Pondicherry (Extension of Laws) Act, 1968

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THE PONDICHERRY (EXTENSION OF LAWS) ACT, 1968
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ARRANGEMENT OF SECTIONS
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SECTIONS
1. Short title.
2. Definitions.
3. Extension with amendments of certain laws to Pondicherry and their commencement therein.
4. Repeal and saving.
5. Extension of rules, orders, etc., under certain laws.
6. Rules of construction.
7. Power to remove dif
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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:—
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be applicable to Renoncants) shall stand repealed as from the coming into force of such Act in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.
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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,
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Year No. Short title Modifications
1 2 3 4
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 shall
apply to saving the Renoncants of the
Union territory of Pondicherry.”.
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 this
Act shall apply to the Renoncants of
the Union territory of Pondicherry.”.
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 this
Act shall apply to the Renoncants of
the Union territory of Pondicherry.”.
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.
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Year No. Short title Modifications
1 2 3 4
1890 8 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.”
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 this
Act shall apply to the Renoncants of
the Union territory of Pondicherry.”.
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 the
end:—
“or to the Renoncants of the Union
territory of Pondicherry.”.
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Year No. Short title Modifications
1 2 3 4
1929 19 The Child Marriage Restraint
Act, 1929.
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 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 the
proviso, insert:—
“Provided further that nothing contained
in this Act shall apply to the
Renoncants of the Union territory of
Pondicherry.”.
1937 26 The Muslim Personal Law (Shariat),
Application Act, 1937.
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Year No. Short title Modifications
1 2 3 4
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 contained in
sub-section (1), nothing contained in this
Act shall apply to the 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 contained
in sub-section (1), nothing contained
in this Act shall apply to the
Renoncants of the Union territory of
Pondicherry.”.
1956 93 The Young Persons (Harmful Publications)
Act, 1956.
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Year No. Short title Modifications
1 2 3 4
1956 96 The Slum Areas (Improvement and
Clearance) Act, 1956.
1956 104 The Suppression of Immoral Traffic in
Women and Girls 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 of Wages) 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 in
sub-section (2), the provisions of this
Act shall, in their application to the
Union territory of Pondicherry, have
effect subject to 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
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. 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
9
Year No. Short title Modifications
1 2 3 4
of the greater part of its total income, is
entitled to a deduction from the tax
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 twentyseven
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
company does not include any amount
deducted by the company from that dividend
under section 194 of the Income-tax Act,
1961 (43 of 1961).”.
3. In section 5, sub-section (2) shall be
omitted.
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 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.—
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Year No. Short title Modifications
1 2 3 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 subsection
(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 as an advocate 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.”
1961 28 The Dowry Prohibition Act, 196l.
1961 45 The Foreign Awards (Recognition and
Enforcement) Act, 1961.
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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 and
Nicobar Islands
on the 1st day of
August, 1966.
In section 2, for clause (b), substitute:—
„(b) “State Government” in relation to
the Union territory of Pondicherry means
the administrator thereof.‟.
1899 2 The Indian
Stamp Act,
1899.
As in force in the
State of Madras on
the 1st day of
August, 1966.
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.”.
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Year No. Short title In force in a State
or a Union
Territory
Modifications
1 2 3 4 5
In Schedule 1—
(i) in entry 9, omit the Exemption;
(ii) in entry 15, for “Madras Courtfees
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.”.
1908 5 The Code of
Civil Procedure,
1908
As in force in the
State of
Madras on the
1st day of
August, 1966.
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.”.