Tamil nadu act 011 of 1952 : Tamil Nadu Repealing and Amending Act, 1952

Preamble

[1[Tamil Nadu] Repealing and Amending Act, 1952]*

1[Tamil Nadu Act No. 11 of 1952]2[17th December, 1952]

An Act to repeal certain enactments and to amend certain other enactments

Whereas it is expedient that the enactments specified in the First Schedule which are spent or have otherwise become unnecessary, or have ceased to be in force otherwise than by expressed specific repeal, should be expressly and specifically repealed;

And whereas it is also expedient that certain amendments should be made in the enactments specified in the second Schedule; It is hereby enacted 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, dated the 16th July, 1952, Part IV-A, pages 51-52.

* Received the assent of the Governor on the 12th December, 1952; first published in the Fort, St. George Gazette on the 17th December, 1952

Section 1. Short title

1. Short title.- This Act may be called the 1[Tamil Nadu] Repealing and Amending Act, 1952.

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.

Section 2. Repeal of certain enactments

2. Repeal of certain enactments.- The enactments specified in the First Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

Section 3. Amendment certaindme enactments

3. Amendment certaindme 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) The amendment to the 1[Tamil Nadu] Shops and Establishments Act, 1947 (1[Tamil Nadu] Act XXXVI 1 of 1947), specified in the Second Schedule shall be deemed to have come into force on the 1st day of April, 1951.

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.

Section 4. Savings

4. Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law reestablished jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognized or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

Schedule 1

Schedule 1

THE FIRST SCHEDULE

REPEALS

(See section 2)

Year. Number. Short title. Extent of repeal.
(1) (2) (3) (4)
1940 I The Madras Local Boards (Amendment) Act, 1940 The whole.
1940 III The Madras Commercial Crops Markets (Amendment) Act, 1940. The whole.
1940 VI The Madras Irrigation Cess (Amendment) Act, 1940. Sections 2 and 3
1940 VII The Madras City Police (Amendment) Act, 1940. The whole.
1940 VIII The Madras Suppression of Immoral Traffic (Amendment) Act, 1940. The whole.
1940 IX The Madras Motor Vehicles Taxation (Amendment) Act, 1940. The whole.
1940 XIV The Madras District Municipalities and Local Boards (Amendment) Act, 1940. The whole.
1940 XVII The Andhra University (Amendment) Act, 1940. The whole.
1940 XVIII The Madras Village Courts (Amendment) Act, 1940. The whole.
1941 I The Madras Hackney Carriage (Amendment) Act, 1941. The whole.
1941 II The Madras State Aid to Industries (Amendment) Act, 1941. The whole.
1941 III The Madras Electricity (Amendment) Act, 1941. The whole.
1941 IV The Madras City Municipal (Amendment) Act, 1941. The whole.
1941 VII The Madras City Municipal (Second Amendment) Act, 1941. The whole.
1941 VIII The Madras City Municipal, District Municipalities and Local Boards (Amendment) Act, 1941. The whole.
1941 X The Madras District Municipalities (Amendment) Act, 1941. The whole.
1941 XII The Madras District Municipalities and Local Boards (Amendment) Act, 1941. The whole.
1941 XIII The Madras City Police (Amendment) Act, 1941. The whole.
1941 XVI The Madras Nurses and Midwives (Amendment) Act, 1941. The whole.
1941 XVIII The 1[Tamil Nadu] Proprietary Estates' Village Service and Hereditary Village-offices (Amendment) Act, 1941. Sections 2 and 3.
1941 XIX The Madras Public Health (Amendment) Act, 1941. The whole.
1941 XX The Canals and Public (Amendment) Act, 1941. The whole.
1941 XXI The Madras Medical Registration (Amendment) Act, 1941. The whole.
1941 XXII The Madras City Police (Second Amendment) Act, 1941. The whole.
1941 XXIII The Madras City Police and Towns Nusiances (Amendment) Act, 1941. The whole.
1942 II The Madras Registration of Births and Deaths (Amendment) Act, 1942. The whole.
1942 III The Madras University (Amendment) Act, 1942. Section 2.
1942 VII The Madras District Municipalities (Second Amendment) Act, 1942. The whole.
1942 XII The Madras District Municipalities and Local Boards (Amendment) Act, 1942. The whole.
1942 XV The Madras City Municipal (Amendment) Act, 1942. The whole.
1942 XVI The Periyar Irrigation Tanks (Preservation) Amendment Act, 1942. The whole.
1942 XVII The Madras Debt Conciliation (Amendment) Act, 1942. The whole.
1942 XVIII The Madras District Municipalities and Local Boards (Second-Amendment) Act, 1942. The whole.
1942 XIX The Andhra University (First Amendment) Act, 1942. The whole.
1942 XX The Madras City Police, Towns Nuisances and Prevention of Cruelty to Animals (Amendment) Act, 1942. Sections 2 and 3.
1942 XXI The Madras Rivers Conservancy (Amendment) Act, 1942. The whole.
1942 XXIII The Madras Nurses and Midwives (Amendment) Act, 1942. The whole.
1942 XXV The Madras Probation of Offenders (Amendment) Act, 1942. The whale.
1942 XXVII The Madras City Municipal and District Municipalities (Amendment) Act, 1942. The whole.
1942 XXVIII The 1[Tamil Nadu] Hereditary Village-offices (Amendment) Act, 1942. Sections 2 and 3
1942 XXX The Madras Prohibition (Amendment) Act, 1942. The whole.
1942 XXXII The Andhra University (Second Amendment) Act, 1942. The whole.
1942 XXXIII The Madras University (Fifth Amendment) Act, 1942. The whole.
1942 XXXIV The Madras Motor Vehicles Taxation (Amendment) Act, 1942. The whole.
1942 XXXVI The Madras City Municipal and District Municipalities (Second Amendment) Act, 1942. The whole.
1942 XXXVII The Madras Cotton Control (Amendment) Act, 1942. The whole.
1942 XXXVIII The Madras District Municipalities (Third Amendment) Act, 1942. The whole.
1943 I The 1[Tamil Nadu] Sales of Motor Spirit Taxation (Amendment) Act, 1943. Sections 2 and 3
1943 II The Madras Electricity Duty (Amendment) Act, 1943. The whole.
1943 IV The Madras Medical Registration (Amendment) Act, 1943. The whole.
1943 IX The 1[Tamil Nadu] Debt Conciliation (Amendment) Act, 1943. Sections 2, 3 and 4.
1943 X The Annamalal University (Amendment) Act, 1943. The whole.
1943 XI The Madras City Municipal (Amendment) Act, 1943. The whole.
1943 XIII The Madras Local Boards (Amendment) Act, 1943. The whole.
1943 XV The 1[Tamil Nadu] Agriculturists Relief (Amendment) Act, 1943. Sections 2, 3 and 5.
1943 XIX The Madras Local Boards (Second Amendment) Act, 1943. Sections 2 to 25.
1943 XXVI The Andhra University (Second Amendment) Act, 1943. The whole.
1943 XXVII The Madras University (Amendment) Act, 1943. The whole.
1943 XXVIII The Madras Elementary Education (Amendment) Act, 1943. Section 2.
1943 XXIX The Criminal Tribes (Madras Amendment) Act, 1943. The whole.
1943 XXXI The Madras Debt Conciliation (Second Amendment) Act, 1943. The whole.
1944 III The Madras City Municipal and District Municipalities (Amendment) Act, 1944. Sections 2 and 3.
1944 VI The Madras Local Boards (Amendment) Act, 1944. The whole.
1944 VIII The Madras District Municipalities (Amendment) Act, 1944. The whole.
1944 IX The Madras Regulation of the Sale of Cloth (Repeal) Act, 1944. The whole.
1944 XI The Andhra University (Amendment) Act, 1944. The whole.
1944 XV The Andhra University (Second Amendment) Act, 1944. The whole.
1944 XVI Tie Andhra University ???. The whole.
1944 XVIII The Madras District Municipalities and Local boards (Second Amendment) Act, 1944. The whole.
1944 XIX The Madras District Municipalities (Second Amendment) Act, 1944. The whole.
1945 I The Madras City Civil Court and Presidency Small Cause Courts (Amendment) Act, 1945. Section 2.
1945 II The Madras Estates Land (Amendment) Act, 1945. Sections 2 and 3.
1945 III The 1[Tamil Nadu] Irrigation Cess (Amendment) Act, 1945. Sections 2 and 3.
1945 VI The Malabar Tenancy (Amendment) Act, 1945. The whole.
1945 VIII The Madras Electricity Duty (Amendment) Act, 1945. The whole.
1945 X The Madras Local Boards (Amendment) Act, 1945. The whole.
1945 XIV The Madras Estates Land (Second Amendment) Act, 1945. The whole.
1945 XVIII The Madras City Municipal (Amendment) Act, 1945. The whole.
1945 XIX The Madras Registration of Births and Deaths (Amendment) Act, 1945. The whole.
1945 XX The Madras District Municipalities and Local Boards (Amendment) Act, 1945. The whole.
1945 XXI The Madras Commercial Crops Markets (Amendment) Act, 1945. The whole.
1945 XXII The Madras Civil Courts (Amendment) Act, 1945. The whole.
1945 XXIII The Madras District Municipalities (Amendment) Act, 1945. The whole.
1945 XXIV The Malabar Tenancy (Second Amendment) Act, 1945. Sections 2 and 3.
1945 XXV The Criminal Tribes (Madras Amendment) Act, 1945. The whole.
1946 II The Madras Motor Vehicles Taxation (Amendment) Act, 1946. The whole.
1946 III The Madras Legislative Assembly (Railway Employees Removal of Disqualifications) Act, 1946. The whole.
1946 IV The Madras Gaming (Amendment) Act, 1946. The whole.
1946 V The Madras Debt Conciliation (Amendment) Act, 1946. The whole.
1946 VI The Madras District Municipalities (Second Amendment) Act, 1946. The whole.
1946 VII The Madras District Municipalities and Local Boards (Amendment) Act, 1946. Section 2, 3 and 4.
1946 VIII The Madras Elementary Education (Amendment) Act, 1946. Section 2.
1947 II The 1[Tamil Nadu] District Municipalities and Local Boards (Amendment) Act, 1947. Sections 2, 3 and 4.
1947 III The Madras City Municipal (Amendment) Act, 1947. The whole.
1947 V The 1[Tamil Nadu] Temple Entry Authorization Act, 1947. Sections 10 and 11.
1947 VI The Madras City Municipal (Second Amendment) Act, 1947. Sections 2 to 12.
1947 VIII The Madras City Police and District Police (Amendment) Act, 1947. The whole.
1947 X The Criminal Tribes (Madras Repeal) Act, 1947. The whole.
1947 XI The Madras Removal of Civil Disabilities (Amendment) Act, 1947. The whole.
1947 XII The Madras High Court (Jurisdictional Limits) Amendment Act, 1947. Section 2.
1947 XIV The 1[Tamil Nadu] Estates Communal, Forests and Private Lands (Prohibition of Alienation) Act, 1947. Section 8.
1947 XVI The 1[Tamil Nadu] Tuberculosis Sanatoria (Regulation of Buildings) Act, 1947. Section 14.
1947 XVII The Madras Hackney Carriage (Amendment) Act, 1947. The whole.
1947 XX The Madras Betting. Tax (Amendment) Act, 1947. The whole.
1947 XXI The Madras Prohibition (Amendment) Act, 1947. The whole.
1947 XXII The Madras Abkari (Amendment) Act, 1947. The whole.
1947 XXIII The Madras Places of Public Resort (Amendment) Act, 1947. The whole.
1947 XXIV The 1[Tamil Nadu] Municipal and Local Boards (Amendment) Act, 1947. Sections 2 and 3.
1947 XXV The Madras General Sales Tax (Amendment) Act, 1947. The whole.
1947 XXVII The Madras Entertainments Tax (Amendment) Act, 1947. The whole.
1947 XXVIII The Madras City Police (Amendment) Act, 1947. The whole.
1947 XXIX The 1[Tamil Nadu] Probating a? Offenders (Amendment) Act, 1947. Section 2.
1947 XXXII The 1[Tamil Nadu] Marumakkattayam (Amendment) Act, 1947. Sections 2 to 5.
1947 XXXIII The Madras Prohibition (Temporary Amendment) Act, 1947. The whole.
1947 XXXV The Madras Suppression of Immoral Traffic (Amendment) Act, 1947. The whole.
1948 I The Madras Home Guards Act, 1948. Section 12.
1948 VI The 1[Tamil Nadu] Restriction of Habitual Offenders Act, 1948. Sections 17 and 18.
1948 VII The 1[Tamil Nadu] Reenacting and Repealing (No. I) Act, 1948. Sections 2, 3, 4, 5 and 6 and the Schedules.
1948 VIII The 1[Tamil Nadu] Reenacting (No. II) Act, 1948. Sections 2, 3, 4 and 5 and the Schedule.
1948 IX The 1[Tamil Nadu] Reenacting (No. III) Act, 1948. Sections 2, 3 and 4 and the Schedule.
1948 X The Madras Civil Courts (Amendment) Act, 1948. The whole.
1948 XI The Madras Sales of Motor Spirit Taxation (Amendment) Act, 1948. The whole.
1948 XII The Madras Prohibition (Amendment) Act, 1948. The whole.
1948 XVI The Madras General Sales Tax (Amendment) Act, 1948. Section 2.
1948 XVIII The Malabar Irrigation Works (Construction and Levy of Cess) (Amendment) Act, 1948. The whole.
1948 XIX The Madras Prohibition (Second Amendment) Act, 1948. The whole.
1948 XXIII The 1[Tamil Nadu] Agriculturists Relief (Amendment) Act, 1948. Sections 2 to 15.

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Lam Order, 1969, as amended by the Tamil Nadu Adaptation of Lam (Second Amendment) Order, 1969.

1 These words were substituted for the word "Madras" Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

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.

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.

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.

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Older, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

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

Schedule 2

THE SECOND SCHEDULE

Amendments

(See section 3)

Year. Number. Short title. Amendments.
(1) (2) (3) (4)
1918 III The Madras Prevention of Adulteration Act, 1918. In section 2, in the definition of "local executive officer", for clause (iii)(a), the following shall be substituted, namely:- "(iii) in or for other local areas- (a) the executive authority as defined in section 2(7) of the Madras Village Panchayats Act, 1950 (Madras Act X of 1950) of the panchayat, or if the panchayat is dissolved or superseded, any person exercising the powers and discharging the duties of the panchayat under sub-section (5) of section 48 of the Village Panchayats Act aforesaid."
1920 XIV The 1[Tamil Nadu] District Boards Act, 1920. In Schedule IV, in rule 10, for the words, "non-panchayat areas" in the two places where they occur, the words "non-panchayat area" shall be substituted.
1923 VII The Madras University Act, 1923. In section 4-A, clause (15), for the expression "University Training Corps" the expression "National Cadet Corps" shall be substituted.
1926 II The Andhra University Act, 1925. (i) In section 15, clause (5), under the heading "Class l-Ex-offico Members", for the words "Surgeon-General with the Government of Madras", the words "Director of Medical Services" shall be substituted. (ii) Id section-37-A, sub-section (3), the words "in British India" shall be omitted.
1947 XXXVI The 1[Tamil Nadu] Shops and Establishments Act, 1947. In section 1, sub-section (3), for clause (a), the following clause shall be substituted, namely:- "(a) It shall come into force in the following areas on such date as the State Government may, by notification, appoint:- (i) the City of Madras. (ii) all the municipalities constituted under the Madras District Municipalities Act, 1920 (Madras Act V of 1920), and (iii) all areas within the jurisdiction of panchayats which under rule 2 of Schedule in of the Madras Village Panchayats Act, 1950 (Madras Act X of 1950), should be deemed to be constituted under that Act, and which immediately before the commencement of that Act, were classified by the State Government as major panchayats and all areas within the jurisdiction of panchayats constituted or reconstituted under that Act which for the time being, are classified by the State Government as Class I panchayats under section 5(1)(a) of that Act."
1950 X The 1[Tamil Nadu] Village Panchayats Act, "1950." In section 42, sub-section (5), in the opening paragrapah, for the expression "sub-section (1)", the expression "sub-section (2)" shall be substituted. In section 132, in clause (4)(a), for the expression "sections 6 to 8, 9(2), (3), (4), (5)(a) and (7)", the expression "sections 6 to 8, 9(2), (3), (3-A), (4), (5)(a) and (7)" shall be substituted.

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.

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.

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.

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