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Bombay Forfeited Lands Restoration Act, 1938, (Maharashtra) Section 13

Title: Possession of Land to Be Taken After Declaration and Land to Vest Absolutely in Provincial Government

State: Maharashtra

Year: 1938

.....to the persons interested such compensation as is in his opinion reasonable for the said crops. The decision of the Collector regarding the amount of such compensation shall subject to the provisions of sub-section (3) be final. In case, such offer is not accepted, the Collector shall keep the amount of such compensation in deposit and the provisions of sub-section (2) of section 10 shall, so far as may be, apply to such deposit. (3) Any person aggrieved by the decision of the Collector regarding the amount of compensation under sub-section (2) may within fifteen days from the date of the said decision appeal to the Tribunal. The decision of the Tribunal in such appeal shall be final. (4) Such land shall, on its possession being taken by the Collector under sub-section (1), vest absolutely in the Provincial Government free from all encumbrances and the Provincial Government may restore it to the original holder thereof on such terms and conditions as it thinks fit.

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Insurance Act, 1938 Complete Act

State: Central

Year: 1938

.....to the business of insurance. Whereas it is expedient to consolidate and amend the law relating to the business of insurance; It is hereby enacted as foltows :- This Act has been applied to- (i) the partially excluded areas in the District of Darjesling, see Bengal Government Notification No. 1902-Com., dated 28-6-1939, Calcutta Gazette, dated 16-7-1939; (ii) the partially excluded areas in the Province of Orissa with effect from 14-10-1939, see Orissa Laws Validating Regulation, 1943 (1 of 1943). The Act has been extended to the new Provinces and Merged States by the S.3OF THE Merged States (Laws) Act, 1949 (1-1-1950) and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950), section 3 (16-4-1950). Manipur and Tripura are Union territories now and Vindhya Pradesh has been merged with the State of Madhya Pradesh -- See Act 37 of 1956, section 9(1)(e). It has been extended to the Union territories of- (1) Goa, Daman and Diu by Regn. 12 of 1962 (15-12-1963); (2) Dadra and Nagar Haveli, by Regn. 6 of 1963 (1-7-1965); (3) Pondicherry, by Regn. 7 of 1963 (1-10-1963); and (4) Laccadiv, Minicoy and Amindivi Islands, by Regn......

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The Punjab Restitution of Mortgaged Lands Act, 1938 Complete Act

State: Punjab

Year: 1938

THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 PUNJAB ACT NO. 4 OF 1938 CONTENTS Section Subject 1. Short title, extent and commencement 2. Application of the Act to subsisting mortgage effected prior to 8th June, 1901 3. Definitions 4. Petition for restitution 5. Procedure for dealing with petitions for restitution 6. Petition when to be dismissed. 7. Power of the Collector to declare and enforce orders in favour of mortgagor and to grant compensation to mortgagee in certain case. 8. Effect of order of restitution, when compensation is payable. 9. Power of the Collector to eject mortgagee. 10. Appeals 10A Revision 11. Limitation of appeal. 12. Jurisdiction of Civil Courts barred. 13. Rule-making power. THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 PUNJAB ACT NO. 4 OF 1938 [Received the assent of His Excellency the Governor on the Ist September 1938, and was first published in the PUNJAB GAZETTE.....

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The Tamil Nadu Agriculturists Relief Act, 1938 Complete Act

State: Tamil Nadu

Year: 1938

.....Act, 1948) [31st March 1972] been assessed to income-tax under the (Substituted for the expression "31st March 1938" by Section 2 (1)(ii)(a) of the Act). [Income-tax Act, 1961, (Central Act 43 of 1961) or under the Income-tax law in force in any foreign country]. (Inserted by Section 2(1)(ii)(b), ibid). [ ]; or (B) (Substituted by section 2(i) of the Tamil Nadu Act XXIII of 1948). [has in all the four half-years immediately preceding] the (Substituted by section 2(1)(iii)(a) of the Tamil Nadu Act 8 of 1973). [1st March 1972] been (Substituted by section 2(ii) of the Tamil Nadu Act XXIII of 1948). [assessed to profession tax on a half-yearly income of more than (Substituted by section 2(1) (iii) (b) of the Tamil Nadu Act 8 of 1973). (one thousand and two hundred rupees)] derived from a profession other than agriculture under the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969). [Tamil Nadu] District Municipalities Act, 1920, [Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws.....

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Insurance Act, 1938 (4 of 1938) Part II

Title: Provisions Applicable to Insurers

State: Central

Year: 1938

.....section 2 and Schedule, for "theStates" (w.e.f. 1-11-1956). Section 2E - This Act not to apply to certain insurers, ceasing to enter into new contracts before commencement of Act The provisions of this Act shall not apply to an insurer as defined in paragraph (i) or (iii) of sub-clause (a) of clause (9) of section 2 in relation to any class of his insurance business where such insurer has ceased, before the commencement of this Act, to enter into any new contracts of that class of business.] Section 3 - Registration (1) No 1 [person] shall, after the commencement of this Act, begin to carry on any class of insurance business in 2 [India] and no insurer carrying on any class of insurance business in 2 [India] shall, after the expiry of three months from the commencement of this Act, continue to carry on any such business, unless he has obtained from the 3 [Authority] a certificate of registration 4 [for the particular class of insurance business]: 5 [Provided that in case an insurer who was carrying on any class of insurance business in 2 [India] at the commencement of this Act, failure to obtain a certificate of registration in accordance with the requirements of this.....

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The Cochin Nayar Act, 1938 Complete Act

State: Kerala

Year: 1938

THE COCHIN NAYAR ACT, 1113 THE COCHIN NAYAR ACT, 1113 [Act No. 29 of 1113] [22nd July, 1938] PREAMBLE Whereas it is expedient to consolidate and amend the Cochin Nayar Act, XIII of 1095, it is hereby enacted as follows:- Section 1 - Short title and application This Act may be called the Cochin Nayar Act, XXIX of 1113. It shall apply to all Nayars domiciled in Cochin, and to such Nayars not so domiciled, and to such non-Nayars, whether or not so domiciled, as have or shall have, marital relation with Nayars domiciled in Cochin. It shall come into force at once. Section 2 - Repeal The Cochin Nayar Act, XIII of 1095, is hereby repealed. Section 3 - Definitions In this Act unless there is something repugnant in the subject or context:- 'Anandaravan' means any member of tarwad other than the Karanavan. 'Karanavan' means the senior major male member of a tarwad and, in the absence of such male member, the senior major female member thereof, unless there is a family usage by which the senior major female member is recognised as karanavan. 'Marumakkathayam' means a system of inheritance in which descent is traced in the female line. 'Minor' means.....

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Insurance Act, 1938 (4 of 1938) Part V

Title: Miscellaneous

State: Central

Year: 1938

.....the purposes of that sub-section, be deemed to be liable for that act in the same manner and to the same extent as the person who has committed the act, unless he proves that the act was committed without hi s consent or connivance and was not facilitated by any neglect or omission on hi s part. ( 4 ) Where at any stage of the proceedings against any person under this section (he reinafter referred to as the delinquent), the Court is satisfied by affidavit or otherwise-- (a) that a prima facie case has been made out against the delinquent; and (b) that it is just and proper so to do in the interests of the policy-holders of an insurer or of the me mbers of an insurance company, the court may direct the attachment of-- (i) any property of the insurer in the possession of the delinquent; (ii) any property of the delinquent which belongs to hi m or is deemed to belong to hi m within the me aning of sub-section ( 5 ); (iii) any property transferred by the delinquent within two years before the commencement of proceedings under sub-section ( 1 ) or during the pendency of such proceedings, if the Court is satisfied by affidavit or otherwise that the transfer was.....

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Bombay Forfeited Lands Restoration Act, 1938 Complete Act

State: Maharashtra

Year: 1938

.....and the rents and profits, if any, received or receivable on account thereof. (2) Every person required to make or deliver a statement under this section or under section 5 shall be deemed to be legally bound to do so within the meaning of section 175 and 176 of the Indian Penal Code. 7. Inquiry by Tribunal and Award :- (1) On the day fixed in the notice given by the Tribunal under section 5 or any other day to which the inquiry may be adjourned, the Tribunal shall proceed to enquire regarding- (i) the amount of compensation to be awarded for the land: and (ii) the respective interests of the persons claiming compensation. (2) The Tribunal shall then make an award stating the amount of compensation which in its opinion should be awarded for the land. Such award shall be in writing and where there are several persons interested in the land, the award shall also state the amount of compensation to be awarded to each. 8. Procedure before Tribunal : Save as otherwise provided by or under this Act, the provisions of the Code of Civil Procedure, 1908, shall, so far as may be, apply to any enquiry before the Tribunal under this Act. 9. Amount of compensation :- (1).....

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Insurance Act, 1938 (4 of 1938) Section 42

Title: Licensing of Insurance Agents

State: Central

Year: 1938

.....by the regulations made by the Authority in this behalf: Provided that a person who had been issued a licence under sub-section (1) of this section or sub-section (1) of section 64UM shall not be required to possess the requisite qualifications, practical training and pass such examination as required by clauses (e) and (f); (g) that he violates the code of conduct as may be specified by the regulations made by the Authority.] 13 [(5) If it be found that an insurance agent being an individual is, or being a company or firm contains a director or partner who is suffering from any of the disqualifications mentioned in sub-section (4), then, without prejudice to any other penalty to which he may be liable, the 14 [Authority] shall, and if the insurance agent has knowingly contravened any of the provisions of this Act may, cancel the licence issued to the agent under this section.] 15 [(6) The Authority may issue a duplicate licence to replace a licence lost, destroyed or mutilated, on payment of such fee not exceeding fifty rupees as may be determined by the regulations.] 16 [(7) Any person who acts as an insurance agent without holding a licence issued under this.....

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Insurance Act, 1938 (4 of 1938) Section 106

Title: Power of Court to Order Restoration of Property of Insurer or Compensation in Certain Cases

State: Central

Year: 1938

.....purpose of that business or that he took all reasonable steps to prevent the disappearance or loss of such money or all property or otherwise satisfactorily accounts for such disappearance or loss. ( 3 ) Where the insurer is an insurance company and any of the acts referred to in clauses (a), (b) and (c) of sub-section ( 1 ) has been committed by any person, every person who was at the relevant time a director, managing agent, manager, liquidator, secretary or other officer of the insurance company shall, for the purposes of that sub-section, be deemed to be liable for that act in the same manner and to the same extent as the person who has committed the act, unless he proves that the act was committed without hi s consent or connivance and was not facilitated by any neglect or omission on hi s part. ( 4 ) Where at any stage of the proceedings against any person under this section (he reinafter referred to as the delinquent), the Court is satisfied by affidavit or otherwise-- (a) that a prima facie case has been made out against the delinquent; and (b) that it is just and proper so to do in the interests of the policy-holders of an insurer or of the me mbers of an.....

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