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Reciprocity Act, 1943 Preamble 1

Title: Reciprocity Act, 1943

State: Central

Year: 1943

THE RECIPROCITY ACT, 1943 [Act, No. 9 of 1943] [AS ON 1956] [31st March, 1943] PREAMBLE An Act to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession in {The words certain parts of " omitted by Act 3 of 1951, s.3 and Such.} India by, and the franchise in [.706.The words " certain parts of " omitted by Act 3 of 1951, s.3 and Such.] India of, persons domiciled in British possessions. WHEREAS it is expedient to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, or the carrying on of any occupation, trade, business or profession in [The words " certain parts of " omitted by Act 3 of 1951, s.3 and Such.] India by, and the franchise in [The words " certain parts of " omitted by Act 3 of 1951, s.3 and Such.] India of, persons domiciled in British possessions; It is hereby enacted as follows:

Reciprocity Act, 1943 Complete Act

Title: Reciprocity Act, 1943

State: Central

Year: 1943

Preamble1 - RECIPROCITY ACT, 1943 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Power of Central Government to impose reciprocal disabilities on persons domiciled in British possessions Section4 - Burden of proof on person claiming exemption Section5 - Direction imposing disabilities in respect of entry, travel and residence not to apply to armed forces Section6 - Power to make rules Section7 - Repeal of Act 3 of 1924

Reciprocity Act, 1943 Complete Act

State: Central

Year: 1943

.....to interfere in spite of our strong protest against discriminating legislation. As negotia- tions have frequently failed to achieve any satisfactory settlement with some of the recalcitrant British possessions nothing remains but to put into effect the principles of reciprocity which is the object of this Bill. The Bill if passed into law will provide a sanction - though not as effective as the economic - to the Government of India whenever negotiations with an (offending country in the British Empire fail. The permanent solution of our troubles can only be achieved when India enjoys the same freedom as South Africa or Great Britain." Govind V. Deshmukh.-Gaz. ofind., 1941, Part V, page 162. An Act to make provisions on a basis of reciprocity in regard to entry into, travel, residence, the - acquisition, holding or disposal of property, the enjoyment of educational facilities, the hold- ing of public office, or the carrying on of any occupation, trade, business or profession in 2[* * *] India by, and the franchise in2[* * *] India of, persons domiciled in British possessions. Preamble WHEREAS it is expedient to make provisions on a basis of reciprocity in regard to entry.....

Maintenance Orders Enforcement Act 1921 Section 6

Title: Power of Summary Courts to Make Provisional Maintenance Orders Against Persons Resident in Reciprocating Territories

State: Central

Year: 1921

..... (6) The confirmation of an order made under this section shall not affect any power of a Court of summary jurisdiction to vary or rescind that order: Provided that, on the making of a varying or rescinding order, the Court shall send a certified copy thereof to the 2 [Central Government] for transmission to the proper authority of the reciprocating territory in which the original order was confirmed, or to which it was sent for confirmation and that, in the case of an order varying the original order, the order shall not have any effect unless and until confirmed in like manner as the original order. ________________________ 1. Substituted for the words "the States", by Part B States (Laws) Act, 1951 (3 of 1951), S. 3 and Sch. (1-4-1951). 2. Substituted for the words "Governor-General in Council" by A.O., 1937.

Estate Duty Act, 1953 [Repealed] Section 49

Title: Allowance for Duty Paid in a Non-reciprocating Country

State: Central

Year: 1953

Where any property passing on the death of the deceased is situate in a non-reciprocating country and the Controller is satisfied that by reason of such death any duty is payable in that country in respect of that property, he may, subject to such rules as may be made by the Board in the behalf, make an allowance of the whole or any part of the amount of that duty form the value of the property. Explanation.- In this section, the expression "non-reciprocating country" means any country other than India which has not been declared to be a reciprocating country for the purposes of this Act.

Reciprocity Act, 1943 Section 6

Title: Power to Make Rules

State: Central

Year: 1943

.....in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] [Ins. by Act 22 of 1943, s.7.] ________________________________ 1. Inserted by Delegated Legislation Provision (Amendment) Act 1986, w.e.f 15-5-86.

Code of Civil Procedure, 1908 Section 44A

Title: Execution of Decrees Passed by Courts in Reciprocating Territory

State: Central

Year: 1908

.....satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment. (3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13. 4 [Explanation 1.--"Reciprocating territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and "superior Courts", with reference to any such territory, means such Courts as may be specified in the said notification. Explanation 2.--"Decree" with reference to a superior Court means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but.....

Motor Vehicles Act, 1988 Section 148

Title: Validity of Policies of Insurance Issued in Reciprocating Countries

State: Central

Year: 1988

Where, in pursuance of an arrangement between India and any reciprocating country, the motor vehicle registered in the reciprocating country operates on any route or within any area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance in force in that country, then, notwithstanding anything contained in section 147 but subject to any rules which may be made under section 164, such policy of insurance shall be effective throughout the route or area in respect of which, the arrangement has been made, as if the policy of insurance had complied with the requirements of this Chapter.

Indian Contract Act, 1872 Section 51

Title: Promisor Not Bound to Perform, Unless Reciprocal Promisee Ready and Willing to Perform

State: Central

Year: 1872

When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise. Illustrations (a) A and B contract that A shall deliver goods to B to be paid for by B on delivery. A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery. B need not pay for the goods, unless A is ready and willing to deliver them on payment. (b) A and B contract that A shall deliver goods to B at a price to be paid by instalments, the first instalment to be paid on delivery. A need not deliver, unless B is ready and willing to pay the first instalment on delivery. B need not that pay the first instalment, unless A is ready and willing to deliver the goods on payment of the first instalment.

Indian Contract Act, 1872 Section 54

Title: Effect of Default as to That Promise Which Should Be First Performed, in Contract Consisting of Reciprocal Promises

State: Central

Year: 1872

.....A does not provide any cargo for the ship. A cannot claim the performance of B's promise, and must make compensation to B for the loss which B sustains by the non-performance of the contract. (b) A contracts with B to execute certain builder's work for a fixed price, B supplying the scaffolding and timber necessary for the work. B refuses to furnish any scaffolding or timber, and the work cannot be executed. A need not execute the work, and B is bound to make compensation to A for any loss caused to him by the non-performance of the contract. (c) A contracts with B to deliver to him, at a specified price, certain merchandise on board a ship which cannot arrive for a month, and B engages to pay for the merchandise within a week from the date of the contract. B does not pay within the week. A's promise to deliver need not be performed, and B must make compensation. (d) A promises B to sell him one hundred bales of merchandise, to be delivered next day, and B promises A to pay for them within a month. A does not deliver according to his promise. B's promise to pay need not be performed, and A must make compensation.