The Pondicherry (Extension of Laws) Act, 1968

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.

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.

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.”.

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.

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.”.

1939 8 The Dissolution of Muslim Marriages

Act, 1939.

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.”.

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 Act, 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 and Fees) Act, 1948.

1950 29 The Transfer of Prisoners Act, 1950.

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.

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

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. as reduced 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) 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, 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

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.—

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 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 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 and

be 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.

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.”.

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 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.”.

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.”.