The provisions of S.3 of the Reduction Act clearly show that any action taken prior to the coming into force of the Reduction Act will have to continue and will take effect under the provisions of the Parent Act as if the Parent Act had not been amended by the Reduction Act.

NAINAR SUNDARAM, J. :- This is reference made to Full Bench by K.M.Natarajan, J. As we could see from the order of reference by the learned single Judge, the main question that requires resolution by us is as to whether the provision of Section 21-A inserted by the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act 17 of 1970, hereinafter referred to as the Reduction Act, into the Tarnil Nadu Land Reforms (Fixation of Ceiling on Land) Act 58 of 1961, hereinafter referred to as the Parent Act, is applicable to the proceedings initiated already under the Parent Act and pending at the time of coming into force of the Reducation Act. The other question relates to the applicability of amendments to effects (sic) similar to Section 21-A introduced in S.3(14) of the Parent Act by the Reduction Act, to pending proceedings. We shall not trouble ourselves with the details of the facts of the case in view of the scope of the questions referred for our answer. The learned single Judge, who made the order of reference to the Full Bench was obliged to do so, because be found a conflict of views on the questions between pronouncements of this Court and specifically between two pronouncements of Division Benches of this Court, other pronouncements being those of learned single Judges. The petitioner in the Revision wants to avail of S.21-A inserted into the Parent Act by the Reduction Act so as to save certain transfers in favour of his minor sons, which according to him, will come within the purview of that provision. The petitioner also wants to say that by virtue of the amendments to S.3(14) concerning such transfers, his minor sons would go out of the ambit of his family. By the amendments introduced by the Reduction Act into S.3(14) of the Parent Act, by virtue of transfers specified therein, minor sons and other specified persons, in whose favour the transfers are effected would fall outside the ambit of family. Section 21-A so introduced also saves such specified transfers.

2. The general rule is when an amendment is introduced in the statute governing the case already pending, the rights and obligations of parties should be decided only according the law, which existed when the action was begun, unless a clear contrary intention is evident in the Amending Act. There could not be imputation of retrospective operation to an Amending Act and that could be done only by the Amending Act either expressly or by necessary implication. But here we find that the Amending Act has indicated that the amendments introduced shall have only prospective operation and pending proceedings should continue as if the Amending Act had not been passed. In this context, we are bound to take note of S.3 of the Reduction Act, which, as a whole, reads as follows :

"3. Saving:- (1) Subject to the provisions of sub-sec. (2) any action taken (including any order made, notification issued decision or direction given, proceeding taken, liability or penalty incurred and punishment awarded) under the provisions of the Principal Act before the date of the publication of this Act in the Fort St. George Gazette, may be continued or enforced after the said date in accordance with the provisions of the Principal Act as if this Act had not been passed.

(2) Nothing in sub-sec. (1) shall be deemed to entitle any person whether or not such person is a party to any proceeding mentioned in sub-section (1), to hold after the 15th day of February, 1970, land in excess of the ceiling area under the Principal Act as modified by S.2 and the provisions of the Principal Act as modified by S.2 shall, after the said date, apply to such person."

3. In Abdul Gani v. State of Tamil Nadu, (1975) 1 Mad LJ 67, Ismail. J., as he then was, opined that sub-sec. (1) of S.3 of the Reduction Act clearly shows that any action taken prior to the coming into force of the Reduction Act will have to continue and mill take effect under the provisions of the Parent Act as if the Parent Act had