 the pondicherry (administration) bill, 1962(as introduced in lok sabma on 19m novbmbbr, 1962)  the pondicherry (administration) bill, 1962 [as introduced in lok sabha]                                         a                                       bill to provide for the administration of pondicherry and for matters                              connected therewith ment:     be it enacted by parliament in the thirteenth year of the repub- lic of india as follows:-                                                         -     1 (1) this act may be called the pondicherry (administration) short title                                                                       extent and  act, 1962                                                                       commence-s      (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 z in this act, unless the context otherwise requires,-de4nitiona (a) "administrator" means the administrator of pondicherry i() appointed by the president under article 239 of the constituti()ll; (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 is 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-iaw, decree or other provision (by whatever name called) 20 having the force ·of law; (f) "pondicherry" means the union territory comprising the territories of the fonner french establishments; (9) "treaty,o{ 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 office,os and 3 without prejudice to the powers of the central government to 5 ru~~!,>?bfics appoint from time to time such officers and authorities as may be in &~t1on to f h d"  f - pondicherry necessary or tea ministration 0 pendicherry, 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 10 those establishments or any part ,thereof, including the couneil 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, eontinue to exereise in connedioll is with the administration of pondieherry 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 gove~ent may determine continuance 4 (1) all laws in force immediately before the appointed day in 20 of existing the former french establishments or any part thereof shall continue jaws and be d their adap- to in force in pon icherry until amended or repealed by a competat ion 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 2s 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, pondicherry shall be 30 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 3 s of bringing the provisions of any such law into accord with the provisions of the constitution, the central government may, within three years from 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 40 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 lisct~ appointed day, vested in the government of the french republic shall, save as otherwise expressly provided in the treaty of cession, 5 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 obligations in relation to or arising out of the administration  o~  the former french establishments shall, as from the appointed  day, be the 10 rights, liabilities and obligations of the central government  7 all taxes, duties, cesses and fees which, immediately before the colltinuance appointed day, were being lawfully levied in the former french ~c8cxi8tina establishments or any part thereof shall continue to be levied in pondicherry and to be applied to the same purposes, until other is provision is made by a competent legislature or other competent authority 8 the central government may, by notification in the official ~~~er !~!:~: gazette, extend with such restrictions and modifications as it thinks ments to fit, to pondicherry any enactment which is in force in a state at the pondicherry 20 date of the notification 9 as from the 6th day of november, 1962, the jurisdiction of the bxtcntion of high court shall extend to pondicherry ~c juriadic- lion of madras high court to pondicbcrry - 10 (1) without prejudice to the generality of the provisions of lurisdiction section 9, the high court shall have, in respect of pondicherry, all c!o~rt~h 2s 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 deaisions of courts 30 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 determining appeals from decisions of courts in the state of madras (2) all appeals and other proceedings from or in respect of any 3s judgment, decree or order of any court or tribunal in the fonner 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 pendin~ immediately before the appointed day before the conseil d' etat shall, by virtue of this act, 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 act, as if sueh appeals and other proceedings had been filed before the high court s explanation-all appeals and other proceedings filed before the appointed day but not transmitted to the cour de cassation or the coul" 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 10 advocates 11 n"otwitb&tanding anything contained in the advocates act, e=: to 1961, but subject to such rules as may be framed by the high court, 2, of 1961 c:e hiaht any person who is entitled to practise before the tribunal superieur court d' appel at pondicherry shall be recognised as an advocate entitled to practise in the high court in relation to cases coming before the is high court from pondicherry power of 12 the high court may, from time to time, make rules, consistent hip court to m,ake with this act, to provide for all or any of the following matters, rujea namely:-(a) the translation of any papers filed in the high court 20 and the preparation of paper books for hearing all appeals and the copying, typing or printing of any such papers or tradslation and the recovery ,from the persons at whose instance or on whose behalf papers are filed of the expenses thereby incurred; (b) the court-fees payable for instituting proceedings in 2s 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 proc~ure to be fonowed in the high court; 30 (d) the approval, admission, enrolment, removal and 8118-pension of advocates from pondicherry validation 13 (1) every order or decree purported to have been made by the of certain cour de cauation, the cour superieur d' arbitrage or the consen ~::: and d' etat of france during the period commencing on the first day of 35 november, 1954, and ending on the appointed day, in any appeal or other proceeding from, or in respect of any juqgment, clecree or order of any court, tribunal or other authority in the fanner french 'establishments shall be deemed to have been validly made, in accordance with law; and shall fur all purposes have effect as if it 40 were an order of- a decree made by the high go\¢ i~ tlle ~¥~r¢se 9t t~ ~urisdiction co¢erred by this act --(2) notwithstanding anything contained in sub-section (1), where any decision has been rendered alter the 17th march, 1960, by any court in france in any case in which the respondent had l,l0 opportunity to appear for want of service of swiunqns transmitted 5 through the administration of the former french establishments, such decision shall be deemed never to have been rendered and shall - be deemed to be pending 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 10 court in frall:ce in which the case shall be deemed to be pending (3) as soon as may be after the 6th day of november, 1962, the· administrator shall transmit to the high court or, as the case may be, to the corresponding court, the record of ~ery such case as is referred to in sub-section (2), together with a certificate that the 15 summons in that case was not served on the respondent 14 (1) the periods of limitation for appeals to the high court limitation shall be as set out below:-for appeals s description of appeal no period of limitation time from which period begins to run 90 days ao i civil appeal against any judgment or order the date of the ~ judgment or order the date of sentence 7 days a criminal appeal against a lentence of death 30 days the date of the entence or order 25 3· criminal appeal against any sentence or order other than a sentence of death 90 days the date of the order of acquittal 4· criminal appeal asafnst order of acquittal an 30 days tile date of the ju<jament or order 30 s· labour appeal under section a07 of the french labour code i~2 30 days 6 labour appeal under section 216 of the frenc~ labour code, 1952 the date on which' the report and the recommendati on of the expert arc communicated to the party appealing 90 days 3s | the                       | date    | of    | the judgment or    ||---------------------------|---------|-------|--------------------|| order                    |         |       |                    || ,                       |         |       |                    || appeal against a judgment | or      |       |                    || order                     | of      | the   | ad                 || tribunal at pondichcrry  |         |       |                    | -------_(2) except in the case of a criminal appeal against a sentence of death, in computing the period of limitation, the time taken for o obtaining a certified copy of the judgment, order, report and recom-4 ~n4ation, a~pealed abainst, ~ 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 memorandum 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 5 (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 ::ins !if 15 in computing the period of limitation under section 14 or under ten!~~:' any other law, any period during which an appeal could not be filed to or a proceeding could not be instituted because the jurisdiction of the high court did not extend to pondicherry shall be excluded rule of 16 references in any law in force in pondicherry to the cour de construction cassation, the cour superieur d' arbitrage or the conseil d' etat shall be construed as references to the high court 15 power to construe lawl 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 20 etfect of 18 the provisions of this act shall have effect notwithstanding other lawl anything inconsistent therewith contained in any other law in force in pondicherry power to 19 (1) if any difficulty arises in giving effect to the provisions of =r:;~ dim- this act, the central government may, by order published in the 2s official gazette, make any such provisions as appear to it to be necessary or expedient for removing the difficulty (2) any order under subsection (1) may be made so as to be retrospective to any date not earlier than the appointed day 20 (1) the pondicherry hereby repealed  (administration) ordinance, 1962, is 30 8 of 196~ repeal and  ving (2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done ~r taken under this act  statement of objects and reasonsthe present bill seeks to replace the pondicherry (administra tion) ordinance, 1962 that ordinance was promulgated by the president for the administration of the new union territory compris· ing the former french establishments of pondicherry, karikal, mahe and yanam these french establishments became an integral part of india from the 16th august, 1962 when the instruments of ratification in respect of the treaty of cession were exchanged between the government of india and the government of france new delhi; jawaharlal nehru the 14th november, 1962 the adrainistration of the french establishments of pondicherij, karikal, mahe and yanam vested in the government of india with effect from 1st november 1954, following the agreement between the governments of india and france the two governments had also entered into a treaty in 1956 ceding full sovereignty over these territories to india this treaty was to come into force on its ratification the instruments of ratification were exchanged on the 16th of august 1962 accordingly, with effect from that date, these establishments have become a part of the indian union 2 with effect from 1st november 1954, all expenditure connected with the administration of these establishments has been met out of the consolidated fund of india in the current year's budget, the revenue of these establishments has been estimated at rs 2:31 crores and their expenditure at rs ~:45 crores except in regard to additional expenditure on administration of justice, following the extension of the jurisdiction of madras high court to pondicherry, the provisions of the bill are not likely to result in any significant increase in expenditure 1  memorandum regarding delegated legislationclause 12 of the bill empowers the high court at madras to make rules regarding the translation of papers filed in the high court, preparation of paper books for filing appeals, court fees payable for institution of proceedings, process fees, advocates' fees, the procedure in the high court and the approval, enrolment, suspension and removal of advocates from pondicherry as these matters pertain exclusively to administration of justice, the high court should appropriately deal with them the delegation of legislative power is of a normal character a bill to provide for the administration of pondicherry and for matters connected therewith the president bas, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, recommended to lot sabha the introduction and oonsideration of the-bill m n kaul, secretary (shri jljfdllharltjl nih"" prime mi"lster) 