Cutchi Memons Act, 19201
| [Act No. 46 of 1920] | [17th September, 1920] |
| [Repealed by Act 10 of 1938, Section 4 (w.e.f. 1-11-1938)] | [17th September, 1920] |
Passed by the Indian Legislative Council.
An Act to enable Cutchi Memons to be governed in matters of succession and inheritance by the Muhammadan law.
Whereas it is expedient to enable those Cutchi Memons who so desire to be governed in matters of succession and inheritance by the Muhammadan law; It is hereby enacted as follows:-
1 Received the assent of the Governor General on the 17th September, 1920.
1. Short title.- This Act may be called the Cutchi Memons Act, 1920.
2. Power to make a declaration.- 1[(1)] 2[Any person who satisfies the prescribed authority-
(a) that he is a Cutchi Memon and is the person whom he represents himself to be;
(b) that he is competent to contract within the meaning of section 11 of the Indian Contract Act, 1872 (IX of 1872); and
(c) that he is resident in British India,]
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Prior to Amendment by Act 34 of 1923, Section 2 read as:
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2. Power to make a declaration.- Any Cutchi Memon who-
(a) has attained the age of majority, and
(b) is resident in British India,
may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of this Act, and thereafter the declarant and all his minor children and their descendants shall in matters of succession and inheritance be governed by the Muhammadan law.
1 Renumbered by Act 34 of 1923, S. 2(1).
2 Subs. by Act 34 of 1923, S. 2(1).
3. Rule-making power of Local Governments.- (1) 1[(1) Where the prescribed authority refuses to accept a declaration under sub-section (1), the person desiring to make the same may appeal to such officer as the Local Government may, by general or special order, appoint in this behalf, and such officer may, if he is satisfied that the appellant is entitled to make the declaration, order the prescribed authority to accept the same.]
(2) 2[(1) The Local Government may make rules to carry into effect the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) for prescribing the authority before whom and the form in which declarations under this Act shall be made;
(b) for prescribing the fees to be paid for the filing of declarations and for the attendance at private residences of any person in the discharge of his duties under this Act; and for prescribing the times at which such fees shall, be payable and the manner in which they shall be levied.]
(3) Rules made under the provisions of this section shall be published in the local official Gazette and shall thereupon have effect as if enacted in this Act.
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Prior to Amendment by Act 34 of 1923, Order, 1937, Section 3 read as:
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3. Rule-making power of Local Governments.- (1) The Local Government may make rules prescribing the authority before whom and the form in which the declarations under this Act shall be made.
(2) Rules made under the provisions of this section shall be published in the local official Gazette and shall thereupon have effect as if enacted in this Act.
1 Added by Act 34 of 1923, S. 2(2).
2 Subs. for sub-section (1) by 34 of 1923, S. 3.