Pondicherry (Administration) Act, 1962

1962 · State unknown · central · act_text

Sections (21)

1 · . Short title, extent and commencement . — (1) This Act may be called the Pondicherry (Administration) Act, 1962.

2 · . Definitions . — In this Act, unless the context otherwise requires,—

3 · . Officers and functionaries in relation to Pondicherry . — Without prejudice to the powers of the Central Government to appoint from time to time such officers and authorities as may be necessary for the administration of Pondicherry , all courts, tribunals, authorities and officers, whether in India or in the former French Establishments, who immediately before the appointed day, were exercising lawful functions in connection with the administration of those Establishments or any part thereof, including the Council of Government and the Representative Assembly, shall, unless otherwise directed at any time by the Central Government or the Administrator in relation to any such court, tribunal, authority or officer, or until other provision is made by law, continue to exercise in connection with the administration of Pondicherry their respective powers and jurisdiction and perform their respective duties and functions in the same manner and to the same extent as before the appointed day with such altered designation, if any, as that Government may determine.

4 · . Continuance of existing laws and their-adaptation . — (1) All laws in force immediately before the appointed day in the former French Establishments or any part thereof shall continue to be in force in Pondicherry until amended or repealed by a competent Legislature or other competent authority:

5 · . Property and assets . —F —For the avoidance of doubt, it is hereby declared that all property and assets within Pondicherry which, immediately before the appointed day, vested in the Government of the French Republic shall, save as otherwise expressly provided in the Treaty of Cession, vest in the Union.

6 · . Rights and obligations . — Subject to the provisions of the Treaty of Cession, all rights, liabilities and obligations of the Government of the French Republic in relation to or arising out of the administration of the former French Establishments shall, as from the appointed day, be the rights, liabilities and obligations of the Central Government.

7 · . Continuance of existing taxes . —A —All taxes, duties, cesses and fees which, immediately before the appointed day, were being lawfully levied in the former French Establishments or any part thereof shall continue to be levied in Pondicherry and to be applied to the same purposes, until other provision is made by a competent Legislature or other competent authority.

8 · . Power to extend enactments to Pondicherry . — The Central Government may, by notification in the Official Gazette, extend with such restrictions and modifications as it thinks fit, to Pondicherry and enactment which is in force in a State at the date of the notification.

9 · . Extension of the jurisdiction of Madras High Court to Pondicherry . —A —As from the 6th day of November, 1962, the jurisdiction of the High Court shall extend to Pondicherry.

10 · . Jurisdiction of High Court . — (1) Without prejudice to the generality of the provisions of section 9, the High Court shall have, in respect of Pondicherry, all such jurisdiction as under the law in force immediately before the appointed day was exercisable in respect of the former French Establishments by the Cour de Cassation, the Cour Superieur d ' Arbitrage and the Counseil d ' Etat of France:

11 · . Advocates entitled to practise before High Court . —N —Notwithstanding anything contained in the Advocates Act, 1961 (25 of 1961), but subject to such rules as may be framed by the High Court, any person who is entitled to practise before the Tribunal Superieur d ' Appeal at Pondicherry shall be recognised as an advocate entitled to practise in the High Court in relation to cases coming before the High Court from Pondicherry.

1 · Subs . by Madras State (Alteration of Name) A.L.O . , 1970 (G.S.R. 112 of 1970) for " Madras " .

12 · . Power of High Court to make rules . — The High Court may, from time to time, make rules, consistent with this Act, to provide for all or any of the following matters, namely:—

13 · . Validation of certain orders and decrees . — (1) Every order or decree purported to have been made by the Cour de Cassation, the Cour Superieur d ' Arbitrage or the Counseil d ' Etat of France during the period commencing on the first day of November, 1954 , and ending on the appointed day, in any appeal or other proceeding from, or in respect of any judgment, decree or order of any court, tribunal or other authority in the former French Establishments shall be deemed to have been validly made, in accordance with law; and shall for all purposes have effect as if it were an order or a decree made by the High Court in the exercise of the jurisdiction conferred by this Act.

14 · . Limitation for appeals . — (1) The periods of limitation for appeals to the High Court shall be as set out below: —

15 · . Saving of limitation in certain cases . — In computing the period of limitation under section 14 or under any other law, any period during which an appeal could not be filed or a proceeding could not be instituted because the jurisdiction of the High Court did not extend to Pondicherry shall be excluded.

16 · . Rule of construction . — References in any law in force in Pondicherry to the Cour de Cassation, the Court Superieur d ' Arbitrage or the Counsel d ' Etat shall be construed as references to the High Court.

17 · . Power to construe laws . — For the purpose of facilitating the application of any law in relation to Pondicherry, any court or other authority may construe any such law 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.

18 · . Effect of other laws . — The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law in force in Pondicherry.

19 · . Power to remove difficulties . — (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make any such provisions as appear to it to be necessary or expedient for removing the difficulty.

20 · . Repeal and saving . — (1) The Pondicherry (Administration) Ordinance, 1962 (8 of 1962), is hereby repealed.

Subordinates (7)

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