Bare Act Search Results

Bombay General Clauses Act, 1904, (Maharashtra) Section 23

Title: Publication of Orders and Notifications in the Official Gazette to Be Deemed to Be Due Publication

State: Maharashtra

Year: 1904

Where, in any Bombay Act 1[or Maharashtra Act], or in any rule passed under any such Act, it is directed that any order, notification or other matter shall be notified or published, then such notification or publication shall, unless the enactment or rule otherwise provides, be deemed to be duly made if it is published in the 2[Official Gazette]. _____________________________ 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. The words "Official Gazette " were substituted for the words "Bombay Government Gazette" by the Maharashtra Adaptation of Laws (State and Concurrent Subject) Order, 1960.

Ancient Monuments Preservation Act, 1904 [Repealed] Repealing Act 1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

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;.....

Bombay 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.....

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 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 [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.

Ancient Monuments Preservation Act, 1904 [Repealed] Section 10A

Title: Power Central Government to Control Mining, Etc., Near Ancient Monument

State: Central

Year: 1904

.....and (c) prescribing the authority by which, and the terms on which, licences may be granted to carry on any of the said operations. (2) The power to make rules given by this section is subject to the condition of the rules being made after previous publication. (3) A rule made under this section may provide that any person committing a breach thereof shall be punishable with fine which may extend to two hundred rupees. (4) If any owner or occupier of land included in a notification under sub-section (1) proves to the satisfaction of the {Substituted by the A.O.1937, for " L, G.".} [Central Government] that he has sustained loss by reason of such land being so included, the {Substituted by the A.O.1937, for " L, G.".} [Central Government] shall pay compensation in respect of such loss.]

Ancient Monuments Preservation Act, 1904 [Repealed] Section 17

Title: Power to Central Government to Control Traffic in Antiquities

State: Central

Year: 1904

.....be liable to confiscation. (4) An officer of Customs, or an officer of Police of a grade not lower than Sub-Inspector, duly empowered by the {Substituted by the A.O 1937, by the A.O.1937, for "L.G." }[Central Government] in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect of which an offence has been committed under sub-section (2) are contained therein. (5) A person who complains that the power of search mentioned in sub-section (4) has been vexatiously or improperly exercised may address his complaint to the {Substituted by the A.O 1937, by the A.O.1937, for "L.G." }[Central Government], and the {Substituted by the A.O 1937, by the A.O.1937, for "L.G." }[Central Government] shall pass such order and may award such compensation, if any, as appears to it to be just.

Ancient Monuments Preservation Act, 1904 [Repealed] Section 18

Title: Poweer to Central Government to Control Moving of Sculptures , Carvings or Like Objects

State: Central

Year: 1904

.....the Collector may require. (3) If the Collector refuses to grant such permission, the applicant may appeal to the Commissioner, whose decision shall be final. (4) Any person who moves any object in contravention of a notification issued under sub-section (1), shall be punishable with fine which may extend to five hundred rupees. (5) If the owner of any property proves to the satisfaction of {Substituted by the A.O 1937, by the A.O.1937 for " the L.G."}[the Central Government] that he has suffered any loss or damage by reason of the inclusion of such property in a notification published under sub-section (1), {Substituted by the A.O.1937 for " the L.G."}[the Central Government] shall either (a) exempt such property from the said notification; (b) purchase such property, if it be moveable, at its market - value; or (c) pay compensation for any loss or damage sustained by the owner of such property, if it be immoveable.