Bare Act Search Results

Ancient Monuments Preservation Act, 1904 [Repealed] Repealing Act 1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.....

Bombay 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.

Bombay 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framed.-Framing of new octroi rules would repeal earlier one by necessary implication even though some other rules were repealed specifically.-Swastik Rubber Products Ltd.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.....

Bombay 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.

Bombay General Clauses Act, 1904, (Maharashtra) Section 10

Title: Commencement and Termination of Time

State: Maharashtra

Year: 1904

.....of days or any other period of time, to use the word, "to". (2) This section applies also to all Bombay Acts made before the commencement of this Act. NOTES The two parts of section 10(1) of the Bombay General Clauses Act, 1904 are independent. It is not as if the section applies only when the Legislature has used both the expression 'from' and 'to'.- Gopal Raghunath v. Govind Pandurang, I. L. R. 1953 Bom. 431 : AIR 1953 Bom. 198 : 55 Bom. L. R. 50. Word "From" having been used on date of notification was published would have excluded while calculating period of one month. Section 63 of the Maharashtra Municipal .Councils, Nagar Panchayats and Industrial Townships Act, 1965 envisages that applications has to be filed within a period not more than "one month" the date of notification of the election result. When expression "from" is used in section 63(2B) the same would necessarily mean that the first date in a series of date or period of time will have to be excluded in view of section 10 of the Bombay General Clauses Act, 1904.-Ravi s/o Anandilal Umre & Ors. v. Collector, Wardha & Anr.; Pradeep Sinha s/o Ujgar Sinha Thakur & Anr., 2008 (3) Mah. L.J. 758. .....

Bombay 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.

Bombay 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.

Bombay 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.

Bombay General Clauses Act, 1904, (Maharashtra) Section 24

Title: Provisions Applicable to Making of Rules or by

State: Maharashtra

Year: 1904

Where, by any Bombay Act 1[or Maharashtra Act], a power to make rules or by-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then the following provisions shall apply, namely- (a) the authority having power to make the rules or by-laws shall, before making them, publish a draft of the proposed rules or by-laws for the information of persons likely to be affected thereby; (b) the publication shall be made in such manner as that authority deems to be sufficient or, if the condition with respect to previous publication so requires, in such manner as the 2[Central Government, or as the case may be, the 3[State] Government] prescribes; (c) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration; (d) the authority having power to make the rules or by-laws and, where the rules or by-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or by-laws from any person with respect to.....

Ancient Monuments Preservation Act, 1904 Complete Act

State: Central

Year: 1904

.....Pradesh: M. P. Act 12 of 1964; Maharashtra: Maha. Act 12 of 1961; Manipur: Manipur Act 15 of 1977; Punjab: Punj. Act 20 of 1964; Rajasthan: Raj. Act 19 of 1961. The Act has also ceased to have effect in relation to ancient and historical monuments and archaeological sites and remains which are declared by or under the Central Act 24 of 1958 to be of national importance: See Act 24 of 1958, S. 39 (2). See also the following State Acts on the same subject. Assam Act 25 of 1959; J. and K. Act 5 of 1977 (1920 A.D.); Kerala Act 26 of 1969; Uttar Pradesh Act 7 of 1957; West Bengal Act 31 of 1957 SECTION 01: SHORT TITLE AND EXTENT - (1) This Act may be called The Ancient Monuments Preservation Act, 1904. 2[(2) It extends to the whole of India3[except the State of Jammu and Kashmir].] SECTION 02: DEFINITIONS - In this Act, unless there is anything repugnant in the subject or context,- (1) "ancient monument" means any structure, erection or monument or any tumulus or place of interment, or any cave, rock-sculpture, inscription or monolith, which is of historical, archaeological or artistic interest, or any remains thereof, and includes- (a) the site of an ancient monument;.....