LexThe Tamil Nadu (Added Territory) Extension of Laws Act, 1961 Act 9 of
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The Tamil Nadu (Added Territory) Extension of Laws Act, 1961
Act 9 of 1961
Keyword(s):
Added Territories, Existing Law
l[TAMIL NADIr] ACT NO. 9 OF 19612.
THE T TAMIL NADUJ (ADDED TERRITORY)
t EXTENSION CIF LAWS ACT, 1961.
[Received the assent of the Governor OIZ the 30th.March
1961, first published in the Fort St. George Gazette
Extraordinary on the 30th March 1961 (Chaitra 9,
1883).j . ,
An Act to e$.teid certain laws to the" added f erritory in
the 8[St at e of Tamil Nada].
~&~;it:is expedient to piovidef~t -bin laws should ~ I ,
be. extmded to, land. by 'virtue of is.la-t% tatension should
be.in foice in;:the added tnritory iethe a[Stata of Tamil
Nadu];' A:. . f i .
t
BE it enacted in the Twelfth Year of the Republic, of India
as follows ;-
1. (1) This Act may be called the =[Tamil Nadu] (Added Short title
Territory) Extension of Laws Act, 1961. and
commence-
t
(2) It shall come into force on the 1st April 1961. ment .
2. In this Act, unless the context otheswise requires,- Definitions.
(a) " added territol'y " means the territory transferred
to the a[State of Tamil Nadu] by the Andhra Pradesh and
Madra.s (Alteration of Boundrries) Act, 1959 (Central Act
56 of 1959) ;
(b) " existing law" means a.ny law, Ordinance, Procla-
mation, regulation, order, by-law or rule passed or made
before the date of the commencement of this Act by
1 These words were substi~uted fcr the word '' Madras " by
the Tamil Nadu Adaptation ef Laws Order, 1969, as amended
by tlm Tamil Nadu Adaptation of Laws (Second Amendment)
order, 1 969.
a For Slatemen t of Objecr s and Reasons, See For? st.
r;.loi.,qe Gazette Extraordinary, dated the 22nd March 1961, "nrt
IV-Section 3, pages 80-81.
This expression ms substituted for the expression " Slur e
of Madras " by the Tamil Nadu Adaptation of Laws Order, 1969,
as amended by the Tamil Nadu Adapt at ion of Laws (Secc ~d
Amendment) Order, 1 %9.
5 GO (Added Territory) [I961 : T.N. Act 9
(Ext~~on oj Laws)
Parliament, or by any Legislature, authority or perhon
having power to make such a law Ordinance, Pr40cla-
mation, regulation, order, by-law or rule; S, ,
I
1 a
(c) the expression " registered dealer " means a dealer
i*egistered or deemed to have been registered bkider the
l[Tamil Nadu] General Sales Tax Act, 1959 (lu~mil Nadu]
Act I of 1959), and includes a tetail dealer registered or
deemed to'have been registered under the '[Tamil Nadu]
Sales of Motor Spirit Taxation Act, 1939 ('[Tamil Nadu]
Act VI of 1939): *
$
Extellsion of 3. The '[Tamil Nadu] Sales of Motor Spirit Taxation
'lTami1 Nadu Acf s] Act, 1939, (l[Temil lrTadu] Act VI of 1939), the l[Tamil
VI of 19~9, Nadt: Entertainments Tax Act, 1 939 ('[Tamil Nadu] Act
x of 1939 X of 1939), and the lITamil Nadu] General Sales Tax Act,
and 1 of 1959 (][Tamil Nadu] Act 1 of 1959), and any rule, by-law,
Ig59 to the order, notification or other instrument having the force added territory. of law made thefeunder (heieinafter referred to as the 3[Tainil Nadu law] and in force on the date of the commence-
ment of this Act in the atstate of Tamil Nadu] except
in the added territory ale hereby extended to, and shall
be in force in, the added territory.
4. If, immediately before the dale of the cornmencerner-it
Kcpeal of of this Act, there is in force in tl~e added territory correspond-
ing Jaws, any law corresponding to the 3[Ta.mil Nadu law] whether
such corresponding law is in force by virtue of section 45
of the Andhra Pradesh and Madras (Alteration of Bounda-
ries) Act, 1959 (Central Act 56 of 1959), or by virtue of any
other legislative power, such corresponding law shall,
011 the date of tla cvir~uicrlcernell r oi this Act, stand
- -.-- --- - ---
I 'fhese wcrds were subsiituied fa the wc.1-d " Mzdras " by
the Tamil Nzdu Adaptation of LAWS Order, 1969, as amended
by thz Tamil Nadu Adsp! at ion of Laws (Peco:ld Arnend~~nt)
Order, 1969.
8 This s:~pressio!~ was substituted far f he expression
Madras Acts " bY paragraph 3(2) of the Tamil Nadu Adapta-
ti017 of Laws Order, 1970.
3 his expression was substit ukd for 111e cxtJressi ou
" Madr .?s Law '' by paragraph 3(2) ,ibid.
This csprcssion Was subsliiuied fcjr the expression " Slate
i.T Medras " by the Tamil Nadu Adaptation of Laws Order,
1969, as amendcd by the Tamil Nadu Adap:al ion of Law (Second
Amcr~dnlec:) Order, 1969.
~.-. -
-mv , -4.- , _ _ _ -.._-. - . 5, . -r-. :A.&~,.\ ,
-- - -- " . . . * . . . , , . . . . .& -* A,, :'.
I
1961 : T.N. Act 91 (Ad& d Ter dory) 561
(Extension of Laws)
1
repealed to, the extent to wfiich the cofiesponding law
relates to matters with respwt to, wwh the State Legisla-
ture has pow&, to make laws for the State.
5. (1) 'The repeal by section 4 of comsponding saviws.
existing law shall not affect-
.--.
-
t: (a) thv previous operation of any such law or anything
jq done or 2 dalp suffered thereu ridm , b - , .
, I~l:.,..Rz:!. ; , 1'
R $6$f)f.4* f
- - (b) right, bivilkie, obligdtion or liatiility acquired, 9.
. accrue d or 'incuifred under ' any suc~~law, ' or
14,
(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 insttituted, continued or enfoiced and any such
penalty, forfeituie of punishment may be imposkd, as if
this Act had not been passed.
(2) Subject to the provisions of sub-section (I), any
thing done or any action taken including any appointment
or delegation made, notification, order, instdction or
direction issued, rule, regulation, form, by-law or scheme
framed, cetificate, permit or licence granted or registration
effected under such corresponding existing law shali "e
deemed to have been done or taken under tbe correspon -
ding provision of the l[Tamil Nadu law] as now extended
to, and in force in, the added territory and shall contiilue
in force accordingly, unless and until superseded by
anything done or any action taken under the said [ T~mil
Nadu law].
6. (1) Any reference in the IfTamil Nadu I.[ w 1 11 F it. Irc w F!fj~ta( I lr+
which is not in force in the added territory ukall, in ,(:In l ion ijflll of' nfi:-
rsfrcalj to that territory, be construed as arefarcnce to tllc corrcn- laws not
ponding law, if any, in force in that territory. force in tbn - -- - -- added I
This expression was substituted for the expression ferri tory.
LcMa:irns law" by aaragraph 3 (2) of the Tamil Nadu Adapta-
tion of Laws Order, 1970.
562 (Added Tc rrit ory) [I961 : T.N. Act 9
(Extension oj Laws)
(2) Any reference in any existing law which continues
to be in force in the added territory after the date of the
commencement of this Act, to any law repealed by section
4 shall, in rela ti on to that territory, be construed as a
reference to the l[Tamil Nadu law] corresponding to the
law so repealed.
Conskruc- 7. Any reference, by whatever form of words. in any
tion of refe- existing law to any authority competent at the date of the
refices to passing of that law to exercise any powers or discharge any authorities functions in the added territory shall, where a correspon-
where authorities new ding new authority has been constituted by or under any
have heen '[Tamil Nadu law] now extended to the added territcry,
constituted. ;.-lr~ effect as if it were a reference to that ilew authority.
power- of 8. For the purpose of facilitating the application in the
courts and added territory of any ~[Tamil Nadu law], any court or
other autho- other authority may construe such law with such alterations rities for
purposes of not affecting the substance as may be necessary or proper
facilitating to adapt it to the matter before the court or other
application authority.
Of laws.
Exernpfioll 9. (1) Where any goods specified in Schedule I or
Of goods Schedule II or Schedule 111 to the Andhra Pradesh Chneral
Sales Tax Act, 1957 (Andhra ~ridesh Act VI of 1957), taxed under which are held in stock by a dealer in the added territory
Pradesh Act on the date' of the ~commencemen.t of this Act, has, been
VI of 1957. assessed to tax under the said Act, such goods shall not be
liable to be taxed again under the a[Tamil Nadu] General
Sales Tax Act, 1959 (2[Tamil Nadu] Act I of 1959). ..
#,* L ,4'
. ;' .
I r'
(2) The burden of proving that any goods referred
to in sub-section (1) has suffered tax under the Andhra
Pradesh C eneral Sales Tax Act, , 1957 (Andhra ~radesh
Act VI of 19571, shall be on the dealer who claims the
exempt ion urrder sub-section (I).
This expression was substituted for the expression "Madras P
law" by paragraph 3(2) of the Tamil Nadu Adaptation of Laws
Order, 1970.
,a
I . , .
/
These words were substituted for the word "~adr&' by the
Tamil Nadu Adaptation of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendmbnt) Oqw, 1969.
-.- . '. . -. k. . -. ---a -.,- ., ,- . . - - , . - _ I A- r.r-'%+Qb --*
C >?
1961 : T.N. Act 91
I"
(Added Territory) . 563
I extension)^^ Laws) $
T 10. (1) , Bwry registered dealer in i $he added ::emtory Rrgiste~ed
shall, in,i%&ct of any goods or &s@.,o$ goods which the dealers in added terri- State Government may by no@fi,catipn in this behalf ,ory ,,
specify, 6i'thiq seven days from the date of ,such notifica- Eeolnl e
tion, fu*h to f he asessing authority,w~~rned - a re- stocks of oorls held ii h~h 'foim ari&o&taiahg such particulars as : may be ty them.
"peciiied in the said notifications declaring the stocks d such
goods or, class pf goods held by him, on the date of the
commen&ment of this Act. /I
x
7f
(2) If any registered dealer fails to furnish the
return which he is required to furnish under sub- $ section (1) or wilfully makes any false statement tberein,
he shall be punishable wit11 fine which may extend to
five hundred rupees.
11. (I) Notwithstanding anything contained in the Levy of tax
'[Tarnil Nadu] Sales of Motor Spirit Taxation Acty 1939 On *Otor' spirit held (l[Tamil Nadu] Act VI of 1939), as extended to, and in by a retail
foxe in, the added territory, there shall be levied on L:.* dealer.
stocks of motor-spirit held by a retail dealer in the said
territory on the date of the commencement of this Acty
1. a tax at the rate specified in section 3 of the said Act :
h
L Provided that no tax shall be levied under this section
on the stocks of motor-spirit held by such dealer on such
date if in respect of s~~ch stocks tax has already been paid
. under the '[Tamil Nadu] Sales of Motor Spirit Taxation
Act, 1939 (l[Tamil Nadu] Act VI of 1939.)
(2) The burden: of proving that tax under the IfTamil
Iqadu] Sales of Motor Spkit Taxation Act, 1939 ('[Tamil
Nadu] Act VI of 1939). has already been paid in respect
of any stock of motor spirit held by a retail dealer on the
date of the commencement of this Act shalt be on such
retail dealer. ,
I
1 These words were substituted for the word "Madras" by the
Tamil Nadu Adaptatio? of Laws Order. 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969.
564 (Added Territory) [I961 : T.N. Act 9
(Extension of Law)
Power to re- 12. (1) If any difficulty arises,io giving effect to the
mow dim- provisions of thisiAct or of any '[Tamil Nadu law] as ex- culties. tended to the added territory by this Act, the State Govern-
ment as occasionmay require, may, by order, do anything
which appears to them necessary for the grpose 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 tbe Legislature, and if, before the expiry (br
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 ar.y such inodi.ii~b~io1~ or a-lnuiment shall be witliout
prejudice to the validity of anything previously done under
*at wdet.
I This expression was substituted for the expression "Madras law"
by paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order,
1970.