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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

PART II—Section 1

No. 50] NEW DELHI, TUESDAY, NOVEMBER 6, 1962/KARTIKA 15, 1884

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 6th November, 1962/Kartika 15, 1884 (Saka)

THE PONDICHERRY (ADMINISTRATION) ORDINANCE, 1962

No. 8OF 1962

Promulgated by the President in the Thirteenth Year of the Republic of India.

An Ordinance to provide for the administration of Pondicherry 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, THEREFORE, in exercise of the powers conferred by clause (l; of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —

1. (I) This Ordinance may be called the Pondicherry (Administra- tion) Ordinance, 1962.

Short title,

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,—

Definitions,

(a) "Administrator" means the Administrator of Pondicherry appointed by the President under article 239 of the Constitution'

( 355 )

(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 Pondicherry, Karikal, Mahe and Yanam;

(d) "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 comprising the territories of the former French Establishments;

(fiO '"Treaty of Cession" means the treaty concluded between France and India on the 28th day of May, 1956, establishing the cession of the French'Establishments by France to India in full sovereignty.

Officers and functionaries in relation to Pondicherry.

3. Without prejudice to the powers of the Central Government to- appoint from time to time such officers and authorities as may be necessary for tha 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 Establishments 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 administration 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.

Continuance of existing l"w" and their adap- tation.

4. (I) All laws in force immediately before the appointed day in the former French Establishments or any part thereof shall continue to be in force in Pondicherry until amended or repealed by a compe- 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 for the French Establishments in India, to the Chief Commissioner for the

French Establishments, to the Chief Commissioner of the State of Pondicherry or to the Chief Commissioner, Pondieherry shall be construed as references to the Administrator of Pondi'cherry 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 Irom the appointed day, by order, make such adaptations and modifications, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations and modifications so made,

Property and assets.

5. For the avoidance of doubt, it is hereby declared that all pro- perty and assets within Pondicherry which, immediately before the appointed day, vested in the Government of the French Republic shall, save as otherwise expressly provided in the Treaty of Cession, vest in the Union.

Rights and obligations.

6. Subject to the provisions of the Treaty of Cession, all rights, liabilities and obligations of the Government of the French Republic :n 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.

Continuance of existing taxes.

7. All taxes, duties, cesses and fees which, immediately before the appointed day, were being lawfully levied in the former French Establishments or any part thereof shall continue to be levied in Pondicherry and to be applied to the same purposes, until other provision is made by a competent Legislature or other competent authority.

Power to ex- pend enact- ments to Pondicherry, 8. The Central Government may, by notification in the Ufficial Gazette, extend with such restrictions and modifications as it thinks fit, to Pondicherry any enactment which is in force in a State at the date of the notification.

9. As from the date of promulgation of this Ordinance, the juris-

diction of the High Court shall extend to Pondicherry.

Extension of the jurisdic- tion of Mad- ras High Court to Pondicherry, Jurisdiction of High Court.

10. (1) Without prejudice to the generality of the provisions oi section 9, the High Court shall have, in respect of Pondicherry, all 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 Cour Superieur d' Arbitrage and* the Conseil d' Etat of France:

Provided that while determining appeals from decisions of courts and tribunals in Pondicherry, 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 s.ny judgment, decree or order of any court or tribunal in the i'c.rmer French Establishments pending immediately before the appointed day before the Cour de Cassation or the Cour Superieur 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 Ordinance, stand transferred to the High Court and shall be disposed of by the High Court in the exercise of jurisdiction conferred on it by this Ordinance, as if such appeals and other proceedings had been filed before the High Court.

Explanation.—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 proceedings, as the case may be, pending before that Court for the purposes of this sub-section.

25 of I96t- Advocates entitled to practite before High Court,

11. Notwithstanding anything contained in the Advocates Act, 1961, but subject to such rules as may be framed by the High Court, any person who is entitled to practise before the Tribunal Superieur d' Appel at Pondicherry shall be recognised as an advocate entitled to practise in the High Court in relation to cases coming oefore the High Court from Pondicherrv.

Pcrwef of High Court to make rules.

12. The High Court may, from time to time, make rules, consistent with this Ordinance, to provide for all or any of the following matters, namely:—

(a) the translation of any papers filed in the High Court and the preparation of paper books for hearing all appeals and the copying, typing or printing of any such papers or translation and the recovery from the persons at whose instance or on whoso "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 proceeding;

(c) the procedure to be followed in the High Court; {d) the approval, admission, enrolment, removal and sus-

pension of advocates from Pondicherry.

Validation of certain orders and decrees.

13. (1) Every order or decree purported to have been made by the Cour de Cassation, the Cour Superie-ur d' Arbitrage or the Conseil d' Etat of France during the period commencing on the ilrst day of November, 19Q4, and ending on the appointed ciay, in any appeal or other proceeding from, or in respect of any judgment, decree or order of any court, tribunal or other authority in tne former French Establishments shall be deemed to have been validly made, in accordance with law; and snail tor all purposes have effect as if it were an order or decree made by the High Court in the exercise of the jurisdiction conferred by this Ordinance.

(2) Notwithstanding anything contained in sub-section (I), where any decision has been rendered alter the 17th March, I960, by any court in France in any case in which the respondent had no opportunity to appear for want of service of summons transmitted through the Administration of the former French Establishments, such decision snail be deemed never to have been rendered and shall be deemed to be pendmg before the court by which such decision was rendered and accordingly stand transferred to the High Court or, as the case may be, to the court in Pondicherry corresponding to the court in France m which the case shall be deemed to be pending.

(3) As soon as may be after the date of promulgation of this Ordinance, the Administrator shall transmit to the High Court or, as the case may be, to the corresponding court, the record of every such case as is referred to in sub-section (2), together with a certi- ficate that the summons in that case was not served on the lespon- dent.

14. (1) The periods of limitation for appeals to the High Court Limitation for appeals.

shall be as set out below:—

Time from which period

begins to run

Period of

limitation

No. Description of appeal

s.

The date of the judgment or I.

90 days

Civil Appeal against any judg-

order.

ment or order.

2. Criminal Appeal against a sen- 7 days

The date of sentence.

tence of death.

30 days

The date of. the sentence or order.

3. Criminal Appeal agmiiM any sentence or order othcj than a sentence of death.

Criminal Appeal against an 90 days

The date of the order of acquittal. 4-

order of acquittal.

The date of the judgment or

30 days

5.

order.

Labour Appeal under scclion 207 of the French Lubour Code, 1952.

6.

30 days

Labour Appeal under section 216 of the French Labour Code, 1952.

The date on which the report and the recommendation of the expert are communicated to the party appealing.

90 days

Tne date of the judgment or 7-

order.

Appeal against a judgment or order of the Administrative Tribunal at Pondicherry.

(i) Except in the case of a Criminal Appeal against a sentence of death, in computing the period of limitation, the time taken for obtaining a certified copy of the judgment, order, report and recom- mendation, appealed against, as the case may be, shall be excluded.

(3) In the case of an appeal preferred by an accused person under sentence and in custody, the date on which he lodges the memoran- dum of appeal with the Superintendent of the Jail in which he is detained shall be deemed to be the date of presentation of the appeal in the High Court.

(4) Any appeal may be admitted after the period of limitation prescribed therefor when the appellant satisfies the Court that he had sufficient cause for not preferring the appeal within such period.

15. In computing the period of limitation under section 14 or under any other law, any period during which an appeal could not be filed or a proceeding could not be instituted because the jurisdiction of the High Court did not extend to Pondicherry shall be excluded.

Rule of construction,

16. References in any law in force in Pondicherry to the Cour de Cassation, the Cour Superieur d' Arbitrage or the Conseil d' Etat shall be construed as references to the High Court.

Power to co.istnie laws.

17. For the purpose of facilitating the application of any law in relation to Pondicherry, any court or other authority may construe any such law in such manner not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

Elect of other laws,

18. The provisions of this Ordinance shall have eliect notwith- standing anything inconsistent therewith contained in any other law in force in Pondicherry.

Power tc remove diqicultiea.

19. (2) If any difficulty arises m giving ertect to the provisions of this Ordinance, the Central Government may, by order published in the Official Gazette, make any such provisions as appear to it to be necessary or expedient for removing the difficulty.

(2) Any order under sub-section (1) may be made so as to be retrospective to any date not earlier than the appointed day.

S. RADHAKKISHNAN,

President.

R. C. S. SARKAR,

Secy, to the Govt. of India.

PRINTED IN INDIA BY THE GENERAL MANAOER, GOVT. OF INDIA PRESS,

NEW DELHI AND PUBLISHED BIT THE MANAGER OF PUBLICATIONS, DELHI, 1JW2,