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TAMIL NADU LEGISLATIVE COUNCIL (ABOLITION) ACT, 1986 [REPEALED]

Ministry of Law and Justice

Act nº 40 of 1986


  • Act nº 40 of 1986

Preamble

1 [TAMIL NADU LEGISLATIVE COUNCIL (ABOLITION) ACT, 1986

[Act, No. 40 of 1986]

[30th August, 1986]

PREAMBLE

An Act to provide for the abolition of the Legislative Council of the State of Tamil Nadu and for matters supplemental, incidental and consequential thereto.

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:

1. Repealed by The Two-Member Constituencies (Abolition) and Other Laws Repeal Act, 2001 (47 of 2001) w.e.f. 14.09.2001.


Section 1. Short title and commencement

(1) This Act may be called the Tamil Nadu Legislative Council (Abolition) Act, 1986.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires, -

(a) "appropriate Government" means, as respects a law relating to a matter enumerated in List I in the Seventh Schedule to the Constitution, the Central Government, and as respects any other law, the State Government ;

(b) "article" means an article of the Constitution ;

(c) "Council" means the Legislative Council of the State of Tamil Nadu;

(d) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or any part of the State of Tamil Nadu;

(e) "Legislative Assembly" means the Legislative Assembly of the State of Tamil Nadu

Section 3. Abolition of the Council

(1) The Legislative Council of the State of Tamil Nadu is hereby abolished.

(2) On the abolition of the Council, every member thereof shall cease to be such member.

Section 4. Amendment of Article 168

In sub-clause (a) of clause (1) of Article 168, the words "Tamil Nadu shall be omitted.

Section 5. Amendment of Act 43 of 1950

In the Representation of the People Act, 1950,

(a) in the Third Schedule, entry No. 4 relating to Tamil Nadu shall be omitted,

(b) in the Fourth Schedule, the heading "Tamil Nadu" and the entries there under shall be omitted.

Section 6. Repeal of the Delimitation of Council Constituencies (Madras) Order, 1951

The Delimitation of Council Constituencies (Madras) Order, 1951, is hereby repealed.

Section 7. Provision as to pending Bills

(1) A Bill pending in the Council immediately before the commencement of this Act which has not been passed by the Legislative Assembly shall lapse on the abolition of the Council.

(2) A Bill pending in the Council immediately before the commencement of this Act which has been passed by the Legislative Assembly shall not lapse on the abolition of the Council, but on such abolition shall be deemed to have been passed before such commencement by both Houses of the Legislature of the State of Tamil Nadu in the form in which it was passed by the Legislative Assembly.

(3) If a Bill which having been passed by the Legislative Assembly is, before the commencement of this Act, either rejected by the Council or passed by the Council with amendments, the legislative Assembly may, after such commencement, pass the Bill again with or without such amendments, if any, as have been made by the Council and the Bill so passed shall be deemed to be a Bill introduced in and passed by the Legislative Assembly after the commencement of this Act.

Section 8. Power to adapt laws

The appropriate Government may, before the expiration of one year from the commencement of this Act, by order, published in the Official Gazette, any such adaptations and modifications of any law made before such commencement whether by way of repeal or amendment as may be necessary or expedient in consequence of the abolition of the Council under Section 3, and thereupon every such law shall have effect subject to the adaptations and modifications so made.

Section 9. Power to construe laws

Notwithstanding that no provision or insufficient provision has been made under Section 8 for the adaptation or modification of a law made before the commencement of this Act, any court, tribunal or authority required or empowered to enforce such law may construe the law in such manner, without affecting the substance, as may be necessary or proper on account of the abolition of the Council, in regard to the matter before the court, tribunal or authority.

Repealing Act1
Two-Member Constituencies (Abolition) and Other Laws Repeal Act, 2001

THE TWO-MEMBER CONSTITUENCIES (ABOLITION) AND OTHER LAWS REPEAL ACT, 2001

[Act, No. 47 of 2001]

[14th September, 2001]

PREAMBLE

An Act to repeal the Two-Member Constituencies (Abolition) Act, 1961 and certain other enactments.

Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows: --

1. Short title

This Act may be called the Two-Member Constituencies (Abolition) and other Laws Repeal Act, 2001.

2. Repeal of enactments

The enactments specified in the Schedule are hereby repealed.

THE SCHEDULE

(See section 2)

Repeal of Enactments

Sl. No.

Name of the Act

Year

Act No.

1.

The Two-Member Constituencies (Abolition) Act

1961

1

2.

The Madras State (Alteration of Name) Act

1968

53

3.

The West Bengal Legislative Council (Abolition) Act

1969

20

4.

The Mysore State (Alteration of Name) Act

1973

31

5.

The Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Act

1973

34

6.

The Andhra Pradesh Legislative Council (Abolition) Act

1985

34

7.

The Tamil Nadu Legislative Council (Abolition) Act

1986

40