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Start Free TrialAncient Monuments Preservation Act, 1904 [Repealed] Repealing Act 1
Title: Ancient Monuments and Archaeological Sites and Remains Act, 1958
State: Central
Year: 1904
..... 7. Owners under disability or not in possession (1) Ifthe owner of a protected monument is unable, by reason of infancy or otherdisability, to act for himself, the person legally competent to act on hisbehalf may exercise the powers conferred upon an owner by section 6. (2) In the case ofvillage property, the headman other village-officer exercising powers of management over such property mayexercise the powers conferred upon an owner by section 6. (3) Nothing in thissection shall be deemed to empower any person not being of the same religion asthe person on whose behalf he is acting to make or execute an agreement relatingto a protected monument which or any part of which is periodically used for thereligious worship or observances of that religion. 8. Application of endowment to repair a protected monument (1)If any owner or other person competent to enter into an agreement under section6 for the maintenance of a protected monument refuses or fails to enter intosuch an agreement, and if any endowment has been created for the purpose ofkeeping such monument in repair or for that purpose among other, the CentralGovernment may institute a suit in the court of the.....
View Complete Act List Judgments citing this sectionAncient Monuments Preservation Act, 1904 [Repealed] Section 3
Title: Protected Monuments
State: Central
Year: 1904
(1) The {Substituted by the A.O.1937, for " L.G.".} [Central Government] may, by notification in the Official Gazette, declare an ancient monument to be a protected monument within the meaning of this Act. (2) A copy of every notification published under sub-section (1) shall be fixed up in a conspicuous place on or near the monument, together with an intimation that any objections to the issue of the notification received by the {Substituted by the A.O.1937, for " L.G.".} [Central Government] within one month from the date when it is so fixed up will be taken into consideration. (3) On the expiry of the said period of one month, the {Substituted by the A.O.1937, for " L.G.".} [Central Government], after considering the objections, if any, shall confirm or withdraw the notification. (4) A notification published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it relates is an ancient monument within the meaning of this Act.
View Complete Act List Judgments citing this sectionAncient Monuments Preservation Act, 1904 [Repealed] Section 20
Title: Power of Central Government to Notify Areas as Protected
State: Central
Year: 1904
(1) If the Central Government {The words " after consulting the L.G." omitted by the A.O.1937.} of opinion that excavation for archeological purposes in any area should be restricted and regulated in the interests of archological research, the Central Government may, by notification in the Official Gazette specifying the boundaries of the area, declare it to be a protected area. (2) From the date of such notification all antiquities buried in the protected area shall be the property of the Government and shall be deemed to be in the possession of the Government, and shall remain the property and in the possession of the Government until Ownership thereof is transferred; but in all other respects the rights of any owner or occupier of land in such area shall not be affected.
View Complete Act List Judgments citing this sectionBombay General Clauses Act, 1904, (Maharashtra) Preamble
Title: the Bombay General Clauses Act, 1904
State: Maharashtra
Year: 1904
.....settle the form of and bring together in one Act, many detailed provisions which commonly appeared in special Acts authorising various kinds of public undertakings, such as the construction of railways. Thereafter the provisions of the Appropriate Clauses Act could be incorporated by reference in subsequent special Acts, thereby promoting uniformity and consistency and shortening and simplifying the special Acts. Some Clauses Acts are deemed incorporated in later special Acts unless varied on excluded thereby; others apply only in so far as expressly incorporated".-The Oxford Companion to Law, David M. Walker, Clarendon Press, Oxford, 1980. __________________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1903, Pt. VII, pp. 5, 6 ; for Report of Select Committee, see ibid., 1904, Pt. VII p. 1, and for Proceedings in Council, see ibid., 1903, Pt. VII, p. 130, ibid., 1904, Pt. VII, p. 42.
View Complete Act List Judgments citing this sectionBombay General Clauses Act, 1904, (Maharashtra) Section 1A
Title: Extension of Application of Act to Acts, Rules, Etc., Made on or After the 1st Day of November, 1956
State: Maharashtra
Year: 1904
.....provisions as regards interpretations of words and legal principles which would otherwise have to be specified separately in many different Acts and Regulations. Whatever the General Clauses Act says whether as regards the meanings of words or as regards legal principles, has to be read in every Statute to which it applies.-Chief Inspector of Mines v. Karam Chand Thapar, AIR 1961 SC 838 : 1962 (2) S. C. J. 172. It is enacted in order to shorten language used in parliamentary legislation and to avoid repetition of the same words in the course of the same piece of legislation.-N. Subramania Iyer v. Official Receiver, Quilon, AIR 1958 SC 1 : 1958 S. C. J. 1. _______________________________________ 1. This section was inserted by Bom. 24 of 1957, Section 2. 2. The words "State of Bombay" shall stand unmodified, vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
View Complete Act List Judgments citing this sectionBombay General Clauses Act, 1904, (Maharashtra) Section 1B
Title: Extension of Application of Act to Acts, Rules, Etc., of State of Maharashtra
State: Maharashtra
Year: 1904
.....in relation to Acts, Regulations and Ordinances of the State of Maharashtra passed, made or promulgated on or after the 1st day of May, 1960 and such provisions of this Act as relate to any notification, order, scheme, rule, bye-law or form shall apply also in relation to any notification, order, scheme, rule, by-law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date : Provided that, where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated on or after that date amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated in relation to any territory of the State of Maharashtra, not being the Bombay area of that State, the law in force in those territories in respect of the interpretation of the law so amended shall apply to the amending law, and not the provisions hereinafter of this Act.] _______________________________________ 1. This section was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
View Complete Act List Judgments citing this sectionBombay General Clauses Act, 1904, (Maharashtra) Section 3
Title: Definitions
State: Maharashtra
Year: 1904
..... NOTES Good faith.-See section 2(7) of the Indian Limitation Act, 1908, section 52 of the Indian Penal Code and section 178 of the Indian Contract Act. An ex parte decree was passed on February 12, 1935 by Ahmednagar Court and it was transferred to Poona Court on February 25, 1935. The decree was set aside on January 15, 1936. Again an ex parte decree was passed in 1936. No darkhast for execution of the subsequent decree was filed till June, 16, 1947, but four darkhasts were filed successively in Poona Court to execute the earlier decree of 1935 and were disposed off in 1936, 1939, 1942 and 1946 respectively. A fifth darkhast was filed in 1946 to execute the earlier decree and an application made in 1947 to amend the darkhast so as to execute the subsequent decree. It was held, that the decree holder was not entitled to claim relief under section 14(2) of the Indian Limitation Act as the previous darkhasts were not prosecuted in good faith.-Sadashiv Shivramv. Govind Sadashiv, I. L. R. 1954 Bom. 1173 : AIR 1955 Bom. 93 : 55 Bom. L. R. 785; Balkrishnayya v. LingaRao, 1943 Mad. 804 (Dist.). Bona fides.-Meaning.-'Bonafides' is mental state negativing fraud or dishonesty. It.....
View Complete Act List Judgments citing this sectionBombay General Clauses Act, 1904, (Maharashtra) Section 5
Title: Coming into Operation of Bombay Acts or Maharashtra Acts
State: Maharashtra
Year: 1904
.....is first published as an Act in the Official Gazette; (ii) in the case of a Bombay Act 2[or Maharashtra Act] made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the Official Gazette]. (2) Unless the contrary is expressed, a Bombay Act [or Maharashtra Act] be construed as coming into operation immediately on the expiration of the day preceding its commencement. NOTES Extension of the Act.- It is clear that without notification, the Bombay Act could not be held to have been validly applied to the State of Kutch.-Agria Osman v. Kutch State, AIR 1951 Kutch 9. ____________________________ 1. This sub-section was substituted for the original sub-section by the Adaptation of Laws Order, 1950. 2. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
View Complete Act List Judgments citing this sectionBombay General Clauses Act, 1904, (Maharashtra) Section 6
Title: Printing of Date on Which Act is Published After Having Received the Assent of the Governor, Governor
State: Maharashtra
Year: 1904
In this Act, and in every Bombay Act 1[or Maharashtra Act], made after the commencement of this Act, the date of such publication as is mentioned in section 5, sub-section (1), shall be printed above the title of the Act, and shall form part of the Act. __________________________________ 1. These words were Inserted by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
View Complete Act List Judgments citing this sectionBombay General Clauses Act, 1904, (Maharashtra) Section 7
Title: Effect of Repeal
State: Maharashtra
Year: 1904
.....Pandurang, I. L. R. 1960 Bom. 172 : 1959 Bom. L. R. 1112; Sakharam Narayan v. Manikchand, 1955 (57) Bom.. L. R. 223 followed. Repeal of rules when new rules framed.-Framing of new octroi rules would repeal earlier one by necessary implication even though some other rules were repealed specifically.-Swastik Rubber Products Ltd. v. Municipal Corporation for the City of Poona, 1981 (4) SCC 219 : AIR 1981 SC 2022. When a temporary Act lapses, the rules and orders made thereunder expire.-State of Bombay v. Heman Shantilal, AIR 1952 Bom. 16. Section 7(1) of the Act would be applicable to the repeal of Poona City Municipal Corporation, rule 5(8) of the Exemption Rules and the consequences stated therein must follow, unless there is something in the repealed rule itself which ends the exemption.-Kirloskar Pneumatic Company Ltd. v. Municipal Corporation for the City of Poona, 1969 Man. L. J. 832. Repealed Notification.-It was held that the Notification even if it continued in force because of the application of section 25 of the Bombay General Clauses Act, 1904, extended the Ordinance and not the Act. In the result, the connection made by the State that the Act had been.....
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