Tamil nadu act 022 of 1957 : Tamil Nadu (Transferred Territory) Extension of Laws Act, 1957

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the ¹[Tamil Nadu] (Transferred Territory) Extension of Laws Act, 1957.

(2) It shall come into force at once.

Section 2. Definitions

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

(a) "existing law" means any law, Ordinance, Proclamation, regulation, order, by-law or rule passed or made before the commencement of this Act by any Legislature, authority or person having power to make such a law, Ordinance, Proclamation, regulation, order by-law or rule;

(b) "transferred territory" means the Kanyakumari district and the Shencottah taluk of the ??? district.

Section 3. Extension of enactments

3. Extension of enactments.- So much of the enactments specified in the Schedule as is in force on the date of the commencement of this Act in the ¹[State of Tamil Nadu] except in the transferred territory 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 transferred territory.

Section 4. Construction references to laws not in force in the transferred territory

4. Construction references to laws not in force in the transferred territory.- (1) Any reference in any enactment specified in the Schedule to a law which is not in force in the transferred territory shall, in relation to that territory, be construed as a reference to the corresponding law, if any, in force in that territory.

(2) Any reference in any existing law which continues to be in force in the transferred territory after the commencement of this Act to any law repealed by section 6 shall, in relation to that territory, be construed as a reference to the enactment specified in the Schedule corresponding to the law so repealed.

Section 5. Construction of references to authorities where new authorities have been constituted

5. Construction of references to authorities 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 transferred territory shall, where a corresponding new authority has been constituted by or under any enactment now extended to the transferred territory, have effect as if it were a reference to that new authority.

Section 6. Repeat of corresponding laws

6. Repeat of corresponding laws.- If, immediately before the commencement of this Act, there is in force in the ??? any Act, Ordinance, Proclamation, regulation, order, by-law, rule or other law corresponds to an enactment specified in the Schedule whether such Act, Ordinance, Proclamation, regulation, order, by-law, rule or other law is in force by virtue of Section 119 of the States Reorganization Act, 1956 (Central Act 37 of 1956) or by virtue of any other legislative power, such corresponding law shall, upon the commencement of this Act, stand repealed to the extent to which the law relates to matters with respect to which the State Legislature has power to make laws for the State.

Section 7. Savings

7. Savings.- (1) The repeal by section 6 of this Act of any corrosion ling existing law shall not affect-

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

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

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

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

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

(2) Subject to the provisions of sub-section (1), any thing 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 or registration effected, under such corresponding existing law shall be deemed to have been done or taken under the corresponding provision of the enactment as now extended to, and in force in, the transferred territory and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said enactment.

Section 8. Powers of courts and other authorities for purposes of facilitating application of laws

8. Powers of courts and other authorities for purposes of facilitating application of laws.- For the purpose of facilitating the application in the transferred territory of any enactment specified in the 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 9. Extension of Tamil Nadu Acts, VIII of 1923 and XXXII of 1950

9. Extension of ²[Tamil Nadu Acts], VIII of 1923 and XXXII of 1950.- (1) The ¹[Tamil Nadu] Survey and Boundaries Act, 1923 (¹[Tamil Nadu] Act VIII of 1923), as amended by sub-section (2) is hereby extended to, and shall be in force in, the transferred territory; and sections 4 to 8 shall apply in relation to that Act as if it had been included in the Schedule.

(2) The Act aforesaid shall amended as follows, that is to say, in section 2, after clause (ix), the following clause shall by; added as clause (x), namely:-

"(x) ‘Village headman’ and ‘village accountant’ in relation to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district respectively include ‘village officer’ and ‘village assistant.’;

(3) The ¹[Tamil Nadu] Animals ami Birds Sacrifices Prohibition Act, 1950 (¹[Tamil Nadu] Act XXXII of 1950), as amended by sub-section (4) is hereby extended to, and shall be in force in, the transferred territory; and sections 4 to 8 shall apply in relation to that Act if it had been included in the Schedule.

(4) The Act aforesaid shall be amended as follows, that is to say, for clause (c) of section 2, the following clause shall be substituted, namely:-

"(c) ‘temple’ means, in any area in the State else where than in the Kanyakumari district and the Shencottah taluk of the Tirunelveli district, a temple as defined in section 6, clause (17) of the Madras Hindu Religious and Charitable Endowments Act, 1951^* (Madras Act XIX of 1951), and in any area in the Kanyakumari district and the Shencottah taluk of the Tirunelveli district, a temple as defind in section 2, clause (1) of the Travancore-Cochin Temple Entry (Removal of Disabilities) Acts, 1950 (Travancore-Cochin Act XXVII of 1950)".

Section 10. Repeal of Travancore Act XI of 1119 and Travancore Cochin Acts V of 1125 and XVII of 1951

10. Repeal of Travancore Act XI of 1119 and Travancore Cochin Acts V of 1125 and XVII of 1951.- The Travancore Rationing Preparatory Measures Act, 1119 (Travancore Act XI of 1119), the Travancore-Cochin High Court Act, 1125 (Travancore-Cochin Act V of 1125) as subsequently amended, and the Code of Civil Procedure (Travancore-Cochin Amendment) Act, 1951 (Travancore-Cochin Act XVII of 1951), in so far as they apply to, and art in force in, the transferred territory are, subject to sections 4, 5, 6 and 7, here by repealed.

Section 11. Power to remove difficulties

11. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act or of any enactment extended to the transferred territory by this Act, the State Government, as occasion may, require, may, by order, do anything which appears to them necessary for the purpose of, removing the difficulty.