DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 Act 23 of 1960
Keyword(s):
Existing Law, Transferred Territory
1
.- ,. . - . C - 1 . .
60 : T.N. Act 231 (~rdnsprred Territory) 5 j 7 Extension oj* ~ a w s
'[TAMIL NADU] ACT NO. 23 OF 1960.'
4
, THE l[TAMIL NADU] (TRANSFERRED TERRITORY)
EXTENSION OF LAWS ACT, 1960.
[Received the assent o f the President on the 18th October 1960, first published i r the Fort St. George Gazettc
on the 2nd November 1960 (Kartika 1 1 , 1882).] An Act to extend certain lit-vs to the ttam ferred territorw in the 3\Stnte of Tamil h'ado].
$ i WHEREAS it is expedient to provide that certain laws should be extended to, and by virtue of such extension should
be in force in, the transferred territory in the 3[State of
"amil ki Nadu]; BE it enacted in the Eleventh Year -of the Republic of India as follows :-
I. (1) This Act may be called the lITakil Nadu] short titb ! and com-
f (Transferred Territory) Extension of !Laws ( , Act, 1960. ,,nt.
r , *
I (2) It shall come into force on such$ date as the State Government may, by notification, appoint.
2. In this Act, unless the context otherwise reqt ires,- ~efinitioG.
(a) '$existing law " means any law, Ordinance,L ! ' Proclamation, regulation, order, by-law, or rule passed , . or made before the date of the commencemeilt of this Act by Parliament, or by any Legislature, authority or person having power to make wch a law, Ordinance, , Proclamation, regulation, order, by-law or rule ;
1 These words were substituted for the Word "Madras" by the Tamil Nadu Adaptztion of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969,
%For Statement of Objects and Reasons, see Fort St. George Gazette Extraordiary, dated the 27th April 1960, Part IV-A, Page 179.
3 This expressiop was substituted .for the. expression 6LState ~ a d r a s " by+the Tamil .Nadu. Adapiation of .Laws Order. 1969, as amended by the Tamil Nadu Adaptation of Laws (Scconci Amend- ment) Order, 1969.
2
588 ' (Tkd Jetred Territory) [1960: T.N,A& 2 Extension of Laws
(6) "transferred territory" means the Kanyakumar
district and the Shencottah taluk of the Tirunelvel
district.
~ ~ t ~ ~ ~ i ~ ~ of 3. SO much of the enactments specified in the Firs i
cert ?,in Schedule as is i t force on the date of the commence~ekt
enactments. of this Act in'the l[State of Tamil Nadtl] except ill thf transferred territory and rt:lates to matters with re spect to which the State Legislature has power to make laws for the State is hereby extendtd to, and shall be in force in the transferred territory.
Ame~ldmtnt 4. (1) The enactlnens specif~ed in the Second Schedule
and exten- are hereby amended to the extent and in the manner rnen-
sion of certain en- tio ned in the fourth column thereof.
hcbments.
(2) So much of the enac~ments specified in tile
Second Schedule as is in force on the date of the com- mencement of this Act in the '[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.
Construc~ion 5. (1) Any reference in any enactment specified in
of references the First and Second Schedules to a law which is not in
laws force in the transferred territory shall, in relation to that in force In the trans- territory, be construed as 3. reference to the corresponding
ferred law, if' any, in force in that territory.
territory.
(2) Any reference in any existing law which continues to be in force in the transferred territory after the date of
1he 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 correspondi:~g to the law so repealed.
"i
1 This exression was substiturf-d for the expression "State of Madras" by the .Tamil Nadu A::aptation of Laws Order, 1969, as by the Tsarnil Nadu Adaptation of LZWS (Second Amen- dmnt) order. 156R
-. -
3
1960 : ,f.~: Act 231 (?rangerrid Territory) 534 Extension i.$ Lu~vs
6. Any reference, by whatever form of words, in any Construction existing law to any authority competent at the date of the Of
passing of that law to exercise any powers or discharge to authorj-
ties where any functions in the transferred territory shall, where a new au&o- correspondiag new authority has k n constituted by or rities have 1pnder say m t now exkadkd* & tmndepfed ~ ~ ~ ~ s ~ -
+4p& ~ y f i b ; o a e a & a a s i f i t ~ e a r d b m c e t l u ~ L ~ * c F * ,
7. If, immediately before the date dthe w m n a m e n t mml of
of this Act, there is in force in the transferred territory comspon- any Act, Ordi nance, Pr oclamation, regulation, order, ding laws. by-law, ruJe. or other law corresponding : tol an enactment , , speci$ed in the First or Second Schedule; :whether sucb . + . ,, ~ c t , . ~ r d i ~ @ p c e , P~oclamation, .regulation~. Order, by-law,
]'rule o r other law i s in force by virtiJai.of section ,119~ of ', ".
the;States ,Reorganisation Act, 1956 jmntral 'Act 37' of, . 1956) or by, virtue .of *any other legislative power, such ; ,
corresponding isw shall, on the date of the commencement' <
of this. ActD stand repealed to the extent to which the corresb.. ponding law,relates to matters with respect to which the., , . State Legi'$lature has power to make laws for the' State. * .
8. (1) The repeal by section 7 of' any corresponding Sadng.
existing law shall not affect-.i
(a) the previous operation of any such law or arq-
thing 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 punishme1.t incurred ia ~espsot of any offence committed against any such law, or . * < I .
( d ) any investigation, legal proceeding ox leiAA-+
in respect of any such right, privilege, obligation, liability, penalty, forfeiturz or punishment as aforesaid; and any such investigation, legal proceeding or rcrne~l) may be instituted, continued or enforcedr and any a i . c j l
penalty, forfeif ure or punishment may ba impold m if' this Act had not been passed.
4
(2) Subject to the provisiolls of sub-section (1). anything done or any action taken including any appoint- ment 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 cosresporldiag provision of the enactment as now extended to, and in forcekin, the transferrtd territory and shall continue in force accordingly, unless and until superseded by anything done or any action takcn under the said enactment.
Pow el s of 9. For the purpose of facilitating the application in CouU the transferred territory of any enactment specified in Oths the First or Second Schedule, any court or other ahthority rities for of may construe such enactment with such alterations not f:,ciliial ing affecting the substance as, may bc necessary or proper to a p ~ l i c 3 ~ i ~ n adapt it to the matter'before the court or other authority. of laws.
%tension of 10. (1) The '[Tamil Nadu] General Clauses ACt, 1867 '[Tamil (l[Tamil Nadu]:Aot, I' of 1,867) and the =[Tamil Nadu Madu] Oener a1 General Cla~~ses* Act, - '1 891 C[Tamil Nadu Act I'- of 1891 to the transferred territ0r.y.
1 3 c l a w k t are hereby extended to, and shall be in orce in, the trandemed
territory .
(2) For the removal of doubts, it is hereby declared that the 'Iravancore-Cochiu. Interpretation and General Clauses Act, 1125 (Travancore-Cochin Act VII
MV of 1938. force in, the transferred territory. These words were substituted for :he word " Madras " by the Tamil Nadu Adapt ntioc 7 f L.,L~, 3rde;, 1959, as amended by the Tamil h'~,du Adaptation of Laws (Second Amendment) Order,
1969. ,
a This ex ~ession was suht i t w ! ed for the exprcaiai~~n
" Madras Acl" Parrtgrapb 3(2) of the Taniil Nadu Adaptat i u ~ of Laws Order, 197C.
5
4 -- L.. - - - - . L - - r -
i9'0 : 9.W. ~ d t @] (Tramjtrred ~ e r n ' t ~ l p ~ ) 54 1
. Emns~ion oj &W..C
(1) The State Government may,. . .'by notification, powet of
to, @Merged territory or any part thereof, ~overnrmrl :
ith such restrictions and modifications as they think fit, to enend
y enactment which- ensictmehts
-- to lbr: I , , , . 7 t ra n sferred (i) is in force in the rest of:&e l[[State of Tamil by
Nadu1 at the date of the notificatioa, and no, ificatioj~. (ii relates to matters with respect to which the
Ylake Log / rlnture hun power to malce laws for the State
(2) Whew any enactment is oxtended to the trans-
fcrred territory by a notification under sub-section (I),
the enactment so extendqd shall be deemed to have ben
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 inay be after the issue of the notification, and if it is
no t sitting, within seven days of its re-assembly, arid 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 notifica-
tion i s so laid befort- it ; and if the Legislature makes
any modification in the notification or directs that the r~ij~ificaiion shall c a s e to have eff~ct, the
notliication shall, thereafter, have effect only in such
modified form or bc of no effect, as the case may he,
but without prejudim to the validity of anything previously done thereunder.
i
(4) Where in respect of any notification issued , under sub-section (I), the Legislature dirt cts under sub- section (3) that the said notification shall ceasc to have
effect, the corresponding law, if any, repealcd 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.
1 This expressionwas substituted for the expression "State of Madras " by theTamil Nadu Adaptation of Laws Order, 1969, as amznded by th: Tamill Nadu Adaptation of Laws (Second Amendment) order, 1969.
.w
6
542 (~ransjerred Territory) .[I960 : T.N. Act. 23
. Extensiota a] Laws
Repeal of 13. The enactments. specified in the Third Schedule in
certain so far as tbey apply to, and are in force in, the transferred enactr~'ents. territory are hereby repealed.
Power to
remove 14. (1) If any difficulty arises in giving effect to the diBculties. provisions of this Act or of any enactment extended to
the transferred territory by or under this Act, the Statc 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 madc under sub-scction (1) shall, as soon as possible after they are made, be placed on the table of both the Houses of the Legislatui-c. and shall be s~lbject to such mo?ifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.
THE FIRST SCHEDULE.
(See section 3.) Year. Nilmh~r. Short tit re. 1837. XXXVI The llTamil Nadu] Public Property Malversation Act, 1837. 1839 VII . . The '[Tarnii Nadul Rent and Revenue Sales Act, 1839.
1851 . VII I . . The Indian Tolls Act, 1851.
1856 XV . . The Hindu 'Widows' lRe-marriage Act, 1856.
. .
1858 I . . The '[Tamil Nadu] ~ d r n ~ u ~ s o r y , t i Labour Act, 1858. . 1859 XXIV . . The '[Tamil Nadu] District Police Act, 1 859. , .
, 4 < - . 1863 XXIU . . The Waste Lands (~iaiks)..~ct, 1863,
1864 XV . . The Indian Tolls ~ct,'1864.
1871 I . . The Cattle-trespass Act, 1871. - ./ .. " L- -
1 These w01ds were sub9 i&ed for the. w ~ f d 'b Ma& " by tb%~~bjl ado
Adaptation of Laws Qrd:r, 1!~69, asamehded by the Taniil,Nadu dapti($be Laws (Second Amendment) Oxder, 1969. : 1 3 ,rtf J ~ .
7
19w : T.N. AC t 3 31 . (Transferced Territory) Extehbn oj Laws
Ycar. .NNmber. Short title.
(1) (2, (3)
Central Acts--cCn t .
1871 XXIII . . The Pensions .Act, 1871. 1878 VI . . The Indian Treasure-trove Act, 1878. 1885 XVTTI . . The Land Acquisition (Mines) Act, 1883. 1886 VI . . The Births, Deaths and hfarriages Registration Act, 1886. 1892 X . . The Government Management of Private Estates Act, 1892.
1894 I . . The Land Acquisition Act, 1894. 1913 VI . . The Musqalman Wakf Validating Act, 191 3.
1916 VII . . The Indian Medical Degrees Act, 191 6.
1918 X . . The Usurious Loans Act, 1918. 1930 XXXII The Mussalman Wakf Validating Act, 1930.
1938 X . . The Cutchi Memons Act, 1938.
l[T',mil Nadu Regulations. j 1802 111 . . The 2[Tamil Nadu] Administration of Estates Regulation,
1802.
1817 VII . . The lLTsrnil Nadu] Endowmt:nt!t and Escheats Regulation,
.1817.
1829 V . . The l[Tamil Nadu] Hindu Wills Regulation, 1829. 1831 X . . The '[Tamil Nadul Sale of Micors' Estates Regulation, 1831.
SITnmil Nadu Acts] 1865 I . . The '[Tamil Nadu] District Limits Act, 1865. 1878 VIII . . The l[Tamil Nadu] Coffee-stealing Prevention Act, 1878.
-- --- -
1 This expression was subst~tuted for the expresiion "Mac'ras Regulations" by paragr~yh 3 (2) of the Tnrnil N I L ' . ~ Adaptation of Laws Order, 1970. 9 m s e word; were subst it uted for the word " Madras " by the Tamil Nadu
,.. Adaptation cf Laws Order, l969, as amended by the Tamil Nadu Adaptation o:' Laws (Secord AmendmerAt) Order, 1969. .
This expression was substituted f a the exprzSsion " Madras Acts" by paragraph 3(2) of the Tamil Nadu Ad on of Laws Order, 1970,
8
(Tranwrred , Tetri~or~) . . [i@160 :EN. Act 13 Extenston OJ b w s
Year. Number. Short title.
(1 1 (2) (3)
lITa. nil Nadu Acts]-cont. 1885 1U . . The l[Tarnil Nadu] Outports Landing and Shipping Fees Act, 1885.
1889 J[II . . The 2[Tamil Nadu] Towns N~~isances Act, 1889. 1890 I1 . . The %[Tamil Nadu] Canals and Public Ferries Act, 18C0. .
191 1 V . . The 2[Tamil Nadu] Hackney Carriage Act, 191 1. 1914 IV . . The TTamil Nadu] ~ediklRegistration Act, 1914. 1918 I . . The Mappilla Succession Act, 191 8.
1919 111 . . The 2[Tamil Nadu] Agricultural Pests and Diseases Act, 1919. 1926 I . . The 2[Tamil Nadu] Indian Ports (Amendment) Act, 1925.
1935 VII . . The "Tamil Nadu] Debtors' Protection Act, 1934. 1936 111 . . The Indian Registration p[Tarnil NaduJ Alnendment) Act, 1935. 1938 V . . The 2[Tarnil Nadu] Traffic Control Act, 1933.
1938 xv , . The Indian Lunacy (Z[Ta~i~i; :~!u: .%rne~dment) Act, 1938. 1938 1 . . The ? (Tarnil N.~du] Minor Ports F u ~ d Act, 1938. 1939 V . . The 2[Tamtl Nadu] Electricity Duty Act, 1939. 1943 III . The Legal Practitioners (afTamil Nadu] Amendment) Act, 1943 1943 XII .. The Indian Lunacy (=[Tamil Nadu] Amendmect) Act, 1943. 1943 X)(III . . The "~amil Nadu] Pawnbrokers Act, 1943.
1945 MI . . The 2[Tamil Nadu] Prevention of Couching Act, 1945. 1947 I X . . The Bu Councils and Legal Practitioners (2[Tarnil-Nadu~ Amend.- ment) Act, 1 947. 1948 I . . The Madras Home Guards Act, 1948.
-- -
1 T ~ S expression was substituted for the :expression '' Madras Acts ?'. by
paragraph 1(2) of he Tamil Nadu Adapt at ion of Laws Order, 1970. r These words were substituted for the Word " Madras " by the Tamil ~ a d u
~ d ~ p t a t i o n f the Laws Order, 1969, as ameKded by the Tamil Nadu Adaptation
~f ~ a w s (Second Ameodrnent) Order, 1969.
9
1 % ~ : T.N. Act 231 (Trmqfurr~d Ztrrifory) 545 113xtenslon OJ Lctws
Yew. Yu~~tber. Short title.
(1 (2) (3)
l[Tanril Nadu Acts]- cot t .
1948 VL . . The =[Tamil NaduIRestriction of Habitual Offienders Act, 1948.
1949" VIXI . . The Vexatious Litigation (Prevention) Acl , 1949. 1949 XVIII . . The Muslim Personal Law (Shariat) Appli~ation(~[Tarnil Nadu] Amendment) Act, 1949.
I
1969 . XXX . . The '[Tamil Nadu] Drugs (Control) Act, 1949. 1949 XLVIl The Tami l Nadu] Cotton (Trade Stocks) Census Act, 1949.
1950 V . . The %[Tamil Nadu] Jute (Control of Priccs and Sales) Act,1950. ir 1951 XVIIJ . . The 2[Tamil Nadu] Anatomy Act, 1951.
. .
XIV . . The Z[Tamil Nadu] Aided I~lstitutions (Prohibition of Transfers of Property) Act, 1948.
XLVIII The e[Tamil Nadu] Educational Institutions (Temporary Control of Property) Act, 1949.
XVI . . The 2[Tamil Nadu] Motor Yeh~cles (Taxation of l'asscnycrs and Goods) Act, 1952.
XXVll The 2[? am11 ~uacluJ Re:;istratiun of Practitioners of Integrate1 l Medicine Act, 1956.
11 The ~[~arnil ~a&]Revenue ( hese amendments have Recovery Act, 1864. teen incorporated in the
. , principal Act, viz., Tamil
Nadu Act I1 of 1864.)
- 1- - - -
1 This expression was substi 1 u!ed fm the expcessiot~ " Madras Acts " by partlgs,+ph j(2) cf the Tamil Nadu Adaptation of Laws Order, 1970. 8 ~hsso, pords werc sqbsti tuted .for i he word " Madras " 5y Tamil kadn Adaptati0n'~f Laws ~rder:'1%9, as anlc nded by the Tamil >aau n of I aws (Sccorid Amcndmcnt) Order, 1969.
THE SECOND SCEIED ULE.
1 (See section 4.)
2
$ Y e ~ r . NHI? lber . Short title. Arilendments.
I
r Cl) (2) (3) (4)
i p l[T~rrlil Nadu Acts.] rl
10
(rranyerred Territory) [I960 : .T.N Act 13 Extension OJ Laws
Year. Nuln3er. Short title,
(r) ( 2 , (3) 1902 I The '[Tamil Nadul Court (These amendments have
of Wards Act, 1902. been incorporated in ths principal Act, viz.,
Tamil Nadu Act I of
1902).
iW5' 111 The 2[I'idmil Nadu] Land (These amendments have Encroachment Act, 1905. been incorporated in the principal Act, viz., Tamil
Nddu Act 111 of 1905).
1931 111 *The '[Tamil Nadu] Motor (These ametldmcnts have - Vehicles Taxation Act, been incorporated in the 1931. principal Act, viz., Tamil
Nadu Act 111 of 1931). j
THE THIRD SCHEDULE.
(See section 13.)
REPEALS.
Year. Number. Short title,
(1) (2) (3)
Travancore A&
1010 I The Powers and Jurisdiction of Munsifs Act, 1010. 1010 IV The Jurisdiction of Zillah Judges Act. 1010. 1124 xXLV The 'Travancore Opium Smoking Act, 1124.
Travancore- Cochin Act. IX The ~rava~core-Cqhin Medical Practitioners Act, 1953.
---
1 This exp 'cssion was substi;utcd for the expression "Madras Acts- by paragraph 3 (2) of the Tamil Na lu Adaptatioqof Laws Order, 1970.
3 Thew words were substituted for the word " Madas 9> by the Tamil Nadu Adapiation ol Laws Order, 1969, as amznded by the Tamil Nadu Adaptation of L- (sxond Amendment) Order, 1969.
*Now the Tamil Nadu Motor
1974).
Vehicles TaxationAct, 1974 ('Tamil Nadu Act. i 3 of
11