LexThe Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960
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The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960
Act 23 of 1960
Keyword(s):
Existing Law, Transferred Territory
.- ,. . - . C -1..
60 : T.N. Act 231 (~rdnsprred Territory) 5j7
Extension oj* ~aws
'[TAMIL NADU] ACT NO. 23 OF 1960.'
4
, THE l[TAMIL NADU] (TRANSFERRED TERRITORY)
EXTENSION OF LAWS ACT, 1960.
[Received the assent of the President on the 18th October
1960, first published ir the Fort St. George Gazettc
on the 2nd November 1960 (Kartika 11, 1882).]
An Act to extend certain lit-vs to the ttam ferred territorw
in the 3\Stnte of Tamil h'ado].
$
i WHEREAS it is expedient to provide that certain laws should
be extended to, and by virtue of such extension should
be in force in, the transferred territory in the 3[State of
"amil ki Nadu];
BE it enacted in the Eleventh Year -of the Republic of
India as follows :-
I. (1) This Act may be called the lITakil Nadu] short titb ! and com- f (Transferred Territory) Extension of !Laws (, Act, 1960. ,,,nt.
r , *
I (2) It shall come into force on such$ date as the State
Government may, by notification, appoint.
2. In this Act, unless the context otherwise reqt ires,- ~efinitioG.
(a) '$existing law " means any law, Ordinance,
L
! '
Proclamation, regulation, order, by-law, or rule passed , .
or made before the date of the commencemeilt of this
Act by Parliament, or by any Legislature, authority or
person having power to make wch a law, Ordinance,
, Proclamation, regulation, order, by-law or rule ;
1 These words were substituted for the Word "Madras" by the
Tamil Nadu Adaptztion of Laws Order, 1969, as amended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order,1969,
%For Statement of Objects and Reasons, see Fort St. George
Gazette Extraordiary, dated the 27th April 1960, Part IV-A,
Page 179.
3 This expressiop was substituted .for the. expression 6LState
~adras" by+the Tamil .Nadu. Adapiation of .Laws Order. 1969, as
amended by the Tamil Nadu Adaptation of Laws (Scconci Amend-
ment) Order, 1969.
588 ' (Tkd Jetred Territory) [1960: T.N,A& 2
Extension of Laws
(6) "transferred territory" means the Kanyakumar
district and the Shencottah taluk of the Tirunelvel
district.
~~t~~~i~~ of 3. SO much of the enactments specified in the Firs i
cert ?,in Schedule as is it force on the date of the commence~ekt
enactments. of this Act in'the l[State of Tamil Nadtl] except ill thf
transferred territory and rt:lates to matters with re spect
to which the State Legislature has power to make laws for
the State is hereby extendtd to, and shall be in force in
the transferred territory.
Ame~ldmtnt 4. (1) The enactlnens specif~ed in the Second Schedule
and exten- are hereby amended to the extent and in the manner rnen- sion of
certain en- tio ned in the fourth column thereof.
hcbments.
(2) So much of the enac~ments specified in tile
Second Schedule as is in force on the date of the com-
mencement 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.
Construc~ion 5. (1) Any reference in any enactment specified in
of references the First and Second Schedules to a law which is not in
laws force in the transferred territory shall, in relation to that in force In
the trans- territory, be construed as 3. reference to the corresponding
ferred law, if' any, in force in that territory.
territory.
(2) Any reference in any existing law which continues
to be in force in the transferred territory after the date of
1he 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 correspondi:~g to the law so repealed.
"i
1 This exression was substiturf-d for the expression "State of
Madras" by the .Tamil Nadu A::aptation of Laws Order, 1969, as
by the Tsarnil Nadu Adaptation of LZWS (Second Amen-
dmnt) order. 156R
-. -
1960 : ,f.~: Act 231 (?rangerrid Territory) 534
Extension i.$ Lu~vs
6. Any reference, by whatever form of words, in any Construction
existing law to any authority competent at the date of the Of
passing of that law to exercise any powers or discharge to authorj- ties where any functions in the transferred territory shall, where a new au&o-
correspondiag new authority has kn constituted by or rities have
1pnder say mt now exkadkd* & tmndepfed ~~~~s~-
+4p& ~yfib;oaea&aasifit~eardbmcetlu~L~*c
F* ,
7. If, immediately before the date dthe wmnament mml of
of this Act, there is in force in the transferred territory comspon-
any Act, Ordi nance, Pr oclamation, regulation, order, ding laws.
by-law, ruJe. or other law corresponding : tol an enactment ,
, speci$ed in the First or Second Schedule; :whether sucb . + . ,,
~ct, . ~rdi~@pce, P~oclamation, .regulation~. Order, by-law,
]'rule or other law is in force by virtiJai.of section ,119~ of ', ".
the;States ,Reorganisation Act, 1956 jmntral 'Act 37' of
, .
1956) or by, virtue .of *any other legislative power, such
;,
corresponding isw shall, on the date of the commencement
' <
of this. ActD stand repealed to the extent to which the corresb ..
ponding law,relates to matters with respect to which the ., , .
State Legi'$lature has power to make laws for the' State. *.
8. (1) The repeal by section 7 of' any corresponding Sadng.
existing law shall not affect- .i
(a) the previous operation of any such law or arq-
thing 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 punishme1.t incurred ia
~espsot of any offence committed against any such law, or . * <I .
(d) any investigation, legal proceeding ox leiAA-+
in respect of any such right, privilege, obligation, liability,
penalty, forfeiturz or punishment as aforesaid;
and any such investigation, legal proceeding or rcrne~l)
may be instituted, continued or enforcedr and any ai.cjl
penalty, forfeif ure or punishment may ba impold m if'
this Act had not been passed.
(2) Subject to the provisiolls of sub-section (1).
anything done or any action taken including any appoint-
ment 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
cosresporldiag provision of the enactment as now extended
to, and in forcekin, the transferrtd territory and shall
continue in force accordingly, unless and until superseded
by anything done or any action takcn under the said
enactment.
Pow el s of 9. For the purpose of facilitating the application in
CouU the transferred territory of any enactment specified in
Oths the First or Second Schedule, any court or other ahthority rities for of may construe such enactment with such alterations not
f:,ciliial ing affecting the substance as, may bc necessary or proper to
ap~lic3~i~n adapt it to the matter'before the court or other authority. of laws.
%tension of 10. (1) The '[Tamil Nadu] General Clauses ACt, 1867
'[Tamil (l[Tamil Nadu]:Aot, I' of 1,867) and the =[Tamil Nadu Madu]
Oener a1 General Cla~~ses* Act, - '1 891 C[Tamil Nadu Act I'- of 1891
to the transferred territ0r.y.
1 3 claw kt are hereby extended to, and shall be in orce in, the
trandemed
territory . (2) For the removal of doubts, it is hereby declared
that the 'Iravancore-Cochiu. Interpretation and General
Clauses Act, 1125 (Travancore-Cochin Act VII <of 1125)
shall continue to apply for the interpretation of any existing
law in forcein the transferred territory immediately before
the 1st day of November 1956 and continuing in force
on the date of the commencement of this Act.
Extension Of 11. Section 3 of the Prisolls arkd Indian Lunacy
'' (l[Tamil Nadu] Amendment) Act, 1938 ('[Tarnil NsduJ a[Tamil
Nadu ~ot] Act XIV of 1938) is hereby extended to, and shall be in
MV of 1938. force in, the transferred territory.
These words were substituted for :he word " Madras " by
the Tamil Nadu Adapt ntioc 7 f L.,L~, 3rde;, 1959, as amended by
the Tamil h'~,du Adaptation of Laws (Second Amendment) Order,
1969. ,
a This ex ~ession was suht i t w ! ed for the exprcaiai~~n
" Madras Acl" Parrtgrapb 3(2) of the Taniil Nadu Adaptat iu~
of Laws Order, 197C.
5
4 -- L.. - - - -. L --r -
i9'0 : 9.W. ~dt @] (Tramjtrred ~ern't~lp~) 54 1
. Emns~ion oj &W..C
(1) The State Government may,. . .'by notification, powet of
to, @Merged territory or any part thereof, ~overnrmrl :
ith such restrictions and modifications as they think fit, to enend
y enactment which- ensictmehts
-- to lbr: I,,,.7
t ra n sferred (i) is in force in the rest of:&e l[[State of Tamil by Nadu1 at the date of the notificatioa, and no, ificatioj~.
(ii relates to matters with respect to which the
Ylake Log / rlnture hun power to malce laws for the State
(2) Whew any enactment is oxtended to the trans-
fcrred territory by a notification under sub-section (I),
the enactment so extendqd shall be deemed to have ben
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 inay be after the issue of the notification, and if it is
not sitting, within seven days of its re-assembly, arid 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 notifica-
tion is so laid befort- it ; and if the Legislature makes
any modification in the notification or directs that the
r~ij~ificaiion shall case to have eff~ct, the
notliication shall, thereafter, have effect only in such
modified form or bc of no effect, as the case may he,
but without prejudim to the validity of anything
previously done thereunder.
i
(4) Where in respect of any notification issued
, under sub-section (I), the Legislature dirt cts under sub-
section (3) that the said notification shall ceasc to have
effect, the corresponding law, if any, repealcd 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 This expressionwas substituted for the expression "State of
Madras " by theTamil Nadu Adaptation of Laws Order, 1969, as
amznded by th: Tamill Nadu Adaptation of Laws (Second
Amendment) order, 1969.
.w
542 (~ransjerred Territory) .[I960 : T.N. Act. 23
. Extensiota a] Laws
Repeal of 13. The enactments. specified in the Third Schedule in
certain so far as tbey apply to, and are in force in, the transferred
enactr~'ents. territory are hereby repealed.
Power to
remove 14. (1) If any difficulty arises in giving effect to the
diBculties. provisions of this Act or of any enactment extended to
the transferred territory by or under this Act, the Statc
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 madc under sub-scction (1) shall,
as soon as possible after they are made, be placed on the
table of both the Houses of the Legislatui-c. and shall be
s~lbject to such mo?ifications by way of amendment or
repeal as the Legislature may make either in the same
session or in the next session.
THE FIRST SCHEDULE.
(See section 3.)
Year. Nilmh~r. Short tit re.
1837. XXXVI The llTamil Nadu] Public Property Malversation Act, 1837.
1839 VII . . The '[Tarnii Nadul Rent and Revenue Sales Act, 1839.
1851 . VIII . . The Indian Tolls Act, 1851.
1856 XV . . The Hindu 'Widows' lRe-marriage Act, 1856. . .
1858 I . . The '[Tamil Nadu] ~drn~u~sory , ti Labour Act, 1858. .
1859 XXIV . . The '[Tamil Nadu] District Police Act, 1 859. , .
,4< - .
1863 XXIU . . The Waste Lands (~iaiks)..~ct, 1863,
1864 XV . . The Indian Tolls ~ct,'1864.
1871 I . . The Cattle-trespass Act, 1871.
-. / .. " L-- -
1 These w01ds were sub9 i&ed for the. w~fd 'b Ma& " by tb%~~bjl ado
Adaptation of Laws Qrd:r, 1!~69, asamehded by the Taniil,Nadu dapti($be
Laws (Second Amendment) Oxder, 1969. : 1 3 ,rtf J~. .
19w : T.N. AC t 3 31 . (Transferced Territory)
Extehbn oj Laws
Ycar. .NNmber. Short title.
(1) (2, (3)
Central Acts--cCn t .
1871 XXIII . . The Pensions .Act, 1871.
1878 VI . . The Indian Treasure-trove Act, 1878.
1885 XVTTI . . The Land Acquisition (Mines) Act, 1883.
1886 VI . . The Births, Deaths and hfarriages Registration Act, 1886.
1892 X . . The Government Management of Private Estates Act, 1892.
1894 I . . The Land Acquisition Act, 1894.
1913 VI . . The Musqalman Wakf Validating Act, 191 3.
1916 VII . . The Indian Medical Degrees Act, 191 6.
1918 X . . The Usurious Loans Act, 1918.
1930 XXXII The Mussalman Wakf Validating Act, 1930.
1938 X . . The Cutchi Memons Act, 1938.
l[T',mil Nadu Regulations. j
1802 111 . . The 2[Tamil Nadu] Administration of Estates Regulation,
1802.
1817 VII . . The lLTsrnil Nadu] Endowmt:nt!t and Escheats Regulation,
.1817.
1829 V . . The l[Tamil Nadu] Hindu Wills Regulation, 1829.
1831 X . . The '[Tamil Nadul Sale of Micors' Estates Regulation, 1831.
SITnmil Nadu Acts]
1865 I . . The '[Tamil Nadu] District Limits Act, 1865.
1878 VIII . . The l[Tamil Nadu] Coffee-stealing Prevention Act, 1878. -- --- -
1 This expression was subst~tuted for the expresiion "Mac'ras Regulations"
by paragr~yh 3 (2) of the Tnrnil N IL'.~ Adaptation of Laws Order, 1970.
9 mse word; were subst it uted for the word " Madras " by the Tamil Nadu
,.. Adaptation cf Laws Order, l969, as amended by the Tamil Nadu Adaptation o:'
Laws (Secord AmendmerAt) Order, 1969. .
This expression was substituted fa the exprzSsion " Madras Acts" by paragraph 3(2) of the Tamil Nadu Ad on of Laws Order, 1970,
(Tranwrred , Tetri~or~) . . [i@160 : EN. Act 13
Extenston OJ bws
Year. Number. Short title.
(1 1 (2) (3)
lITa. nil Nadu Acts]-cont.
1885 1U . . The l[Tarnil Nadu] Outports Landing and Shipping Fees Act, 1885.
1889 J[II . . The 2[Tamil Nadu] Towns N~~isances Act, 1889.
1890 I1 . . The %[Tamil Nadu] Canals and Public Ferries Act, 18C0. .
191 1 V . . The 2[Tamil Nadu] Hackney Carriage Act, 191 1.
1914 IV . . The TTamil Nadu] ~edikl Registration Act, 1914.
1918 I . . The Mappilla Succession Act, 191 8.
1919 111 . . The 2[Tamil Nadu] Agricultural Pests and Diseases Act, 1919.
1926 I . . The 2[Tamil Nadu] Indian Ports (Amendment) Act, 1925.
1935 VII . . The "Tamil Nadu] Debtors' Protection Act, 1934.
1936 111 . . The Indian Registration p[Tarnil NaduJ Alnendment) Act, 1935.
1938 V . . The 2[Tarnil Nadu] Traffic Control Act, 1933.
1938 xv , . The Indian Lunacy (Z[Ta~i~i; ::~!u: .%rne~dment) Act, 1938.
1938 1 . . The ? (Tarnil N.~du] Minor Ports Fu~d Act, 1938.
1939 V . . The 2[Tamtl Nadu] Electricity Duty Act, 1939.
1943 III . The Legal Practitioners (afTamil Nadu] Amendment) Act, 1943
1943 XII .. The Indian Lunacy (=[Tamil Nadu] Amendmect) Act, 1943.
1943 X)(III . . The "~amil Nadu] Pawnbrokers Act, 1943.
1945 MI . . The 2[Tamil Nadu] Prevention of Couching Act, 1945.
1947 IX . . The Bu Councils and Legal Practitioners (2[Tarnil-Nadu~ Amend.- ment) Act, 1 947.
1948 I . . The Madras Home Guards Act, 1948.
-- -
1 T~S expression was substituted for the :expression '' Madras Acts ?'. by
paragraph 1(2) of he Tamil Nadu Adapt at ion of Laws Order, 1970.
r These words were substituted for the Word " Madras " by the Tamil ~adu
~d~ptation of the Laws Order, 1969, as ameKded by the Tamil Nadu Adaptation
~f ~aws (Second Ameodrnent) Order, 1969.
1%~ : T.N. Act 231 (Trmqfurr~d Ztrrifory) 545
113xtenslon OJ Lctws
Yew. Yu~~tber. Short title.
(1 (2) (3)
l[Tanril Nadu Acts]- cot t .
1948 VL . . The =[Tamil NaduIRestriction of Habitual Offienders Act, 1948.
1949" VIXI . . The Vexatious Litigation (Prevention) Acl , 1949.
1949 XVIII . . The Muslim Personal Law (Shariat) Appli~ation(~[Tarnil Nadu]
Amendment) Act, 1949.
I
1969 . XXX . . The '[Tamil Nadu] Drugs (Control) Act, 1949.
1949 XLVIl The Tamil Nadu] Cotton (Trade Stocks) Census Act, 1949.
1950 V . . The %[Tamil Nadu] Jute (Control of Priccs and Sales) Act,1950.
ir
1951 XVIIJ . . The 2[Tamil Nadu] Anatomy Act, 1951.
. .
XIV . . The Z[Tamil Nadu] Aided I~lstitutions (Prohibition of Transfers
of Property) Act, 1948.
XLVIII The e[Tamil Nadu] Educational Institutions (Temporary
Control of Property) Act, 1949.
XVI . . The 2[Tamil Nadu] Motor Yeh~cles (Taxation of l'asscnycrs
and Goods) Act, 1952.
XXVll The 2[? am11 ~uacluJ Re:;istratiun of Practitioners of Integrate1 l
Medicine Act, 1956.
11 The ~[~arnil ~a&] Revenue ( hese amendments have
Recovery Act, 1864. teen incorporated in the
., principal Act, viz., Tamil
Nadu Act I1 of 1864.)
- 1- - -- -
1 This expression was substi 1 u!ed fm the expcessiot~ " Madras Acts " by
partlgs,+ph j(2) cf the Tamil Nadu Adaptation of Laws Order, 1970.
8 ~hsso, pords werc sqbsti tuted .for i he word " Madras " 5y
Tamil kadn Adaptati0n'~f Laws ~rder:'1%9, as anlc nded by the Tamil >aau
n of I aws (Sccorid Amcndmcnt) Order, 1969.
THE SECOND SCEIED ULE.
1 (See section 4.)
2
$ Ye~r. NHI? lber . Short title. Arilendments.
I
r
Cl) (2) (3) (4)
i p l[T~rrlil Nadu Acts.]
rl
(rranyerred Territory) [I960 : .T.N Act 13
Extension OJ Laws
Year. Nuln3er. Short title,
(r) (2, (3)
1902 I The '[Tamil Nadul Court (These amendments have
of Wards Act, 1902. been incorporated in ths
principal Act, viz., Tamil Nadu Act I of
1902).
iW5' 111 The 2[I'idmil Nadu] Land (These amendments have
Encroachment Act, 1905. been incorporated in the principal Act, viz., Tamil
Nddu Act 111 of 1905).
1931 111 *The '[Tamil Nadu] Motor (These ametldmcnts have
- Vehicles Taxation Act, been incorporated in the 1931. principal Act, viz., Tamil
Nadu Act 111 of 1931). j
THE THIRD SCHEDULE.
(See section 13.)
REPEALS.
Year. Number. Short title,
(1) (2) (3)
Travancore A&
1010 I The Powers and Jurisdiction of Munsifs Act, 1010.
1010 IV The Jurisdiction of Zillah Judges Act. 1010.
1124 xXLV The 'Travancore Opium Smoking Act, 1124.
Travancore- Cochin Act.
IX The ~rava~core-Cqhin Medical Practitioners Act, 1953.
---
1 This exp 'cssion was substi;utcd for the expression "Madras Acts- by
paragraph 3 (2) of the Tamil Na lu Adaptatioqof Laws Order, 1970.
3 Thew words were substituted for the word " Madas 9> by the Tamil Nadu
Adapiation ol Laws Order, 1969, as amznded by the Tamil Nadu Adaptation of L-
(sxond Amendment) Order, 1969.
*Now the Tamil Nadu Motor
1974).
Vehicles TaxationAct, 1974 ('Tamil Nadu Act. i3 of