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

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Keyword(s):

Existing Law, Transferred Territory

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2957; T.N. Ae! X X l I ] (Tra7~~f~'rr.d Terfit'o~) 70-7 E~terision of L m v ~

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(m '[TAMII. NADU] (TRANSFERRED ~' RRITORY) EXTWSIO?~ OF LAWS ACT; 1957.) .,

(Received the assen, ~f the President on the 14th December 1957; first published in the Fort. St. Grorgc Gazftte on the 18th D~~cember 1957.) . \ . ,

- ' t An Act to extend certain Iavgs to the traosferreil territory ^{1. "' ,.}

in the 3[State of Tamil Na,du]. v : 2%

, - India as follows :-

1 Tamil &du] (Trans- Short t

' 1. (1) This Act may be called the

ferred Tqrit ory) Extension of Laws Ac,? , I 957. ' '$ (2) It shall come into force at once. ,' * '

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*,3 '. ' ' (b) " transfirred ,territory " mans t he Kanyakumati - &;& 2' . district and the Shencot t ah t aluk of 1 he Tirunelveli licl: , ?.*;% I '. . ,$> , -

..,j 4 L. * 6%

IThese words were substiiuted for the word "Madrasy' by , , z r:. the Tamil Nadu Adaptation of Laws Order, 1969, as arnendedbk

the Tamil ~ a d u Adaptation of Laws (Second Amendment) Order, ,' 4:

8 his expression was substituted for the expression 'c State of Madras 9' by t h ~ Tamil Nadu Adaptation of ~ W S Order, 1969,. as by the Tamil Nadu Maptation of Laws (Second Amend- ,

ment) Order, 1969.

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(TrMsftrcd Ttrrftory) [I957 : T .N. Act XXIl &~ten,rion of Laws

3. So much oft he enactments specified in the khedule

ent as is in fotce o xl the date of the comegcement of this Act

in the l[Stat e of Tamil Nadu] except in the transferred territory and relates to matters d t h respect to which the State Legistature has power t o make laws for the State is hereby extended to, and shall be in force in, the transferred

1 erri t ory.

tion of 4. (1) Any reference in any enactment specified in the Schedule to 4 law which is not in force in the transferred territory shall, in relation to that t erritory, be construed as a reference to the corresponding law, if any, in force in that L errit my.

(2) Any reference in any exis~ing law which continues to be in forceint het ransfeaedt errit ory after t he commence- ment of this Act to any law repealed by section 6 shall, in relation to that territory, be construed as a reference to the enac-t specified in the Schedule corresponding to tke

law so repealed..

ruction df 5. Any reference, by whs t ever form of words, in any

nces to existing law to any authority competent at the date oft he

authorities passing of t a t law t o exercise any powers or d i s ~ h g e *ere authorities new have a113 functions in t hc transferred territory shall, where a

been constltuted corresponding new authority has been co~stitut ed by or d e r any enactment now extended t o the transferred

I erritory, have effec: as i s ? it were a refer :ricer o r hat new authority.

Repeal of 6. If, immediat eTy befaret he commencement of this Act,

emresponding there is in force in the triiwfb~ 2 i!. *: r:torl any Act, Ordi- laws. nance, Proclamation, regulation, order, by-law, rule or other law correspondir gt an enact men1 specified in the Schedule

wh3t her such Act, 01 dimnce, Proclamation, regulation, order, by-law, rule or other law is in force by virtue of Section 11 9 of the States Reorganisat ion Act, 1956 (Central Act 37 of 1 956) c r by virtue of any other legislative power,

such corresponding law shall, upon the commencement cf

this Act, stand repealed to the extent o which the law relatest0 matters with respect to which the State Legisla-

t ure has power to make laws far the Statel. Sav ingt . 7. (1) The repeal by section 6 oft his Act of any cones- pon ling existing in^ sllall .not aEect-

(a) tile prevjous operalion of iiny such law or any-

thing done or duly slrffcred thereunder, or - - ----__L

lri'his expressfan was substituted for the exprossfan '' State of Madras" by the 'Tamil Nadu Adaptat fou of Laws Order, 1969, as amended by the Tamil Nadu Adaptat Ion of ~ W S f Sewnd Amendment > Order, 1969.

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'i9~7 :'~$.N.'AC~ HXII] (l'kamfetied Territory) ' 700 .

FXt4&ic)& of Laws -(b) any iight, privilege, obligation.. or liability

acquted, accrued or incurred under any such law, or (+any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law, or

(d) any inve~tigat ion, 'legal proweding 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 Nnalty, forfeiture or punishment may be imposed ns

if this Act h ~ d not bcen passed.

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(2) Subject to the 1 revisions of sub-section ( I ) , any thing done or any action taken including any appointment or ahgation madc, notification, order, instruction or direc- ti on issued ,rule, regulation, for m,by -la w or scheme framed, certificate,perrnit or licence granted or regist~ation dected,

under such carresponding existing law shall be detmed to

have been done or taken under the corresponding provision^I

of the enactment as now extended to, and in force in, the transfemed territory and shall continue in force accordingly, unless P nd until superseded by a nyt hing d one or any action taken under the said enactment.^I ' 3. ' Eor the purpose of facilitating the appliwtion in the P * w q ~ of . and other transferred territory of any enactment specified f n the &he- authorities for

dule, any court or other authority may construe such enrct- purposes of

ment with such alter?iions not affecting the substance as facivtating

may be niassary 01 proper to ada'pt it to the matter before appllcat'on Of laws. . .>. . thexourt or other euthority. ' I . Y > , - . - .

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9. (1) The '[Tamit Nadu] Survey and Bouad~ries Act, 1923 ef:p$!&-

(l[TamilNaduj AGL W; ~f!?2?),asamcnded by sub-section Vm of

(2) is hereby extended to, and sblll be in for.ce 'in, the 1923 and

transferred territary; and sections 4 to 8 shall apply in relation to that Act as if it had been included in the ' Schedule.

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c ~ . 7 10 (~msfe^rred Tetritorp) [I957 1' -'It .N; Act. XFq Extension of t a w 8

. , . - . - a .. (2) ~ h e . A c t aforesaid shall be amended as fdcws~

' that is t o say, in section 2, after clause (ix), the f o l l ~ e g

. cl?use shall b: added as clause (x), n~mely :- . -1 .. . .. - . . . "(3 'village headman? and ' village-ac~ount~nt-' in icl3tion to the Karyakgm~ridistrict and the Shencottah

' . tzluk .of th&: Tirui~elveli district respectively include 'village

ofIicir' a nd ' villngc 'assistant .' . ..

(3) Th*: l[T~inil tkdu] Anirn~ls ;r11t1 Birds Bacrifices

. Prohibition Act, 1950 ('[Tamil Nadu] Act XXXIl of 1950),

as, smended by sub-scction (4) is 11sreby cxtendcd tc, and

" sl~?ll be in force iit, th,: trrnsfei.red tcrrittrry; and seetioos 4 to 8 shall npply in relption to thst Act :IS if it had been

included in the Schedule , 'I'

(4) Thc Act aforc;aid shall be ~t mended as follaws,

-tha is to say, fol- cla~rsc (cj 01 ~ e G ~ r u c i, t i le following

I clsus,: shsll b.: stibstiiuted, namely :- -

b b (c) ' t :mpl~' 1ne::11$, in a ny zrea in the state else- where thm in th; Kanyakumari d.istrict 2nd the Ghmcottrh taluk of thc Tiru~lelveli district, a temple as defined in s;ction 6, cl:ns? (17) of ths Madras Hindu Religious and

Ch?rita blc End owrncnis Act, 195 1 * (Madras Act XlX of 19 3 I), and in ~ n y WC?. in the E*.nya kurn;:i-i digrict snd the Shcncotte h ta luk of the Tirunelveli district, a temple as - ciefin *d in scc;io11 2, clausc (1) of tht: Trnv~ncore-Cochin Templ: Entry (Remov~.t of Disabilities) Aci , 1950 (Travq- cqrc-Cochio Act XXVII of 1950)".

Repeal of 10. I'h#: Tr, .v.illcurc Rationii~g Pisep2ra tery Measures Travancore Act, 11 19 (Tr:;v.ncorc Act XI o f 1 I19), the Tra v.-.ncorrt- *ct of 1119 Cochin High Court Ac!, 1125 (Travancore-C~chin Act V of ~ ~ ~ f , ~ ~ ~ ~ ~ ~ ~ 1125) as subs..qucntly amended, and the Code of Civil v oi 1125 and R*occdure (Trav~!l~corz-Cochin Amendment) Act, 1951

XVII of 1951. (Travancorc-Cochin Act XVIl of 1951), in so fi lr as they .

u ~ . apply to, 2nd :lrt il: fwce in, thc iransfvi.rsd territory arc, subjsct to scc.icns 4, 5 , G i+ nd 7, h;rr-by rcpcaled. ---..-- - . - -.*_I-,

* These words were r.obstituted for the word "MaGrasW by the Ta@l Nadu Adaptation of Laws Order, 1969, as amended by the

: ~ a m i l Nadu Adaptation of Laws (Second Amendment) Order

1969,

* Se .-,-<-, *^*-* & i k . ?- .- T 3u T1,-I: i- j , , <:,-! C"~rr j+~b~k:

+ . 0 . . >= A : T ~ X ~ T ~ J .&: _ < f,f j:>j $cct10n 6 C l a w (22).

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CP

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untants' Default Act, 1850. XI1 The Agricu1turists' Loand Act, 1884. IX - . The Provincial Small Cause Courts Act, 1887( . , *

.I890 XI The Prevention of Crdlty to .4nimals Act, . < -+

1890.

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JrX The PrTsons Act, 1894;" ^{I' '} ' 1894 t, ; ** '.

1897. ^... . n . The Bpide@c Disease& Act, 1897. ?:

1898 ,' ' Iq The Lepers- Act, 1898. . .< '-

wI The Glmders and par* Act, 1899.

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Ilt The Prisoners Act. 1900.

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1900 . . . . r c .

1917 V The Destruction of ~ecoids Act, 191'1. . . . .- .." ... ,. . .. .

V The Pzcvincial Insolvency Act, 1920. ^i' 1920 . * e

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1920 XxXm The ~den . ^{.t ' .} . . ;. ' .. .- - . .,, I : ' a * & . .

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1957 : T.N. .Act XXII] (Truwfetred Territory) E x t d o n of Luws

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