Primary law, Tamil Nadu land law
The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960
The Tamil Nadu Legislature enacted the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960, Act 23 of 1960, to extend specified Tamil Nadu laws to Kanyakumari district and Shencottah taluk of Tirunelveli district, while repealing corresponding local laws. The Act received the President's assent on 18 October 1960 and was first published in the Fort St. George Gazette on 2 November 1960, and its text was later adapted to replace references to Madras with Tamil Nadu.
What the Act does
The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 applies to the transferred territory, defined as Kanyakumari district and Shencottah taluk of Tirunelveli district. It creates a framework for extending specified laws already operating elsewhere in Tamil Nadu to these areas.
The Act comes into force on a date appointed by the State Government through a notification. The supplied text does not identify that notification date.
Who may be affected
The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 may affect residents, property owners, buyers, public authorities and professionals dealing with matters governed by the laws listed in its schedules. The First Schedule shown in the supplied text includes laws concerning rent and revenue sales, tolls, district police, waste lands and cattle trespass, among other subjects.
For a property transaction, the Act may matter where rights, permits, licences, registrations, liabilities or proceedings originated under an earlier corresponding law in Kanyakumari district or Shencottah taluk.
Key provisions
- Laws listed in the First Schedule are extended to the transferred territory where they were already in force elsewhere in Tamil Nadu and concern subjects on which the State Legislature can make laws.
- Laws listed in the Second Schedule are amended as specified there and then extended to the transferred territory.
- Corresponding laws previously operating in the transferred territory are repealed to the extent that they concern matters within the State Legislature's lawmaking power.
- Existing rights, privileges, obligations, liabilities, penalties and legal proceedings under repealed laws are preserved.
- Appointments, notifications, rules, schemes, certificates, permits, licences and registrations made under a corresponding earlier law continue as if made under the newly extended law, until replaced.
- References to repealed or unavailable laws and former authorities are to be read as references to the corresponding laws or newly constituted authorities where applicable.
- Courts and other authorities may make necessary non-substantive adaptations when applying an extended enactment.
- The State Government may extend additional enactments by notification, subject to legislative approval and possible modification or cancellation.
- The Tamil Nadu General Clauses Act, 1867 and the Tamil Nadu General Clauses Act, 1891 are extended to the transferred territory.
- Enactments listed in the Third Schedule are repealed so far as they apply in the transferred territory.
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Common questions
Does this Act apply throughout Tamil Nadu?
Its extension provisions specifically concern Kanyakumari district and Shencottah taluk of Tirunelveli district, which the Act defines as the transferred territory.
Did existing property related permits or registrations automatically become invalid?
No. Permits, licences, certificates and registrations made under corresponding earlier laws continue under the corresponding extended law unless and until they are superseded.
What happens to rights or legal proceedings created under a repealed local law?
Rights, obligations, liabilities, penalties and legal proceedings are preserved. Proceedings may be started, continued or enforced as if the repealing legislation had not been passed.
Can the State Government extend more Tamil Nadu laws to the transferred territory?
Yes. The State Government may do so by notification, with restrictions or modifications, but the notification must be placed before the Legislature for approval.
