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State of Puducherry - Act

Pondicherry (Extension of Laws) Act, 1968

PUDUCHERRY
India

Pondicherry (Extension of Laws) Act, 1968

Act 26 of 1968

  • Published on 24 May 1968
  • Commenced on 24 May 1968
  • [This is the version of this document from 24 May 1968.]
  • [Note: The original publication document is not available and this content could not be verified.]
Pondicherry (Extension of Laws) Act, 1968(Act No. 26 of 1968)Last Updated 27th December, 2019[Dated 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:-

1. Short title.

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

2. 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;
(c)"Pondicherry" means the Union territory of Pondicherry.

3. 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.

4. 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of section 3 or any part thereof (except in so far as such law continues to be applicable to Renoncants) shall stand repealed as from the coming into force of such Act in Pondicherry.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
(c)any penalty, forfeiture or punishment incurred in respect of any offence committed against 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.

6. 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.

7. 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.The Schedule[See section 3(1)]

Part I

Year No. Short title   Modifications
1 2 3   4
1839 32 The Interest Act, 1839.    
1850 12 The Public Accountants' Default Act, 1850.    
1850 18 The Judicial Officers Protection Act, 1850.    
1850 21 The Caste Disabilities Removal Act, 1850.    
1851 8 The Indian Tolls Act, 1851.    
1855 12 The Legal Representatives' Suits Act, 1855.    
1855 13 The Indian Fatal Accidents Act, 1855.    
1856 9 The Indian Bills of Lading Act, 1856.    
1856 12 The Civil Courts Amins Act, 1856.    
1859 9 The Forfeiture Act, 1859.    
1863 23 The Waste Lands (Claims) Act, 1863.    
1864 15 The Indian Tolls Act, 1864.    
1865 3 The Carriers Act, 1865.    
1866 21 The Converts' Marriage Dissolution Act, 1866.   After section 1, insert:-
        "2. Nothing contained in this Act shallapply to saving the Renoncants of the Union territory ofPondicherry.".
1872 9 The Indian Contract Act, 1872.    
1872 15 The Indian Christian Marriage Act, 1872.   In section 1, at the end, insert:-
        "Provided that nothing contained in thisAct shall apply to the Renoncants of the Union territory ofPondicherry.".
1873 10 The Indian Oaths Act, 1873.    
1875 9 The Indian Majority Act, 1875.   In section 1, at the end insert:-
        "Provided that nothing contained in thisAct shall apply to the Renoncants of the Union territory ofPondicherry.".
1880 1 The Religious Societies Act, 1880.    
1880 12 The Kazis Act, 1880.    
1880 13 The Vaccination Act, 1880.    
1882 4 The Transfer of Property Act, 1882.    
1882 5 The Indian Easements Act, 1882.    
1882 7 The Powers-of-Attorney Act, 1882.    
1887 7 The Suits Valuation Act, 1887.    
1887 9 The Provincial Small Cause Courts Act, 1887.    
1890 1 The Revenue Recovery Act, 1890.    
1890 8 The Guardians and Wards Act, 1890.   In section 1, after sub-section (2), insert:-
        "Provided that nothing contained in thisAct shall apply to the Renoncants of the Union territory ofPondicherry."
1891 18 The Bankers' Books Evidence Act, 1891.    
1893 4 The Partition Act, 1893.    
1894 9 The Prisons Act, 1894.    
1897 3 The Epidemic Diseases Act, 1897.    
1899 4 The Government Buildings Act, 1899.    
1900 3 The Prisoners Act, 1900.    
1908 16 The Indian Registration Act, 1908.    
1914 9 The Local Authorities Loans Act, 1914.    
1916 15 The Hindu Disposition of Property Act, 1916.   In section 1, after sub-section (2), insert:-
        "Provided that nothing contained in thisAct shall apply to the Renoncants of the Union territory ofPondicherry.".
1917 5 The Destruction of Records Act, 1917.    
1918 10 The Usurious Loans Act, 1918.    
1919 12 The Poisons Act, 1919.    
1920 5 The Provincial Insolvency Act, 1920.    
1920 10 The Indian Securities Act, 1920.    
1920 15 The indian Red Cross Society Act, 1920.    
1920 33 The Identification of Prisoners Act, 1920.    
1921 18 The Maintenance Orders Enforcement Act, 1921.    
1922 7 The Emigration Act, 1922.    
1922 22 The Police(incitement to Disaffection)Act,1922.    
1923 5 The Indian Boilers Act, 1923.    
1928 12 The Hindu Inheritance (Removal of Disabilities)Act, 1928.   In section 1, in sub-section (3), add at theend:-
        "or to the Renoncants of the Unionterritory of Pondicherry.".
1929 19 The Child Marriage Restraint Act, 1929.   In section 1, after sub-section (2), insert:-
        "Provided that nothing contained in thisAct shall apply to the Renoncants of the Union territory ofPondicherry.".
1930 3 The Sale of Goods Act, 1930.    
1930 30 The Hindu Gains of Learning Act, 1930.    
1936 3 The Parsi Marriage and Divorce Act, 1936.   In section 1, in sub-section (2), after theproviso, insert:-
        "Provided further that nothing containedin this Act shall apply to the Renoncants of the Union territoryof Pondicherry.".
1937 26 The Muslim Personal Law (Shariat), ApplicationAct, 1937.   In section 1, after sub-section (2), insert:
        "Provided that nothing contained in thisAct shall apply to the Renoncants of the Union territory ofPondicherry.".
1939 8 The Dissolution of Muslim Marriages Act, 1939.   In section 1, after sub-section (2), insert:-
        "Provided that nothing contained in thisAct shall apply to the Renoncants of the Union territory ofPondicherry.".
1939 30 The Commercial Documents Evidence Act, 1939.    
1940 10 The Arbitration Act, 1940.    
1943 9 The Reciprocity Act, 1943.    
1944 38 The Criminal Law Amendment Ordinance, 1944.    
1945 ... The International Monetary Fund and BankAct,1945.    
1947 43 The United Nations(Security Council) Act, 1947.    
1947 46 The United Nations (Privileges and Immunities)Act, 1947.    
1948 41 The Diplomatic and Consular Officers (Oaths andFees) Act, 1948.    
1950 29 The Transfer of Prisoners Act, 1950.    
1950 64 The Road Transport Corporations Act, 1950.    
1950 74 The Telegraph Wires (Unlawful Possession) Act,1950.    
1951 50 The Tariff Commission Act, 1951.    
1951 54 The Companies (Donations to National Funds)Act, 1951.    
1951 61 The All-India Services Act, 1951.    
1952 35 The Mines Act, 1952.    
1952 53 The Notaries Act, 1952.    
1954 29 The Wakf Act, 1954.    
1955 32 The Prisoners (Attendance in Courts) Act, 1955.    
1955 42 The Prize Competitions Act, 1955.    
1955 45 The Working Journalists (Conditions of Service)and Miscellaneous Provisions Act, 1955.    
1956 3 The University Grants Commission Act, 1956.    
1956 31 The Life Insurance Corporation Act, 1956.    
1956 32 The Hindu Minority and Guardianship Act, 1 956.   In section 3, after sub-section (2), insert:-
        "(2A) Notwithstanding anything containedin sub-section (1), nothing contained in this Act shall apply tothe Renoncants of the Union territory of Pondicherry.".
1956 42 The Securities Contracts (Regulation) Act,1956.    
1956 78 The Hindu Adoptions and Maintenance Act, 1956.   In section 2, after sub-section (2), insert:-
        "(2A) Notwithstanding anything containedin sub-section (1), nothing contained in this Act shall apply tothe Renoncants of the Union territory of Pondicherry.".
1956 93 The Young Persons (Harmful Publications) Act,1956.    
1956 96 The Slum Areas (Improvement and Clearance) Act,1956.    
1956 104 The Suppression of Immoral Traffic in Women andGirls Act, 1956.    
1958 20 The Probation of Offenders Act, 1958.    
1958 21 The Rice-Milling Industry (Regulation) Act,1958.    
1958 29 The Working Journalists (Fixation of Rates ofWages) Act, 1958.    
1958 42 The International Finance Corporation (Status,Immunities and Privileges) Act, 1958.    
1960 6 The Geneva Conventions Act, 1960.    
1960 32 The International Development Association(Status, Immunities and Privileges) Act, 1960.    
1960 63 The Preference Shares (Regulation of Dividends)Act, 1960.   In section 1, after sub-section (2), insert:-
        "(3) Notwithstanding anything contained insub-section (2), the provisions of this Act shall, in theirapplication to the Union territory of Pondicherry, have effectsubject to the modifications specified in the Schedule.".
        After section 7, add:-
        The Schedule
        [See section 1(3)]
        Modifications of the Act in its application tothe Union territory of Pondicherry
        1. Sections 3 and 4 shall be omitted.
        2. In section 4A, for the words, brackets,letters and figures "twenty-seven and a half per cent. ofthe aggregate of (i) the stipulated dividend, and (ii) an amountequal to eleven per cent. of the stipulated dividend asspecified in sub-section (3) of section 3", the followingshall be substituted, namely:-
        "twenty-seven and a half per cent. of thestipulated dividend:
        Provided that in a case where the preferenceshares in respect of which dividend is declared or paid frompart of the preference share capital of a company which, inrespect of the greater part of its total income, is entitled toa deduction from the tax chargeable from it under the Income-taxAct, 1961 (43 of 1961), under a notification issued by theCentral Government under section 294A of that Act, the referenceto twenty-seven and a half per cent. of the stipulated dividendshall be construed as a reference to-
        (i) where the stipulated dividend in respect ofsuch preference share is declared or paid in respect of theprevious year relevant to the assessment year commencing on the1st day of April, 1965, the said twenty-seven and a half percent. asreduced by forty-five per cent. thereof;
        (ii) where such dividend is declared or paid inrespect of the previous year relevant to the assessment yearcommencing on the 1st day of April, 1966, the said twenty-sevenand a half per cent. as reduced by twenty-five per cent.thereof;
        (iii) where such dividend is declared or paid inrespect of the previous year relevant to the assessment yearcommencing on the 1st day of April, 1967, or the 1st day ofApril, 1968, or the 1st day of April, 1969, the saidtwenty-seven and a half per cent. as reduced by ten per cent.thereof.
        Explanation. - For the removal of doubts it ishereby declared that any reference in this section to deductionmade from a dividend on account of the income-tax payable by thecompany does not include any amount deducted by the company fromthat dividend under section 194 of the Income-tax Act, 1961 (43of 1961).".
        3. In section 5, sub-section (2) shall beomitted.
        4. Section 6 shall be omitted.'.
1961 25 The Advocates Act, 1961   In section 3. in sub-section (1),-
        (1) in clause (a), omit, "Madras";
        (2) re-letter clause (cc) (inserted byRegulation 8 of 1963) as clause (ccc) and before the clause asso re-lettered, insert:-
        "(cc) for the State of Madras and theUnion territory of Pondicherry to be known as the Bar Council ofMadras.".
        After Section 58A, insert :-
        "58AA. Special Provisions in relation tothe Union Territory of Pondicherry.-
        (1) Notwithstanding anything contained in thisAct, all persons who, immediately before the date on which theprovisions of Chapter III are brought into force in the Unionterritory of Pondicherry, were entitled to practise theprofession of law (whether by way of pleading or acting or both)under any law in force in the said Union territory or who wouldhave been so entitled had they not been in public service on thesaid date, shall for the purposes of clause (a) of sub-section(1) of section 17, be deemed to be persons who were entered asadvocates on the roll of a High Court under the Indian BarCouncils Act, 1926, (38 of 1926) and every such person may, onan application made in this behalf within such time as may bespecified by the Bar Council of Madras, be admitted as anadvocate on the State roll maintained in respect of the saidUnion territory.
        (2) Notwithstanding anything contained in thisAct, every person who, immediately before the date on which theprovisions of Chapter IV are brought into force in the Unionterritory of Pondicherry, was practising the profession of law(whether by way of pleading or acting or both or in any otherway) by virtue of the provisions of any law in force in the saidUnion territory, who does not elect to be or is not qualified tobe, enrolled as an advocate under sub-section (1), shall,notwithstanding the repeal of the relevant provisions of suchlaw by the Pondicherry (Extension of Laws) Act, 1968, continueto enjoy the same rights as respects practice in any court orrevenue office or before any authority or person and be subjectto the disciplinary jurisdiction of the same authority which heenjoyed, or, as the case may be, to which he was subject,immediately before the said date and accordingly the relevantprovisions of the law aforesaid shall have effect in relation tosuch persons as if they had not been repealed."
1961 28 The Dowry Prohibition Act, 196l.    
1961 45 The Foreign Awards (Recognition andEnforcement) Act, 1961.    

Part II

Year No. Short title In force in a State or a Union Territory Modifications
1 2 3 4 5
1870 7 The Court-fees Act, 1870. As in force in the Union territory of Andaman andNicobar Islands on the 1st day of August, 1966. In section 2, for clause (b), substitute:-
        „(b) "State Government" in relation to theUnion territory of Pondicherry means the administratorthereof.'.
1899 2 The Indian Stamp Act, 1899. As in force in the State of Madras on the 1st dayof August, 1966. In section 2, after clause (25), insert:-
        (26) "State Government" in relation to the Unionterritory of Pondicherry means the administrator thereof.'.
        In section 3, omit the first and second provisos.
        In section 19A,-
        (a) for "Presidency of Madras", substitute "Unionterritory of Pondicherry";
        (b) for"Presidency" substitute "Unionterritory".
        In section 57, in sub-section (1), omit "and" atthe end of clause (d) and after clause (e) insert: -
        "(ee) if it arises in the Union territory ofPondicherry, 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 asmay be after it is made, be laid before the Legislative Assemblywhile it is in session for a total period of fourteen days whichmay be comprised in one session or in two successive sessions,and if before the expiry of the session in which it is so laidor the session immediately following, the Legislative Assemblymakes any modification in the rule or decides that any such ruleshould not be made, that rule shall thereafter have effect onlyin such modified form or be of no effect, as the case may be;so,however, that any such modification or annulment shall bewithout prejudice to the validity of anything previously doneafter under that rule.".
        In Schedule 1-
        (i) in entry 9, omit the Exemption;
        (ii) in entry 15, for "Madras Court-fees and SuitsValuation 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 "AdministratorGeneral's Act, 1913 (Central Act III of 1913), section 25",substitute"Administrators-General Act, 1963 (45 of 1963),section 22.".
1908 5 The Code of Civil Procedure, 1908 As in force in the State of Madras on the 1st dayof August, 1966. After section 45, insert :-
        "45A. Execution of decrees, etc., passed or made beforethe commencement of the Code in Pondicherry.-Any judgment,decree or order passed or made before the commencement of thisCode by any civil court in the Union territory of Pondicherryshall, for the purpose of execution, be deemed to have beenpassed or made under this Code:
        Provided that nothing contained in this section shall beconstrued as extending the period of limitation to which anyproceeding in respect of such judgment, decree or order may besubject.".