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Shore Nuisances (Bombay and Kolaba) Act, 1853 Complete Act

Title: Shore Nuisances (Bombay and Kolaba) Act, 1853

State: Central

Year: 1853

Preamble1 - SHORE NUISANCES (BOMBAY AND KOLABA) ACT, 1853 Section1 - Power to give notice to remove nuisance Section2 - Petition by person denying right to remove nuisance Section3 - Onus of proving right Section4 - Limitation of time for petition Section5 - When Collector may cause removal of nuisance Section6 - Power to sell materials of encroachment Section7 - Saving of rights of Government Section8 - High-water mark defined ScheduleI - SCHEDULE

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Shore Nuisances (Bombay and Kolaba) Act, 1853 Preamble 1

Title: Shore Nuisances (Bombay and Kolaba) Act, 1853

State: Central

Year: 1853

THE SHORE NUISANCES (BOMBAY AND KOLABA) ACT, 1853 [Act, No. 11 of 1853] [l5th July, 1853] PREAMBLE An Act to facilitate the removal of nuisances and encroachments below high-water mark in the Islands of Bombay and Kolaba. WHEREAS there is a large sea-shore in the islands of Bombay and Kolaba, and it is expedient, with a view to the safe navigation of the harbour of Bombay, and to the public interests generally, to facilitate the removal of nuisances, obstructions and encroachments below high-water mark in the said harbour; or upon or about the, shores of the said islands; It is enacted as follows:

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Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 1

Title: Power to Give Notice to Remove Nuisance

State: Central

Year: 1853

It shall be lawful for the Collector of Land-revenue at Bombay to give notice requiring the removal of any nuisance, obstruction or encroachment anywhere below high-water mark in the said harbour of Bombay, or upon or about the shores of the said islands; Mode of giving notice such notice shall be given by affixing the same in some conspicuous place on or near to the encroachment, obstruction or nuisance complained of, and by publication thereof in the [Substitute by the A.O.1937 for " Bombay Govt. Gazette".] [Official Gazette], and shall Contents state that, unless the nuisance, obstruction or encroachment be removed or abated within one Form month the same will be removed or abated by the said Collector; such notice may be in the Form No.1, in the Schedule to this Act annexed, or to the like effect.

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Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 2

Title: Petition by Person Denying Right to Remove Nuisance

State: Central

Year: 1853

If any person shall deny the right of the said Collector to effect such abatement or removal, he shall, within one month after such notice shall have been given as aforesaid, apply to the Supreme Court of Judicature at Bombay by petition, setting forth the grounds of his alleged right and praying that the said Collector may be restrained from causing such abatement or removal; and the said Procedure thereupon Court may thereupon (on the petitioner's giving sufficient security for costs), fix a time for hearing and adjudicating upon such petition, and give such directions, and make such orders as the said Court may think just, and the said Court may also make an order for restraining the alleged nuisance, obstruction or encroachment from being extended, or from being abated or removed by the said Collector, until after adjudication upon the said petition, or the dismissal thereof for want of prosecution.

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Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 5

Title: When Collector May Cause Removal of Nuisance

State: Central

Year: 1853

If no such petition shall be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorized by Form of warrant warrant under his hand, and such warrant may be in the Form No.2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall Indemnity not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment.

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Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947 Section 2

Title: Continuance of Certain Emergency Provisions

State: Central

Year: 1947

(1) Notwithstanding the expiry of the Defence of India Act, 1939, and the Emergency Provisions (Continuance) Ordiance, 1946 (a) the provisions of the Defence of India Rules mentioned in the first column of the Schedule to this Act shall continue in force, and shall have effect subject to the modifications specified in the second column thereof; (b) any order or other instrument made or deemed to be made under or in pursuance of any of the said provisions and in force immediately before the commencement of this Act shall continue in force so far as consistent with the provisions as continued in force by this section and be deemed to be made under or in pursuance of the provisions so continued in force. (2) The references in sub-section (1) to the Defence of India Rules shall be construed as references to those Rules as modified and continued in force by the Emergency Provisions (Continuance) Ordiance, 1946.

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Continuance of Legal Proceedings Act, 1948 Preamble 1

Title: Continuance of Legal Proceedings Act, 1948

State: Central

Year: 1948

THE CONTINUANCE OF LEGAL PROCEEDINGS ACT, 1948 [Act, No. 38 of 1948] [AS ON 1956] [3rd September, 1948] PREAMBLE An Act to provide for the continuance of certain legal proceedings by or against the Secretary of State. WHEREAS it is expedient to provide for the continuance of certain legal proceedings by or against the Secretary of State in respect of any right of India or any part of India which were pending immediately before the 15th day of August' 1947; It is hereby enacted as follows:--

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Continuance of Legal Proceedings Act, 1948 Section 3

Title: Continuance of Legal Proceedings

State: Central

Year: 1948

Any legal proceedings which, immediately before the appointed day,-- (a) were pending by or against the Secretary of State in any Court within the territories which as from the appointed day became the territories of India by virtue of subsection (1) of section 2 of the Indian Independence Act, 1947, 10 and 11 Geo.6, c.30.and (b) were in respect of any right of India or any part of India, shall-- (i) if the right in question was that of the Governor-General in Council be continued by or against the Dominion of India; (ii) if the right in question was that of the former Province of Bengal or the Punjab, be continued by or against the Province of West Bengal or East Punjab, as the case may be; and (iii) if the right in question was that of any Governor's Province other than Bengal, the Punjab, the North-West Frontier Province or Sind, be continued by or against that Province.

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Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947 Preamble 1

Title: The Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947

State: Central

Year: 1947

THE TRADING WITH THE ENEMY (CONTINUANCE OF EMERGENCY PROVISIONS) ACT, 1947 [Act, No. 16 of 1947] [AS ON 1955] [20th March, 1947] PREAMBLE An Act to provide for the continuance of certain provisions of the Defence of India Rules relating to the controll of trading with States, and persons and firms belonging to States at war with the Government of India, and the custody of the property belonging to them. WHEREAS it is expedient to provide for the continuance of certain provisions of the Defence of India Rules relating to the control of trading with States, and persons and firms belonging to States at war with the Government of India, and the custody of the property belonging to them; It is hereby enacted as follows :

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Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947, (Maharashtra) Preamble

Title: the Bombay Adjudication Proceedings (Transfer and Continuance) Act, 1947

State: Maharashtra

Year: 1947

THE BOMBAY ADJUDICATION PROCEEDINGS (TRANSFER AND CONTINUANCE) ACT, 1947 [Act No. 34 of 1947]1 [22nd November, 1947] PREAMBLE An Act to provide for the transfer and continuance of adjudication proceedings in trade disputes referred to an Adjudicator for adjudication under rule 81A of the Defence of India Rules and pending before such Adjudicator. WHEREAS it is expedient to enable the Provincial Government to transfer to, and continue before, a Tribunal constituted by the Provincial Government under the Industrial Disputes Act, 1947, adjudication proceedings in trade disputes referred to an Adjudicator for adjudication under rule 81A of the Defence of India Rules and pending before such Adjudicator at the commencement of this Act; It is hereby enacted as follows :-- ___________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1947. Pt. V, p. 339.

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