Primary law, Tamil Nadu land law
The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965
The Tamil Nadu Legislature enacted The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965, Act 22 of 1965, effective from 1 January 1965, to extend specified State laws to Kanyakumari district and Shencottah taluk of Tirunelveli district, amend certain enactments and repeal corresponding territorial laws. The reproduced text includes later adaptations replacing references to Madras with Tamil Nadu.
What the Act governs
The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 applies to the transferred territory, defined as Kanyakumari district and Shencottah taluk of Tirunelveli district. It was designed to bring specified laws already operating elsewhere in Tamil Nadu into force in that territory.
An existing law includes a law, Ordinance, Proclamation, regulation, order, by-law or rule made before the Act commenced by a competent legislature, authority or person.
Laws extended or changed
The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 provides that:
- Enactments in the First Schedule that were already in force elsewhere in Tamil Nadu are extended to the transferred territory, so far as they concern matters on which the State Legislature can make laws.
- The First Schedule lists the Tamil Nadu Local Authorities' Loan Act, 1888, the Madras City Tenants' Protection Act, 1921, and the Tamil Nadu Electricity Supply Undertakings (Acquisition) Act, 1954.
- Enactments in the Second Schedule are amended as specified there and extended to the transferred territory.
- References to laws not operating in the transferred territory are to be read as references to corresponding laws operating there, where available.
- References to former authorities are to be read as references to newly constituted authorities exercising the relevant functions.
The Second Schedule includes changes to the Indian Fisheries Act, 1897 concerning fishing regulations, licences and the attraction of prawns into private waters. It also applies a recovery remedy under the Local Authorities Loans Act, 1914 to certain earlier loans made by the former State of Travancore or Travancore-Cochin to local authorities in the transferred territory.
Repeal and protection of earlier rights
The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 repeals corresponding laws operating in the transferred territory to the extent that the State Legislature could legislate on the relevant subject.
The repeal does not undo earlier lawful actions. It preserves:
- Previous operation of a repealed law.
- Rights, privileges, obligations and liabilities already acquired or incurred.
- Penalties, forfeitures and punishments connected with earlier offences.
- Investigations, legal proceedings and remedies relating to preserved rights or liabilities.
Relevance to property owners and buyers
Property owners should check the Act where land or rights are located in Kanyakumari district or Shencottah taluk and depend on a listed enactment or an earlier corresponding Travancore or Travancore-Cochin law. The source is a PRS Legislative Research copy and advises consulting the relevant State department, latest government publication or gazette notification for authoritative text.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Act apply to all of Tamil Nadu?
Its territorial extension provisions concern Kanyakumari district and Shencottah taluk of Tirunelveli district, which the Act defines as the transferred territory.
Does the Madras City Tenants' Protection Act, 1921 apply in the transferred territory?
The Madras City Tenants' Protection Act, 1921 is listed in the First Schedule for extension to the transferred territory, so far as it was in force elsewhere in Tamil Nadu and concerned matters within the State Legislature's power.
Were rights created under earlier territorial laws cancelled?
No. The savings provisions preserve previous operations, acquired rights, obligations, liabilities, penalties and related legal proceedings or remedies.
Does the Act regulate private waters used to attract prawns?
The Second Schedule adds provisions requiring a licence for attracting or allowing prawns to migrate into private waters from notified waters, using sluices, openings, lights or other contrivances.
