S.1 Short title

This Act may be called The Pondicherry (Extension of Laws) Act, 1968.

S.2 Definitions

       In this Act, unless the context otherwise requires,-
       (a) "Act" means an Act or the Ordinance specified in the Schedule;
       (b) "Administrator" means the administrator of Pondicherry appointed by the President under Art. 239 of the Constitution;
       (c) "Pondicherry" means the Union Territory of Pondicherry.

S.3 Extension with amendments of certain laws to Pondicherry and their commencement therein

       (1) The Acts specified in Part I of the Schedule as they are generally in force in the territories to which they extend and the Acts specified in Part II of the Schedule as they were in force on the 1st day of August, 1966, in the State or Union Territory mentioned there against shall extend to Pondicherry, subject to the modifications, if any, specified in the Schedule.
       (2) Notwithstanding anything contained in sub-section (1), or in the relevant provision, if any, of each such Act for the commencement thereof, the provisions of each such Act shall come into force in Pondicherry on such date as the Administrator may, by notification in the Official Gazette, appoint:
       Provided that different dates may be appointed for different provisions of any Act and any reference in any such provision to the commencement of the Act shall be construed

S.4 Repeal and saving

       (1) Any law in force in Pondicherry or any area thereof corresponding to any Act referred to in sub-section (1) of section 3 or any part thereof (except in so far as such law continues to be applicable to Renoncants) shall stand repealed as from the coming into force of such Act in Pondicherry.
       (2) Nothing in sub-section (1) shall effect-
       (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or
       (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or
       (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
       (d) any investigation, legal proceeding or re

S.5 Extension of rules, orders, etc., under certain laws

All rules, notifications, orders, regulations and bye-laws made or issued by the Central Government under the provisions of any Act generally for the territories to which such Act extends shall as from the commencement of the provisioins of such Act in Pondicherry, extend to, and come into force in, Pondicherry.

S.6 Rules of construction

       (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 Act,-
       (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 corresponding functionary, the Administrator 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 a

S.7 Power to remove difficulties

       If any difficulty arises in giving effect in Pondicherry to the provisions of any Act extended by this Act to Pondicherry, the Central Government may, as occasion may require, by order, make such provisions or give such directions not inconsistent with the provisions of such Act as appear to it to be necessary for the purpose of removing 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 in Pondicherry to any corresponding court, tribunal or authority for disposal :
       Provided that no such order shall be made under this section in respect of any Act after the expiration of two years from the date on which such Act comes into force in Pondicherry and in respect of an Act, the provisions of which are brought into force in Pondicherry on different dates, the pe

Sch.1 SCHEDULE

       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, 1950.
       1850 18 The Judicial Officers Protection Act, 1850.
       1850 21 The Caste Disabilities Removal Act, 1850.
       1851 8 The Indian Tolls Act, 1851.
       1855 12 The Legal Representatives' Suits Act, 1855.
       1855 13 The Indian Fatal Accidents Act, 1855.
    &n

Legal Commentary on Pondicherry (Extension of Laws) Act, 1968 - Section 1

Introduction

The Pondicherry (Extension of Laws) Act, 1968, was enacted by Parliament to extend certain Central Acts to the Union Territory of Pondicherry. Section 1 of the Act establishes the short title and scope of the Act, setting the foundation for the extension of laws within the territory.

What does Section Say

Section 1 of the Act provides:- The short title of the Act as the "Pondicherry (Extension of Laws) Act, 1968".- It authorizes the extension of specified Central laws to Pondicherry.- It lays down the legal basis for extending laws through subsequent sections and schedules.

Essential Ingredients

• The Act must specify the laws to be extended.
• The extension is applicable to the Union Territory of Pondicherry.
• The extension can be with or without amendments.
• The Act provides the legal authority for such extensions, ensuring they are enforceable within Pondicherry.

Scope of Section

• It applies to laws listed in the Schedule appended to the Act.
• The scope includes laws related to civil, criminal, procedural, and other branches of law.
• It excludes certain laws, such as those relating to the renunciants of Pondicherry, as specified in the Act.
• The Act's scope is limited to the territorial extent of Pondicherry and its specified areas.

Punishment for Section

• Section 1 itself does not prescribe any punishment.
• Punishments or penalties relevant to the extended laws are governed by the respective laws extended under this Act.
• Violations of laws extended through this Act are subject to the penalties prescribed in those laws.

Legal Comments

• Purpose - The primary purpose is to unify the legal framework of Pondicherry with that of the Union of India by extending central laws [India Code].
• Legal Basis - Section 1 provides the constitutional and statutory basis for law extension, ensuring legal authority for subsequent extensions [India Code].
• Territorial Application - The scope is explicitly limited to the Union Territory of Pondicherry, including specified areas [India Code].
• Scope of Laws - Only laws listed in the Schedule are extended, allowing selective application based on legislative needs [India Code].
• Amendments - Laws can be extended with or without amendments, providing flexibility in legal adaptation [India Code].
• Exclusions - Certain laws, such as those relating to renunciants, are explicitly excluded from extension, respecting local customs and laws [Gowri vs Subbu Mudaliar].
• Repeal and Saving - Section 4 ensures that laws already in force are repealed to prevent conflict, with provisions for ongoing penalties and proceedings [Section 4].
• Legal Continuity - The Act ensures continuity of legal processes by extending existing laws, thus maintaining legal stability [India Code].
• Implementation - The extension process involves notifications and rules issued by the central government, facilitated by the Act [BlinkVisa].
• Legal Hierarchy - The extended laws form part of the legal hierarchy within Pondicherry, subject to modifications and repeals as necessary [India Code].
• Judicial Interpretation - Courts interpret laws extended under this Act in conjunction with local laws, ensuring harmonious legal application [Gowri vs Subbu Mudaliar].
• Policy Implication - The Act reflects a policy of legal integration and administrative efficiency in Union Territories [India Code].
• Limitations - The Act does not automatically extend all central laws; the Schedule specifies which laws are extended, indicating legislative selectivity [India Code].
• Legal Certainty - The clear statutory framework under Section 1 provides legal certainty for citizens and authorities regarding law application [India Code].
• Legal Reforms - The Act allows for future amendments and extensions, facilitating ongoing legal reforms within Pondicherry [India Code].

Note: The references are based on the provided sources, primarily the India Code and related legal judgments, and are formatted as per the specified instructions.