(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 Regulation,—
(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 Chief Commissioner 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 Chief Commissioner.
(2) Where by any Act a power is conferred to make rules, regulations or bye-laws, or to issue orders with respect to the application of the Act, or with respect to the establishment of any court or office or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the Act, then that power may be exercised at any time after the making of this Regulation; but rules, regulations, bye-laws or orders so made or issued shall not take effect till the commencement of the Act, in Pondicherry.
(3) 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. If any difficulty arises in giving effect in Pondicherry to the provisions of any Act extended by this Regulation to that Union territory, the Central Government may, by order in the Official Gazette, make such provisions or give such directions as appear to it to be necessary for the removal of 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 to any corresponding court, tribunal or authority for disposal.
Rules of construction.
Power to remove difficulties, 2 6 2 THE GAZETTE OF UNJJ1A JSXTKAOrtLUWAltX LfAKI 11 Amendment of Act 2 of
1934.
8. In the Reserve Bank of India Act, 1934, in paragraph 4 oi the First Schedule, for the words "Union territory of the Laccadive, Minicoy and Amindivi Islands", the words "Union territories of Pondicherry and the Laccadive, Minicoy and Amindivi Islands" shall be substituted.
THE FIRST SCHEDULE ( See section i ) Year i 1838 i860 i860 1861 1867 1871 1872 1873 1874 1878 1878 1882 1884 18SS 1888 1888 1889 1890 1890 1894 1895 1897 1897 1898 No.
2 19 2 1 45 5 25 1 1 5 4 1 6 2 4 1 1 3 4 1 6 9 1 1 0 4 1 0 3 Short title 3 T h ; Coasting-Vessels Act, 1838 The Societies Registration Act, i860 The Indian Penal Code The Police Act, 1861 The Press and Registration of Books Act, 1867.
The Cattle-treBpaas Act, 1871 The Indian Evidence Act, 1872 Ths Government Savings Banks Act, 1873.
The Foreign Recruiting Act, 1874 The Opium Act, 1878 The Indian Treasure-trove Act, 1878 The Indian Trusts Act, 1882 Tho Indian Explosives Act, 1884 The Indian Tramways Act, 1886 The Police Act, 1888 Th; Indian Reserve Forces Act, 1888 The Metal Tokens Act, 1889 The Charitable Endowments Act,
1890.
The Indian Railways Act, 1890 The Land Acquisition Act, 1894 The Indian Riilway Companies Act,
1895.
The Indian Fisheries Act, 1897 The General Clauses Act, 1897 The Lepers Act, 1898 Modifications 4 *•*!. 1] t M aA^lCtT* Of INDIA-EXtfRAOftDlft Aft Y ^ Year i 1898 1898 1901 190a 1903 1904 1905 190I 1908 1908 1911 1912 1912 1914 1916 1917 1917 1920 1923 1923 No.
2 5 9 2 ' 4 7 7 4 6 14 15 2 4 8 2 7 1 iR 14 3 6 1 Short title 3 The Code of Criminal Procedure, T898.
The Livc-istock Importation Act,
189S.
The Indian Tolls (Army and Air Force) Act, 1901.
The Indian Tramways Act, 1902 The Indian Works of Defenc* Act,
1903.
The Ancient Monuments PrcBcrv«- tion Act, 1904.
The Indian Railway Board Act,
1905.
The Explosive Substance* Act; 1908 The Indian Criminal Law Amendment Act, 190S.
The Indian Ports Act, 1908 Th« Indian Patents and Designs Act, 1911.
The Indian Lunncy Act, 1912 The Wild Birds and Animals Protection Actj 1912, The Destructive Iniects and Pe*t« Act, 1914.
The Indian Medical Degrees Act,
1916.
The Inland Steam-vessels Act, 1917 The Post Office Cash Certificates Act, 1917.
The Charitable and Religious TrustR Act, 1920, The Cotton Transport Act, 1923 Ths Cantonments (House Accommodation) Act, 1923.
Modifications 4 In section 2, claudt (?), insert the following •ub-clause at th* end— "•(£) in relation to the Union territory of Pondicherry, the High Court at Mgdraa.".
330 G of I Ex—4.
264 THE GAZETTE OF IfrffilA EXfRAOrtDlttAfiY [PAHT ti.
Yee> i 1923 1923 1923 1924 1924 1925 1925 1925 1926 1937 1927 1930 1930 1933 1932 i>33 1933 1934 1934 1934 No.
2 8 14 19 2 4 12 19 26 16 16 17 2 34 9 2 2 ?, 17 19 2 0 30 Short title 3 Th« Workmen's Comp-nsntion Act, 1923.
The Indian Cotton Cess Act, 1923 The Indten Official Secreti Act,
1923.
The Cantonment* Act, 1924 The Central Board of Revenue Act,
1924.
The Cotton Ginning and pressing Factories Act, 1925.
The Provident Funds Act, 1925 The Indian Carriage of Goods by Sea Ac:, 1925.
The Indian Trade Unions Act, 1926 The Indian Forest Act, 1927 The Indian L'ghthouje Act, 1927 The Dangerous Drugs Actj 1930 The Indian Lac Cess Act, 1930 The Indian Partnership Act, 193a The Tti Districts Emigrant Labour Act, 1933.
The Children (Pledging of Labour) Act, 1933.
The Indian Wireless Telegraphy Act, 1933.
The Indian Dock Labourer Act, 1934- The Indian Carriage by Air Act,
1934.
The Petroleum Act, 1934 Modifications 4 Sub-section (rA) of l e c tion 9 shall have effect BB if for the words and figures "after the 27th day of February, 1939") the wordi " after the data of commencement of this Act" were substituted.
In section i . for sub-section (j), substitute— "(3) It shall come into force at once except section 69, which shall come into force on th» 1st day of July, 1964" Sac, I'j TH3L GAZETTE OF INDIA EXTRAORDINARY 26$ Y w i 1936 1937 1938 i9J« 1938 1938 1938 1940 1940 1942 1942 1944
1944.
1946 1946 1946 '947 1947 1947 1947 1947 No.
2 4 1 4 5 2,0 26 *3 27 18 41 1 0 18 9 2 0 2 14 15 24 29 Short title 3 Ths payment of Wages Act, 1936 The Agricultural Produce (Grading and Marking) Act, 1937- The Inaurtnce Act. 1938 The Manoeuvres, Field Firing and Artillery Practice Act, 1938.
The Criminal Law Amendment Act,
1938.
The Employer*' Liability Act, 1938 The Employment of Children Act,
1938.
The Drugs Act, 1940 The Agricultural Produce Cess Act,
1940.
The Weekly Holidays Act, 1942 The Armed Forces (Special Powers) Ordinance, 1942.
Th» Indian Coconut Cdraraittc* Act, 1944- The Public Debt Act, 1944 The Indian Oilseeds Committee Act, I946' The Industrial Employment (Standing Orders) Act, 1946.
The Delhi Special Police Establishment Act, 1946.
The Prevention of Corruption Act, 1947- The Industrial Disputes Act, 1947 Tho Aimed Forces (Emergency Duties) Act, 1947.
The Rubber Act, 1947 The Capital Issues (Control) Act, > 947- Modification!
4 Section 3B of the Act |> shall have effect »• if for the reference to the 1st day of October, 1939) a reference to the data of expiry of OBC year from the commence -a nt of the Act were subitituted.
266 THffi GAZETTE <JX LND1A JBJtTttAORLHNARY [PAUT n Year i I5M7 I94« *94* 194* 1948 194S 1946 1948 1948 1949 1949 1949 1950 1950 I95O 1950 1950 1950 No.
2 48 S 9 11 16 34 53 56 61 63 8 38 46 4 12 40 45 4fi 4-9 Short title 3 The Indian Nursing Council Act, 1947- Thu Pharmacy Act, 1948 The Dock Worker* (Regulation of Employment) Act, 1948.
The Minimum Wages Act, 1948 The^entists Aci, 1948 The Employee*' State Insurance Act,
1948.
The Oilfields (Regulation and Development) Act, 1948.
The Territorial Army Act, 1948 The Central Silk Board Act, 1948 The Factories Act, 1948 The Seaward Artillery Practice Act, 1949.
The Chattered Accountant's Act, 1949 The Banking Companies (Legtl practitioners' Clients' Accounts) Act, 1949.
The Preventive Detention Act, 1950 The Emblems arid Names (Prevention of Improper Use) Act, 1950.
The Army and Air Force (Disposal of Private Property) Act, 1950.
The Air Force Act, 1950 The Army Act, 1950 The Contingency Fund of India Act
1950.
Modifications 4 Any reference to a citisen of India m the Act shall be construed as including a reference to a person of Pondicherry origin who has opted to retain hi» French n*- tionality In pursuance of the Treaty of Cession.
Any reference to a citaen of India in the ActthaU be construed as including a reference to a person of Pondicherry origin who has opted to retain his French nationality In pursuance of the Treaty of Ce»alon.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 267 Year I 1951 1951 iy5i iy5i 1951 1952 1951 1952 1952 1952 1952 1952 1953 1953 1954 1954 1954 1954 1953 1955 1955 1955 No.
2 39 5 i 63 65 69 19 2 0 3^ 36 46 60 62 27 49 21 27 37 43 16 2 2 23 25 Shon title 3 The Marking of Heavy Packages Act,
1951.
The Railway Companies (Emergency Provisions) Act, 19J1.
The State Financial Corporations Act, 1951- The Industries (Development and Regulation) Act, 1951.
The Plantations Lubour Act, 1951 The Employed' Provident Fund* Act, 1952.
'Hie Inflammable Substances Act, 1952- The Conicupt of Courtt. Act, 1952 The Indian Standards Institution (Certification Marks) Act, 1952.
The Criminul Law Amendment Act, 1952.
The Commissions of Inquiry Act, 1952.
The Reserve and Auxiliary Air Forces Act, 1952.
The Air Corporation1: Act, 1953 The Salt Cess Act, 1953 The Drugs and Magic Remedies (Objectionable Adv ertisements) Act, 1954.
The Delivery of Books and Newspapers (Public Libraries) Act, 1954- The Prevention of food Adulteration Act, 1954.
The Special Marriage Act, 1954 The Medicinal and Toilet Preparations (Excise Dutiea) Act, 1955- The Untoucbabilhy (Offcncei) Act, 1955- The Stale Bank of India Act, 1955 The Hindu Marriage Act, 1955 Modifications 4 In lection 2, after subsection (a), insert— "(3A) Notwithstanding anything contai d in »ub_-section (v), nothing 268 THE GAZETTE OF INDIA EXTRAORDINARY [ P A M Et Year 7 „ 1 No.
3 JI I Short title 3 The Railway Stores (Unlawful Pos i t ion ) Act, 1955.
The Companies Act, 1956 Modification!
4 contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.'1.
(0 Iniert the following^ lection tB- "aB. Construction ef etrtain. refertnets in the application of the Act to Pondicherry.—In the application of this Act to the Union territory of Pondicherry—
(a) references to the dates specified In sections 37 ( 0 »nd (a) and 125 (1) »hall be construed as references to the 1st day of November, 1954 ;
(b) refer»noe to the 1st day of December, 1949, in sub-section
(4) of section 89 shall be construed as a reference to the 1st day of April,
(c) references to the dates •pecified in lections 394 (3) (a), 195 C<5) and 618 shall be construed as references to the commencement of this Act in that Union territory ;
(d) reference to the 15th day of August, 1956, in sub-section (4) of section 325 shall be construed as a reference to the date of expiry of three months from the commencement of this Act in that Union territory ,
(e) references to the 13th day of August, i960, in section 330 and sub-section (1) of lection 332 shall bo construed as references eiw 1i t t t t t GAZETTE OF INDIA EXTRAORDINARY 26^ Ywr 1 1956 1956 1956 1956 1956 1956 1956 1956 No.
2 30 33 48 49 53 61 69 1 0 2 Short title The Hindu Succession Act, 1916 The Inter-Stare Water Disputes Act, 195S.
The National Highways Act, 1956 The River Board* Act, 1956 The Lok Sahayak Sena Act, 1956 The Khadi and Village Industries Commission Act, 1956.
The Terminal Tax on JUilwflf Pwscngers Act, T956.
The Indian Medical Council Act,
1956.
Modifications 4 to the date of expiry of two years from the commencement of this Act in that Union territory ;
(f) reference to the let day of March, 1938, in section 361 sh«U be construed as a reference to the let day of March. 1964-"-
(fl) In section 3 (/) ("), after Bub-clauso tj) oi clause (/) insert— "or (/) in the Union territory of Pondicherry or any p*u thereof, before the commencement oi the Indian Companies Act, 1913, therein ;".
In section 2, after subsection (a), Insert— "{aA) Notwithstanding anything contained in sub-section (r), nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry. .
(»)Any reference to a citteen of India in the Act shall be construed as including a reference to a penon of Pondicherry origin who has opted to retain bin French nationality In 176 TSJE GAZETTE OF INDIA EXTRAoRDlfcrAftV [PART It Year I 1957 1957 1957 1957 T957 1957 1957 No.
2 14 2 0 23 46 58 62 «7 Short title 3 The Copyright Act, 1957 The Coal Bearing Areas (Acquititlon and Development) Act, 1957.
The Railway Protection Force Act,
1957.
The Cantonments (Extension of Rent Control Laws) Act, 1957.
The Additional Duties of Ewaae (Goodi of Special Importance) Act, 1957- The Navy Act, 1957 The Mines and Minerals (Regulation «nd Development) Act, 1957.
Modifications 4 pursuance of the Treaty of Cession ;
(if) In sub-section (-2) of section 13, omit tht word "and" at the end of clause (a) and insert the following «» clause (e>- "and
(c) before the 16th day of August, 19^2, by a medical Institution in the former French Establishments in India," ;
(Hi) Omit the following entries from the Second Schedule- "Pondicherry Medical School, Pondicherry...
Medicine de 'Ecole dc Pondicherry (Diploma.).";
(iv) At the end of Part I of the Third Schedule, add the following— "Ecole de Medicine...
Diploma de Ecole Medicine, Pondicherry...
D.E.M.P.".
Sub-section (:) of sectlot 16 and section 30A shal have effect as it for the words and figures "before the 25th dayol October, 1949", th« word* "before the commencement of this Act' were substituted.
SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 2-71 Year 1 1958 t958 1958 1958 1959 t959 1959 I9J9 1959 i960 i960 1961 1961 196T ig6T 1961 No.
2 24 27 3^ •43 44 23 31 43 46 54 59 60 23 27 47 5- 53 Short title 3 Th" Ancient Monuments and Archaeological Sites and Remains Act, 1958.
The Mineral Oils (Additional Duties of Excise and Custom1)) Act, 1958.
The Public Premisei (Eviction of Unauthorised Occupants) Act,
1958.
The Trade and Merchandise Marks Act, 1958, The Merchant Shipping Act, 1958 The Coit and Works Accountants Act, 1959.
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.
The Oil and Natural Gas Commission Act, 1959.
The Government Savings Certificates Act, 1959.
The Arms Act, 1959.
The prevention of Cruelty to Animals Act, i960.
The Children Act, i960.
The Criminal Law Amendment Act, 1961.
The Motor Transport Workers Act,
1961.
The Deposit Insurance Corporation Act, 1961, The Apprentices Act, 1961 The Maternity Benefit Act, 1961- Modifications 4 330 G of I Ex—5.
272 THE GAZETTE OF INDIA EXTRAORDINARY [PART II — fl*C. 11 THE SECOND SCHEDULE (See section 4)
1. All laws relating to Fete Legale (Legal Holidays).
2. All laws x-elating to local banishment and in particular—
(i) Law of 9th July, 1852;
(U) Article 19 of Law dated the 27th May, 1885;
(iii) Decree dated the 30th October, 1935;
(iv) Act No. 50-374 dated the 29th March, 1950;
(u) Arrete No. 1434 dated the 28th September, 1950.
S. RADHAKRISHNAN, President.
R. C. S. SARKAR, Secy, to the Govt, of India.
ERRATA
1. In the Agricultural Refinance Corporation Act, 1963 (10 of 1963) as published in the Gazette of India, Extraordinary, 1963, Pt. II, Section 1, dated March 25, 1963- Page 75— In the substituted clause (era) of Item 1 of the Second Schedule, line 2, for "the" read "this".
2. In the Finance Act, 1963 (13 of 1963) as published in the Gazette of India, Extraordinary, 1963, Pt. II, Section 1, dated April 29, 1963- Page 152— In the First Schedule, in clause (a) of Paragraph C, line 1, for "of" read "for".
MINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS NEW DELHT AND PUBLISHED BY TH1 MANAGER OF PUBLICATIONS, DELHI 1963