Bombay act 022 of 1950 : Bombay Merged Areas Enclaves and Specified Areas (Amendment of Laws) Act, 1950

Section 1. Short title

Chapter-I - Preliminary

CHAPTER I.

Preliminary.

1. Short title.- This Act may be called the Bombay Merged Areas, Enclaves and Specified Areas (Amendment of Laws) Act, 1950.

Section 2. Definitions

Chapter-II - Amendment of Bombay Act No. XXVIII of 1947

CHAPTER II.

Amendment of Bombay Act No. XXVIII of 1947.

2. Definitions.- In this Chapter, unless there is anything repugnant in the subject or context -

(1) "enclave" means any of the areas specified in Schedule I appended to this Act;

(2) "specified area" means any of the areas specified in Schedule II appended to this Act.

Section 3. Amendment of Bombay Agricultural Debtors Relief Act 1947, in its application to enclaves and specified areas

3. Amendment of Bombay Agricultural Debtors Relief Act 1947, in its application to enclaves and specified areas.- Notwithstanding anything contained in the States' Merger (Bombay) Order, 1950, the Provinces and States (Absorption of Enclaves) Order, 1950, and the India and Hyderabad (Exchange of Enclaves) Order, 1950, the Bombay Agricultural Debtors Relief Act, 1947, shall, in its application to the areas specified in Schedules I and II appended to this Act, be subject to the following modifications:-

In the said Act-

(1) to sections 2,-

(a) for clause (2) the following shall be substituted, namely:-

"(2) ‘co-operative society’ shall mean a society registered under any of the provisions corresponding to those contained in the Bombay Co-operative Societies Act, 1925, in force in any of the enclaves or specified areas, as the case may be, or a society registered under the said Act;"

(b) in clause (5),-

(i) for the figures, letters and word "30th January 1940" wherever they occur, the figures, letters and word "25th January 1950" shall be substituted;

(ii) for the words "the date of the coming into operation of this Act or of the establishment of the Board concerned under the repealed Act" wherever they occur, the words, figures and letters "25th day of January 1950" shall be substituted;

(2) in Section 4, for sub-section (1) the following sub-section shall be substituted, namely:-

"(1) Any debtor ordinarily residing in any local area or his creditor may make an application, before the 31st October 1960 to the Court for the adjustment of his debts";

(3) in Section 7, for the figures, letters and word "1st January 1938" the figures, letters and word "25th January 1950" shall be substituted;

(4) in Section 22, the following proviso shall be added at the end, namely:-

"Provided further that where any amount due to a creditor is determined by a competent tribunal or authority under any law in force in any of the enclaves or specified areas, as the case may be, relating to the conciliation or adjustment of the debts of agriculturists corresponding to this Act, the amount so determined shall be binding on the parties.";

(5) in Section 23, in the proviso, after the figures "1879" the words "or any enactment corresponding there to" shall be inserted;

(6) in Section 24, in sub-section (2), for the figures, letters and word "1st August 1947" the figures, letters and word "31st October 1950" shall be substituted;

(7) in Section 25,-

(a) in clause (i), the words and figures "or by a Board established under Section 4 of the repealed Act" shall be deleted;

(b) in clause (ii) for the figures, letters and words "15th day of February 1939" the figures, letters and word "25th January 1950" shall be substituted;

(8) in Section 32, in sub-section (2),-

(a) for clause (c), the following clause shall be substituted, substituted:-

"(c) loans given by resource societies or by persons authorized to advance loans under Section 54 for the financing of ??? for seasonal finance.";

(b) in the Explanation the words "under the repealed Act and the words "under this Art" shall be deleted;

(9) in Section 56, in sub-section (1),-

(a) for the words and figures "the Dekkhan Agriculturists' Relief Act, 1879 (XVII of 1879), by the Bombay Agricultural Debtors Relief Act, 1939 (Bom. XXVIII of 1939), the first mentioned Act", the words and figures "and enactment corresponding to the Dekkhan Agriculturists' Relief Act, 1897 (XVII of 1879), in force in any of the enclaves or specified areas, as the case may be, such enactment" shall be substituted;

(b) the words and brackets "with effect from the date of the coming into operation of this Act (hereafter in this section referred to as the said date)" shall be deleted;

(c) for the words "for a period of three years from the said date" the words, figures and letters "up to the 25th day of January 1953" shall be substituted;

(d) for the first proviso, the following proviso shall be substituted:-

"Provided that any proceeding in or out of any suit instituted on or before the 25th day of January 1953 shall be continued and disposed of after the said date as if the enactment corresponding to the Dekkhan Agriculturists' Relief Act, 1879, had continued in force after the said date.".

Section 4. Amendment of Bom. XXX of 1949

Chapter-III - Amendment of Bombay Act No. XXX of 1949

CHAPTER III.

Amendment of Bombay Act No. XXX of 1949

4. Amendment of Bom. XXX of 1949:- [The amendments made by Section 4 have been incorporated in the Bombay Merged Areas (Amendment of Laws) Act, 1949 (Bom. XXX of 1949).]

Section 5. Definition

Chapter-IV - Amendment of Bombay Act No. LXVII of 1948

¹[CHAPTER IV.

Amendment of Bombay Act No. LXVII of 1948.

5. Definition.- In this Chapter ‘enclave’ and ‘specified area’ shall have the same meaning as assigned to them in Section 2.

Section 6. Amendment of Bom. LXVII of 1948 in its application to enclaves and specified areas

6. Amendment of Bom. LXVII of 1948 in its application to enclaves and specified areas:- Notwithstanding anything contained in the States' Merger (Bombay) Order, 1950, the Provinces and States (Absorption of Enclaves) Order, 1950, and the India and Hyderabad (Exchange of Enclaves) Order, 1950, the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948), shall, in its application to the areas specified in Schedules I and II appended to this Act, be subject to the following modifications, namely:-

In the said Act-

(3) in Section 2, for clause (3) the following shall be substituted, namely:-

"(3) "Co-operative Society" means a society registered under any of the provisions corresponding to those contained in the Bombay Co-operative Societies Act, 1925 (Bom. VI of 1925), in force in any of the enclaves or specified areas, as the case may be or a society registered under the said Act;";

(2) in column 4 of the Schedule annexed to the said Act,-

(a) in Section 3-A of the Bombay Tenancy Act, 1939 (Bom. XXIX of 1939), referred to therein, for the words and figures "the eighth day of November 1947" the words and figures "the 25th day of January 1951" shall be substituted.

(b) in the proviso to sub-section (1) of Section 4 of the Bombay Tenancy Act, 1939 (Bom. XXIX of 1939), referred to therein-

(i) reference to "Section 9 of the Bombay Small Holders Relief Act, 1938" shall be read as reference to "any enactment corresponding to Section 9 of the Bombay Small Holders Relief Act, 1938 (Bom. VIII of 1938), if any, in force in any of the enclaves or specified areas, as the case may be";

(ii) for the words and figures "the eighth day of November 1944" the words and figures "the 25th day of January 1950" shall be substituted;

(c) in sub-section (2) of Section 4 of the Bombay Tenancy Act, 1939 (Bom. XXIX of 1939), referred to therein -

(i) for the words and figures "eighth day of November 1946" the words and figures "the 25th day of January 1950" shall be substituted;

(ii) in clause (b)(i) for the figures, letters and words "31st day of May 1947" the figures, letters and words "31st day of May 1951" shall be substituted;

(iii) in clause (b)(ii) for the figures, letters and words "1st day of June 1947" the figures, letters and words "1st day of June 1951" shall be substituted.]