Pondicherry (Administration) Ordinance, 1962

EXTRAORDINARY PUBLISHED BY AUTHORITY BART HI-Section 1. -- --- -- --_- ___.__l___ _-+ - No, go] NEW DELHI, TUESDAY, NOVEMBER 6, xg6a/KAItTIKA 15, 1884 - - - -- - - -- -- -- - --- - - -- - - MINISTRY OF LAW (1,egislative Department) New Delhi, the 6th November, 1962/Karfika 15, 1884 (Saka) THE PONDHCMEKRY (ADMTNISTRATION) ,__ ._ - - - OR DHNANCI3, 1962 - - No. Sol; 1gGz ~Promill~'d.ied by the President in the Thirteenth Year of the Republic of India. An Ordirlance ~o provide for the administration of Pondicherry -, bj and for matters connected therewith. WHEREAS Parliament is not in session and the President is satisfied %that circumstances exist which render it necessary for him to take immediate action; Now, THX~IE~ORE, in exercise of the powers conferred by clause (1) of article 123 of the. Constitution, the President is pleased to proniulgate the following Ordinance : - 1. (1) This Ordinance may be called the Pondicherr~ (Administra- Short title, Ltion) Ordinance, 1962. extent and commence- ment. (2) It extends to the whole of Pondicherry. (3) It shall be deemed to have come into force on the 16th day of August, 1962. 2. In this Ordinance, unless the context otherwise requires,- Deftnilionu. (a) "Administrator" means the Administrator of Pondicherry appointed by the President under article 239 of the Constitution; (b) "appointed day" means the 16th day of August, 1962, being the date of entry into force of the Treaty of Cession; (c) "former French Establishments" mean the territories which immediately before the appointed day were comprised in the French Establishments in India known as l'ondichcrry, Karikal, Mahe and Yanam; (13) "High Court' means the High Court at Madras; ( e ) "law" means any Act, Ordinance, Regulation, rule, order, bye-law, decree or other provision (by whatever name called) having the force of law; ( f ) "Pondicherry'means the Union territory :onlprising the territories of the former French Establishments; (g) "Treaty of Cession" means the treaty concluded between France and In'dia on the 28th day of Mag, 1956, establishing the cession of the French Establishments by France to India in full sovereignty. Officers and 3. Without prejudice to the powers of the Central Government to tunctionaries 1x1 relation to appoint from time to time such officers and authorities as mag be necessary for th? administration of Pondicherry, all courts, tribunals, authorities and officers, whether in India or in the former French Establishments, who, immediately before the appointed day, were exercising lawful functions in connection with the administration of those Establishmerjts or any part thereof, including the Council of Government and the Representative Assembly, shall, unless otherwise directed at any time by the Central Government or the Administrator in relation to any such court, tribunal, authority or officer, or until other provision is made by law, continue to exercise in connection with the adi~iinistration of Pondicherry their respective powers and jurisdiction and perform their respective duties and functions in the same manner and to the same extent as before the appointed day with such altered designation, if any, as that Government may determine. Contir~uance 4. (1) All laws in force immediately before the appointed day in of existing laws and the former French Establishments or any part thereof shall continue their adap- t, be in force in Pondicherry until amended or repealed by a compe- tation. tent Legislature or other competent authority: Provided that references in any such law to the President or Government of the French Republic shall be construed as references to the Central Government, references to the Governor of the French Establishments In India, to the Commissioner of the Republic far the French Establiskments in India, to the Chief Commissioner for the French Establishments, to the Chief Commissioner of the State of Pondicherry or to the Chief Commissioner, Pondicherry shall be construed as references to the Administrator of Pondicherry and references to the State of Pondicherry shall be construed as references to Pondicherry. (2) For the purpose of facilitating the application of any such law in relation to the administration of Pondicherry and for the purpose of bringing the provisions of any such law into accord with the provi- sions of the Constitution, the Central Government may, within three years lrom the appointed day, by order, make such adaptations and modifications, whether by way of repeal or amendment, as may be necessary or cxpedient and thereupon every such law shall have effect subject to the adaptations and modifications so made, 5. For the avoidance of doubt, it is hereby declared that all pro- Property and perty and assets within Pondicherry which, immediately before the assets. appointed ciay, vested in the Government of the French Republic shall, save as otherwise expressly provided in the Treaty of Cession, vest in the Union. 6. Subject to the provisions of the Treaty of Cession, all rights, Rights. and liabilities and obligations of the Government of the French Republic obllgatlons. h relation to or arising out of the administration of the former French Establishments shall, as from the appointed day, be the rights, liabilities and obligations of the Central Government. 7 All taxes, duties, cesses and fees which, immediately before the ~~~~$~~ appointed day, were being lawfully levied in the former French taxes. Establishments or any part thereof shall continue to be levied in Pondjcherry and to be applied to the same purposes, until other provision is made by a competent Legislature or other competent a nthority. 8. The Central Government may, by notification in the Ufficial loex- tend enact- Gazette, extend with such restrictions and modifications as it thinks ments to fit, to Polldicherry any enactment which is in force in a State at the Pondlcherry. date of the notification. 9. As from the date of promulgation of this Ordinance, .the juris- Extension of diction of the High Court shall extend to Pondicherry. the jurisdic- tion of Mad- ras High Court to Pondicherry. 10. (1) Without prejudice to the generality of the provisions of Jurisdic!lon of High section 9, the High Court shall have, in respect of Pondicherry, all court. such jurisdiction as under the law in force immediately before the appointed day was exercisable in respect of the former French Establishments by the Cour de Cassation, the Ccur Superieur d' Arbitrage and the Conseil d' Etat of France: Provided that while determining appeals from decisions of courts and tribunals in Pondicheriy, the High Court shall, as far as may be, follow the same procedure and have the same power to pass any judgment, decree or order thereon, as it follows and has while deter- mining appeals from decisions of courts in the State of Madras. (2) All appeals and other proceedings from or in respect of 6 . n ~ judgment, decree or order of any court or tribunal in the fcamer French Establishments pending immediately before the appointed day before the Cour de Cassation or the Cour Supericur d' Arbitrage or the Conseil d' Etat of France and all original proceedings in relation to those Establishments pending immediately before the appointed day before the Conseil d' Etat shall, by virtue of this Ord~uance, stand transferred to the High Court and shall be disposed 01 by the High Court in the exercise of jurisdiction conferred on it by this Ordinance, as If such appeals and other proceedings bad been filed before the High Court. E,cplanutiol~.--All appeals and other proceedings filed before the appointed day but not transmitted to the Cour de Cassation or the Cour Superieur d' Arbitrage or the Conseil d' Etat shall be deemed to be appeals or ~roceedings, as the case may be, pendin,: before that Court for the purposes of this sub-section. Advocates 11. Notwithstanding anything contained in the Advocates Act, to 1961, but subject to such rules as may be framed by the High Court, 25 of 1961 practise before High any person who is entitled to practise before the Tribunal Superieur Court. d' Appel at Pondicherrg shall be recognised as an advocate entitled to practise in the High Court in relation to cases coming before ihc High Court from Pondicherry. Power OE 12. The High Court may, from time to time, make rules, consistent High Court with this Ordinance, to provide for all or any of the following to make rules. matters, namely:- (a) the translation of any papers filed in the High Court and the reparation of paper books for hearing all appeals and the copying, typing or printing of any such papers or translatien and the recovery from the persons at whose instance or on xvhosn behalf papers are filed of the expenses thereby incurred; (b) the court-fees payable for instituting proceedings in the High Court, the fees to be charged for processes issued by the High Court or by any officer of the court and the amount payable' in any proceeding in the High Court in respect of fees of the advocate of any party .to such $ceeding; (c) '111~ P I O C ~ ~ U I C 10 be foliowed, ~ r ~ c li1gi.1 CourL; (d ) llle approval, adrnlsslorr, eninrent, xernoval arid bus- penslon oi advo,:a~es Lroin ponulchcir 113. (1) Every order or decree plirpurtebo lidve v3t:en made by the Validation Lour ue ~ d , , d ~ l o ~ l , i,ne Lour ;juperleur &b~ .~ rage CIS trle Coase~l of cer~aill d' h ta t 01 brancc dur1rq-g thf period c o m r ~ k c ~ ~ l g on ihc first day and decrees. Noven~ber., 1934, dnci elrulng on llle aPp,m,eu udy, 111 any appeal or Otner p r o ~ e e d ~ n g lr.orn, or In respeci any judgment, decree or order oL any court, t r~bunal or otuer aulorli,y In tne l o ~ m e r krench bsta~llsnri~ents shall be deemed to &vc been validly made, ln accordance wrch law; and shall lor allpurpo:,es have eliect as d ~t were an order or decree made by ille jlgh Court in the exercise of the jurisdiction conlerred by this Ordlance. ( 2 ) Notwithstanding anytklng ccztnrned in sub-section ( l ) , where any declslon has been rendeyedalter the 1'7th March, lSbU, by any court in Prance in ally case ,* which the xespondenl, had no opportunity to appear tor want oi servlcc 0.t sutrlinons transmitted through the AciminlstraI,lon 01 tile forcler French li;stabllshments, such declslun snall be deemed llcver. to have been rrndcred and shall be deccned to be pending beiorc the court uy wfiich suck1 ci(%:slon was rendered and accordingly stand translerred la the E1:gkl Court or, as the case rrlay be, to the court in pondiehcrry corresponding to the court an E'xancbe ~n which the case shall be deemed to be pcndmg. (3) As soon as may be after the datcl 0:' prorrbu1,Tation of this Ordinance, tile Adrnlnrslrator shall transnut w Lhe fllgh Court O r , as the case may be, to the corresponding court, the record of every such case as is referred to in sub-scci~on ( Z ) ? L(3getj1cr with a certl- ficate that the summons in that case was not served on the respon- dent. 14. ( 9 ) The periods of lil~lltation for appeals to ?be High Court Limitation shall be as set ant below.- for appeals. ..-. b'criod oi' i 11nc Srom which period S . No. IJc,cr;peioil of appeal lin-~itatiol~ bcgiris to run r. Civil Appccil agailist :rr.y j ~ ~ d g - 90 days men1 or ordcr. a. Ciilnical Appcal against a sen- 7 clays tencc of dcaih. 3. Criiniiia1 Appcal ugailist ally 30 day:; sei,t.cllcc or o,cier other than a scrltcncc of dcath. 4. Cril.nil,al Appeal againsl: an 90 d ~ y s order of acquittal. 5. Labour Appeal under scc~ion 30 days 207 of thc French Labour C(>dc, 1952. 6 . Labour Appeal under sectioi~ 30 days 216 of the French Labour Csde, 1952. 7. Appeal against a julgment or 90 days ordcr of the Admu istrative 'Tribunal at Pondicherry. 'I hc date or the judgmci~t us order. 'I'he date of sentence. i'hc dltc of the orcicr of acquittal. 'The date ol the judgment or ortier. 'rhe date on which the rcporr a,id ihe recornmclldation of the expert are co~nllluilicatcd to the pbrLy appealing. The date of the judgmcnt or order. (-) Except In the c; o[ a Crinzlnal Appeal against a sentence of death, In computing period of limitation, the time taken for o!Jlalnlllg a certified cop;,^ tile judgmcnl, order; report and recorn- in(:ndallon, appe-?leil a g q . as tkle case *nay be, shall be excluded. (3) In the case of an akal preferred by an accused person undel sentence and in custody, t, date on which he lodges the memoran- dum of appeal with the &erlntendent of the Jail in which he is detained shall be deemed tqe the date ol' prcxsc!nbalion of the appeal In (,he High Court. (4) Any appeal may be dmltted after the yerlod ol llnlitation prescribed therel'or when the appellant satisfies t4lC Court that he had sufl~cient cause for [lot prferrixlg the appeal within such period. Savjn- i ~ i 15. In computing the peiiod,i ~lmrtai.iox~ under section 14 or under l rnitJtlOn any other law, any period durllg which an appeal could not be filed certalii :,1,cs. or a proceedmg could not be nstltuted because tnc jur~sdictlon of the high Court did not extend to pond1cherx.y shall be excluded. Rule of 16. References in any law in force m pondlcherry to the Cow de C ~ ~ l l S t l L1ctlon. eassat~on, the Cour Superleur d> Arbitrage or the Conseil d' Etat :;hall be construed as references lo tile High Court. I ~ O W C I L O 11. For the purpose of SacilitaLing the application of any law in co I ~ ~ T U C relation to Pondicherry, any court or other authority may construt: 1 ~ ~ 5 . any such law in such manner not aiyectlng tne substance, as may be necessary or proper to adapt ~t to nlatter before the court or other authority. ~ ~ e c t of 18. The provisions ol t h ~ s Ordinance shall. have eiieet notwith- Other l ~ ~ ' a , standing anything inconsistent thercwlih contained in any other law In force in Pondlcherry. I1ower to remove 19. (I) If any difficulty ariscs In giving ef-lect to the provisions of diTicultie9. this Ordinance, the Central Government may, by order published in the Official Gazette, make any such provisions as appear to i t to be necessary or expedient for removing the difficulty. ( 8 ) Any order under sub-section (1) may be made so a s to be retrospective to any date not earlier than the appointed day. X. RADHAKRISHNAN, President. R. C. S. SARKAR, Secy. to the Gout. of India,