section 19
Extension of Central Act II of 1899 to transferred territory, reference, the repeal of corresponding law, etc
The Indian Stamp (Tamil Nadu Amendment) Act, 1958Tax195814 sections
Statutory text
- (1) The principal Act, as in force immediately before the commencement of this Act in the [State of Tamil Nadu] except in the transferred territory and in so far as it relates to matters with respect to which the State Legislature has power to make laws for the State and as amended by this Act (hereinafter in this section referred to as the Central Act) is hereby extended to, and shall be in force in, the transferred territory.
- (2) If immediately before the commencement of this Act, there is in force in the transferred territory any law corresponding to the Central Act, such corresponding law shall stand repealed on such commencement.
- (3) The repeal by sub-section (2) of any law corresponding to the Central Act in force in the transferred territory immediately before the commencement of this Act shall not affect-
- (a) the previous operation of any such law or anything done or duly suffered thereunder,
- (b) any right, privilege, obligation or liability acquired, accrued, or incurred under any such law,
- (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law,
- (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.
- (4) Subject to the provisions of sub-section (3), any act or thing done or any action taken including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or form framed, certificate obtained or penalty imposed under any such corresponding law shall be deemed to have been done or taken under the corresponding provision of the Central Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the Central Act.
- (5) For the purpose of facilitating the application of the Central Act in the transferred territory, any court or other authority may construe the Central Act with such alterations not affecting the substance as may be necessary or proper to adapt the matter before the court or other authority.
- (6) Any reference in the Central Act to a law which is not in force in the transferred territory shall, in relation to that territory, be construed as a reference to the corresponding law, if any, in force in that territory.
- (7) Any reference in any law which continues to be in force in the transferred territory after the commencement of this Act to any law repealed by sub-section (2) shall, in relation to that territory, be construed as a reference to the Central Act. Explanation.-For the purpose of this section, the expression 'transferred territory' shall mean the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.
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