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TAMIL NADU (ADDED TERRITORIES) EXTENSION OF LAWS (NO.2) ACT (XXXIX OF 1961)
TAMIL NADU (ADDED TERRITORIES) EXTENSION OF LAWS (NO.2) ACT (XXXIX OF 1961).
CONTENTS
1. Short title.
2. Definition.
3. Extension of certain Enactments.
4. Amendment of certain enactments.
5. Construction of reference to laws not in force in the added territories.
6. Construction of reference to authorities where new authorities have been constituted.
7. Repeal of corresponding laws.
8. Savings.
9. Powers of Courts and other authorities for purpose of facilitating application of laws.
10. Extension of section 3, Tamil Nadu Act XVI of 1955.
11. Powers of State Government to Extended enactments to the added territories by notification.
12. Repeal of Certain enactments.
13. Declaration respecting certain enactment.
14. Power to remove difficulties.
An Act to extend certain laws to the added territories in the State of Madras.
WHEREAS it is expendient to provide that certain laws should be extended to and by virtue of such extension should be in force in, the added territories in the State of Madras.
BE it enacted in the Twelfth years of the Republic of India as follows:--
1. Short title – This Act may be called MADRAS (ADDED TERRITORIES EXTENSION OF LAWS (No.2) ACT, 1961.
2. Definition – In this Act, unless the context otherwise requires. –
(a) “added territories” means the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act LVI of 1959).
(b) “existing law” means any laws, Ordinate, regulation, order, by-law, or rule passed or made before the date of the commencement of this Act by parliament, regulation, order, by-law or rule.
3. Extension of certain enactments – So much of the enactments specified in the First Schedule as in force on the date of the commencement of this Act in the State of Madras except in the added territories 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 added territories.
4. Amendment of certain enactments – The enactments specified in the Second Schedule in so far as they apply to, and are in force in, the added territories, are hereby amended to the extent and in the manner mentioned in the fourth column thereof.
5. Construction of reference to laws not in force in the added territories – Any reference in any enactment specified in the First Scheduled to a law which is not in force in the added territories shall, in relation to those territories, be constructed as a reference to the corresponding law, if any, in force in those territories.
(2) Any reference in any existing law, which continues to be in force in the added territories after the date of commencement of this Act, to any law repeated by section 7 shall in relation to those territories, be constructed as a reference to the enactment specified in the First Scheduled corresponding to the law so repealed.
6. Construction of reference to authorities where new authorities have been constituted – 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 added territories shall, where a corresponding new authority has been constituted by or under any enactment now extended to the added territories, have effect as if it were a reference to that new authority.
7. Repeal of corresponding laws – If, immediately before the date of the commencement of this Act, there is in force in the added territories any Act, Ordinance, regulation, order by-law, rule or other law corresponding to an enactment specified in the First Schedule, whether such Act, Ordinance, regulation, order, by-law, rule or other law is in force by virtue of section 45 of the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act LVI of 1959) 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 – (1) The repeal by section 7 of any corresponding existing law, shall not affect –
(a) the previous operations 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, obligation or punishment incurred in respect of any offence committed against any such law, or
(d) any investigation, legal proceeding or 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 has 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 of direction issued, rule, regulation, form, by-law or scheme farmed, 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 I n, the added territories and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said enactment.
9. Powers of Courts and other authorities for purpose of facilitating application of laws –
For the purpose of facilitating t he application in the added territories of any enactment specified in the First 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.
10. Extension of section 3, Madras Act XVI of 1955 – Section 3 of the Madras City Police and gaming (Amendment) Act, 1955 (Madras Act XVI of 1955) is hereby extended to, and shall be in force in, the added territories.
11. Powers of State Government to extend enactments to the added territories by notification – (1) The State Government may, by notification, extend to the added territories 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 Madras 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) Where any enactment is extended to the added territories by a notification under sub-section (1), the enactment so extended shall be deemed to have been included in the First Schedule and section 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 laws, if any, repealed under sub-section (2) of this section read with section 7 shall revive and come into force in the added territories with effect on and from the date on which the Legislature so directs.
12. Repeal of certain enactments – The enactments specified in the Third Schedule section 13 of the Madras Coffee Stealing Prevention Act, 1878 (Madras Act VIII of 1878), section 3-A of the Madras General Clauses Act, 1891 (Madras Act I of 1891) and section 2 of the Madras Limited Properties Act, 1911 (Madras Act IV of 1911), in so far as they apply, to and are in force in, the added territories are hereby repealed.
13. Declaration respecting certain enactment – The enactments specified in the Fourth Schedule are hereby formally declared to be no part of the laws in force in the added territories.
14. Power to remove difficulties – (1) If any difficulty arises in giving effect to the provisions of this Act or of any enactment extended to the added, territories by or under this Act, the Sate Government, as occasion may require, may, 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.
THE FIRST SCHEDULE
(See Section 3)
Year Number Short title
(1) (2) (3)
1920 IV The Madras Children Act, 1920.
1923 V The Madras State Aid to Industries Act, 1922,
1935 XX The Madras Betting Tax Act, 1935
1939 III The Madras Public Health Act, 1939
1955 XIV The Madras Court-fees and suits Valuation Act,
1955.
1956 XXXI The Code of criminal Procedure (Madras
Amendment) Act, 1956.
1956 XLII Madras Requisitioning and Acquisition of Immovable Property Act, 1956
1957 XIV The Prevention of Insults to National Honour Act, 1957.
1957 XXVI The Madras Money-lenders Act, 1957.
1958 XIII The Madras Catering Establishment Act, 1958.
1958 XV The Madras Bhoodan Yagna Act, 1958.
1958 XX The Madras Weights and Measures (Enforcement)
Act, 1958.
1958 XXXII The Madras Beedi Industries Premises
(Regulation of Conditions of Work) Act, 1958.
1959 XXXIII The Madras Industrial Establishment (National
and Festival Holidays) Act, 1958.
1959 XXIII The Madras Agricultural Produce Markets Act, 1959.
THE SECOND SCHEDULE
Year Number Short title Amendments.
(1) (2) (3) (4)
1891 1 The Madras General (1) in section 3 (i) after clause
Clauses Act 1891. (19), the following clauses shall
be inserted namely:-
‘(19)-a) “notification” shall mean a
Notification published in the Official
Gazette’.
(ii) after clause (23), the following
Clause shall be inserted, namely:-
‘(24) “Prescribed” shall mean
Prescribed by rules regulations or
By-laws made under the Act, in
Which the word occurs
(2) In section 10 and 15, for the words “to issue orders,” the words “to issue notification or orders”, and for the words “bye-laws or orders”, the words “by-laws, notification or orders” shall be substituted.
(3) In section 12, for the words “all
Madras Acts, Andhra Acts and
Andhra Pradesh Act made” the
Words “all Madras Acts, Andhra Acts and Andhra Pradesh Acts
Shall be substituted.
(4) In section 23, clause (a) shall
be omitted.
1898 V The Malabar Wills In section I, sub-section (3), the
Act, 1898. Proviso shall be omitted.
1902 I The Madras Court of In clause (f) of section 33, for the
Wards Act, 1902 words, figure and letters “any part
of India which, immediately before
the Ist day of November, 1956,
was, comprised in a Part A State or
a part C State”, the word “India”
shall be substituted.
1919 III The Madras Agricultural (I) In section 2, in the definition of
Pests and Diseases Act, the expression “occupier”, the
1919. Words “railway or other” shall be
Omitted.
(2) In sub-section (2) of section 9,
For the words, figures, brackets
and letters “sub-section (1) (a)”,
sub-section (1)(c)”, the Words,
brackets figures and letters
“sub-section (1)(a)”, “sub-section
(1)(b)”, and “sub-section (1)(c)”
Shall; respectively be substituted.
1920 VII The Madras Town (1) In section 38, sub-section (1),
Planning Act, 1920. for the words, “on this behalf”, the
words “in this behalf be shall be substituted.
(2) In section 39- (i) in sub-section
for the words area in figures “union
or other local area in which the
Madras Local Boards Act, 1920, is
in force” the words and figures
“panchayat or non-panchayat area
In which the Madras village
Panchayats Act, 1950, or the
Madras District Boards Act, 1920,
Is in force” shall be substituted
(ii) in sub-section (3), for the
Words “union or other local area”,
the words “panchayat or non-
panchayat area” shall be
substituted.
(3) In section 40-
(i) for the words and figures “union
or other local area in which the
Madras Local Boards Act, 1920, is
in force” the words and figures
“panchayat or non-panchayat area
in which the Madras Village
Panchayat Act, 1950 or the
Madras District Boards Act, 1920,
is in force”, shall be substituted.
(ii) for the words “authorities of
the union or local board”, the
words “authorities of the
panchayat or district board”
shall substituted.
(4) In section 48, sub-section
(1), clause (c) after the words
“Code of Criminal Procedure”, the
figures “1898” shall be inserted.
1920 VII The Madras Elementary In clause (c) of section 44, the
Education Act, 1920 word “or” shall be added at the end
1940 XX The Indian Medical In section 6-A of the India Medical
Degrees (madras Degrees Act, 1916, inserted by Amendment) Act, 1940. section 3, in sub-section (1), Clause(b), sub Clause (i), for the words figures
and letters “any part of India which
immediately before the Ist day of
November 1956, was comprised in
a Part A State of Part C State” the
words “India or in any part thereof”
shall be substituted.
1948 XIV The Madras Aided In section 2, clause (2), sub-
Institutions (prohibition clause (c) for the words “class
Of Transfer of Property) Act, 1948.
of institutions” the words “clause of institutions” shall be substituted.
1949 XVIII The Muslim Personal Law (1) In section 2, after the brackets
(Shariat) Application and words” (Shariat)” the word
(Madras Amendment) “Application” shall be inserted.
Act, 1949. (2) In section 3---
(i) the following marginal note shall
be inserted namely ---
“Substitution of new section for
Section 2 central Act XXVI of 1937”
(ii) before the word “notwithStanding” the figure “2”
Shall be inserted.
THE THIRD SCHEDULE
(See section 12)
Year Number Short title.
(1) (2) (3)
Madras Acts.
1920 XI The Madras General Clauses
(Amendment) Act, 1920.
1922 V The Madras Court-fees (Amendment)
Act, 1922.
1938 XXI The Madras Removal of Civil
Disabilities Act, 1938.
1943 XXVIII The Madras Elementary Education
(Amendment) Act, 1943.
1944 I The Madras Estates Land (Temporary)
Amendment Act, 1944.
1945 XVII The Court-Fees (Madras Amendment) Act, 1945.
1946 VIII The Madras Elementary Education
(Amendment) Act, 1946.
1949 XII The Industrial Disputes (Madras
Amendment) Act, 1949.
1957 XI The Andhra Pradesh Agricultural
Holdings (Census) Act, 1957.
1960 VIII The Andhra Pradesh Public Liabraries Act, 1960.
THE FOURTH SCHEDULE
(See Section 13)
Year Number Short title
(1) (2) (3)
1909 I The Nugur, Albaka and Cherla Laws and cesses
Regulation, 1909
1912 I The Laccadive Islands and Minicoy Regualation,
1912.
Central Acts of Local Application
1881 XVIII The Central Provinces Land Revenue Act, 1881.
1883 I The Central Provinces Local Self-Government
Act, 1883.
1898 XI The Central Provinces Tenancy Act, 1898.
Madras Regulations
1937 I The Madras Agency Rules (Amendment)
Regulation 1937.
1939 II The Madras Agency Rules (Amendment)
Regulation 1939.
1940 I The Madras (Partially Excluded Areas) Village
Courts Regulation, 1940.
1940 III The Madras Agency Debt Bondage Abolition
Regulation 1940.
1940 IV The Madras Agency Rules (Amendment)
Regulation 1940.
1940 V The Madras (Partially Excluded Areas) Court of
Wards Regulation, 1940
1940 VI The Madras (Partially Excluded Areas) Guardians
and Wards Regulation 1940.
1940 VII The Madras Agency Rules (Second Amendment)
Regulation, 1940.
1942 III The Amindivi island Court-fees Regulation 1942.
1942 IV The Madras Agency Rules (Amendment)
Regulation, 1942.
1942 V The West Godavari (Ganjam and Vizagapatnam
Act Extension) Regulation, 1942.
1943 I The Madras (Partially Excluded Areas) (Estates
Land Repealing) Regulation 1943.
1943 II The Golgonda and Polavaram Taluks (Local
Taxation and Fees) Regulation, 1943
1944 I The Madras Agriculturists Relief (Partially
Excluded Areas Amendment ) Regulation
1945 I The Madras (Partially Excluded Areas)
Compulsory Vaccination Regulation, 1945.
1946 I The Madras Agency Rules (Amendment)
Regulation 1946.
1946 II The Madras Agency Rules (Second Amendment)
Regulation 1946.
1947 I The Madras Agency Rules (second Amendment)
Regulation. 1946.
1947 II The Madras Agency Rules (Second Amendment
Regulation 1947.
1948 I The Madras Agency Rules (Amendment)
Regulation, 1948
1949 II The Madras Agency Rules (Amendment)
Regulation, 1949
1951 I The Madras Scheduled Areas (Validation of
Succession Certificates, Regulation, 1951.
1951 II The Madras Agency Rules (Amendment)
Regulation 1950.
1951 III The Scheduled Areas Estates Land (Reduction
of Rent Amendment) Regulation 1951.
1951 IV The Madras Schduled Areas Estates (Abolition
and Con version into Ryotwari) Regulation 1951.
Madras Acts.
1917 I The Agency Tracts Interests and Land Transfer
Act, 1917.
1920 XII The Mulgeni Rent Enhancement, Act 1920.
1926 VII The Kirlampudi B and C Estates, Dontamuru and
Rayavaram Impartible Estates Act, 1926.
1928 V The Jaggameta A and D Estates Impartibe
Estates Act, 1928.
1929 VIII The Mizapuram and Pedagonnur Impartible
Estates Act, 1929.
1929 IX The Ellamarru and Penjendra Impartible Estates
Act, 1929.
1933 I The Kapileswarapuram Impartible Estates Act,
1932.
1933 II The Anakapalle and Other Impartible Estates Act
1932.
1947 VII The Malabar Irrigation Works (Construction and
Levy of Cess) Act, 1947.
1947 XIII The Tungabhadra Project (Prevention of
Speculation in Land) Act, 1947.
1949 XIV The West Godavari District (Assimilation of Laws
on Provincial and Concurrent Subjects) Act,
1949.
1953 XV The Tuticorin Port Trust (Application to
Mangalore) Act, 1953.
