Pondicherry (Extension of Laws) Act, 1968
(Act No. 26 of 1968)
Last Updated 27th December, 2019 [act3587]
[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of section 3 or any part thereof (except in so far as such law continues to be applicable to Renoncants) shall stand repealed as from the coming into force of such Act in Pondicherry.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(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or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 shall | ||||
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 | ||||
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 | ||||
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 this | ||||
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 | ||||
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, | ||
1923 | 5 | The Indian Boilers Act, 1923. | ||
1928 | 12 | The Hindu Inheritance (Removal of Disabilities) | In section 1, in sub-section (3), add at the | |
“or to the Renoncants of the Union | ||||
1929 | 19 | The Child Marriage Restraint Act, 1929. | In section 1, after sub-section (2), insert:- | |
“Provided that nothing contained in this | ||||
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 | |
“Provided further that nothing contained | ||||
1937 | 26 | The Muslim Personal Law (Shariat), Application | In section 1, after sub-section (2), insert: | |
“Provided that nothing contained in this | ||||
1939 | 8 | The Dissolution of Muslim Marriages Act, 1939. | In section 1, after sub-section (2), insert:- | |
“Provided that nothing contained in this | ||||
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 Bank | ||
1947 | 43 | The United Nations(Security Council) Act, 1947. | ||
1947 | 46 | The United Nations (Privileges and Immunities) | ||
1948 | 41 | The Diplomatic and Consular Officers (Oaths and | ||
1950 | 29 | The Transfer of Prisoners Act, 1950. | ||
1950 | 64 | The Road Transport Corporations Act, 1950. | ||
1950 | 74 | The Telegraph Wires (Unlawful Possession) Act, | ||
1951 | 50 | The Tariff Commission Act, 1951. | ||
1951 | 54 | The Companies (Donations to National Funds) | ||
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) | ||
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 | ||||
1956 | 42 | The Securities Contracts (Regulation) Act, | ||
1956 | 78 | The Hindu Adoptions and Maintenance Act, 1956. | In section 2, after sub-section (2), insert:- | |
“(2A) Notwithstanding anything contained | ||||
1956 | 93 | The Young Persons (Harmful Publications) Act, | ||
1956 | 96 | The Slum Areas (Improvement and Clearance) Act, | ||
1956 | 104 | The Suppression of Immoral Traffic in Women and | ||
1958 | 20 | The Probation of Offenders Act, 1958. | ||
1958 | 21 | The Rice-Milling Industry (Regulation) Act, | ||
1958 | 29 | The Working Journalists (Fixation of Rates of | ||
1958 | 42 | The International Finance Corporation (Status, | ||
1960 | 6 | The Geneva Conventions Act, 1960. | ||
1960 | 32 | The International Development Association | ||
1960 | 63 | The Preference Shares (Regulation of Dividends) | In section 1, after sub-section (2), insert:- | |
“(3) Notwithstanding anything contained in | ||||
After section 7, add:- | ||||
The Schedule | ||||
[See section 1(3)] | ||||
Modifications of the Act in its application to | ||||
1. Sections 3 and 4 shall be omitted. | ||||
2. In section 4A, for the words, brackets, | ||||
“twenty-seven and a half per cent. of the | ||||
Provided that in a case where the preference | ||||
(i) where the stipulated dividend in respect of | ||||
(ii) where such dividend is declared or paid in | ||||
(iii) where such dividend is declared or paid in | ||||
Explanation. – For the removal of doubts it is | ||||
3. In section 5, sub-section (2) shall be | ||||
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 | ||||
“(cc) for the State of Madras and the | ||||
After Section 58A, insert :- | ||||
“58AA. Special Provisions in relation to | ||||
(1) Notwithstanding anything contained in this | ||||
(2) Notwithstanding anything contained in this | ||||
1961 | 28 | The Dowry Prohibition Act, 196l. | ||
1961 | 45 | The Foreign Awards (Recognition and |
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 | In section 2, for clause (b), substitute:- |
„(b) “State Government” in relation to the | ||||
1899 | 2 | The Indian Stamp Act, 1899. | As in force in the State of Madras on the 1st day | In section 2, after clause (25), insert:- |
(26) “State Government” in relation to the Union | ||||
In section 3, omit the first and second provisos. | ||||
In section 19A,- | ||||
(a) for “Presidency of Madras”, substitute “Union | ||||
(b) for”Presidency” substitute “Union | ||||
In section 57, in sub-section (1), omit “and” at | ||||
“(ee) if it arises in the Union territory of | ||||
In section 75 A, for sub-section (2), substitute :- | ||||
“(2) Every rule made under this Act shall, as soon as | ||||
In Schedule 1- | ||||
(i) in entry 9, omit the Exemption; | ||||
(ii) in entry 15, for “Madras Court-fees and Suits | ||||
(iii) omit entry 20A; | ||||
(iv) in entry 62, in clause (d), for “Administrator | ||||
1908 | 5 | The Code of Civil Procedure, 1908 | As in force in the State of Madras on the 1st day | After section 45, insert :- |
“45A. Execution of decrees, etc., passed or made before | ||||
Provided that nothing contained in this section shall be |
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