The Tamil Nadu (Added Territories) Extension of Laws Act (Xiv of 1962) Complete Act - Bare Act

Contents

1.

Short title and commencement.

2.

Definitions.

3.

Extension of certain enactments.

4.

Amendment of certain enactments.

5.

Construction of references to laws not in force in the added territories.

6.

Construction of references 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 Tamil Nadu Act XXIX of 1949.

11.

Extension of Tamil Nadu XXII of 1959.

12.

Repeal of certain enactments.

13.

Power to remove difficulties.

An act to extend certain laws to the added territories in the State of Madras.

BE it enacted by the Legislature of the State if Madras in the Thirteenth Year of the Republic of India as follows:

1. Short title and commencement.- (1) This Act may be called THE TAMIL NADU (ADDED TERRITORIES EXTENSION OF LAWS ACT, 1962.

(2) Section 10 shall be deemed to have come into force on the 26^th day of January, 1961; and the rest of this Act shall come into force on such date as the State Government may, by notification, appoint.

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 law, ordinance, 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, 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. Amendement 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 references to laws not in force in the added territories.- (1) Any reference in any enactment specified in the First Schedule 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 continue to be in force in the added territories after the date of the commencement of this Act to any law repealed by section 7 shall, in relation to those territories, be constructed as a reference to the enactment specified in the First Schedule corresponding to the law so repealed.

6. Construction of references 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 effects as if it is were a reference to that new authority.

7. Repeal of corresponding laws.- The Andhra Irrigation Works (Levy of Compulsory Water-Cess) Act, 1955 (Andhra Act XXIV of 1955), the Andhra Irrigation (Levy of Betterment Contribution) Act, 1955 (Andhra Act XXV of 1955) and the Andhra Silkworm Seed (Control) Act, 1956 (Andhra Act XV of 1956), and any Act, Ordinance regulation, order, by-law, rule or other law corresponding to an enactment specified in the First Schedule in force in the added territories immediately before the date of the commencement of this Act 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 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 operation 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

(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.

(2) Subject to the provisions of subsection (1), anything done or any taken including any appointment or delegation made, notification, order, instrument 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 corresponding provision of the enactment as now extended to, and in force in, 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. Power of Courts and other authorities for purpose of facilitating application of laws.- For the purpose of facilitating the 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 Madras Act. XXIX of 1949.- (1) The Madras Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949 (Madras Act XXIX of 1949) (hereinafter in the section referred to as the Madras Act,) is hereby extended to, and shall be in force in, the territories; and sections 5 to 9 that shall apply in relation to that Act as if it had been included in the First Schedule.

(2) Anything done or any action taken including any rule or order made, notification issued, decision, award or direction given, proceeding taken, liability or penalty incurred and punishment awarded under the provisions of the Andhra Essential Articles Control and Requisitioning (Temporary Powers) Act, 1956 (Andhra Act V of 1956) (hereinafter in this section referred to as the Andhra Act),--

(a) as in force immediately before its expiry; or

(b) on or after the 26^th day of January, 1961, and before the date of publication of this Act in the Fort St.George Gazette, on the footing that the Andhra Act was in force at the relevant time,

Shall be deemed to have been done or taken under the corresponding provision of the Madras Act:

Provided that nothing contained in this section shall render any person liable to any punishment whatsoever by reason of anything done or omitted to be done by him on or after the 26^th day of January, 1961, and before the date of publication of this Act in the Fort St.George Gazette.

11. Extension of Madras Act. XXII of 1959.- (1) The Madras Hindu Religious and Charitable Endowments Act, 1959 (Madras Act XXII of 1959), as amended by subsection (2) is hereby extended to, and shall be in force in, the added territories; and sections 5 to 9 shall apply in relation to that Act as if it had been included in the First Schedule.

(2) The Act aforesaid shall be amended as follows, that is to say,-

(i) to sub-section (4) of section 1, the following proviso shall be added, namely:-

"Provided that in relation to the added territories all the provision of this Act shall come into such into force on such date as the Government may, by notification, appoint; and different dates may be appointed for different areas and for different provisions of this Act".

(ii) in section 6,-

(a) clause (1) shall be renumbered as clause (1-a), and before the clause as so renumbered, the following clause shall be inserted, namely:-

˜(I) "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) after clause (7), the following clause shall be inserted namely:-

˜(7-a) "date of commencement of the Act" and "date of the commencement of this Act", in relation to the added territories mean the date of the commencement of the provision in which the expression occurs; and

(iii) to section 120, the following proviso shall be added, namely:-

"Provided that nothing contained in this section shall apply to the added territories."

12. Repeal of certain enactments.- The enactments specified in the Third Schedule, in so far as they apply to and are in force in, the added territories are hereby repealed to the extent mentioned in the fourth column thereof.

13. 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 state 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 booth 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

(1)

Number

(2)

Short title

(3)

CENTRAL ACT

1873

III

The Madras Civil Courts Act, 1873.

TAMIL NADU ACTS

1922

III

The Madras City Tenants Protection Act, 1921.

1926

V

The Madras Borstal Schools Act, 1925.

1934

X

The Madras Co-operative Land Marriage Act, 1934.

1935

VI

The Madras Maternity Benefit Act, 1934.

1954

II

The Madras Contingency Fund Act, 1954.

1954

XXIX

The Madras Electricity Supply Undertaking (Acquisition) Act, 1954.

1954

XXXIII

The Madras Dramatic Performance Act, 1954.

1955

III

The Madras Irrigation (Levy of Betterment Contribution) Act, 1955.

1955

IX

The Madras Cinemas (Regulations) Act, 1955.

1956

XXIII

The Madras Silkwarm Seed (Production, Supply and Distribution) Act, 1956.

1956

XXXIX

The Madras Official Language Act, 1956.

1956

XLI

The Madras District Collectors Powers (Delegation) Act 1956.

1959

II

The Madras Open Places (Prevention of Disfigurement), Act, 1959.

THE SECOND SCHEDULE

(See section 4.)

Year

(1)

Number

(2)

Short title

(3)

Amendments

(4)

CENTRAL ACTS

1858

I

The Madras Compulsary Labour Act, 1858.

For Section 6 of the following Section shall be-substituted, Namely:-

"6. Liability of persons refusing to Contribute labour to the Maintenance of irrigation and Draining works.- (1) Every person owning lands served by any Irrigation or drainage work or any Work connected there with shall Whenever required by public Notice by the head of the Village under the orders of the Tahsilder or other superior Revenue officer, contribute labour for Repairing or properly maintaining Such irrigation or drainage work or for repairing or properly maintaining any work connected with such irrigation or drainage work.

(2) Every public notice given under Subsection (I) shall be in writing over the signature of the head of the village, shall contain the names of the persons bound to contribute the labour together with such other particulars as may be necessary to identify them, and the period or periods during which the labour should be contributed, and shall be widely made known in the village by affixing copies thereof in conspicuous public places within the village, or by publishing the same by beat of drum and by any other means that the head of the village may think fit. Every such notice shall also be published by affixture in the notice board of the offices of Tahsildar or their Revenue officer under whose orders the notice was given.

(3) Any person required to contribute labour in pursuance of a notice given under sub-section (1) may, in lieu of such labour, pay such sum and within such time as may be specified in that behalf by a general or special order of the Tashildar or other Revenue Officer referred to in sub-section(1). The amount so payable shall, in case of dispute, be determined summarily by the Collector.

(4) If any person who is bound to contribute labour in pursurance of a notice given under sub-section (1) neglects or refuses to contribute Labour during the period specified in that notice or fails to pay the value of the labour under sub-section (3), it shall be lawful for the Head of the Village under the orders of the Tashildar or other Revenue Officers referred to in sub-section (1) to proceed at once to execute the work by employing some other person and all the expenses incurred in respect thereof together with a sum equal to the value of the labour not contributed shall be borne by the persons so neglecting or refusing to contribute or failing to pay.

(5) Where there are a number of persons liable to pay under the preceding sub-section, the Tahsildar or other Revenue officer under whose orders the notice was given under sub-section (1) shall, after such enquiry as he may deem necessary, apportion such expenses among the persons who are, as aforesaid, liable to bear the same and also determine the value of the labour not contributed. Such liability shall, as far as practicable, be apportioned among such persons in proportion to the extent of the lands actually served by the irrigation or drainage work or other work in connection with which the contribution of labour was required.

(6) All sums due under this section shall be payable on demand; and, on non-payment, the same may be recovered by the same means by which arrears of land revenue are recoverable."

1859

XXIV

The Madras District Police Act, 1859.

In sub-section (1) of section 54-A the words "and the rules, orders and bye-laws made there under" shall be omitted.

1861

V

The Police Act, 1861.

1. In Section I relating to the interpretation clause after the definition of the word ˜cattle' the following definition shall be inserted, namely:-

"the words ˜public place' shall means place (including a road, street or way, whether a throughfare or not, and a landing place) to which the public are granted access or have a right to resort, or over which they have a right to pass."

2. In section 30-

(i) in sub-section (1), for the words "on the public roads, or in the public streets or throughfares", the words "in public places" shall be substituted.

(ii) in sub-section (2), for the words "in any such road, street or throughfare" the words "in any such public place" shall be substituted:

(iii) in sub-section (4), for the words "in the streets", the words "in public places" shall be substituted.

3. In section 31, forwards "on the public roads and in the public streets, throughfares, ghats and landing-places, and at all other places of public resort", the words "in public places", for the words "on the public roads, and in the public streets, the words "in public places", and for the words "road, street, throughfare, ghat of landing place", the words "public place" shall be substituted.

4. In section 34, for the words "on any road or in any open place or street or throughfare "the words "in any public place" shall be substituted.

1867.

XXV

The press and Registration of Books Act, 1867.

After sub-section (2) of section 4, the following sub-section shall be added, namely:-

"(3) (a) where any press in respect of which declaration has been made under this section "

(i) does not commence the printing of books or papers, within a period of three months of such declaration, such declaration shall be void; or

(ii) having commenced such printing with in the period mentioned in sub-clause (i), that ceased the printing of books or papers for a period exceeding three months, such declaration shall cease to have effect.

(b) No press in respect of which a declaration made under this section has, under clause (a) became void or ceased to have effect, shall commence, or as the case may be, recommence, the printing of books or papers, without a new declaration having been made."

1894

I

The Land Acquisition Act, 1894.

1. For clause (b) of the proviso to subsection (2) of section 18, the following clause shall be substituted, namely--

"(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire."

2. In the proviso to sub-section (3) of section 45, for the words "and the notice shall be deemed to be served on such person on the date on which the notice sent by registered post will, in the usual course of post, be received by the addressee", the words "and service of it may be proved by the production of the addressee's receipt" shall be substituted.

1936

Iv

The payment of Wages Act, 1936.

1. In clause (ii) of section 2--

(i) in item (a), after the words "omnibus service", the words "or motor or other transport undertaking" shall be added;

(ii) after item (g), the following item shall be added, namely:-

"(h) establishment or undertaking which the State Government may by notification in the Official Gazette, declare to be an industrial establishment for the purpose of this Act".

2. After section 11, the following section shall be inserted, namely:-

"11-A Deductions in respect of house accommodation- The employer shall make the deductions authorized under Clause (d) of sub-section (2) of section 7 from the wages of the employed person and remit the amount so deducted in such manner as the State Government may, by general or special order, specify".

TAMIL NADU ACTS.

1889

I

The Madras Village Courts Act, 1888

1. In sub-section (3-A) of section 9, for the words "Depressed or Backward classes" the words "member of the Scheduled Castes" or scheduled Tribes or Backward Classes shall be substituted.

2. In section 68, for the words "If a plaintiff or a defendant dies" the words "If plaintiff or a defendant dies" shall be substituted.

3. In section 71,---

(i) for the words, "If a decree-holder die" the words "if a decree-holder dies" shall be substituted"

(ii) for the words "in the room of the decreased" the words "in the place of the deceased" shall be substituted.

4. In section 72, for the words "If a Judgment-debtor die" the words "If a judgment-debtor dies" shall be substituted.

5. In clause (d) of sub-section (I) of section 76, before the words and figures "Towns Nuisances Act, 1889", the word "Madras" shall be inserted.

6. In the marginal note to section 77, for the word "section", the word "sections" shall be substituted.

1890

II

The Madras Canals and Public Ferries Act, 1890

In sub-section (4) of section 10, for the last sentences, the following shall be substituted, namely:-

"The net revenues derived from the management of the ferry shall be distributed between the authorities (including the State Government) maintaining approach roads at either end of the ferry, in such proportions and subject to such conditions as the State Government may, from time to time, by notification, direct"

1923.

VIII

The Madras Survey and Boundaries Act, 1923.

1. In section 3, after clause (ix), the following clause shall be added, namely:-

"(x) ˜Village headman' and ˜Village accountant in relation to the Kanyakumari district and the Shencottach taluk of the Tirunelveli district respectively include ˜village officer' and ˜village assistant'.

2. In sub-section (3) of section 15, for the word, brackets and figure "sub-clause (2)", the words, brackets and figure "sub-section (2)" shall be substituted.

1938

IV

The Madras Agriculturists Relief Act, 1937.

In clause (ii) of section 3, --- (i) in proviso (a), the words, "or foreign Government" shall be omitted;

(ii) in provisos (b) and (c), for the words "any other State in India" the words "any other State or Union territory in India" shall be substituted.

1943

XVIII

The Madras Irrigation Works (Repairs, Improvement and Construction) Act, 1943.

In Clause (a) of sub-section (3), of section 3,-- (i) the words "clause", the word "clause" shall be substituted.

1947

XXXI

The Madras Devadasis (Prevention of Dedication) Act, 1947.

In sub-section (3), of section 3,-- (i) the words "or in any marriage procession or other procession taken out in public streets" shall be omitted;

(ii) the Explanation shall be omitted.

1950

XXXII

The Madras Animals and Birds Sacrifies Prohibition Act, 1950.

For Clause (c) of section 2, the following clause shall be substituted, namely"

"(C) ˜temple' means, in any area in the State elsewhere than in the Kanyakumari district and the Shencottah taluk of the Tirunelveli district, a temple as defined in section 6, clause (17) of the Madras Hindu Religious and charitable Endowments Act, 1951 (Madras Act XIV of 1951), and in any area in the Kanyakumari district and the Shencottah taulk of the Tirunelveli district, a temple as defined in section 2, clause (I) of the Travancore-Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore, Cochin Act XXVII of 1950)'.

THE THRID SCHEDULE

(See section 12.)

Year

(1)

Number

(2)

Short title

(3)

Extent of repeat

(4)

1881

I

The Madras Ports Police Act, 1881.

The whole.

1943

XXIII

The Madras Pawn Brokers Act, 1943.

Sub-section (I) of section 23.

1944

III

The Madras City Municipal and District Municipalities (Amendement) Act, 1944

The whole.

1945

II

The Madras Estates land (Amendment) Act, 1945.

The whole.

1949

V

The Madras Agriculturists Relief (Amendment) Act, 1949.

Section 2.

ANDHRA ACT

1956

XXXII

The Nagarajunasagar Project (Acquisition of Land) Act, 1956.

The Whole.

ANDHRA PRADESH ACT

1958

XIII

The Andhra Pradesh Urban Areas (Surcharge on Property Tax) Act, 1958.

The whole.