Tamil Nadu · 1979 · Act 28
The Tamil Nadu Preservation of Private Forests (Extension to Kanyakumari District) Act, 1979
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The Tamil Nadu Preservation of Private Forests (Extension to Kanyakumari
District) Act, 1979
Act 28 of 1979
Keyword(s):
Extension Act, Kanyakumari District, The Tamil Nadu Preservation of Private
Forests Act, 1949
982 Preservation of private ~1979 : T.N. ~ c t 28
Forests (Extension to
Kanyakumari District)
TAMIL NADU ACT NO. 28 OF 1979."
THE TAMIL NADU PRESERVATION OF PRIVATE
FORESTS (EXTENSION TO KANYAKUMARI
DISTRICT) ACT, 1979.
[Received the assent of the President on the 3rd May 1979,
first published in the Tamil Nadu Government Gazette
Extraordinary on the 9th May 1979 (Chithirai 26,
Chitharthi (2010-Tiruvalluvar Andu)).]
- An Act to extend the Tamil Nadu Preservation of Private
Forests Act, 1949 to the Kanyakumari district.
BR it enacted by the Legislature of the Sfate of Tamil
Nai,u in the Thirtieth Year of the Republ~c of India as
follows :-
Short title 1. (1) This Act may be called the Tamil Nadu Preserva - men- tion of Private Forests (Extension to Kanyakurnari
District) Act, 1979.
(2) It shall come into force on such date as the
State Government may, by notification, appoint.
Defiuition. 2. In this Act, unless the context otherwise requires,
"existing law" means any law, Ordinance, Pro clamation,
Regulation or Order, By-law or Rule passed or made
before the date of commencement cf this Act by Parlia-
ment, or by any Legislature, authority or person havmg
power to make such a Law, 0. dinance, Proclamation,
Regulation, Order, By-law or Rule.
Extension of 3. The Tamil Nadu Preservation of Private Forests
Nadu Act, 1949 (Tamil Nadu Act XXVII of 1949), as in force
$\$;."' immediately before the date of commencement of this
Act in the State of Tamil Nadu except the Kanyakumari
District, is hereby extended to, and shall be in force in the
Kanyakumari district.
Repeal of
corresponding 4. If, immediately before the date of commencement
laws. of this Act, there is in force in the Kanyakumari district
any Act, Ordinance, Proclamation, Kegulation, Order,
By-law, Rule or other law corresponding to the enactment
now extended to the Kanyakumari district, whether such
Act, Ordinance, Proclamr.tion, Regulation, Order, By-law,
Rule or other law, is in force by virtue of section 119 of the --- - -- - -
* For Statement of Objects and Reasons, see Tamil Nada
Government Gazette Exfraoxdinary, dated the 7th March 1979,
Part I V-Section 1, Pages 71-72.
I
1979 : T.N. ~ c t 281 ~f esef vation of Prf vate 983
Forests (Extension to
Kanyakumari District)
States Reorganisation Act, 1956 (Central Act 37 of 1956),
or by virtue of any other legislative power, such correspon-
ding law shall, on the date of commencement of this Acb
stand repealed to the extent to which the corresponding
law relates to matters with respect to which the State Legis-
lature has power to make laws for the State.
5. (1) The repeal by section 4 of any corresponding Savinm*
existing law shall not affect-
(a) the previous operation of any such law or
anything duly done or suffered thereunder, or
(b) any right, privilege, obligation or liability
acquired, accrued or incurred under any such law, or
(c) any fine, penalty, forfeiture or punishment
incurred in respect of any offence committed against any ,
such law, or
(d) any investigation, legal proceeding or remedy
in respect of' any such right, privilege, obligation, liability,
fine, penalty, forfeiture or punishment as aforesaid ;
and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced and any such
fine, penalty, forfeiture or punishment may be imposed as
if this Act had not been passed.
(2) Subject to the provisions of sub-section (I), any-
thing done or any action taken including any appointment
or delegation made. notification, order, instruction or
direction issued, rule, regulation, form, by-law or schema
framed, certificate, permit or licence granted or registration
effected, under such corresponding existing law shall be
deemed to have been done or taken under the correspond-
ing provision of the enactment as now extended to, and
in force in, the Kanyakumari Dlstrict and shall continue
in force accordingly, unless and until superseded by any-
thing done or apy action taken under th:! said enactment.
6. (1) Any reference in the enactment now extended $f:o::.",":
to the Kanyakumari District to a law which is not in forcj to laws
in the Kanyakumari District shall, in relation to that inforce in
District, be construed as a reference to the corresponding the Karin-
law, if any, in force in that District. kumat i
Dist rkt,
ConstructiOB
of referenczs
t o authorities
where new
ruthoritles
have been
constituted.
P owers of
courts and
ether autho-
rity for
purpCSCS of
faciliati-
application
of laws.
I
984 preservation of Private [I979 : T.N. Act 28
Forests (Extension to
Kanyakumar i District)
(2) Any reference in any existing law which continues
to be in force in the Kanyakumari District after the date
of commencement of this Act to any law repealed by section
4 shall, in relation to that District, be co~strued as a
reference to tbe enactment now extended to the Kanya-
kumari District corresponding to the law so repealed.
7. Any reference, by whatever form of words, in any
existing law to any authority competent at the date of the
passing of that law to exercise any powers or discharge
any functions in the Kanyakumari District shall, where a
corresponding new authority has been constituted by or
under the enactment now extended to the Kanyakumari
District have effect as if it were a reference to that new
authority.
a 8. For the purpose of facilitati g the application in the
Kanyakumari District of the enactment now extended to
the Kanyakumari District, any court or other authority
may construe such enactment with such alterations not
affecting the substance as may be necessary or proper to
adapt it to the matter before the court or other authority.