Bare Act
The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965
1. Short title and commencement
(1) This Act may be called the [Tamil Nadu] (Transferred Territory) Extension of Laws Act, 1965. (2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions
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.
3. Extension of certain enactments
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.
4. Amendment and extension of certain enactments
(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) The enactments specified in the Second Schedule as in force in the [State of Tamil Nadu] except in the transferred territory and as amended in the manner mentioned in that Schedule is hereby extended to, and shall be in force in, the transferred territory.
5. Construction of references to laws not in force in the transferred territory
(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 enactment specified in the First or Second Schedule to any authority] common to that territory, be construed as a reference to the enactment specified in the First or Second Schedule corresponding to the law so repealed.
6. Construction of references to authorities
Any reference, by whatever form of words, in any law in force in the transferred territory to any authority competent at the date of the commencement of this Act to exercise any powers or discharge any duties in the transferred territory shall, where a corresponding new authority has been constituted by or under this Act, have effect as if it were a reference to that new authority.
7. Repeal of corresponding laws
If, on the date of the commencement of this Act, there is in force in the transferred territory any law, Ordinance, Proclamation, regulation, order, by-law, rule or other law corresponding to an enactment specified in the First or Second Schedule, whether such law, 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.
8. Savings
The repeal of any corresponding law shall not affect— (a) the previous operation of any such law or anything duly done or 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.
9. Repeal of certain Acts
Without prejudice to the provisions of sub-section (1), the Travancore-Cochin Compensation for Tenants' Improvements Act, 1956 (President's Act X of 1956) which is in force in the Shencottah taluk of the Tirunelveli district is hereby repealed.
10. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order, do anything which appears to them necessary for the purpose of removing the difficulty. (2) Every order issued under sub-section (1) shall, as soon as possible after it is issued, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such order or both Houses agree that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
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