The Chandernagore (Administration) Regulation, 1952.

REGISTERED NO. D. 221 The Gazette of India EXTRAORDINARY PART II—Section 1 PUBLISHED BY AUTHORITY No 26 ] NEW DELHI, MONDAY, JUNE 30, 1952 MINISTRY OF LAW New Delhi, the 30th June, 1952 THE CHANDERNAGORE (ADMINISTRATION) REGULATION, 1952. No. I OF 1952 A Regulation to make provision for the administration of chandernagore and for matters connected therewith. In exercise of the powers conferred by clause (2) of article 243 of the Constitution, the President is pleased to promulgate the following "Regula- tion made by him: — 1. Short title, extent and commencement.—(1) This regulation may be called the Chandernagore (Administration) Regulation, 1052, (3) It extends to the whole of Chandernagore. (3) It shall corne into force at once. 2. Definitions.—In this Regulation,— (ii) "Administrative Council" means the Council of Administra- tion of Chandernagore set up under the Decree No. 47 2121 of 7th November, 1947 of the Government of the French Republic; (b) ' Administrator" means the Administrator appointed under section 3; (c) "appointed day" means the 9th day of June, 1952, the date on which the free town of Chandernagore was transferred, in full sovereignty, to India under the Treaty of Cession of Chandernagore; (d) "Chandernagore" means the whole of the area which, imme- diately before the appointed day, was comprised in the free town of Chandernagore; 228 THE G'YZETTE OF INDIA EXTRAORDINARY [Purr H (e) " law" means any Act, Ordinance, Eegulation, Eule, oHer or byo-law [including any law (by whatever name called) made by the Government of the French Itopublie] which immediately beforo the appointed dny, wan in force in tho froo town of Obandernagore; (/) "Municipal Assembly" means the Municipal Assembly of Ohandornagoro set up under the Decree No. 47-2121 of 7th November, 1047 of tho Government of the French Republic, 3. Appointment ol Administrator.—There shall be an Administrator at the head of the administration of Chandornagore appointed by -the Central Government. 4 Constitution of Advisory Council.—(1) The Central Government may, by notification in the Official Gazette, constitute an Advisory Council consisting of such number of members not exoeeding five as it may think fit, to be associated with the Administrator for the purpose of assisting him in the discharge of his functions and the Administrator shall be the Chairman of the Advisory Council. (3) Subject to any rules that may be made in this behalf, the members of thn Advisory Council shall be appointed in such manner and on such terms as the Central Government may deem proper. 5 Other functionaries.—Without prejudice to tho powers of the Central Government to appoint from time to time such officers HH may bo neces- sary for the administration of Chandernagore, the Indian Administrator. fill judges, mngiHtrutes and other officers of tho free town of Chander- nagore, who, immediately before the appointed day, were exercising law- ful functions in Chandernagoro or any part thereof shall, until oth-ir pro- vision is made by the Central Government, continue to oxercise in con- nexion with the administration of Chundcrnagore their respective powers and jurisdiction, and to perform their respective duties and functions, in thn H'ime manner and to the same extent as before the appointed day. G. Property and assets.—For thn avoidance of doubts, it is hereby deolarod that all property and assets within Cbandornagoro whioh, imme- diately before the appointed day vested in the Government of the French Ropublic or in the Municipal Assembly or Administrative Council shall, aa from that day, vest in the Central Government, 7. Rights and obligations.—All rights, liabilities and obligations of the Government of the French Republic or the Municipal Assembly or the Administrative Council in relation to Chandernagore shall, as from the appointed day, be the rights, liabilities and obligations of the Central Government: t Provided that nothing in this section shall affect the settlement of any financial issue between tho Governments of India and the French Republic arising out of the transfer of the free town of Chiindernagore. 8. Existing lawa to continue.-—Rave as otherwise expressly provided in this Regulation all Inws in force in the free town of Chauderrmgoro imme- diately beforo the appointed day shall continuo in force until repealed or amended by a competent Legislature or authority. £BO. I] THE GAZETTE OF INDIA EXTRAORDINARY 220 !). Existing taxes to continue.—-All taxos, duties, cesses or fees which, immediately before the appointed day, were being lawfully levied in Chandernagore or any part thereof shall continue to be levied and to be applied to the same purposes, until other provision is made by a competent Legislature or authority. 10. Special provision In the application of certain laws.—Notwith- standing anything contained in this Regulation or in any law in force in the free town of Oh.mdernagore on the 2nd day of May, 1950,— (a) all proceedings, civil or criminal, whioh immediately before the aforcHuirl dato, were ponding in any court in Chandernagore shall, by vhtue of this Regulation, stand transferred or be deemed to have bean transferred to- the f'orresponding court constituted undor the Bengal, Agm und Assam Civil Courts Act, 1887 (XII of 1887) or the Codo of Criminal Procedure, 1898 (Act V of 1898), as the case may be; (b) «ny decree, order or sentence made or passed by any court of competent jurisdiction immediately before the aforesaid date shall, for all purposes, have effect as if it were a decree, order or sentence made or passed by the corresponding court constituted under the Bengal, Agra and Assam Civil Courts Act, 1887, or the Code of Criminal Procedure, 1898, as the ease may be; (<.') the provisions of the Code of Civil Procedure, 1903 (Act V of 1908) or the Code of Criminal Procedure, 1898, as the ease may be, shall apply to all proceedings instituted after the 2nd day of ""May, 1950, and so far as may be, to all cases pending in any civil or criminal oourts on the aforesaid date. 11 Power to extend enactments to Ohandernagore.—The Central Government may, by notification in the Official Gazette, extend with such restrictions or modifications aa it thinks fit to Chandernagore any enact- ment which is in force in a Part A State at the date of the notification. 12. Powers of courts and other authorities for purposes of facilitating the application of laws.—For the purpose of facilitating the application of any law in Chandernagore, any court or other authority may construe any such lnw 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. | 13. Power to remove difficulties.—(I) If any difficulty arises in giving (effect to the provisions of this Regulation or in connection with the ad- ministration of Chandernagore, the Ceutral Government may, by order, make such further provision as appears to it to be necessary or expedient for removing the difficulty. (2) Any order under sub-section (1) may be mado so as to be retrospec- tive to any date not earlior than the appointed day. 14. Power to make rules.—(/) The Central Government may, by noti- ficatjrn in the Official Gazette, make rules to carry out the purposes of this Regulation. 230 THE GAZETTE OP INDIA EXTEAOEDINABY [PART II—SKO. I] (#) In particular, and without prejudice to the generality of the fore- going powers, such rules may provide for all or any of the following matters, namely: — fa) the appointment, and terms and conditions of service, of the members of the Advisory Council; (b) the functions of the Advisory Council and tho matters in I'fispoct of which the Advisory Council may be consulted; (c) conduct of business and the procedure to be followed at meetings of the Advisory Council; , (./) any other matter which has to bo, or may be, prescribed. IB, Eepeal.—Decree No. 47-2121 of 7th November, 1947 cancelling Decree No. 47-1245 pf 30th June, 1947 and creating Chandornagore a free town and the subsequent texts modifying the sumo fire hereby repealed, and the Municipal Assembly and tho Administrative Count:'1" set up under that Decree are hereby dissolved. EAJENDEA PEASAD, President. Secretary. PRINTED IN INDI\ 8Y THE MANAGER GOVT. OF INDIA PRESS. NEW DELHI HMD PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1952