? respect of any offence committed against any such law, or

(d) any investigation, legal proceeding or remedy ??? respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

??? any such investigation, legal proceeding or remedy ??? be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as ??? this Act had not been passed.

(2) Subject to the provisions of sub-section (1), anything done or any action taken including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, by-law or scheme framed, certificate, permit or licence granted, ??? registration effected, under such corresponding existing law shall be deemed to have been done or taken under the corresponding provision of the enactment as ??? extended to, and in force in, the added territories and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said enactment.

Section 9. Powers of courts and other authorities for purposes of facilitating application of laws

9. Powers of courts and other authorities for purposes of facilitating application of laws.- For the purpose of facilitating the application in the added territories of any enactment specified in the First Schedule, any court or other authority may construe such enactment with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.

Section 10. Extension of Tamil Nadu Act III of 1869

10. Extension of ¹[Tamil Nadu Act] III of 1869.- (1) The ²[Tamil Nadu] Revenue Summonses Act, 1869 (²[Tamil Nadu] Act III of 1869), as amended by sub-section (2) is hereby extended to, and shall be in force in, the added territories; and sections 5 to 9 shall apply in relation to that Act as if it had been included in the First Schedule.

(2) The amendments made by this sub-section have been incorporated in the principal Act, namely, the Tamil Nadu Revenue Summonses Act, 1869 (Tamil Nadu Act III of 1869).

Section 11. Extension of Tamil Nadu Act XVI of 1936

11. Extension of ¹[Tamil Nadu Act] XVI of 1936.- (1) The ²[Tamil Nadu] Famine Relief Fund Act, 1936 (²[Tamil Nadu] Act XVI of 1936), as amended by sub-section (2) is hereby extended to, and shall be in force in the added territories; and sections 5 to 9 shall apply in relation to that Act as if it had been included in the First Schedule.

(2) The amendments made by this sub-section have been incorporated in the Tamil Nadu Famine Relief Fund Act, 1936 (Tamil Nadu Act XVI of 1936).

Section 12. Extension of Tamil Nadu Act XXVII of 1949

12. Extension of ¹[Tamil Nadu Act] XXVII of 1949.- (1) The ²[Tamil Nadu] Preservation of Private (Forest Act, 1949 ²[Tamil Nadu] Act XXVII of 1949) hereinafter in this section referred to as the ¹[Tamil Nadu Act], is hereby extended to and shall be in force in, the ??? territories; and section 5 to 9 shall apply in ??? to that Act as if it had been included in the First Schedule.

(2) Anything done or any action taken including any rule or order made, notification issued, decision, award or direction given, proceeding taken, liability or penalty incurred and punishment awarded under the provisions of the Andhra Preservation of Private Forests Act, 1954 (President's Act XII of 1954) (hereinafter in this section referred to as the Andhra Act).-

(a) as in force immediately before its expiry; or

(b) on or after the 3rd day of December, 1960, and before the date of publication of this Act in the ^*Fort St. George Gazette, on the footing that the Andhra Act was in force at the relevant time.

shall be deemed to have been done or taken under the corresponding provisions of the ¹[Tamil Nadu Act]:

Provided that nothing contained in this sections shall ??? any person liable to any punishment whatsoever by reason of anything done or omitted to be done by him on or after the 3rd day of December, 1960, and before the date of publication of this Act in the ^*Fort St. George Gazette.

Section 13. Repeal of certain enactment

13. Repeal of certain enactment.- The enactments specified, in the Third, Schedule, section 2 of the ¹[Tamil Nadu] Estates Land Act, 1908 (¹[Tamil Nadu] Act I of 1908) and section 9 of the ¹[Tamil Nadu] Estates Land (Amendment) Act, 1909. (¹[Tamil Nadu] Act IV of 1909), in so far as they apply to, and are in force in, the added territories are hereby repealed.

Section 14. Declaration respecting certain enactments

14. Declaration respecting certain enactments.- The enactments specified in the Fourth Schedule are hereby formally declared to be no part of the laws, in force in the added territories.

Section 15. Power to remove difficulties

15. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act or of any enactment extended to the added, territories by, this Act, the State Government, as occasion may requite, may, by order, do anything which appears to them necessary for the purpose of removing the difficulty.

(2) Every order issued under sub-section (1) shall, as soon as possible after it is issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such order or both Houses agree that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.