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The Tamil Nadu Legislative Council abolition Act 1986

THE TAMIL NADU LEGISLATIVE COUNCIL (ABOLITION) ACT 1986.

ACT NO. 40 OF
30th August
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. Short title and commencement.

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 date1 as the Central Government may
by notification in the Official Gazette appoint.

2. Definitions.

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.

3. Abolition of the Council.

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.

4. Amendment of article 168.

4. Amendment of article 168. – In sub – clause (a) of clause (1) of article
168 the word Tamil Nadu shall be omitted. 1. 1-11-1986: vide
Notification No. G.S.R. 1154 (E) dated 20-10-1986 Gazette of India
1986 Extraordinary Part II Section 3 (i).

5. Amendment of Act 43 of 1950.

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
thereunder shall be omitted.

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

6. Repeal of Delimitation of Council Constituencies (Madras) Order
1951. – The Delimitation of Council Constituencies (Madras) Order 1951 is
hereby repealed.

7. Provision as to pending Bills.

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 lapse on
the abolition of the Council but on such abolition shall be deemed to have
the State of Tamil Nadu in the form in which it was passed by the
Legislative Assembly. been passed before such commen ement by both Houses
of the Legislature of

(3) If a Bill which having been passed by the Legislative Assembly is
before the commencement of the 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.

8. Power to adapt laws.

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 make such adaptations and modifications
of any law made before such commencement wh ther 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.

9. Power to construe laws.

9. Power to construe laws. – Notwithstanding that
no provision orinsufficient provision has been made under section 8 for the
adaptation ormodification of a law made

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