Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Madras (Transferred Territory) Extension Of Laws Act, 1957 22 of 1957 [18 December 1957] CONTENTS 1. Short title and commencement 2. Definitions 3. Extension of enactments 4. Construction of references to laws not in force in the transferred territory 5. Construction of references to authorities where new authorities have been constituted 6. Repeal of corresponding laws 7. Savings 8. Powers of courts and other authorities for purposes of facilitating application of laws 9. Extension of Madras Acts VIII of 1923 and XXXII of 1950 10. Repeal of Travancore Act XI of 1119 and Travancore-Cochin Acts V of 1125 and XVII of 1951 11. Power to remove difficulties SCHEDULE 1 :- Schedule-I Madras (Transferred Territory) Extension Of Laws Act, 1957 22 of 1957 [18 December 1957] PREAMBLE An Act to extend certain laws to the transferred territory in the State of Madras. Whereas it is expedient to provide that certain laws should be extended to, and by virtue of such extension should be in force in, the transferred territory in the State of Madras; Be it enacted in the Eighth Year of the Republic of India as follows:-- 1. For Statement of Objects and Reasons, see Fort St. George Gazette, Extraordinary, dated the 17th October 1957, Part IV-A page 79. 1. Short title and commencement :- (1) This Act may be called the Madras (Transferred Territory) Extension of Laws Act, 1957. (2) It shall come into force at once. 2. Definitions :- In this Act, unless the context otherwise requires,-- (a) "existing law" means any law, Ordinance, Proclamation, regulation, order, by-law or rule passed or made before the commencement of this Act by any Legislature, authority or person having power to make such a law, Ordinance, Proclamation, regulation, order, by-law or rule; (b) "transferred territory" means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district. 3. Extension of enactments :- So much of the enactments specified in the Schedule as is in force on the date of the commencement of this Act in the State of Madras except in the transferred territory 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 transferred territory. 4. Construction of references to laws not in force in the transferred territory :- (1) Any reference in any enactment specified in the Schedule to a law which is not in force in the transferred territory shall, in relation to that territory, be construed as a reference to the corresponding law, if any, in force in that territory. (2) Any reference in any existing law which continues to be in force in the transferred territory after the commencement of this Act to any law repealed by section 6 shall, in relation to that territory, be construed as a reference to the enactment specified in the Schedule corresponding to the law so repealed. 5. Construction of references to 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 transferred territory shall, where a corresponding new authority has been constituted by or under any enactment now extended to the transferred territory, have effect as if it were a reference to that new authority. 6. Repeal of corresponding laws :- If, immediately before the commencement of this Act, there is in force in the transferred territory any Act, Ordinance, Proclamation, regulation, order, by-law, rule or other law corresponding to an enactment specified in the Schedule, whether such Act, Ordinance, Proclamation, regulation, order, by-law, rule or other law is in force by virtue of section 119 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) or by virtue of any other legislative power, such corresponding law shall, upon the commencement of this Act, stand repealed to the extent to which the law relates to matters with respect to which the State Legislature has power to make laws for the State. 7. Savings :- (1) The repeal by section 6 of this Act 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 (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against 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 sub-section (1), any thing done or any action taken including any appointment or delegation made, notification, order, instruction 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 transferred territory and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said enactment. 8. Powers of courts and other authorities for purposes of facilitating application of laws :- For the purpose of facilitating the application in the transferred, territory of any enactment specified in the 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. 9. Extension of Madras Acts VIII of 1923 and XXXII of 1950 :- (1) The Madras Survey and Boundaries Act, 1923 (Madras Act VIII of 1923), as amended by sub-section (2) is hereby extended to, and shall be in force in, the transferred territory; and sections 4 to 8 shall apply in relation to that Act as if it had been included in the Schedule. (2) The Act aforesaid shall be amended as follows, that is to say, in section 2, after clause (ix), the following clause shall be added as clause (x), namely:-- "(x) Village headman and village accountant in relation to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district respectively include village officer and village assistant." (3) The Madras Animals and Birds Sacrifices Prohibition Act, 1950 (Madras Act XXXII of 1950), as amended by sub-section (4) is hereby extended to, and shall be in force in, the transferred territory; and sections 4 to 8 shall apply-in relation to that Act an if it had been included in the Schedule. (4) The Act aforesaid shall be amended as follows, that is to say, 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 XIX of 1951), and in any area in the Kanyakumari district and the Shencottah taluk of the Tirunelveli district, a temple as defined in section 2, clause (1) of the Travancore-Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore-Cochin Act XXVII of 1950)". 10. Repeal of Travancore Act XI of 1119 and Travancore- Cochin Acts V of 1125 and XVII of 1951 :- The Travancore Rationing Preparatory Measures Act, 1119 (Travancore Act XI of 1119), the Travancore-Cochin High Court Act, 1125 (Travancore-Cochin Act V of 1125) as subsequently amended, and the Code of Civil Procedure (Travancore-Cochin Amendment) Act, 1951 (Travancore-Cochin Act XVII of 1951), in so far as they apply to, and are in force in, the transferred territory are, subject to sections 4, 5, 6 and 7", hereby repealed. 11. Power to remove difficulties :- If any difficulty arises in giving effect to the provisions of this Act or of any enactment extended to the transferred territory by 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. SCHEDULE 1 Schedule-I THE SCHEDULE. (See section 3) Year. Number. Short title. (1) (2) (3) Central Acts. 1849 X The Madras Revenue Commissioner Act, 1849. 1850 XII The Public Accountants Default Act, 1850. 1850 XVIII The Judicial Officers Protection Act, 1850. 1850 XXXVII The Public Servants (Inquiries) Act, 1850. 1873 III The Madras Civil Courts Act, 1873. 1882 V The Indian Easements Act, 1882. 1883 XIX The Land Improvement Loans Act, 1883. 1884 XII The Agriculturists Loans Act, 1884. 1887 IX The Provincial Small Cause Courts Act, 1887. 1890 XI The Prevention of Cruelty to Animals Act, 1890. 1894 IX The Prisons Act, 1894. 1897 III The Epidemic Diseases Act, 1897. 1898 III The Lepers Act, 1898. 1899 XIII The Glanders and Farcy Act, 1899. 1900 III The Prisoners Act, 1900. 1917 V The Destruction of Records Act, 1917. 1920 V The Provincial Insolvency Act, 1920. 1920 XXXIII The Identification of Prisoners Act, 1920. 1923 XXIII The Legal Practitioners (Women) Act, 1923. 1932 XXIII The Criminal Law Amendment Act, 1932. Madras Regulations. 1803 I The Madras Board of Revenue Regulation, 1803. 1803 II The Madras Collectors Regulation, 1803. 1803 II The Madras Collectors Regulation, 1803. 1822 IX The Madras Revenue Malversation Regulation, 1822. 1823 III The Madras Revenue Malversation (Amendment) Regulation, 1823. 1828 VII The Madras Subordinate Collectors and Revenue Malversation (Amendment) Regulation, 1828. 1832 III The Madras Revenue Malversation (Amendment) Regulation, 1832. Madras Acts. 1865 VI The Madras Official Seals Act, 1865. 1866 II The Madras Cattle-disease Act, 1866. 1869 III The Madras Revenue Summonses Act, 1869. 1893 V The Madras Revenue Enquiries Act, 1893. 1894 I The Madras Board of Revenue Act, 1894. 1920 IV The Madras Children Act, 1920. 1920/ VII The Madras Town-Planning Act, 1920. 1923 V The Madras State Aid to Industries Act, 1922. 1926 V The Madras Borstal Schools Act, 1925. 1930 III The Madras Gaming Act, 1930. 1933 XX The Madras Commercial Crops Markets Act, 1933. 1934 X The Madras Co-operative Land Mortgage Banks Act, 1934. 1936 XVI The Madras Famine Relief Fund Act, 1936. 1937 III The Madras Probation of Offenders Act, 1936. 1937 X The Madras Prohibition Act, 1937. 1939 X The Madras Entertainments Tax Act, 1939. 1940 XV The Madras Livestock Improvement Act, 1940. 1940 XIX The Madras Rinderpest Act, 1940. 1945 XIII The Madras Prevention of Begging Act, 1945. 1947 XVI The Madras Tuberculosis Sanatoria (Regulation of Buildings) Act, 1947. 1947 XXXI The Madras Devadasis (Prevention of Dedication) Act, 1947. 1947 XXXVI The Madras Shops and Establishments Act, 1947. 1948 III The Madras Suppression of Disturbances Act, 1948. 1948 XXV The Cotton Ginning and Pressing Factories (Madras Amendment) Act, 1948. 1950 XXXIV The Code of Civil Procedure (Madras Amendment) Act, 1950. 1951 XV The Madras Warehouses Act, 1951. 1953 X The Cotton Ginning and Pressing Factories (Madras Amendment) Act, 1953. 1954 II The Madras Contingency Fund Act, 1954. 1954 XXXIII The Madras Dramatic Performances Act, 1954. 1955 IX The Madras Cinemas (Regulation) Act, 1955. 1956 XXXI The Code of Criminal Procedure (Madras Amendment) Act, 1956.