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PONDICHERRY (EXTENTION OF LAWS) ACT, 1968

26 of 1968

24th May, 1968

STATEMENT OF OBJECTS AND REASONS "The former French Establishments of Pondicherry, Karikal, Mahe and Yanam were integrated with the Indian' Union as the Union Territory of Pondicherry with effect from 16th August. 1962. Since then some essential laws in force in the rest of India, including those relating to criminal procedure, have been extended to that territory. There is a desire among large sections of the people of the territory that the civil, judiciary and important administrative agencies should be switched over from the French pattern to the Indian pattern and more laws that are in force in the rest of India should also be extended to the said Union Territory. The Bill seeks to achieve this object and accordingly provides for the extension with the necessary modifications to the Union Territory of certain Central Acts and for the repeal of the corresponding French laws in force in that territory. While extending personal laws, it has been provided that they will not apply to Renoncants in the Union Territory."-Gaz. of Ind.. 11-12-1967. Pt. II, S. 2, Extra, p. 1224.

An Act to extend certain Central Acts to the Union Territory of Pondicherry. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows :-

SECTION 01: SHORT TITLE

This Act may be called The Pondicherry (Extension of Laws) Act, 1968.

SECTION 02: DEFINITIONS

In this Act, unless the context otherwise requires,-

(a) "Act" means an Act or the Ordinance specified in the Schedule;

(b) "Administrator" means the administrator of Pondicherry appointed by the President under Art. 239 of the Constitution:

SECTION 03: EXTENSION WITH AMENDMENTS OF CERTAIN LAWS TO PONDICHERRY AND THEIR COMMENCEMENT THEREIN

(1) The Acts specified in Part I of the Schedule as they are generally in force in the territories to which they extend and the Acts specified in Part II of the Schedule as they were in force on the 1st day of August, 1966, in the State or Union Territory mentioned there against shall extend to Pondicherry, subject to the modifications, if any, specified in the Schedule.

(2) Notwithstanding anything contained in sub-section (1), or in the relevant provision, if any, of each such Act for the commencement thereof, the provisions of each such Act shall come into force in Pondicherry on such date as the Administrator may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of any Act and any reference in any such provision to the commencement of the Act shall be construed as a reference to the coming into force of that provision.

SECTION 04: REPEAL AND SAVING

(1) Any law in force in Pondicherry or any area thereof corresponding to any Act referred to in sub-section (1) of section 3-or any part thereof (except in so far as such law continues to be applicable to Renoncants) shall stand repealed as from the coming into force of such Act in Pondicherry.

(2) Nothing in sub-section (1) shall effect-

(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, 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 : Provided that anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or scheme framed, certificate obtained, permit or licence granted, or registration effected) under any such law, shall be deemed to have been done or taken under the corresponding provision of the Act extended to Pondicherry by this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act.

SECTION 05: EXTENSION OF RULES, ORDERS, ETC., UNDER CERTAIN LAWS

All rules, notifications, orders, regulations and bye-laws made or issued by the Central Government under the provisions of any Act generally for the territories to which such Act extends shall as from the commencement of the provisions of such Act in Pondicherry, extend to, and come into force in, Pondicherry.

SECTION 06: RULES OF CONSTRUCTION

(1) In any Act or in any of the rules, notifications, orders, regulations and bye -laws made or issued thereunder and extended to Pondicherry by this Act,-

(a) any reference to any provision of law not in force, or to any functionary not in existence, in Pondicherry shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that Union Territory : Provided that-

(i) if any question arises as to who such corresponding functionary is, or

(ii) if there is no corresponding functionary, the Administrator shall decide as to who such functionary will be and his decision shall be final;

(b) any reference to the State Government shall be construed as a reference to the Central Government and also as including a reference to the Administrator.

(2) For the purpose of facilitating the application in relation to Pondicherry of any Act or any rule, notification, order, regulation or bye-law made or issued thereunder, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

SECTION 07: POWER TO REMOVE DIFFICULTIES

If any difficulty arises in giving effect in Pondicherry to the provisions of any Act extended by this Act to Pondicherry, the Central Government may, as occasion may require, by order, make such provisions or give such directions not inconsistent with the provisions of such Act as appear to it to be necessary for the purpose of removing the difficulty and any such order may provide for the transfer of any matter pending before any court, tribunal or other authority immediately before the commencement of such Act in Pondicherry to any corresponding court, tribunal or authority for disposal : Provided that no such order shall be made under this section in respect of any Act after the expiration of two years from the date on which such Act comes into force in Pondicherry and in respect of an Act, the provisions of which are brought into force in Pondicherry on different dates, the period of two years shall be reckoned with reference to the commencement of the relevant provision as specified in the proviso to sub-section (2) of section 3-

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