Tamil nadu act 023 of 1960 : Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960

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, 1960.

(2) It 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) "existing law" means any law, Ordinance, Proclamation, 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, Proclamation, regulation, order, by-law or rule;

(b) "transferred territory" means the Kanyakumar district and the Shencottah taluk of the Tirunelvel district.

Section 3. Extension of certain enactments

3. Extension of certain enactments.- So much of the enactments specified in the First in 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. Amendment and extension of certain enactments

4. Amendment and extension of certain enactments.- (1) The enactments specified in the Second Schedule are hereby amended to the extent and in the manner mentioned in the fourth column thereof.

(2) So much of the enactments specified in the Second 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 and as amended to the extent and in the manner mentioned in the fourth column of the said Schedule is hereby extended to, and shall be in force in, the transferred territory.

Section 5. Construction of references to laws not in force in the transferred territory

5. Construction of references to laws not in force in the transferred territory.- (1) Any reference in any enactment specified in the First and Second Schedules to a law which is not in force 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 date of the commencement of this Act to any law repealed by section 7 shall, in relation to that territory, be construed as a reference to the enactment specified in the First or Second Schedule corresponding to the law so repealed.

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

6. 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 new corresponding new authority has been constituted by or have under any enactment now extended to the transferred ???, have effect as if it were a reference to that new ???.

Section 7. Repeal of corresponding laws

7. Repeal of corresponding laws.- If, immediately before the date of the commencement of this Act, there is in force in the transferred territory any Act, Ordinance, Proclamation, regulation, order, by-law, rule or other law corresponding to an enactment specified in the First or Second 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 Reorganisation Act, 1956 (Central Act 37 of 1956) or by virtue of any other legislative power, such corresponding law shall, on the date of the commencement of this Act, stand repealed to the extent to which the corresponding law relates to matters with respect to which the State Legislature has power to make laws for the State.

Section 8. Savings

8. Savings.- (1) The repeal by section 7 of any corresponding 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 ??? in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or premeds 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), 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 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 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 transferred territory of any enactment specified in the First or Second 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 General Clauses Act to the transferred territory

10. Extension of ¹[Tamil Nadu] General Clauses Act to the transferred territory.- (1) The ¹[Tamil Nadu] General Clauses Act, 1867 (¹[Tamil Nadu] Act I of 1867) and the ¹[Tamil Nadu] General Clauses Act, 1891 (¹[Tamil Nadu] Act I of 1891) are hereby extended to, and shall be in Force in, the transferred territory.

(2) For the removal of doubts, it is hereby declared that the Travancore-Cochin Interpretation and General Clauses Act, 1125 (Travancore-Cochin Act VII of 1125) shall continue to apply for the interpretation of any existing law in force in the transferred territory immediately before the 1st day of November, 1956 and continuing in force on the date of the commencement of this Act.

Section 11. Extension of section 3 Tamil Nadu Act XIV of 1938

11. Extension of section 3 ²[Tamil Nadu Act] XIV of 1938.- Section 3 of the Prisons and Indian Lunacy (¹[Tamil Nadu] Amendment) Act, 1938 (¹[Tamil Nadu] Nadu Act] Act XIV of 1938) is hereby extended to, and shall be in XXV of 1938, force in, the transferred territory.

Section 12. Power of State Government to extend enactments to the transferred territory by notification

12. Power of State Government to extend enactments to the transferred territory by notification.- (1) The State Government may, by notification, extend to the transferred territory or any part thereof, with such restrictions and modifications as they think fit, any enactment which-

(i) is in force in the rest of the ¹[State of Tamil Nadu] at the date of the notification, and

(ii) relates to matters with respect to which the guile Legislature has power to make laws for the State.

(2) Where any enactment is extended to the transferred territory by a notification, under sub-section (1), the enactment so extended shall be deemed to have been included in the First or Second Schedule, as the case may be, and sections 5 to 9 shall apply accordingly.

(3) Every notification issued under sub-section (1) shall be laid before the Legislature if it is sitting, as soon as may be after the issue of the notification, and if it is not sitting, within seven days of its re-assembly, and the State Government shall seek the approval of the Legislature to the notification by resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before it; and if the Legislature makes any modification in the notification or directs that the notification shall cease to have effect, the notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder.

(4) Where in respect of any notification issued under sub-section (1), the Legislature directs under sub-section (3) that the said notification shall cease to have effect, the corresponding law, if any, repealed under sub-section (2) of this section read with section 7 shall revive and come into force in the transferred territory with effect on and from the date on which the Legislature so directs.

Section 13. Repeal of certain enactments

13. Repeal of certain enactments.- The enactments specified in the Third Schedule in so far as they apply to, and are in force in, the transferred territory are hereby repealed.

Section 14. Power to remove difficulties

14. 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 transferred territory by or under 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.

(2) All orders made under sub-section (1) shall, as soon as possible after they are made, be placed on the table of both the Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.