sagaracharya/bharatiya_kanoon: A repository which keeps a record of all Indian Laws (amended) txt, and offers a script to generate patch files to be submitted to MLAs/MPs of your locality.

THE PONDICHERRY (EXTENSION OF LAWS) ACT, 1968

ARRANGEMENT OF SECTIONS

SECTIONS

Short title.
Definitions.
Extension with amendments of certain laws to Pondicherry and their commencement therein.
Repeal and saving.
Extension of rules, orders, etc., under certain laws.
Rules of construction.
Power to remove difficulties.

THE SCHEDULE.

THE PONDICHERRY (EXTENSION OF LAWS) ACT, 1968

ACT NO. 26 OF 1968

[24th May, 1968.]

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:—

Short title.—This Act may be called the Pondicherry (Extension of Laws) Act, 1968.
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

article 239 of the Constitution;

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.

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of section 3 or any part thereof (except in so far as such law continues to be applicable to Renoncants) shall stand repealed as from the coming into force of such Act in Pondicherry.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

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 has 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 licene 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.

5. 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.

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 such 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.

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.

Modifications

THE SCHEDULE

[See section 3(1)]

PART I

Year No.

Short title

1839

32 The Interest Act, 1839.

1850

12 The Public Accountants‟ Default Act,

1850

18 The Judicial Officers Protection Act, 1850.

1850

21 The Caste Disabilities Removal Act, 1850.

1851

8 The Indian Tolls Act, 1851.

Year No.

1855

Short title

Modifications

The Legal Representatives‟ Suits
Act, 1855.

1855

The Indian Fatal Accidents Act, 1855.

1856

The Indian Bills of Lading Act, 1856.

1856

The Civil Courts Amins Act, 1856.

1859

The Forfeiture Act, 1859.

1863

1864

The Waste Lands (Claims) Act, 1863.

The Indian Tolls Act, 1864.

1865

The Carriers Act, 1865.

1866

The Converts‟ Marriage Dissolution
Act, 1866.

1872

The Indian Contract Act, 1872.

1872

The Indian Christian Marriage
Act, 1872.

After section 1, insert:—

“2. Nothing contained in this Act shall apply to saving the Renoncants of the Union territory of Pondicherry.”.

In section 1, at the end, insert:—

“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”.

1873

The Indian Oaths Act, 1873.

1875

The Indian Majority Act, 1875.

In section 1, at the end insert:—

“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”.

1880

The Religious Societies Act, 1880.

1880

1882

1887

The Kazis Act, 1880.

The Vaccination Act, 1880.

The Transfer of Property Act, 1882.

The Indian Easements Act, 1882.

The Powers-of-Attorney Act, 1882.

The Suits Valuation Act, 1887.

The Provincial Small Cause Courts Act,

1890

The Revenue Recovery Act, 1890.

Year No.

Short title

Modifications

1890

The Guardians and Wards Act, 1890.

In section 1, after sub-section (2), insert:—

“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”

In section 1, after sub-section (2), insert:—

“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”.

1891

The Bankers‟ Books Evidence Act, 1891.

1893

1894

1897

1899

1900

The Partition Act, 1893.

The Prisons Act, 1894.

The Epidemic Diseases Act, 1897.

The Government Buildings Act, 1899.

The Prisoners Act, 1900.

1908

The Indian Registration Act, 1908.

1914

The Local Authorities Loans Act, 1914.

1916

The Hindu Disposition of Property
Act, 1916.

1917

The Destruction of Records Act, 1917.

1918

1919

The Usurious Loans Act, 1918.

The Poisons Act, 1919.

1920

The Provincial Insolvency Act, 1920.

1920

The Indian Securities Act, 1920.

The indian Red Cross Society Act, 1920.

1920

The Identification of Prisoners Act, 1920.

1921

The Maintenance Orders Enforcement Act,

1922

The Emigration Act, 1922.

1922

The Police(incitement to Disaffection)Act,

1923

The Indian Boilers Act, 1923.

1928

The Hindu Inheritance (Removal of Disabilities) Act, 1928.

In section 1, in sub-section (3), add at the end:—

“or to the Renoncants of the Union

territory of Pondicherry.”.

Year No.

Short title

1929

The Child Marriage Restraint
Act, 1929.

Modifications

In section 1, after sub-section (2), insert:—

“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”.

1930

The Sale of Goods Act, 1930.

1930

The Hindu Gains of Learning Act, 1930.

1936

The Parsi Marriage and Divorce
Act, 1936.

In section 1, in sub-section (2), after the proviso, insert:—

“Provided further that nothing contained in the this Act shall apply Renoncants of the Union territory of Pondicherry.”.

In section 1, after sub-section (2), insert:

“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”.

In section 1, after sub-section (2), insert:—

“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”.

1937

The Muslim Personal Law (Shariat), Application Act, 1937.

1939

The Dissolution of Muslim Marriages Act, 1939.

1939

The Commercial Documents Evidence Act, 1939.

1940

The Arbitration Act, 1940.

1943

The Reciprocity Act, 1943.

1944

The Criminal Law Amendment Ordinance, 1944.

1945

...

The International Monetary Fund and Bank Act,1945.

1947

The United Nations(Security Council) Act, 1947.

1947

The United Nations (Privileges and Immunities) Act, 1947.

1948

The Diplomatic and Consular Officers (Oaths and Fees) Act, 1948.

1950

The Transfer of Prisoners Act, 1950.

Year No.

1950

Short title

Modifications

The Road Transport Corporations
Act, 1950.

1950

The Telegraph Wires (Unlawful Possession) Act, 1950.

1951

1952

1954

1955

The Tariff Commission Act, 1951.

The Companies (Donations to National Funds) Act, 1951.

The All-India Services Act, 1951.

The Mines Act, 1952.

The Notaries Act, 1952.

The Wakf Act, 1954.

The Prisoners (Attendance in Courts)
Act, 1955.

The Prize Competitions Act, 1955.

The Working Journalists (Conditions of Service) and Miscellaneous Provisions
Act, 1955.

1956

The University Grants Commission
Act, 1956.

1956

The Life Insurance Corporation Act, 1956.

1956

The Hindu Minority and Guardianship
Act, 1 956.

1956

The Securities Contracts (Regulation)
Act, 1956.

1956

The Hindu Adoptions and Maintenance Act, 1956.

In section 3, after sub-section (2), insert:—

“(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”.

In section 2, after sub-section (2), insert:—

“(2A) Notwithstanding anything contained in sub-section (1), nothing contained the in Renoncants of the Union territory of Pondicherry.”.

this Act shall apply

1956

The Young Persons (Harmful Publications) Act, 1956.

Year

No.

1956

Short title

Modifications

The Slum Areas (Improvement and Clearance) Act, 1956.

1956

104

The Suppression of Immoral Traffic in Women and Girls Act, 1956.

1958

The Probation of Offenders Act, 1958.

The Rice-Milling Industry (Regulation) Act, 1958.

The Working Journalists (Fixation of Rates of Wages) Act, 1958.

The International Finance Corporation (Status, Immunities and Privileges)
Act, 1958.

1960

The Geneva Conventions Act, 1960.

1960

The International Development Association (Status, Immunities and Privileges) Act, 1960.

1960

The Preference Shares (Regulation of Dividends) Act, 1960.

In section 1, after sub-section (2), insert:—

“(3) Notwithstanding anything contained in sub-section (2), the provisions of this Act shall, in their application to the Union territory of Pondicherry, have effect subject the modifications specified in the Schedule.”.

After section 7, add:— THE SCHEDULE [See section 1(3)] Modifications of the Act in its application to the Union territory of Pondicherry

Sections 3 and 4 shall be omitted.
In section 4A, for the words, brackets, letters and figures “twenty-seven and a half per cent. of the aggregate of (i) the stipulated dividend, and (ii) an amount equal to eleven per cent. of the stipulated dividend as specified in sub-section (3) of section 3”, the following shall be substituted, namely:—

“twenty-seven and a half per cent. of the stipulated dividend:

Provided that in a case where the preference shares in respect of which dividend is declared or paid from part of the preference share capital of a company which, in respect

Year

No.

Short title

1961

The Advocates Act, 1961

Modifications

the

from

to a deduction

4 of the greater part of its total income, is tax entitled chargeable from it under the Income-tax Act, 1961 (43 of 1961), under a notification issued by the Central Government under section 294A of that Act, the reference to twenty-seven and a half per cent. of the stipulated dividend shall be construed as a reference to— (i) where the stipulated dividend in respect of such preference share is declared or paid in respect of the previous year relevant to the assessment year commencing on the 1st day of April, 1965, the said twenty-seven and a half per cent. asreduced by forty-five per cent. thereof; (ii) where such dividend is declared or paid in respect of the previous year relevant to the assessment year commencing on the 1st day of April, 1966, the said twenty-seven and a half per cent. as reduced by twenty-five per cent. thereof; (iii) wheresuch dividend is declared or paid in respect of the previous year relevant to the assessment year commencing on the 1st day of April, 1967, or the 1st day of April, 1968, or the 1st day of April, 1969, the said twenty- seven and a half per cent. as reduced by ten per cent. thereof. Explanation.—For the removal of doubts it is hereby declared that any reference in this section to deduction made from a dividend on account of the income-tax payable by the include any amount company does not deducted by the company from that dividend under section 194 of the Income-tax Act, 1961 (43 of 1961).”.

In section 5, sub-section (2) shall be omitted.
Section 6 shall be omitted.‟. In section 3. in sub-section (1),— (1) in clause (a), omit, “Madras”; (2) (inserted by Regulation 8 of 1963) as clause (ccc) and before the clause as so re-lettered, insert:— “(cc) for the State of Madras and the Union territory of Pondicherry to be known as the Bar Council of Madras.”. After Section 58A, insert :— “58AA. Special Provisions in relation to the Union Territory of Pondicherry.—

re-letter clause

(cc)

Modifications

4 (1) Notwithstanding anything contained in this Act, all persons who, immediately before the date on which the provisions of Chapter III are brought into force in the Union territory of Pondicherry, were entitled to practise the profession of law (whether by way of pleading or acting or both) under any law in force in the said Union territory or who would have been so entitled had they not been in public service on the said date, shall for the purposes of clause (a) of sub- section (1) of section 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926, (38 of 1926) and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of Madras, be admitted as an advocate on the State roll maintained in respect of the said Union territory. (2) Notwithstanding anything contained in this Act, every person who, immediately before the date on which the provisions of Chapter IV are brought into force in the Union territory of Pondicherry, was practising the profession of law (whether by way of pleading or acting or both or in any other way) by virtue of the provisions of any law in force in the said Union territory, who does not elect to be or is not qualified to be, enrolled under
sub-section (1), shall, notwithstanding the repeal of the relevant provisions of such law by the Pondicherry (Extension of Laws) Act, 1968, continue to enjoy the same rights as respects practice in any court or revenue office or before any authority or person andbe subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been repealed.”

advocate

Year

No.

Short title

1961

The Dowry Prohibition Act, 196l.

The Foreign Awards (Recognition and Enforcement) Act, 1961.

Year

No.

Short title

PART II

In force in a State
or a Union Territory

Modifications

1870

The Court-fees
Act, 1870.

1899

The Indian Stamp Act,

In section 2, for clause (b), substitute:—

„(b) “State Government” in relation to the Union territory of Pondicherry means the administrator thereof.‟.

In section 2, after clause (25), insert:—

(26) “State Government” in relation to the Union territory of Pondicherry means the administrator thereof.‟.

In section 3, omit the first and second

provisos.

In section 19A,—

(a) for “Presidency of Madras”, substitute “Union territory of Pondicherry”;

(b) for“Presidency” substitute “Union

territory”.

In section 57, in sub-section (1), omit “and” at the end of clause (d) and after clause (e) insert: — “(ee) if it arises in the Union territory of Pondicherry, to the High Court of Madras.”.

In section 75 A, for sub-section (2), substitute :— “(2) Every rule made under this Act shall, as soon as may be after it is made, be laid before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that any such rule should not be made, that rule 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 after under that rule.”.

As in force in the Union territory of Andaman and
Nicobar Islands
on the 1st day of August, 1966.

As in force in the
State of Madras on
the 1st day of August, 1966.

Year

No.

Short title

In force in a State
or a Union Territory

Modifications

1908

The Code of Civil Procedure, 1908

As in force in the State of
Madras on the
1st day of
August, 1966.

In Schedule 1—

(i) in entry 9, omit the Exemption;

(ii) in entry 15, for “Madras Court- fees and Suits Valuation Act, 1955 (Madras Act XIV of 1955)”, substitute “Court-fees Act, 1870 (7 of 1870)”;

(iii) omit entry 20A;

(iv) in entry 62, in clause (d), for “Administrator General‟s Act, 1913 (Central Act III of 1913), section 25”, substitute“Administrators-General
Act, 1963 (45 of 1963), section 22.”.

After section 45, insert :—

“45A. Execution of decrees, etc., passed or made before the commencement of the Code in Pondicherry.—Any judgment, decree or order passed or made before the commencement of this Code by any civil court in the Union territory of Pondicherry shall, for the purpose of execution, be deemed to have been passed or made under this Code:

Provided that nothing contained in this section shall be construed as extending the period of limitation to which any proceeding in respect of such judgment, decree or order may be subject.”.

1968_The_Pondicherry_Act.md 23 KB 고유링크 히스토리 Raw

1968_The_Pondicherry_Act.md 23 KB

고유링크 히스토리 Raw