Section 1 Short title, extent and commencement.
(1) This Act may be called the Pondicherry(Administration) Act, 1962.
(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.
Section 2 Definitions.
In this Act, unless the context otherwise requires,
(a) "Administrator" means the Administrator of Pondicherry appointed by the President underarticle 239 of the Constitution;
(b) "appointed day" means the 16th day of August, 1962, being the date of entry into force of theTreaty of Cession;
(c) "former French Establishments" mean the territories which immediately before the appointedday were comprised in the French Establishments in India known as Pondicherry, Karikal, Mahe andYanam;
(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 FrenchEstablishments;
(g) "Treaty of Cession" means the treaty concluded between France and India on the 28th day ofMay, 1956, establishing the cession of the French Establishments by France to India in fullsovereignty.
Section 3 Officers and functionaries in relation to Pondicherry.
Without prejudice to the powers of theCentral Government to appoint from time to time such officers and authorities as may be necessary forthe administration of Pondicherry, all courts, tribunals, authorities and officers, whether in India or in theformer French Establishments, who immediately before the appointed day, were exercising lawfulfunctions in connection with the administration of those Establishments or any part thereof, including theCouncil of Government and the Representative Assembly, shall, unless otherwise directed at any time bythe 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 ofPondicherry their respective powers and jurisdiction and perform their respective duties and functions inthe same manner and to the same extent as before the appointed day with such altered designation, if any,as that Government may determine.
Section 4 Continuance of existing laws and their-adaptation.
(1) All laws in force immediately beforethe appointed day in the former French Establishments or any part thereof shall continue to be in force inPondicherry until amended or repealed by a competent Legislature or other competent authority:
Provided that references in any such law to the President or Government of the French Republic shallbe construed as references to the Central Government, references to the Governor of the FrenchEstablishments in India, to the Commissioner of the Republic for the French Establishments in India, tothe Chief Commissioner for the French Establishments, to the Chief Commissioner of the State ofPondicherry or to the Chief Commissioner, Pondicherry, shall be construed as references to theAdministrator of Pondicherry and references to the State of Pondicherry shall be construed as referencesto Pondicherry.
(2) For the purpose of facilitating the application of any such law in relation to the administration ofPondicherry and for the purpose of bringing the provisions of any such law into accord with theprovisions 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 benecessary or expedient and thereupon every such law shall have effect subject to the adaptations andmodifications so made.
Section 5 Property and assets.
For the avoidance of doubt, it is hereby declared that all property and assetswithin Pondicherry which, immediately before the appointed day, vested in the Government of the FrenchRepublic shall, save as otherwise expressly provided in the Treaty of Cession, vest in the Union.
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