[Received the assent of the Governor on the 6th October 1960, first published in the Fort St. George Gazette on the 12th October 1960 (Asvina 20, 1882)]
An Act further to amend the (These words were substituted for the word 'Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [Tamil Nadu] Places of Public Resort Act, 1888.
WHEREAS it is expedient further to amend the (These words were substituted for the word 'Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [Tamil Nadu] Places of Public Resort Act, 1888 [Tamil Nadu] Act II of 1888), for the purposes hereinafter appearing;
Be it enacted in the Eleventh Year of the Republic of India as follows:—
1. Short title.
This Act may be called the (These words were substituted for the word 'Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [Tamil Nadu] Places of Public Resort (Amendment) Act, 1960.
(The amendments made by these sections have been incorporated in the principal Act, viz., Tamil Nadu Act II of 1888.)
2. Repeal.
(1) Any law corresponding to the principal Act as amended by this Act in force in the transferred territory immediately before the date of the commencement of this Act including the Travancore-Cochin Places of Public Resort Act, 1951 (Travancore-Cochin Act VIII of 1951), hereinafter in this section referred to as the corresponding law),shall stand repealed on the date of such commencement.
(2) The repeal by sub-section (1) of the corresponding law shall not affect—
(a) the previous operation of the corresponding law or anything done or duly suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the corresponding law; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the corresponding 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.
(3) Subject to the provisions of sub-section (2), anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule framed, or licence granted under the corresponding law shall be deemed to have been done or taken under the principal Act as amended by this Act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under the principal Act as amended by this Act.
(4) Unless the context otherwise requires, the 1[Tamil Nadu] General Clauses Act, 1891 (These words were substituted for the word 'Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [Tamil Nadu] Act I of 1891), shall apply for the interpretation of the principal Act as amended by this Act and as in force in the transferred territory.
(5) For the purpose of facilitating the application of the principal Act as amended by this Act in the transferred territory, any court or other authority may construe the principal Act as amended by this Act 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.
(6) Any reference to the corresponding law in any law which continues to be in force in the transferred territory after the date of the commencement of this Act shall, in relation to that territory, be construed as a reference to the principal Act as amended by this Act.
(7) Any reference, by whatever form of words, in any law which continues to be in force in the transferred territory to any authority competent at the date of the commencement of this Act to exercise any powers or discharge any functions in the transferred territory shall, where a corresponding new authority has been constituted by or under the principal Act as amended by this Act, have effect as if it were a reference to that new authority.
(8) (a) If any difficulty arises in giving effect to the provisions of this Act or of the principal Act as amended 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.
(b) All orders made under clause (a) shall, as soon as possible after they are made, be placed on the table of both Houses of the Legislature and shall be subject to such modifications by way of amendment or repeal as the Legislature may make either in the same session or in the next session.
Explanation.— For the purposes of this section—
(1) the expression "date of the commencement of this Act" means—
(i) in relation to any municipality, the date on which this Act is published in the “Fort St. George Gazette"; and
(ii) in relation to any other local area, the date specified in the notification under section 1, sub-section (2) (b), of the principal Act as amended by this Act;
(2) the expression 4'transferred territory" means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district. |
