The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960

(1) This Act may be called the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960. (2) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,— (a) “existing law” means any law, Ordinance, Proclamation, regulation, order, by-law, or rule passed or made before the date of the commencement of this Act by Parliament, or by any Legislature, authority or person having power to make such a law, Ordinance, Proclamation, regulation, order, by-law or rule; (b) “transferred territory” means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.

So much of the enactments specified in the First Schedule as is in force on the date of the commencement 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 is hereby extended to, and shall be in force in the transferred territory.

(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) So much of the enactments specified in the Second Schedule as is in force on the date of the commencement 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. (1) The State Government may, by notification, extend to the transferred territory or any part thereof, with such restrictions and modifications as they think fit, any enactment which— (i) is in force in the rest of the State of Tamil Nadu at the date of the notification, and (ii) relates to matters with respect to which the State Legislature has power to make laws for the State. (2) When any enactment is extended to the transferred territory by a notification under sub-section (1), the enactment so extended shall be deemed to have been 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 may be after the issue of the notification, and if it is not sitting, within seven days of its re-assembly, and 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 notification is so laid before it; and if the Legislature makes any modification in the notification or directs that the notification shall cease to have effect, the notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder. (4) Where in respect of any notification issued under sub-section (1), the Legislature directs under sub-section (3) that the said notification shall cease to have effect, the corresponding law, if any, repealed 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) Any reference in any enactment specified in the First and Second Schedules 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. (2) Any reference in any existing law which continues to be in force in the transferred territory after the date of the 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 corresponding to the law so repealed.

Any reference, by whatever form of words, in any existing law to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in the transferred territory shall, where a new authority has been constituted by or under any enactment extended to the transferred territory by this Act, have effect as if it were a reference to that new authority.

If, immediately before the date of the commencement of this Act, there is in force in the transferred territory any Act, Ordinance, Proclamation, regulation, order, by-law, rule, or other law corresponding to an enactment specified in the First or Second Schedule, whether such Act, Ordinance, Proclamation, regulation, order, by-law, rule or other law is in force by virtue of section 119 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) or by virtue of any other legislative power, such corresponding law shall, on the date of the commencement of this Act, stand repealed to the extent to which the corresponding law relates to matters with respect to which the State Legislature has power to make laws for the State.

(1) The repeal by section 7 of any corresponding existing law shall not affect— (a) the previous operation of any such law or anything 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 punishment incurred in respect of any offence committed against any such law, 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. (2) Subject to the provisions of sub-section (1), anything done or any action taken including any appointment 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 corresponding provision of the enactment as now extended to, and in force in, the transferred territory and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said enactment.

For the purpose of facilitating the application in the transferred territory of any enactment specified in the First or Second Schedule, any court or other authority may construe such enactment with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.

(1) The Tamil Nadu General Clauses Act, 1867 (Tamil Nadu Act I of 1867) and the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act I of 1891) are hereby extended to, and shall be in force in, the transferred territory. (2) For the removal of doubts, it is hereby declared that the Travancore-Cochin Interpretation and General Clauses Act, 1125 (Travancore-Cochin Act VII of 1125) shall continue to apply for the interpretation of any existing law in force in the transferred territory immediately before the 1st day of November 1956 and continuing in force on the date of the commencement of this Act.

Section 3 of the Prisons and Indian Lunacy (Tamil Nadu Amendment) Act, 1938 (Tamil Nadu Act XIV of 1938) is hereby extended to, and shall be in force in, the transferred territory.

The enactments specified in the Third Schedule in so far as they apply to, and are in force in, the transferred territory are hereby repealed.

(1) If any difficulty arises in giving effect to the provisions of this Act or of any enactment extended to the transferred territory by or under this Act, the State 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 made under sub-section (1) shall, as soon as possible after they are made, be placed on the table of both the Houses of the Legislature. and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.

(See section 3.) Year. Number. Short title. 1837. XXXVI The Tamil Nadu Public Property Malversation Act, 1837. 1839 VII The Tamil Nadu Rent and Revenue Sales Act, 1839. 1851 VIII The Indian Tolls Act, 1851. 1856 XV The Hindu Widows' Re-marriage Act, 1856. 1858 I The Tamil Nadu Compulsory Labour Act, 1858. 1859 XXIV The Tamil Nadu District Police Act, 1859. 1863 XXIII The Waste Lands (Claims) Act, 1863, 1864 XV The Indian Tolls Act, 1864. 1871 I The Cattle-trespass Act, 1871. 1871 XXIII The Pensions Act, 1871. 1878 VI The Indian Treasure-trove Act, 1878. 1885 XVIII The Land Acquisition (Mines) Act, 1883. 1886 VI The Births, Deaths and Marriages Registration Act, 1886. 1892 X The Government Management of Private Estates Act, 1892. 1894 I The Land Acquisition Act, 1894. 1913 VI The Mussalman Wakf Validating Act, 1913. 1916 VII The Indian Medical Degrees Act, 1916. 1918 X The Usurious Loans Act, 1918. 1930 XXXII The Mussalman Wakf Validating Act, 1930. 1938 X The Cutchi Memons Act, 1938. Tamil Nadu Regulations. 1802 III The Tamil Nadu Administration of Estates Regulation, 1802. 1817 VII The Tamil Nadu Endowments and Escheats Regulation, 1817. 1829 V The Tamil Nadu Hindu Wills Regulation, 1829. 1831 X The Tamil Nadu Sale of Minors' Estates Regulation, 1831. Tamil Nadu Acts 1865 I The Tamil Nadu District Limits Act, 1865. 1878 VIII The Tamil Nadu Coffee-stealing Prevention Act, 1878. 1885 III The Tamil Nadu Outports Landing and Shipping Fees Act, 1885. 1889 III The Tamil Nadu Towns Nuisances Act, 1889. 1890 II The Tamil Nadu Canals and Public Ferries Act, 1890. 1911 V The Tamil Nadu Hackney Carriage Act, 1911. 1914 IV The Tamil Nadu Medical Registration Act, 1914. 1918 I The Mappilla Succession Act, 1918. 1919 III The Tamil Nadu Agricultural Pests and Diseases Act, 1919. 1926 I The Tamil Nadu Indian Ports (Amendment) Act, 1925. 1935 VII The Tamil Nadu Debtors' Protection Act, 1934. 1936 III The Indian Registration (Tamil Nadu Amendment) Act, 1935. 1938 V The Tamil Nadu Traffic Control Act, 1938. 1938 XV The Indian Lunacy (Tamil Nadu Amendment) Act, 1938. 1938 I The Tamil Nadu Minor Ports Fund Act, 1938. 1939 V The Tamil Nadu Electricity Duty Act, 1939. 1943 III The Legal Practitioners (Tamil Nadu Amendment) Act, 1943. 1943 XII The Indian Lunacy (Tamil Nadu Amendment) Act, 1943. 1943 XXIII The Tamil Nadu Pawnbrokers Act, 1943. 1945 III The Tamil Nadu Prevention of Couching Act, 1945. 1947 IX The Bar Councils and Legal Practitioners (Tamil Nadu Amendment) Act, 1947. 1948 I The Madras Home Guards Act, 1948. 1948 VI The Tamil Nadu Restriction of Habitual Offenders Act, 1948. 1949 VIII The Vexatious Litigation (Prevention) Act, 1949. 1949 XVIII The Muslim Personal Law (Shariat) Application (Tamil Nadu Amendment) Act, 1949. 1949 XXX The Tamil Nadu Drugs (Control) Act, 1949. 1949 XLVII The Tamil Nadu Cotton (Trade Stocks) Census Act, 1949. 1950 V The Tamil Nadu Jute (Control of Prices and Sales) Act, 1950. 1951 XVIII The Tamil Nadu Anatomy Act, 1951. 1948 XIV The Tamil Nadu Aided Institutions (Prohibition of Transfers of Property) Act, 1948. 1949 XLVIII The Tamil Nadu Educational Institutions (Temporary Control of Property) Act, 1949. 1952 XVI The Tamil Nadu Motor Vehicles (Taxation of Passengers and Goods) Act, 1952. 1956 XXVII The Tamil Nadu Registration of Practitioners of Integrated Medicine Act, 1956. 1864 II The Tamil Nadu Revenue Recovery Act, 1864. (These amendments have been incorporated in the principal Act, viz., Tamil Nadu Act II of 1864.)

(See section 4.) Year. Number. Short title. Amendments. 1902 I The Tamil Nadu Court of Wards Act, 1902. (These amendments have been incorporated in the principal Act, viz., Tamil Nadu Act I of 1902). 1905 III The Tamil Nadu Land Encroachment Act, 1905. (These amendments have been incorporated in the principal Act, viz., Tamil Nadu Act III of 1905). 1931 III The Tamil Nadu Motor Vehicles Taxation Act, 1931. (These amendments have been incorporated in the principal Act, viz., Tamil Nadu Act III of 1931).

(See section 13.) REPEALS. Year. Number. Short title. Travancore Acts: 1010 I The Powers and Jurisdiction of Munsifs Act, 1010. 1010 IV The Jurisdiction of Zillah Judges Act, 1010. 1124 XLV The Travancore Opium Smoking Act, 1124. Travancore-Cochin Act: 1953 IX The Travancore-Cochin Medical Practitioners Act, 1953.