1[Tamil Nadu] (Transferred Territory) Extension of Laws Act, 1965*
| 1[Tamil Nadu Act No. 22 of 1965]2 | [10th November, 1965] |
An Act to extend certain laws to the transferred territory in the 3[State of Tamil Nadu].
Be it enacted by the Legislature of the 3[State of Tamil Nadu] in the Sixteenth Year of the Republic of India as follows:-
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 19th July, 1965, Part IV-Section page 64.
3 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
* Received the assent of the President on the 21st October, 1965, first published in the Fort St. George Gazette on the 10th November, 1965 (Kartika 19, 1887)
1. Short title and commencement.- (1) This Act may be called the 1[Tamil Nadu] (Transferred Territory) Extension of Laws Act, 1965.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
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 Kanyakumari district and the Shencottah taluk of the Tirunelveli district.
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 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.
1 These words were substituted for the words "State of Madras" by the Tamil Nadu Adaptation, of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of laws (Second Amendment) Order, 1969.
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 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.
1 These words were substituted for the words "State of Madras" by the Tamil Nadu Adaptation, of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of laws (Second Amendment) Order, 1969.
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 5 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.
6. Construction of references to authorities where new authorities have been constituted.- Any reference, by whatever form of words, in any ??? 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 wider any enactment now extended to the transferred territory, have effect as if it were a reference to that new authority.
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) ??? by virtue of any other legislative power, such corresponding law shall, on the date of the commencement of this ??? stand repealed to the extent to which the corresponding ??? relates to matters with respect to which the State ??? has power to make laws for the State.
8. Savings.- (1) The repeal by section 7 of any corresponding ??? law shall not affect-
(a) the previous operation of any such law or anything ??? done or suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, ??? or incurred under any such law, or
(c) any fine, penalty, forfeiture or punishment ??? in respect of any offence committed against any such ??? 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 ??? instituted, continued or enforced and any such ??? penalty, forfeiture or punishment may be imposed, ??? 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 any thing done or any action taken under the said enactment.
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 maybe necessary or proper to adapt it to the matter before the court or other authority.
10. Extension of 1[Tamil Nadu] Preservation of Private Forests Act to the Shencottah taluk of the Tirunelveli district.- (1) The 1[Tamil Nadu] Preservation of Private Forests Act, 1949 (1[Tamil Nadu] Act XXVII of 1949), as in force immediately before the date of the commencement of this Act and as amended by sub-section (2), is hereby extended to, and shall be in force in, the Shencottah taluk of the Tirunelveli district, and sections 5 to 9 shall apply in relation to that Act as if it had been included in the Second Schedule.
(2) The Act aforesaid shall be amended a follows, that is to say, for the Explanation to clause (a) of section 2, the following Explanation shall be substituted, namely:-
"Explanation.-For the purposes of this clause, "communal land" means-
(i) beds and bunds of tanks and of supply, drainage, surplus or irrigation channels;
(ii) threshing-floor, cattle-stands, village-sites and other lands which are set a part for the common use of the villagers."
1 These words were, substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
11. Repeal of certain enactments.- (1) The enactments specified in the Third Schedule so for as they apply to, and are in force in, the transferred ??? are hereby repealed.
(2) Without prejudice to the provisions of sub-section (1), the Travancore-Cochin Compensation for ??? Imprprovements Act, 1956 (President's Act X of 1956), in so far as it applies to, and is in force in, the ??? taluk of the Tirunelveli district is hereby repealed.
12. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the visions of this Act or of any enactment extended to the ??? territory by this Act, the State Government, ??? may require, may, by order, do anything ??? appears to them necessary for the purpose of removing the difficulty.
(2) Every order issued under sub-section (1) shall, ??? as possible after it is issued, be placed on the table ??? Houses of the Legislature and if, before the expiry ??? session in which it is so placed or the next session, ??? Houses agree in making any modification in any ??? order or both Houses agree that the order should ??? issued, the order shall thereafter have effect only ??? modified form or be of no effect, as the case may ??? however, that any such modification or annulment ??? be without prejudice to the validity of anything ??? done under that order.
Schedule 1
THE FIRST SCHEDULE
(See section 3)
| Year. | Number. | Short title. |
| (1) | (2) | (3) |
| 1888 | I | The 1[Tamil Nadu] Local Authorities' Loan Act, 1888. |
| 1922 | III | The Madras City Tenants' Protection Act, 1921. |
| 1954 | XXIX | The 1[Tamil Nadu] Electricity Supply Undertakings (Acquisition) Act, 1954. |
1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
Schedule 2
THE SECOND SCHEDULE
(See section 4)
| Year. | Number. | Short title. | Amendments. |
| (1) | (2) | (3) | (4) |
| Central Acts. | |||
| 1897 | IV | The Indian Fisheries Act, 1897 .. .. .. | 1. After section 6, the following sections shall be inserted, namely:- "6-A. Power of State Government to permit clubs or associations to take fish in certain cases.-(1) Whenever it appears to the State Government that adequate arrangements have been made by any club or association for preserving and protecting in any water such non-indigenous varieties of fish as may be specified by the State Government by notification in the Official Gazette, they may by order in writing permit such club or association to have the exclusive right of taking such fish in the water aforesaid within such limits and for such period and subject to such conditions as the State Government may deem fit. (2) Any club or association to which permission is granted under sub-section (1) may, subject to the approval of the State Government, make regulations for the protection and preservation of the fish to which the permission applies, and for regulating the manner in which such fish may be taken. Such regulations when approved by the State Government shall be published in the Official Gazette. (3) In particular and without prejudice to the generality of the power conferred by sub-section (2), such regulations may provide for- (a) the issue of licences by the club or association [either in addition to or in substitution for, the licence referred to in sub-section (4) of section 6] enabling the licensees to fish for and take the fish to which the permission applies subject to the rules governing the club or association; (b) the fees chargeable on the issue of such licences; (c) the application of such fees; and (d) a close season for the fish to which the permission applies. 6-B. Penalty for fishing without licence in certain cases.-Any person who without a licence, if any, required by regulations made under section 6-A or during the close season prescribed by those regulations, or in contravention of any of those regulations, fishes or takes, or attempts to take, any fish, shall be punishable with fine which may extend to one hundred rupees. 6-C. Prohibition against attracting prawns into private waters except under a licence.- (1): Notwithstanding anything contained in any other provisions of this Act or any law or custom having the force of law, no person shall except under a licence, and in accordance with the terms and conditions, if any, prescribed by rules made under sub-section (3) attract prawns or cause or allow migration of prawns into private waters from any waters notified under sub-section (1) of section 6 by the use of sluices, openings, alluring lights or other contrivances and catch, destroy, cause injury to, or prevent escape of, any such prawns by the use of nets, gratings, gears or any other means whatsoever. (2) Any person who contravenes the provisions of sub-section ??? shall be punishable with fine which may extend to two hundred rupees. (3) The State Government may make rules for the purpose of giving effect to the provisions of this section and prescribe therein the terms and conditions under which a licence may be issued. (4) Fee at such rates as may be fixed by the State Government by rules made under sub-section (3) shall be paid in respect of every licence issued under sub-section (1): Provided that the fee payable for any such licence shall not exceed a sum calculated at rupees five per acre of the private waters into which prawns are attracted or caused or allowed to migrate. (5) The breach of any rule made under sub-section (3) or of the conditions of any licence issued under sub-section (1), shall be punishable with fine which may extend to one hundred rupees and, when the breach is a continuing breach, with a further fine which may extend to ten rupees for every day after the date of the first conviction during which the breach is proved to have been persisted in.". 2. In sub-section (1) of section 7, for the words and figures "under section 4 or 5 or under any rule under section 6", the words, figures and letters "under section 4, 5, 6-B or 6-C or under any rule under section 6 or 6-C" shall be substituted. |
| 1914 | IX | The Local Authorities Loans Act, 1914. | After section 8, the following section shall be inserted, namely:- "9. Application of Act to loans existing previous to the date of commencement of Travancore-Cochin Act IX of 1951.-The remedy mentioned in section 5 shall be available for the recovery of any money lent by the Government of the former State of Travatcore or Travancore-Cochin to any local authority in the Kanyakumari district and the Shencottah taluk of the Tirunerveli district before the date of the commencement of the Travancore-Cochin Local Authorities Loans Act, 1951 (Travancore-Cochin Act IX of 1951) and also for the recovery of the interest and costs due in respect thereof". |
| 1[Tamil Nadu Acts.] | |||
| 1899 | III | The 2[Tamil Nadu] Registration of Births and Deaths Act, 1899. | (This amendment has been incorporated in the principal Act, viz., Tamil Nadu Act III of 1899). |
| 1939 | III | The 2[Tamil Nadu] Public Health Act, 1939 .. .. | (This amendment has been incorporated in the principal Act, viz., Tamil Nadu Act III of 1939). |
| 1955 | XIV | The 2[Tamil Nadu] Court-fees and Suits Valuation Act, 1955. | (These amendments have been incorporates in the principal Act, viz., Tamil Nadu Act XIV of 1955). |
1 This expression was substituted for the expression "Madras Acts" by paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order, 1970.
2 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
Schedule 3
THE THIRD SCHEDULE
(See sub-section (1) of section 11)
| Year. | Number. | Short title. |
| (1) | (2) | (3) |
| Travancore-Cochin Acts. | ||
| 1125 | II | The Travancore-Cochin Court Fees Act, 1125. |
| 1125 | IV | The Travancore-Cochin Suits Valuation Act, 1125. |
| 1950 | V | The Travancore-Cochin Public Safety Measures Act, 1950. |