Court : Supreme Court of India
Reported in : AIR2005SC1038; 2005(5)ALLMR(SC)803; (2005)3CALLT71(SC); 2005(2)CTC708; 2005(2)ESC173; [2004(102)FLR642]; JT2005(2)SC137; (2005)3MLJ1(SC); (2005)3SCC1; 2005(2)SLJ347(SC); 20
..... (iii) in relation to the administration of a union territory, the administrator thereof acting within the scope of the authority given to him under article 239 of the constitution.section 3 of the pondicherry (administration) act, 1962 :3. ..... therefore, right from the inception, this policy is being consistently followed by the pondicherry administration whereunder migrant sc/st candidates are held to be eligible for reserved posts in pondicherry administration. 17. ..... these documents show that government of pondicherry has throughout been proceeding on the basis that being a union territory, all orders regarding reservation for sc/st in respect of posts/services under the central government are applicable to posts/services under the pondicherry administration as well. ..... it has therefore been clarified that since pondicherry is a union territory, all orders regarding reservation for scheduled caste/scheduled tribe issued by the department of personnel in respect of posts/services under the central government are applicable to posts/services under the pondicherry administration also. ..... of pondicherry would also be eligible for posts reserved for sc/st candidates in pondicherry administration. ..... , in relation to which particular castes or tribes have been recognized as scs/sts are eligible for reserved posts/services under the central government, they are also eligible for reserved posts/services under the pondicherry administration. .....
Tag this Judgment!Court : Chennai
Reported in : [1974]97ITR193(Mad)
..... the tribunal answered this question in the negative holding that the indian laws did not become applicable to pondicherry automatically from the date it became part of india but that the indian laws became applicable only from the date on which they were extended to pondicherry either under section 8 of the pondicherry administration act, 1962 (act 49 of 1962), or under article 240 of the constitution of india. ..... the pondicherry administration act, 1962 (act 49 of 1962), came into force on august 16, 1962. ..... the provisions of the pondicherry administration act, 1962, provided for the continuance of the laws in force in pondicherry until amended or repealed by a competent legislature. ..... following the de facto transfer the government of india was administering the territory under the foreign jurisdiction act, 1947, and in accordance with the french establishments (administration) order, 1954, and other orders made under sections 3 and 4 of that act, in exercise of these powers and with a view to bring the administration of pondicherry so as to conform to the pattern of administration obtaining in india, a large body of acts in force in india were extended to pondicherry by the government. ..... after the de jure transfer, the first schedule to the constitution was amended by the constitution (fourteenth amendment) act, 1962, including pondicherry as part of the territory of india with effect from august 16, 1962.4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(8)SC339; (2009)7SCC561; 2009(8)LC3627(SC)
..... an attempt was made to demonstrate that in terms of section 5 of the pondicherry (administration) act, 1962 all properties and assets in the state of pondicherry vest with the union and, therefore, the government of pondicherry has no right to deal with the same in any manner.24. ..... further, it is to be noticed that the entire pondicherry administration act, 1962 was a transitional act for transfer of power from the french republic to the republic of india, which is evident from the statement of objects and reasons to the said act. ..... however, as noticed earlier, the joint secretary, ministry of surface transport, government of india by letter dated march 22, 1996 informed the chief secretary, pondicherry administration about the need to extend the existing capacity of the pondicherry port to meet the growth requirement of traffic handled by various ports and to invite capital participation by private sector and from non-maritime land-locked states. ..... moreover, the primary reason for enacting section 3 of the pondicherry administration regulation act, 1963 was to extend all the laws enacted by the union of india under the union list to the pondicherry. ..... therefore, the pondicherry administration regulation act, 1963 will have to be regarded as a transitional legislation. ..... one such law was pondicherry administration regulations act, 1963. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)504; JT1996(4)SC45; 1996(3)SCALE306; (1996)3SCC741; [1996]Supp1SCR1
..... the union territory of pondicherry, the municipal decree shall have, and shall be deemed to have had on and from the 16th day of august ..... there was, it was submitted, total abdication and effacement by the pondicherry legislature of its essential legislative functions and from the terms of section 3, no guidelines or policy was discernible;(ii) sections 3 & 4 of the validation act were repugnant to section 7 of the pondicherry (administration) act, 1962 and section 21 of government of union territories act, 1963;(iii) the pondicherry legislature had no plenary powers and hence, could not legislate with retrospective effect or make laws contrary to the law ..... legislature of the union territory of pondicherry has power to levy may, subject to any general or special order which the government may make in this behalf, also be levied, assessed and collected for the purposes of the municipal decree in accordance with the provisions contained in or made under the municipal decree and notwithstanding the provisions of section 7 of the pondicherry (administration) act, 1962 (central act 49 of 1962), or of any provision of any act passed by the legislature of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad298
..... 4(2) of the pondicherry (administration) act 49 of 1962; it is this decorate which originally provided for the classification of courts in french colonial territories including pondicherry' and the qualifications of the judiciary. ..... 4(2) of the pondicherry (administration) act 1962 dated 12-10-1963 and the second termed the pondicherry judicial officers (qualifications) rules 1963, promulgated by the president of india on 5-10-1963, and that the appointments were based upon the modifications ensuing from those orders. ..... (9) before proceeding to the process verbal we may briefly note two provisions of the pondicherry (administration) act xlix of 1962, which are vital to the present context. ..... petitioner has a right to complain, and to seek these reliefs at our hands, if he can show that the orders of appointment infringed a guarantee, which is part of the treaty of cession, and which is so implemented by the poidicherry (administration) act xlix of 1962, that the guarantee is justiciable in the municipal courts of india; again, that he has a right to relief if he can show that the order of the president introducing changes in qualifications for judicial officers of the pondicherry, under the provision to art. ..... pondicherry was administered by the government of india under (a) the foreign jurisdiction act xlvii of 1947 and (ii) and french establishment administration order, 1954. .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ348
..... the pondicherry (administration) act, 1962 (act 49 of 1962) dated 05.12.1962, to provide for the administration of pondicherry and for matters connected therewith, definition section 2 (b) refers to ''appointed day' meaning the 16th day of august, 1962, being the date of entry into force of the treaty ..... further more, section 4(2) of the pondicherry (administration) act, 1962 speaks thus 'for the purpose of facilitating the application of any such law in relation to the administration of pondicherry and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution, the central government may, within three years from the appointed day, by ..... section 4(1) of the pondicherry (administration) act, 1962 relates to continuance of existing laws and their adaptation which states that 'all laws in force immediately before the appointed day in the former french establishments or any part thereof shall continue to be in force in pondicherry until amended or repealed by a competent or other ..... that the plaintiff has no remedy open to her under the indian law by way of enforcing the mortgage in an action of this kind is to disregard the nature and amplitude of the saving provisions of the pondicherry (extension of laws) act, 1968, i have little hesitation in rejecting this contention of the appellant and in holding that even though the plaintiff might have had the alternative relief of enforcing the mortgage as if were a decree without resorting .....
Tag this Judgment!Court : Chennai
Reported in : (2009)5MLJ622
..... after the advent of pondicherry administration act, 1962, the laws made by the indian parliament were extended to the pondicherry by the central government through legislative process, viz. ..... case of petitioner is that by combined reading of section 3 and 5 of pondicherry [extension of laws] act, 1968 (for short extension act) would make it clear that indian stamp act was extended to pondicherry with all rules, notifications, orders regulations and byelaws made or issued by the central government under the provisions of the act and therefore the above notification is squarely applicable to the petitioner transaction.9. ..... t.murugesan, submitted that the enactments passed by the indian parliament were extended to pondicherry territory, the stamp act was also extended only in its bare form and there is no extension of any notification or circular of 1937. ..... government resisted writ petition by filing counter affidavit stating that the claim of the petitioner that the notification dated 25.12.1937 was extended to pondicherry is incorrect and that the indian stamp act, 1899 was extended in its bare form and there was no extension of any notification or circular as claimed to have been issued in 1937 and that the notification made in british india in 1937 cannot be claimed to be applicable to pondicherry which was under french rule up to 1954. .....
Tag this Judgment!Court : Chennai
Reported in : (2008)5MLJ226
..... 1962 by the pondicherry administration act, 1962 ..... also submitted that the stand of the government of puducherry basing upon the agreement with the republic of france r/w section 4(2) of the puducherry administration act 1962 has no relevance and such specious plea cannot stand in the light of the overriding effect of the constitution of india provided under article 13 ..... with the republic of france and the subsequent puducherry administration act have no relevance to the case on hand.19. ..... therefore, applicant's father is only a part-time worker and is not ordinarily residing in pondicherry is not accepted and the respondent's rejection on this ground is not sustainable in law.it is against this order, the petitioners have come forward to file the present writ petition and the ..... the posting and transfers could be suitably regulated in administrative interest by the competent authority if there is ..... in five writ petitions the central administrative tribunal (cat) had held that the notification making the production of the certificate as a condition precedent is unconstitutional and violative of articles 16(2) of the constitution and granted relief to the ..... the judgments relied on by him arose in the context of income-tax act, motor vehicles act, east punjab public safety act, municipal tax and agricultural income tax made by various state legislations wherein application of those enactments were made to a particular region or to a particular class of people or local variations were made .....
Tag this Judgment!Court : Chennai
Reported in : (1967)2MLJ85
..... union of india (respondents 1 and 2) that these appointments were made in the wake of two notifications, the first promulgated by the central government by virtue of the powers conferred on it under section 4(2) of the pondicherry (administration) act, 1962, dated 12th october, 1963 and the second termed the pondicherry judicial officers (qualifications) rules, 1963, promulgated by the president of india on 5th october, 1963, and that the appointments were based upon the modifications ensuing from those orders. ..... that the writ petitioner has a right to complain, and to seek these reliefs at our hands, if he can show that the orders of appointment infringed a guarantee, which is part of the treaty of cession, and which is so implemented by the pondicherry (administration) act (xlix of 1962), that the guarantee is justiciable in the municipal courts of india; again, that he has a right to relief, if he can show that the order of the president, introducing changes in qualifications for judicial officers ..... there is a decret, dated 22nd august, 1928, which is of considerable importance because several provisions of this decret were repealed by the notification of the central government, earlier referred to, under section 4(2) of the pondicherry (administration) act (xlix of 1962); it is this decret which originally provided for the classification of courts in french colonial territories including pondicherry, and the qualifications of the judiciary. .....
Tag this Judgment!Court : Chennai
Reported in : (1976)2MLJ297
..... make in this behalf, also be levied, assessed and collected for the purposes of the municipal decree in accordance with the provisions contained in or made under the municipal decree and notwithstanding the provisions of section 7 of the pondicherry (administration) act, 1962, or of any provision of any act passed by the legislature of the union territory of pondicherry, the municipal decree shall have, and shall be deemed to have had on and from the 16th day of august ..... decree (levy and validation of taxes, duties, cesses and fees) act, 1973 is levelled on three main grounds-(1) excessive delegation of legislative power;(2) the act is arbitrary and offends article 14, and inasmuch as it makes no procedural safeguards as to levy, assessment, collection, appeals, limitation and the like it violates article 19(1)(g); and(3) violation of section 7 of the pondicherry (administration) act, 1962.two other points taken for the petitioners are-(1) the pondicherry legislature being a subordinate legislature, it has no power to enact retrospective legislation .....
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