Suit Format of House Declaration

Suit Format of House Declaration
Suit Format of House Declaration

IN THE COURT OF _________, _________ DIVISION, _________

Civil Suit No. _________ of _________

_________ Son of _________ resident of _________, District _________, _________

                                                                                                                                         ……PLAINTIFF

 

VERSUS

1-    _________ son/daughter/wife of _________
2-    _________ son/daughter/wife of _________
Both residents of _________, _________, _________.

                                                                                                                                         ………DEFENDANTS

 

SUIT FOR DECLARATION

RESPECTFULLY SHOWETH:

1-    That the plaintiff is owner in possession of House/Plot consisting of _________ which is situated in _________, _________.
2-    That the defendants are _________.
3-    That as a matter of fact the total plot measuring _________.
4-    That on _________.
5-    That now the _________.
6-    That the plaintiff _________.
7-    That the cause of action to file the present suit firstly arose on _________.
8-    That no such suit between the same parties on the same subject matter is pending, filed or has been decided by any court of law.
9-    That the parties reside and the property in suit is situated at _________.
10-    That the value of the suit for the purposes of court fees and jurisdiction is assessed at _________ /- upon which a fixed court fees has been paid on the plaint.

PRAYER:

It is, therefore, prayed that a decree for declaration to the effect that the plaintiff is owner in possession of the suit property which are fully detailed and described in Para NO.__ of the plaint may kindly be passed in favour of the plaintiff and against the defendants with costs of the suit.

                                                                                                                       PLANITIFF

THROUGH COUNSEL
_________ ADVOCATE, _________

VERIFICATION:
Verified that the contents of Paras No. __ to __ of the plaint are true and correct to the best of my knowledge and belief and Paras No. __ to __ of the plaint are true to best of my belief. Last para is the prayer Verified at _________ on __________

                                                                                                                     PLAINTIFF

Simplification Of The Legal Words And Language:Need Of The Hour

By : Sk Jahangir Ali

Law is very much complicated than human brain. That is why it fails to reach to the general people in India. Most of the law is drafted and decorated on the foreign principles before the Indian independence and after the independence. After 1947 to next 15 years, the position of the Indian democracy was just like the baby stage .Now Indian democracy is quite mature but at this postmodern era of deconstruction there is no simplification of the legal words and language. Most of the advocates juggle with the words. The general people of India are in an exploitive situation to get the justice as because the legal words are beyond the reach of literate educated and semi educated. The general people are the tax payer and the parliamentarians, judges and public prosecutors draw a lump sum from the public money. All laws are for human beings and if it is too tough to understand for the critical legal language for the general people from where law is evolved and then what is the use of it. It is just like the colonial policy to collect the raw material and make a finished good for gain of a particular handful of people.

Every human being is self advocate for self representation self defense due to natural reason within them. The simplification of legal words and language can provide them with more power of liberalization, equalization and personal sophistication to shield and shape their rights named and unnamed to strengthen the welfare society and social changes and social control.

 

CONTINUING PROFESSIONAL LEGAL EDUCATION IN INDIA

By: Prerna Chopra

I. INTRODUCTION

“I don’t feel stupid, just inadequate. After three years of studying the law, I’m very much aware of how little I know.”

– John Grisham (The Rainmaker)

In the legal profession in India, professional development has traditionally been considered as a one-time affair, occurring at the stage of pre-service education. Increasingly, changing professional needs have compelled some kind of reflection on the need for in-service or on-the-job professional development.

Law being a dynamic field it is imperative for the working professionals to stay abreast of the latest developments which have a direct nexus with the subject. The developments affect the bar and bench equally not to mention the litigants. Hence to serve the greater cause of justice, continuing professional legal education is a sine qua non.

II. WHY DOES ONE NEED TO CONTINUE LEGAL EDUCATION?

“The impetus for the changes is the sense that what has been taught and how it has been taught may be “embarrassingly disconnected from what anybody does,”

– Ms. Kagan, The New York Times

Continuing Legal Education ensures that legal and judicial reforms contribute to changing the attitudes and behaviors of lawyers and citizens. For this reason, Continuing Legal Education should be an integral part of legal and judicial reform strategies that are anchored on the rule of law and reflect a country’s societal values. Legal education strengthens professionalism, builds public confidence, and facilitates consensus and momentum for further reforms. Continuing Legal Education also improves the performance of legal professionals, enhances service quality and stimulates public respect.

The legal service rendered and the courts and the agencies before which we appear deserve a maximum level of competence, which we believe cannot be maintained without regular participation in seminars and other training programs designed to keep the lawyers abreast with developments in his or her chosen field.

Moreover, law is one of the few professions that allows a new admittee to jump right in and start practicing their craft without any required “real-world” training. For example, we would not want a doctor straight out of medical school to take out an appendix without first completing his residency program.

III. HOW TO GO ABOUT IT?

The concept for Continuing Legal Education Programme is as old as the profession itself. Seminars, Conferences, lectures etc are all very regular phenomenon across the country. However, doing the same in a more regularized manner, making it accessible for all and then making it compulsory would go a long way in enhancing the standards and quality of profession.

Activities being contemplated in this regard include full-time certificates, diplomas, accumulation of credit hours of training, and even professional socialization and dialogue in seminars, roundtables and conferences. Online distance learning is the latest development within non-classroom based modes of communication and interaction, and has attracted interest from providers of legal education as well. The training programs should be designed not only to enhance performance but also to instill the values of impartiality, professionalism, competency, efficiency and public service.

(1) Latest developments- Seminar, Conferences, Workshops etc-

“Often people defend the traditional curriculum by saying that we are teaching them to think like a lawyer. . . I say we are teaching them to think like an 1870s lawyer.”

-Dean of Vanderbilt University Law School

The journey of modernization of legal education started under the guidance of the British, but over the years it has failed to impress upon. Although members of the legal fraternity have contributed immensely to the emergence and growth of this nation, the general state of affairs regarding legal education in this country needs a lot of improvement. While other professional courses are surging ahead, this remained rooted in mediocrity. Research and deliberations went on from time to time to improve the system, but still a lot of work needs to be done. Therefore continuing legal education is the need of the hour; legal education should be dynamic rather than static. In order to keep lawyers abreast with the changing law in the society there is a need to organize seminars, conferences and workshops etc both at national and international level on various subjects of law which are still unexplored.

(2) Specialization

“Only by strict specialization can the scientific worker become fully conscious, for once and perhaps never again in his lifetime, that he has achieved something that will endure. A really definitive and good accomplishment is today always a specialized act.”

– Max Weber

Today specialization has become the need of hour irrespective of any profession. Just as many doctors choose specializations outside of family medicine, lawyers also have the option to specialize in different areas of the law. The reasons are for the same as doctors; it can pay both financially and academically, to specialize in a field. For instance, a lawyer may have an active interest in property law or alternatively wants to concentrate on family law in order to gain more familiarity with those sorts of cases and thus make a stronger attorney in court. Also, by specializing in a particular area of law, some lawyers can charge additional fees.

In the present day scenario there is need for the legal professionals to specialize themselves in the particular field of law by enrolling themselves in various short term specialization courses, LLM programmes, distance mode courses etc. which will pay them both academically and financially.

(3) Partnership between colleges and bar/bench:

“Coming together is a beginning. Keeping together is progress. Working together is success”

-Henry Ford

The BCI, state bar councils, state government, UGC and the universities have a greater role to play for improving the standards of continuing professional legal education in the country. They should work in a comprehensive manner without any conflict. They should think seriously to provide the resources both human and financially to all law schools for implementation of the continuing professional legal education. The BCI along with help of academicians and bar should search for improved ways to serve, and always with an eye toward how to better train lawyers and allied professionals to be competent and ethical practitioners.

The 21st century should also consider the globalization and its implementation on legal field at national and international level. The BCI and UGC in the area of computer application and the information technology in the legal field, should explore new avenues and potential use of internet in the practice of law and continuing legal education. They should find out the way and means to meet the new challenges and provide better tools of research and methodology of learning from coming generations.

Further the bar council of India and state bar councils along with universities should start LLM programme on part time basis which should include research methodology, seminars and conferences, practical court training. They should also make sincere endeavor to start with various short term diploma courses in specialized field of law like media law, taxation, etc. which will enhance their knowledge about the subject of their interest in which they wish to practice. The BCI and the universities has to discharge their duties and the responsibilities more religiously and also lay down the standards in terms of class room teaching, practical training and skills, court visits ,moot courts, legal aid work and other practical training programmes for the law students and legal professionals. Further the area of deficiency should be located and corrective measures should be affected with the cooperation of both bar council, which is the governing body and universities, so that the legal fraternity is enriched with the added skill set.

The NLSIU has laid firm foundation in the sphere of Continuing Legal Education programmes. The International Bar Association (IBA) has established an Endowment Chair in this regard. The University has been conducting series of Continuing Legal Education programmes for Lawyers, Judges, Administrators and Law teachers on identified subject areas. Besides, a variety of paralegal and public legal education programmes are part of the teaching and research agenda of NLSIU and the CLE unit.

(4) Training the judges

“Laws and institutions must go hand in hand with the progress of the human mind.”

-Sir Francis Bacon

It is also imperative that continuing Legal Education Centers be set up for keeping abreast the judges particularly in the field of new emerging areas of Law, such as Cyber laws, Intellectual Property matters, matters pertaining to Computer and Internet etc. In these Centers, judges must have an opportunity of interacting with distinguished people from various disciplines so that they can be made aware of ground realities which will help them in effective discharging of their onerous task.

A felicitous initiative in this direction has been taken by setting up the National Judicial Academy in Bhopal which is rightly termed as India’s ‘Think tank on justice’. The National Judicial Academy aims at strengthening the administration of Justice through Judicial Education, Research and Policy Development. It is the constant endeavor of the National Judicial Academy to maximize the scope of learning and to influence judicial behavior for greater efficiency and productivity.

(5) Evening and Weekend Courses

It is suggested that courses must be designed in such a manner that actively practicing lawyers and sitting judges are able to comfortably attend the same. Various one month diploma and certification courses specializing in a particular subject should be conducted during summer vacations which enhance the skill sets of lawyers in their respective subject areas. Also regular short term courses should be started where classes are held only on weekends, keeping the course structure interactive. The assignments if given should be based on practical learning and experiences. A person would become eligible to take this exam after attending a particular number of classes which are spread over a span of time.

IV. TREND IN OTHER COUNTRIES

Continuing Legal Education requirements exist in nearly all developed other countries, such as in United Stated, United Kingdom, Canada, Australia, to name a few. Some jurisdictions such as Israel recommend, without requiring, their attorneys to participate in CLE courses other have made it obligatory.

Continuing Legal Education (“CLE”) is a requirement for attorneys in the United States to maintain their ability to practice law after initial admission to the bar. CLE credit usually have a set class-hour requirement for a period of years, sometimes with specific hour requirements for special topics.

CLE courses are offered throughout the year by state bar associations, national legal organizations, law schools, and many other legal associations and groups such as non-profit CLE providers, as well as other private, for-profit enterprises.

In recent years, many states allow CLE classes to be taken on-line as part of distance education courses or by listening to MP3 downloads, such as www.lawline.com. Often, a portion of CLE requirements may be satisfied through reading and other self-study as well. CLE courses are usually taught by attorneys and cover legal theory as well as practical experiences in legal practice. Classroom materials can be extensive and may represent the most current and advanced thinking available on a particular legal subject. Competency testing is usually not required as part of CLE.

In United Kingdom, the Solicitors Regulation Authority has operated a compulsory Continuing Professional Development (“CPD”) scheme. Solicitors are encouraged to assume responsibility for their own development by choosing from the wide range of activities that can be pursued in order to meet the yearly CPD requirement. Currently, all solicitors and registered European lawyers (RELs) who,

(a) are in legal practice or employment in England and Wales, and

(b) work 32 hours or more per week,

are required to complete a minimum of 16 hours of CPD per year; at least 25 per cent of which must consist of participation in accredited training courses. A solicitor or registered European lawyer must keep a record of such continuing professional development undertaken to comply with these regulations and produce the record to the Law Society on demand.

The continuing legal education in Canada is in the form of CPD (Continuing Professional Development). The CPD in Canada aims at maintenance and enhancement of a lawyer or paralegal’s professional knowledge, skills, attitudes and professionalism throughout the individual’s career. Under CPD lawyers and paralegals must complete in each calendar year at least 12 hours of continuing professional development in eligible educational activities. No less than 3 of the 12 hours must be concentrated on topics related to ethics, professionalism and/or practice management. The Law Society of Upper Canada assumes primary responsibility for delivering the required ethics, professionalism and practice management content subject to the CPD requirement which needs to be met, without charging for program registration or materials.

Participation in courses is accredited based on the following criteria:

• Generally, credit is based on the actual time in attendance at a course.

• Credit is available for participating in “real time” on-line courses, streaming video, web and/or telephone conferences, if there is an opportunity to ask and answer questions.

• Two or more lawyers or paralegals reviewing a previously recorded course together are able to obtain credit.

More over the credit is also available for the following educational activities:

• Participation as a registrant in a college, university or other designated educational institution program, including distance education.

• Teaching (to a maximum of 6 hours per year)

• Acting as an Articling Principal or mentoring or being mentored or supervising a paralegal field placement (to a maximum of 6 hours per year)

• Writing and editing books or articles (to a maximum of 6 hours per year)

• Study groups

• Educational components of bar and law association meetings

The continuing legal education in Australia is in the form of Mandatory Continuing Legal Education (Continuing Professional Development) (MCPL/CPD) scheme provided by the Law Society of New South Wales, Sydney. Under the MPCL the requirement is first practicing certificate and the practicing certificate has an effective start date between 1 July and 31 December, you need to attain 5 units by 31 March. If the effective start date is between 1 January and 31 March there is no need to attain any units by 31 March. Units may be gained through a variety of activities including:

• Attending seminars/conferences/ lectures = 1 unit per hour minus refreshment breaks

• Preparing CLE/CPD lectures = 1 unit per hour – maximum of 5 units

• Presenting CLE/CPD lectures = 1 unit per hour – maximum of 5 units

• Private study of video/audio tapes/DVD = 1 unit per hour – maximum of 5 units

• Publishing/editing articles in law journals = 1 unit per 1000 words – maximum of 5 Units

• On line web based programs = 1 unit per hour

A course of MCLE/CPD must include at least one (1) unit in each of the following fields:

• Ethics and Professional Responsibility

• Practice Management and business skills

• Professional Skills

The Law Society does not have an accreditation process but it provides for “Notes for Course Provider”

Notes for Course Providers

The system of self-assessment underpinning the MCLE/CPD scheme requires individual practitioners to determine the number of units for which he/she will claim credit. The Society suggests that providers use one of the following statements on brochures in preference to making any specific reference to MCLE points or units.

• Version A – long version

Seminars and other CLE/CPD activities are not accredited by the Law Society of New South Wales. Under the MCLE/CPD Rules and Guidelines, if this particular educational activity is relevant to your immediate or long term needs in relation to your professional development and practice of the law, then you should claim one “unit” for each hour of attendance, refreshment breaks not included.

The annual requirement is ten (10) units each year from 1 April to 31 March.

• Version B – short version

If this particular educational activity is relevant to your immediate or long term needs in relation to your professional development and practice of the law, then you should claim one “unit” for each hour of attendance, refreshment breaks not included.

V. RECOMMENDATIONS AND CONCLUDING REMARKS

In the light of the above discussions the following may be suggested which might open new chapters in Continuing Legal Education:-

i. A dedicated umbrella organization should be setup to oversee the Continuing Legal Education programme across the country. In this regard, the newly set up directorate of legal education in India, that will shoulder the responsibility of all things concerning law education, may prepare an action plan on the subject for the next decade.

ii. Make the Continuing Legal Education programme compulsory for all active members of the bar and recommendatory for all members of the Bench.

iii. Under the CLE programme every lawyer must be required to attain certain number of credit points every year. Say 10 points every year or 15 points in 2 years depending upon the consensus formed within the Bar.

iv. CLE Credit Points may be gained attending conferences / workshops / seminars accredited by the Bar Council, by writing articles and other research material and other activities as the Bar Council may recognize.

v. Experienced attorneys may receive credit for speaking or teaching at an accredited CLE program; for moderating or participating in a panel presentation at an accredited CLE activity; for teaching law courses at an Bar Association accredited law school; for preparing students for and judging law competitions, mock trials and moot court arguments, including those at the high school or college level; for published legal research-based writing; and for providing pro bono legal services.

vi. Non-practicing lawyers may elect to be on restricted status. This means they can maintain their law license but do not have to fulfill continuing education requirements.

As we saw through this discussion, Lawyers must be nimble navigators of change and must be ready for the impending regulatory revolution that will affect the profession. Forces such as technology, the government, globalization of commerce, and forms of property are driving change. Attorneys must respond to the need for specialization and expertise in non-law fields. Multidisciplinary practices will grow, where lawyers and non-lawyers work together generating revenues for the same business.

BENGAL BONDED WAREHOUSE ASSOCIATION, 1854

An Act to amend Act No. V of 1838, relating to the Bengal Bonded
Warehouse Association.

Preamble.–WHEREAS the Bengal Bonded Warehouse Association are desirous that the provisions of Act No. V of 1838 should be amended, and it appears reasonable that such amendment should be made, it is enacted as follows:–

1. 

1. [Repeal of sections 12, 14, 32 and 37, Act V of 1838.] Rep. by the Repealing Act, 1870 (14 of 1870), s. 1 and Sch., Pt. II.

2.Management of business.

2. Management of business.–The business of the said Association shall be managed by six Directors, three of whom shall form a quorum.

3.Annual election of Directors.

3. Annual election of Directors.–The two Directors who are to go out of office by rotation in every year shall go out of office in the month of May, before the holding of the Ordinary General Meeting of
Proprietors directed to be holden in that month, and at such Ordinary
General Meeting two Directors shall be chosen, and the Directors so going out of office, or either of them, shall be capable of being re-
elected in the same year at such General Meeting.

4.Qualification of Directors.

4. Qualification of Directors.–No person shall be capable of being a Director of the said Association who shall not be a proprietor in his own right of five shares of the capital stock of the said
Association.

5.Ordinary General Meetings.

5. Ordinary General Meetings.–Ordinary General Meetings of the said proprietors shall be held at least twice in every year, that is to say, on the second Wednesday in the month of May, and the second
Wednesday in the month of November, and at every such Ordinary Meeting the Directors of the said Association shall present a report in writing of the state of the affairs of the said Association and a balance sheet; and such General Meeting may declare a dividend out of the profits of the said Association, provided that no dividend shall be made which shall diminish the capital of the said Association.

6.Bye-laws.

6. Bye-laws.–It shall be lawful for the said Association to make
Bye-laws for the regulation of its own proceedings, which Bye-laws shall be binding only on its own Members and Officers, provided that no such Bye-law shall be valid till it shall have been approved of by one Extraordinary General Meeting of proprietors especially convened for that purpose, provided also that no such Bye-law shall be valid till it shall have been confirmed by the *1[Central Government].

7.Dissolution of Corporation.

7. Dissolution of Corporation.–At any time after the 14th day of
March, 1860, it shall be lawful for the Central Government by an order in Council to direct that the said Association shall be dissolved at the expiration of five years from the date of such order and such order shall of itself have the effect of dissolving the said
Corporation at the expiration of the said space of five years, except for the purposes mentioned in section 39, Act No. V of 1838.———————————————————————-

DEHRADUN ACT NO. 21 OF 1871

An Act to give validity to the operation of the general
Regulations and Acts within the Dehra dun.

Preamble.

WHEREAS it is necessary to give validity to the operation of the general Regulations and Acts within the district under the
Superintendent of the Dehra Dun 1***; It is hereby enacted as follows:–

1.Extension of Regulations and Acts in force in Saharanpur to Dehra Dun.

1. Extension of Regulations and Acts in force in Saharanpur to
Dehra Dun. The Regulations and Acts now in force in the district
Saharanpur are hereby declared to extend to the said district of Dehra
Dun 2***.

2.Jurisdiction of High Court and Board of Revenue over Dehra Dun.

2. Jurisdiction of High Court and Board of Revenue over Dehra
Dun. The High Court and the Board of Revenue of 3*[Uttar Pradesh]
shall exercise 4*** respectively, in the said district, all the powers which the said High Court or Board of Revenue are at present, respectively, authorized to exercise in any part of 3*[Agra].

3.District Court of Saharanpur to be District Court of Dehra Dun.

3. District Court of Saharanpur to be District Court of Dehra
Dun. The District Court of Saharanpur shall be 5*** the District Court of such district until the State Government otherwise directs 6***.

4.Exemption of Jaunsar Bawar.

4. Exemption of Jaunsar Bawar. Nothing in this Act shall apply to that portion of the Dehra Dun district called 7*Jaunsar Bawar 8***.
———————————————————————
1. The words “and to indemnify all officers and other persons who have acted in the said district under the said Regulations and Acts”
rep. by Act 16 of 1874.2. The words “and no judgment heretofore given, order passed or proceeding had in the said district, shall be deemed to have been or to be invalid merely because any Regulation or Act, under or in reference to which such judgment, order or proceeding was given, passed or had, was not in force at the time of such judgment, order or proceeding, or on the ground of a defect of jurisdiction in any Court or office “rep. by Act 12 of 1891.3. Subs. by the O. 1950, for “the North-Western Provinces”.
4. The words and shall be deemed to have been heretofore authorized to exercise” rep., ibid.
5. The words “deemed to have been heretofore the District Court of the said district of Dehra Dun and” rep., ibid.
6. The words “and may subject to the provisions of Act 6 of 1971, hear appeals from decisions given in the said district before the passing of this Act” rep. by Act 12 of 1891.7. “jaunsari Bawar” was one of the Scheduled Districts of the State of Uttar Pradesh, see the Scheduled Districts Act, 1874 (14 of 1874), First Schedule, Pt. IV, but has ceased to be so under the Constitution of India.
8. The words “and referred to in s. 11 of Act 24 of 1864” rep. by
Act 12 of 1891

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of
1912.———————————————————————-
 

Year : 1962

Act :

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879.ACT NO. 17 OF 1879.[29th October, 1879.]Prea

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of
1912.———————————————————————-
 

Year : 1962

Act :

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879.ACT NO. 17 OF 1879.[29th October, 1879.]Prea

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of
1912.———————————————————————-
 

Year : 1962

Act :

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879.ACT NO. 17 OF 1879.[29th October, 1879.]Prea

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of 1912

PROCEDURE OF THE HIGH COURT FOR UTTAR PRADESH, 1869

An Act further to amend the Procedure of the High Court of
Judicature for 1[Uttar Pradesh].

Preamble.-WHEREAS it is expedient to amend the procedure of the
High Court of Judicature for 2[Uttar Pradesh]; It is hereby enacted as follows:-

1.[Trial of Natives and European British subjects conjointly.]

1. [Trial of Natives and European British subjects conjointly.]
Rep. by the Advocate-Generals (Power;) Act, 1875 (10 of 1875).

2.[Record of evidence.]

2. [Record of evidence.] Rep., ibid.

3.Power to award costs on petitions, etc.

3. Power to award costs on petitions, etc.-Whenever any petition, application or motion is made in any matter coming before the said Court in the exercise of its civil 3* * * or other jurisdiction, the Court shall have power to award and apportion costs in any manner it may think fit.

4.Penalty for making false statements in support of petitions, etc.

4-4. Penalty for making false statements in support of petitions, etc.-Whenever the Court shall require the statements in support of any such petition, application or motion to be verified by a declaration in writing, the person making such verification shall, if any such statement is false, and if he either knows or believes it to be false, or does not believe it to be true, be deemed to have intentionally given false evidence in a stage of a judicial proceeding.

—————

———————————————————————
1. Subs by the A.O. 1950 for the North Western Provinces.

2. Subs., ibid., for the North Western Provinces of Fort William”.

3 The word Criminal” is omitted as so much of s. 3 as relates to criminal jurisdiction was rep, by the High Courts Criminal Procedure
Act, 1875 (10 of 1875), s. 2.4. So much of s. 4 relates to criminal jurisdiction was rep., ibid.
———————————————————————–

74.Procedure of the High Court for Uttar Pradesh

1.Trial of Natives and European British subjects conjointly.

1.[Trial of Natives and European British subjects conjointly.]
Rep. by the Advocate-Generals (Powers) Act, 1875 (10 of 1875).

2.Record of evidence.

2. [Record of evidence.] Rep. ibid.

3.Power to award costs on petitions, etc.

3.Power to award costs on petitions, etc. Whenever any petition, application or motion is made in any matter coming before the said
Court in the exercise of its civil 3* * * or other jurisdiction, the
Court shall have Dower to award and apportion costs in any manner it may think fit.

4.Penalty for making false statements in support of petitions, etc.

4 4.Penalty for making false statements in support of petitions, etc. Whenever the Court shall require the statements in support of any such petition, application or motion to be verified by a declaration in writing, the person making such verification shall, if any such statement is false, and if he either knows or believes it to be false, or does not believe it to be true, be deemed to have intentionally given false evidence in a stage of a judicial proceeding.

———————————————————————-

1 Subs. by the A.O. 1950 for “the North Western Provinces”.

2 Subs., ibid., for “the North Western Provinces of the
Presidency of Fort William “.

3 The word ” Criminal ” is omitted as so much of s. 3 as relates to criminal jurisdiction was repealed by the High Courts Criminal
Procedure Act, 1875 (10 of 1875), s. 2.4 So much of s. 4 as relates to criminal jurisdiction was rep., ibid.
———————————————————————-

THE ANDHRA PRADESH AND MYSORE (TRANSFER OF TERRITORY) ACT, 1968

An Act to provide for the transfer of certain territory from the
State of Mysore to the State of Andhra Pradesh and for matters connected therewith.

BE it enacted by Parliament in the Nineteenth Year of the
Republic of India as follows:–

1.Short title.

1. Short title. This Act may be called the Andhra Pradesh and
Mysore (Transfer of Territory) Act, 1968.2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,–

(a) “appointed day” means the 1st day of October, 1968;

(b) “assembly constituency”, “council constituency” and
“parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of
1950)

(c) “sitting member”, in relation to either House of
Parliament or of the Legislature of a State, means a person who, immediately before the appointed day, is a member of that House;

(d) “transferred territory” means the territory specified in the Schedule and transferred from the State of Mysore to the State of Andhra Pradesh by section 3.3.Transfer of territory from Mysore to Andhra Pradesh.

3. Transfer of territory from Mysore to Andhra Pradesh. (1) As from the appointed day, there shall be added to the State of Andhra
Pradesh the territory specified in the Schedule which shall thereupon cease to form part of the State of Mysore.

(2) The transferred territory shall be included in, and form part of the Hindupur taluk of Anantapur district in the State of Andhra
Pradesh.

(3) Nothing in sub-section (2) shall be deemed to affect the power of the State Government to alter, after the appointed day, the name, extent or boundaries of any district or taluk in the State of
Andhra Pradesh.

908.4.Amendment of First Schedule to the Constitution.

4. Amendment of First Schedule to the Constitution. As from the appointed day, in the First Schedule to the Constitution, under the heading “I. THE STATES”,–

(a) for the entry against “I. Andhra Pradesh”, the following shall be substituted, namely:–

“The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section
(1) of section 3 of the States Reorganisation Act,
1956, the First Schedule to the Andhra Pradesh and
Madras (Alteration of Boundaries) Act, 1959, and the
Schedule to the Andhra Pradesh and Mysore (Transfer of
Territory) Act, 1968, but excluding the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.”; and

(b) in the entry against “9. Mysore”, after the words and figures “States Reorganisation Act, 1956”, the words, brackets and figures “but excluding the territory specified in the Schedule to the Andhra Pradesh and
Mysore (Transfer of Territory) Act, 1968” shall be inserted.

5.Extent of parliamentary and assembly constituencies.

5. Extent of parliamentary and assembly constituencies. As from the appointed day, the transferred territory shall cease to be part of
Madhugiri parliamentary constituency and Bagepalli assembly constituency in the State of Mysore as delimited in Order No. 11 of the Delimitation Commission made under section 10 of the Delimitation
Commission Act, 1962 (61 of 1962), and shall form part of Hindupur parliamentary constituency and Hindupur assembly constituency in the
State of Andhra Pradesh as delimited in Order No. 3 of the
Delimitation Commission made under the said section.

6.Provision as to sitting members of Parliament and LegislativeAssemblies.

6. Provision as to sitting members of Parliament and
Legislative Assemblies. (1) The sitting members of the House of the
People representing Hindupur parliamentary constituency in the State of Andhra Pradesh and Madhugiri parliamentary constituency in the
State of Mysore shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this Act, continue to be members of the House of the People.

(2) The sitting members of the Legislative Assemblies of Andhra
Pradesh and Mysore representing Hindupur assembly constituency and
Bagepalli assembly constituency respectively shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this Act, continue to be members of the said Assemblies.

909.7.Extent of Council constituencies.

7. Extent of Council constituencies. (1) Any reference in the
Delimitation of Council Constituencies (Andhra Pradesh) Order, 1957, to Anantapur district shall be construed as including the territory transferred to that district from the State of Mysore.

(2) Any reference in the Delimitation of Council Constituencies
(Mysore) Order, 1951, to Kolar district shall be construed as excluding the territory transferred from that district to the State of
Andhra Pradesh.

8.Sitting members of Legislative Councils.

8. Sitting members of Legislative Councils. Every sitting member of the Legislative Council of Andhra Pradesh or of Mysore representing a council constituency the extent of which is altered by virtue of section 7 shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.

9.Extension of jurisdiction of Andhra Pradesh High Court.

9. Extension of jurisdiction of Andhra Pradesh High Court. (1) As from the appointed day,–

(a) the jurisdiction of the High Court of Andhra Pradesh shall extend to the transferred territory; and

(b) the High Court of Mysore shall have no jurisdiction in respect of the said territory.

(2) If, immediately before the appointed day, there is any proceeding relatable to the transferred territory pending in the High
Court of Mysore, then, notwithstanding anything contained in sub-
section (1), such proceeding shall be heard and disposed of by that
High Court.

(3) Any order made by the High Court of Mysore in any proceeding with respect to which that High Court exercises jurisdiction by virtue of sub-section (2) shall, for all purposes, have effect, not only as an order of the High Court of Mysore but also as an order made by the
High Court of Andhra Pradesh.

(4) For the purposes of this section,–

(a) proceedings shall be deemed to be pending in the High
Court of Mysore until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs;

(b) references to a High Court shall be construed as including references to a Judge or division court thereof, and references

910.to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or
Judge.

10.Appropriation of moneys for expenditure in transferred territory underexisting
Appropriation Acts.

10. Appropriation of moneys for expenditure in transferred territory under existing Appropriation Acts. As from the appointed day, any Act passed by the Legislature of Andhra Pradesh before that day for the appropriation of any money out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1968-69 shall have effect also in relation to the transferred territory, and it shall be lawful for the State Government to spend any amount for that territory out of the amount authorised by such Act to be expended for any services in that State.

11.Assets and liabilities.

11. Assets and liabilities. (1) All land and all stores, articles and other goods in the transferred territory belonging to the State of
Mysore shall, as from the appointed day, pass to the State of Andhra
Pradesh.

Explanation.–In this sub-section, the expression “land” includes immovable property of every kind and any rights in or over such property and the expression “goods” does not include coins, bank notes and currency notes.

(2) All rights, liabilities and obligations, whether arising out of a contract or otherwise, of the State of Mysore in relation to the transferred territory shall, as from the appointed day, be the rights, liabilities and obligations, respectively, of the State of Andhra
Pradesh.

12.State Financial Corporations and State Electricity Boards.

12. State Financial Corporations and State Electricity Boards. As from the appointed day,–

(a) the Financial Corporations constituted under the State
Financial Corporations Act, 1951 (63 of 1951), for the
States of Mysore and Andhra Pradesh, and

(b) the State Electricity Boards constituted under the
Electricity (Supply) Act, 1948 (54 of 1948) for the said States.

shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 3.13.Extension of laws.

13. Extension of laws. All laws which, immediately before the appointed day, extend to, or are in force in, the Hindupur taluk of
Anantapur district in the State of Andhra Pradesh but do not extend to, or are not in force in, the transferred territory, shall, as from that day, extend to, or as the case may be, come into force in, the transferred territory; and all laws which,

911.immediately before the appointed day, are in force in the transferred territory but not in the Hindupur taluk of Anantapur district in the
State of Andhra Pradesh shall, on that day, cease to be in force in the transferred territory, except as respects things done or omitted to be done before that day.

Explanation.–In this section, “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the State of Andhra Pradesh or Mysore.

14.Power to construe laws.

14. Power to construe laws. Any court, tribunal or authority required or empowered to enforce any law extended to the transferred territory by section 13 may, for the purpose of facilitating its application in relation to the transferred territory, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

15.Legal proceedings.

15. Legal proceedings. Where, immediately before the appointed day, the State of Mysore is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the
State of Andhra Pradesh under this Act, the State of Andhra Pradesh shall be deemed to be substituted for the State of Mysore as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

16.Transfer of pending proceedings.

16. Transfer of pending proceedings. (1) Every proceeding pending immediately before the appointed day before any court (other than a
High Court), tribunal, authority or officer in any area which on that day falls within the State of Mysore shall, if it is a proceeding relating exclusively to any part of the transferred territory, stand transferred to the corresponding court, tribunal, authority or officer in the State of Andhra Pradesh.

(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the
High Court of Mysore and the decision of that High Court shall be final.

(3) In this section,–

(a) “proceeding” includes any suit, case or appeal, and

912.(b) “corresponding court, tribunal, authority or officer” in the State of Andhra Pradesh means–

(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or

(ii) in case of doubt, such court, tribunal, authority or officer in that State as may be determined after the appointed day by the Government of Andhra
Pradesh, or before the appointed day by the Government of Mysore, to be the corresponding court, tribunal, authority or officer.

17.Effect of provisions inconsistent with other laws.

17. Effect of provisions inconsistent with other laws. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

18.Power to remove difficulties.

18. Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act (including any difficulty in relation to the transition under section 13 from one law to another law), the President may by order do anything not inconsistent with any such provision which appears to him to be necessary for the purpose of removing the difficulty.

19.Power to make rules.

19. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1*[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

SCHE

TERRITORY TRANSFERRED FROM THE STATE OF MYSORE TO THE STATE OF ANDHRAPRADESH

THE SCHEDULE

[See sections 2 (d) and 3]

TERRITORY TRANSFERRED FROM THE STATE OF MYSORE TO THE STATE OF
ANDHRA PRADESH

Area comprised in survey number 19 of “Abakavaripalli” village of
Bagepalli taluk in Kolar district.
———————————————————————-
1. Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).

THE ANDHRA PRADESH LEGISLATIVE COUNCIL ACT, 2005

An Act to provide for the creation of Legislative Council for the State of Andhra Pradesh and for matters supplemental, incidental and consequential thereto.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

1. Short title.

1. Short title.-This Act may be called the Andhra Pradesh Legislative Council Act, 2005.

2. Definitions.

2. Definitions.-In this Act, unless the context otherwise requires, each of the words and expressions used herein and not defined but defined in the Representation of the People Act, 1950 (43 of 1950), shall have the same meaning as in that Act.

3. Creation of Legislative Council for Andhra Pradesh.

3. Creation of Legislative Council for Andhra Pradesh.-(1) As from such date as the President may by order appoint, there shall be a Legislative Council for the State of Andhra Pradesh; and as from that date, in sub-clause (a) of clause (1) of article 168, after the words ”States of”, the words ”Andhra Pradesh,”, shall be inserted.

(2) In the said Council, there shall be 90 seats of which-

(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be 31, 8 and 8 respectively;

(b) the number to be filled by persons elected by the members of the Legislative Assembly of Andhra Pradesh in accordance with the provisions of sub-clause (d) of the said clause shall be 31; and

(c) the number to be filled by persons nominated by the Governor of Andhra Pradesh in accordance with the provisions of sub-caluse (e) of that clause shall be 12.

(3) As soon as may be after the commencement of this Act, the President, after consultation with the Election Commission, shall, by order, determine-

(a) the constituencies into which the State of Andhra Pradesh shall be divided for the purpose of elections to the said Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) the extent of each constituency; and

(c) the number of seats to be allotted to each constituency.

(4) As soon as may be after such determination, steps shall be taken to constitute the said Council in accordance with the provisions of this Act, the Representation of the People Act, 1950 (43 of 1950) and the Representation of the People Act, 1951 (43 of 1951).

4. Amendment of Third Schedule and Fourth Schedule of Act 43 of 1950.

4. Amendment of Third Schedule and Fourth Schedule of Act 43 of 1950.-In the Representation of the People Act, 1950,-

(a) in the Third Schedule, before entry No. 2 relating to Bihar, the following entry shall be inserted, namely:-

“1. Andhra Pradesh 90 31 8 8 31 12”;

(b) in the Fourth Schedule, before the heading “BIHAR”, the following heading and entries shall be inserted, namely:-

“ANDHRA PRADESH

1. Municipal Corporations.

2. Municipalities.

3. Nagar Panchayats.

4. Cantonment Boards.

5. Zila Praja Parishads.

6. Mandal Praja Parishads.”.

5. Amendment of section 15A of Act 43 of 1951.

5. Amendment of section 15A of Act 43 of 1951.-In section 15A of the Representation of the People Act, 1951, for the words and figures “under the Legislative Councils Act, 1957”, the words and figures “under the Andhra Pradesh Legislative Council Act, 2005” shall be substituted.

THE BENGAL SUPPRESSION OF TERRORISTOUTRAGES (SUPPLEMENTARY) ACT, 1932

An Act to supplement the Bengal Suppression of Terrorist Outrages Act,
1932.WHEREAS it is expedient to supplement the Bengal Suppression of
Terrorist Outrages Act, 1932 ( Ben.Act 12 of 1932); It is hereby enacted as follows:-

1.Short title.

1.Short title. This Act may be called the Bengal Suppression of
Terrorist Outrages (Supplementary) Act, 1932.
2.Definitions.

2.Definitions.In this Act,-

(a) “Code” means the Code of Criminal Procedure, 1898 ( 5.of 1898); and

(b) “local Act” means the Bengal Suppression of Terrorist
Outrages Act, 1932.(Ben.Act 12 of 1932.)

3.Appeals.

3. Appeals. (1) An appeal shall lie to the High Court of
Judicature at Fort William in Bengal, from-

(a) any sentence passed by a Special Magistrate in any trial held under the local Act in the presidency-town of
Calcutta,

(b) any sentence of transportation for a term exceeding two years, or of imprisonment for a term exceeding four years passed by a Special Magistrate in any trial under the local
Act held outside the presidency-town of Calcutta.

(2) An appeal under sub-section (1) shall be presented within thirty days from the date of the sentence, and shall be disposed of by the High Court in the manner provided in Chapter XXXI of the Code for the hearing of appeals.

4.Effect of section 19 of local act.

4. Effect of section 19 of local act. Section 19 of the local
Act shall have effect as if it had been enacted by the Indian legislature.

5.Exclusion of interference of courts with proceedings under local Act.

5.Exclusion of interference of courts with proceedings under local Act. Notwithstanding the provisions of the Code, or of any other law for the time being in force, or of anything having the force of law, there shall, save as provided in the local Act as supplemented by this Act, be no appeal from any order or sentence passed by a Special Magistrate under the local Act and save as aforesaid no Court shall have authority to revise such order or sentence, or to transfer any case from any such Magistrate, or to make any order under section 491 of the Code, or have any jurisdiction of any kind in respect of any proceedings of any such Magistrate, or of any direction made under
Chapter II of the local Act:

1* *

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1 Proviso to s. 5 was rep. by the A. O. 1937.—————————————————————-