The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, SATURDAY, DECEMBER 27, 1947
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi, the 27th December 1947
ORDINANCE No XXXI OF 1017.
ORDINANCE
temporarily to amend the Negotiable Instruments, Act, 1881, and the Indian
Limitation Act, 1908
WHEREAS An emergency has arisen which makes it necessary temporarily to amend the Negotiable Instruments Act, 1881 (XXYI of 1881), and the Indian Limitation Act. 1908 (IX of 1908), for the purpose hereinafter appearing;
Now, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act 1935 (26 Geo 5, c 2), as adapted by India (Provi- sional Constitution) Order 1947, the Governor-General is pleased to make and promulgate the following Ordinance: —
1. Short title and commencement.—(1) This Ordinance may be Called the Negotiable Instruments Act and the Indian Limitation Act (Temporary Amend- ment) Ordinance, 1947.
(2) It shall come into force at once
2. Amendment of the Negotiable Instruments Act, 1881.—After section 75A of the Negotiable Instruments Act 1881, the following section shall be inserted, namely .—
"75B Presentment of negotiable instruments in riol areds unnecces- sary- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, no presentment for acceptance or payment of a negotiable instrument shall be necessary, and the instrument shall be deemed to be dishonoured at the due date for presentment if it is not possible for the holder thereof, being a bank, to present the instrument for acceptance or payment on account of the prevalence of riot or other dis- turbances in the area in which such presentment is to be made
(2) Every which in its any negotiable instrument as dishonoured under sub-section" (7) shall send to the Reserve Bank of India a return signed by two responsible officers of the bank in such form and manner as may be prescribed by the Reserve Bank of India
Explanation —For the purpose of this section a bank shall include a company in corporation incorporated by or under any law in force in any place in or Instead the Provinces of India which transacts the business of banking in my of the Provinces of India "
J412 THK (MZETTE OF INDIA EXTKA(>HJJI\TAHY, ]>EC 27, 19473. Amendment of the Indian Limitation Act, 1908.—After section 5 of Ihe Indian Limitation Act, 1908, the following section shall be inserted, namely: — .5/1. Evtension (if peiiod in i-aae* of nottt.—Any suit which could not be inwlituted on and .liter the 1st duv of August HM7 of cannot be instituted after the L'ominy inlo 1'oice of this Ordinance within the period of limitation on account of the prevalence of lioN oi1 other diHturbuuocb Stioy be admitted after (he period of litnifritiuii proscjihed therefor when the plaintiff satisfies the Court thni he was nnnblf io institute the suit within such period owiDg to the prevalence uf riots or other diHturhnnoes."
AJOUXTBATTEN Of BUEMA,
Governor-Genera},
8. A. LAL,
Beoy. to the Govl of India.