tamil nadu act 020 of 1968 : Proprietary Estates' Village Service and the Tamil Nadu Hereditary Village-Offices (Repeal) Act, 1968

Proprietary Estates' Village Service and the Tamil Nadu Hereditary Village-Offices (Repeal) Act, 1968

TAMIL NADU ACT 020 OF 1968
16 October, 1968
An Act to repeal the Madras Proprietary Estates' Village Service Act, 1894 and the Madras Hereditary Village-offices Act, 1895

Be it enacted by the Legislature of the 4[State of Tamil Nadu] in the Nineteenth Year of the Republic of India as follows:

Section 1. Short title and commencement

(1) This Act may be called the 5[Tamil Nadu] Proprietary Estates' Village Service and the 5[Tamil Nadu] Hereditary Village-offices (Repeal) Act, 1968.

(2) It extends to the whole of the 6[State of Tamil Nadu], except the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.

(3) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Repeal of Madras Acts 11 of 1894 and III of 1895

(1) Subject to the provisions of sub-section (3), the Madras Proprietary Estates' Village Service Act, 1894 (Madras Act II of 1894) and the Madras Hereditary Village-offices Act, 1895 (Madras Act III of 1895), are hereby repealed.

(2)(i) No legal proceeding or remedy an respect of any right, privilege, obligation or liability acquired, accrued or incurred under the Acts repealed by sub-section (1) shall be instituted, continued or enforced.

(ii) Every suit, appeal, application, revision or other proceeding instituted, made or taken under the Acts repealed by sub-section (1) before the date of the commencement of this Act and pending on that date shall abate.

(3) Every holder of a village-office, appointed under the Acts repealed by sub-section (1), shall, notwithstanding the repeal of the said Acts, continue to hold office subject to such rules as may be made under the proviso to Article 309 of the Constitution.

Section 3. Filling up of future vacancies

Any vacancy arising after the date of the commencement of this Act in the village-office referred to in sub-section (3) of section 2 shall be filled up in accordance with the provisions of the rules made under the proviso to Article 309 of the Constitution.

Section 4. Power to make rules

(1) The State Government may make rules for carrying out the purposes of this Act.

(2) All rules made under this Act shall be published in the Fort St. George Gazette7 and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(3) Every rule made under this Act shall, as soon as possible after it is made, 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 rule or both Houses agree that the rule should not be made, the rule 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 rule.

Section 5. Repeal of Madras Regulation XXIX of 1802 and Madras Acts IV of 1926 and XVIII of 1939

The Madras Karnams Regulation, 1802 (Madras Regulation XXIX of 1802 the Madras Village Officers Restoration Act, 1926 (Madras Act IV of 1926), and the Madras Restoration of Village Officers (Validation) Act, 1939 (Madras Act XVIII of 1939), are hereby repealed.

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. Received the assent of the Governor on the 8th October, 1968, first published in the Fort St. George Gazette on the 16th October 1968 (Asvina 24, 1890)

3. For Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 19th August, 1968, Part IV-Section 3, pages 60-61.

4. 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.

5. 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.

6. 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.

7. Now the Tamil Nadu Government Gazette.