The Indian Succession (Extension to Puducherry) Act, 1980

THE INDIAN SUCCESSION (EXTENSION TO PUDUCHERRY) ACT, 1980 (Act No. 10 of 1980)

This Act may be called the Indian Succession (Extension to Puducherry) Act, 1980.

In this Act, unless the context otherwise requires, - (a) “Administrator” means the Administrator of Puducherry appointed by the President under article 239 of the Constitution; (b) “Puducherry” means the Union territory of Puducherry.

The Indian Succession Act, 1925 (hereinafter referred to as the said Act), shall extend to the Union territory of Puducherry, subject to the following modifications, namely:- (i) Section 1 of the said Act shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:- “(2) It shall come into force in the Union territory of Puducherry on such date as the Administrator of that Union territory may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision”;

(1) Any law in force in Puducherry or any area thereof corresponding to the said Act or any provision thereof (except in so far as such law continues to be applicable to Renoncants) shall stand repealed as from the coming into force of the said Act or provision, as the case may be, in Puducherry. (2) Nothing in sub-section (1) shall affect – (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as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 penalty, forfeiture or punishment may be imposed as if this Act had not been passed. Provided that anything done or any action taken under any such law shall be deemed to have been done or taken under the corresponding provision of said Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act.

(1) In the said Act, -- (a)any reference to any provision of law not in force, or to any functionary not in existence, in Puducherry shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that Union territory: Provided that --- (i) if any question arises as to who such corresponding functionary is, or (ii) if there is no such corresponding functionary, the Administrator shall decide as to who such functionary will be and his decision shall be final; (b) any reference to the State Government shall be construed as a reference to the Central Government and also as including a reference to the Administrator. (2) For the purpose of facilitating the application in relation to Puducherry of the said Act, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

If any difficulty arises in giving effect in Puducherry to the provisions of the said Act, the Administrator may, as occasion may require, by order notified in the Official Gazette, make such provisions or give such directions, not inconsistent with the provisions of the said Act, as appear to him to be necessary for the removal of the difficulty; and any such order may provide for the transfer of any matter pending before any court, tribunal or other authority immediately before the commencement of the said Act in Puducherry to any corresponding court, tribunal or authority for disposal: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.