6[Repealed by Act 4 of 2018, S. 3 and Sch. II]
WHEREAS doubts have arisen as to the extent and operation of the Transfer of Property Act, 1882, and as to the power of the 5[Government] to impose limitations and restrictions upon grants and other transfers of land made by it or under its authority, and it is expedient to remove such doubts; It is hereby enacted as follows:
Statement of Objects and Reasons. The Transfer of Property Act, 1882, Sections 10-12 invalidate with certain exceptions all conditions for the forfeiture of the transferred property on alienation by the transferee and all limitations over consequent upon any such alienation or any insolvency of or attempted alienation by him. The Crown is not specifically mentioned in the Act, and it may be assumed that it was not designed to impose fetters of this description upon the discretion of the Crown, especially as to the creation of inalienable jahgirs in grants made for public services; but it has been thought better to set the question at rest by express legislation.
Upon a late occasion the Government of India were advised that it is not competent for the Crown to create an inalienable and impartible estate in the land comprised in any Crown grant, unless such land has heretofore descended by custom as an impartible Raj. The second sub-section of the Bill is intended to obviate this inconvenience by providing that all Crown grants are to be construed according to their tenor, notwithstanding any rule of law which might otherwise affect their operation.
1. Title and extent. (1) This Act may be called The7[Government] Grants Act, 1895.
(2) It extends to the whole of India except 8[ the territories which, immediately before the 1st November, 1956, were comprised in Part B States]. 9[* * *].
(3) 10[* * *]
HIMACHAL PRADESH. In its application to the State of Himachal Pradesh in Section 1, omit sub-section (2). Vide H.P. (Application of Laws) Order, 1948, Para 3 & Sch. (25-12-1948).
KARNATAKA. In its application to the State of Mysore in Section 1(2), after the words in Part B States , add Other than the territories specified in clause (a) and clause (c) of sub-section (1) of Section 7 of the States Reorganisation Act, 1956 . Mysore Act 13 of 1973, Section 2 (w.e.f. 2-6-1973); Central Act 31 of 1973).
2. Transfer of Property Act, 1882, not to apply to Government grants. Nothing in the Transfer of Property Act, 1882, contained shall apply or be deemed ever to have applied to any grant or other transfer of land or of any interest therein heretofore made or hereafter to be made 11[by or on behalf of the 12[Government]] to, or in favour of any person whomsoever; but every such grant and transfer shall be construed and take effect as if the said Act had not been passed.
All provisions, restrictions, conditions and limitations over contained in any such grant or transfer as aforesaid shall be valid and take effect according to their tenor, any rule of law, statute or enactment of the Legislature to the contrary notwithstanding.
UTTAR PRADESH. In its application to the State of Uttar Pradesh, for Sections 2 and 3, the following shall be substituted, and be deemed always to have been so substituted,
2. (1) Transfer of Property Act, 1882, not to apply to Government Grants. Nothing contained in the Transfer of Property Act, 1882, shall apply or be deemed ever to have applied to any grant or other transfer of land or of any interest therein, heretofore made or thereafter to be made, by or on behalf of the Government to or in favour of any person whomsoever; and every such grant and transfer shall be construed and take effect as if the said Act had not been passed.
(2) U.P. Tenancy Act, 1939 and Agra Tenancy Act, 1926 not to affect certain leases made by or on behalf of the Government. Nothing contained in the U.P. Tenancy Act, 1939, or the Agra Tenancy Act, 1926, shall affect or be deemed to have ever affected any rights, created, conferred or granted, whether before or after the date of the passing of the Government Grants (U.P. Amendment) Act, 1960, by leases of land by, or on behalf of, the Government in favour of any person, and every such creation, conferment or grant shall be construed and take effect, notwithstanding anything to the contrary contained in the U.P. Tenancy Act, 1939 or the Agra Tenancy Act, 1926.
(3) Certain leases made by or on behalf of the Government to take effect according to their tenor. All provisions, restrictions, conditions and limitations contained in any such creation, conferment or grant referred to in Section 2, shall be valid and take effect according to their tenor; any decree or direction of a Court of law or any rule of law, statute or enactments of the Legislature, to the contrary notwithstanding:
Provided that nothing in this section shall prevent, or be deemed ever to have prevented the effect of any enactment relating to the acquisition of property, land reforms or the imposition of ceiling on agricultural lands . U.P. Act 13 of 1960, Section 2.
1. Subs. by the A.O. 1950.
2. This Act is made applicable to the area comprised immediately, before 1st November, 1956, in the State of Pepsu, by Punjab Act, 1958. It has been extended to the Union Territories of Dadra and Nagar Haveli, to Goa, Daman and Diu, Laccadive, Minicoy and Amindivi islands by Reg. 6 of 1963, 11 of 1963 and 2 of 1970, respectively. It has also been extended to Himachal Pradesh (now a State) by Himachal Pradesh (Application of Laws) Order, 1948. It has been repealed in Rajasthan by Rajasthan Act, 1961 and Malabar district of Kerala by Kerala Act, 1960.
3. Subs. by the A.O. 1950.
4. Subs. by the A.O. 1950.
5. Subs. by the A.O. 1950.
6. Repealed by Act 4 of 2018, S. 3 and Sch. II, dated 8-1-2018.
7. Subs. by the A.O. 1950.
8. Subs. by (No. 2) A.L.O., 1956.
9. The word and at the end of sub-section (2) omitted by Act 10 of 1914.
10. Sub-section (3) omitted by Act 10 of 1914.
11. Subs. by the A.O. 1937.
12. Subs. by the A.O. 1950.