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REGISTERED No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, SATURDAY, APRIL 23, 1949

PART IV

Acts of the Dominion Legislature assented to by the Governor General

MINISTRY OF LAW

New Delhi, the-23rd April 1949

The following Acts of the Dominion Legislature received the assent of the Governor-General on the 22nd April, 1949 and are hereby published for general information: —

An Act to make provision for the payment of taxes before transfers of

property are registered in certain cases.

WHEREAS IT is expedient to make provision for the payment of taxes before .

transfers of property are registered in certain cases

It is hereby enacted as follows:—

1. Short title and extent—-(I) This Act may he called the Payment of Taxes (Transfer of Property) Act, 1949.

(3) It extends-to all the Provinces of India.

2- Application of Act.—This Act shall apply to any person—

(i) who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or the fear of such distur- bances, leaven or has, since the 14th day of August, 1947, left any place in the Provinces of India for any place outside India, or who, since the said date, has been residing in any place outside India; or

(ii) who, in the opinion of any of the Income -tax authorities specified in sub-section (1) of. section .5 of the Indian. Income-tax Act, 1922 (XI of 1922), or a Custodian of Evacuee Property or a Collector, is likely to leave the Provinces of India with the, intention of settling in any place outside the Provinces of India, and in respect of whom a declaration that ho is

(123 )

a person to whom this Act applies has been received from any auch Income- • tux authority, Custodian of Evacuee Property or Collector by the registering officer oi the area in which any properly belonging to such person is situate.

3. Payment of taxes before registration of documentfl.^(i) Where any document required to be registered under the provisions of clause (a), clause (6), clause \c) or clause (e) of sub-section (J) of section 17 of the Indian llegis- tration Act, liJOti (XVI of 1UU8), purports to transfer, assign, limit or extinguish any right, title or interest in uny property, otner than agricultural land, belong- ing to tiny person to whom thia Act upplies, no registering officer appointed under tiie said Act shali register a.uy sucn document, unless it ia certified by the Income-tax Officer of the urea in which the property is situate in respect of the person whose right, title or interest in the property is to be BO transferred, assigned, hunted or extinguished under the terms of the docu- ment tnat—

(a) such person is not liable to assessment or taxation under the Indian income-tux Act, 1U22 (XI of Iy22), the Excess Profits l as Aut, 1940 (XV of 1940), oi the Business i'rofita Tax Act, Iti47 (XXI of 1947); or

(fa) auch person has either paid or mado satisfactory provision tor the payment of ail existing or anticipated liabilities under uny of the Aot" specified hi ciauhe ("J oi this sub-nbction; or

(c) the Income-tax Officer is otherwise satisfied that the registration of the document will not piejudiuia.lv affect the recovery of nil twisting or mitu-ijmied liabilities rekiToil to in clauue (b) of this sub-se^tiwu.

(4) l.veiy Income-tux Ullicer refusing to issue a certificate under tha pro- visionis of sub-section (I) BIILUI muke an order of lelusul und record his leasouB tlicivtui u-.d, on Mpunainon made by uny person cunning to be aiiectod by Mien onler, sJmil, subject Lo Uie payment of such fee us muy be piescnbed, furnish li.m with a copy of the order.

4. Recovery ol taxes where property has been transferred without a certi- ficate (I) \\ heiv, in respect of the trmisitr "lidi: .on or alter the seventh day of r'abruury, 194a, in the 1'ruvinces of ^ a i u ^, V\ est Bengal, Eubt i'unjab, iiuiar i>e,ni and AjM(er--Uer"uni, IUA i,i any o.her rrouni:e o.i or alter Uie date on which the '1 runsfer oi Property (liid.a) UrUnmiice, iy-J8 (111 of 1948) was mi'de applicable to that Province, ol any right, title or interest in any immov- able propercy other than agricultural land, belonging to uny puruon to whom this Act itppliJB, the Liicoine-tax Ullicei ol the ureu w uere the property is situate in s- t.sticd utter giving such person notice in. this behalf for a period of not ieBtf thai, one mo.ith, that no ci-rliticaU' in the tenns ment oned in section 8 would have been issued to him if this Act hud been in force on the d.Ue the transfer wns made he may forward a statement to the Collector showing the existing and anticipated liabilities by way of tuxw in respect of all or any ol the parties t: the transfer.

12) On receipt of any statement under sub-section (7), the Collector shall proceed to recover the total amount shown in such statement as if it were an arrear of land revenue, and for the purpose of such recovery proceedings he mri.y treat the property transferred as aforesaid as if it belonged to all or any of tht persons mimed in the statement.

b. Klgtit oi appaal An appeal shall lie aguinst the order of any Income-tax Officer refusing to issue a certificate under 'he provisions of sub-section (3) of section 8 to the Commissioner of Inoome-tax to whom the Income-tax Officer iB subordinate, if presented to such commissioner within thirty daya from

the date of the order, and the Cornmissior'er may pass such orders thereon as he may think fit.

6. Effect of Act ovei other laws.—The provisions of this Act shall have effect notwithstanding anvrlvng inconsistent therewith contained in any other law for the time being in force.

7. Bar of suits. —No unit, prosecution or other lerrnl proceeding shall lie ncfdinat the Centrnl Government: or nny ner=ton or anthoritv in reRnect of any- thing which is in good faith done or intended to be done under this Act.

8. Power to make rules.—The ("Wit/ril Government niny make ru'en for the purnose of onrrving into effect the objects of tins Act, and, in particular, pres- cribe the fee payable under sub-section (?) of section 3,

9. Effect, of e-t-Mry of Ordinance X ^i of 1948.— On the eYni-v n* the P-iv- ment of Tayps ("Transfer of Pr.^evtvi (Wi-Mi^ce io

ACT NO XXIII OF 1949

An Act to control the orfwi'ud'i.w info, anil regulate the moremen'* in I"ilia

of pflTnoni> from Pakistan.

WITETIF.AB it is expedient to nnntrnl tlr- ad'ui -sinn into. Hnd re-jnlnh- iVe movements in, India of persona from Pakistan;

It is hereby enacted ag follows: —

1. Short title and extent..—(1) This Act may be called the Ir.flux fron Pakistan (Control) Act. 1949.

[2) Tt extends to the whole of India.

2. Definitions.—In this Act, unless there ia anything repugnant in the juhject or context,—

(a) "enter" means to enter by water, lard or air;

(b) "officer of Government" means any officer of the Central flov- orni-npnt or of n Provincial Government or of the Government of an Accel nig State;

(c) "permit" means a permit issued or renewed or the per'od where- . of has been extended in accordance with the rules mnde under this Act.

3. Control of admission into India of persons from Pakistan.—No person fih"¹' enter India from any place in Pakistan, whether directly or indirectly, unless—

(a) he is. in possession of a permit, or

(b) being n person not domiciled in Tndia or Palrstan, he is ir pos- session of a valid passport as required by the Indian Passport Act, 1920 (XXXIV of 1920), or

(c) he is exempted from the requirement of heinp in possession of ^ permit by or in accordance 'with the rules made under this Act,

4. Power to make mlefi.—The Central Government may, by notification in the official Gazette, make rules—-

(a) prescribing tho authorities by which and tho conditions subject to which permits may be issued or renewed or the period thereof extended, tho conditions to bo satisfied by the applicants for such permits find iiho forms and classes of such permUs;

(b) rogulating the movements in India of any person who is in -pos- session of u permit;

(c) providing for the oxoioption, citlior absolutely or on conditions, of any person or class o£ persons from the requirement! of being in pos- session of a permit or from the operation of any rule made under thiB seorlon; find

(VZ) generally, providing for any other matters ancillary or incidental to the carrying oub of the purposes of this Act.

5. Punishment of offences.—(I) Whoever enters India in contravention ot the provisions of section 0, or having entered India contravenes the provisions of any rule made under section 4, or commits a breach of any of the conditions of his permit, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, ot with both.

(2) Whoever, in Any statement made by him in pursuance of any of tho provisions of thin Acb or of any rules made thereunder, furnishes any informa- tion, which is false imd which he either knows or believes to be false or docw- not beliovo to be true, nhall be punishable with imprisonment for a term whioh may extend to ono yc.nr, or with fino which mny extend to one thou- sand rupees, or with both.

6. PoWftr Of arxe*t.—(I) Any officer of police, not below the rank of a Hub- inapector, any officer of tho customs department of the Central Government or any other offioer of Government empowored by a general or special order of tho Central Government in this behalf may arrest without warrant any person who haH committed or against whom a reasonable suspicion exists that he has committed an offence under this Act.

(2) Every officer making an arrest under this seobion shall, without un- Decessary delay, take or send the person arrestod before a Magistrate having^ jurisdiction in the case or to the officer in charge of the nearest police station, nnd the provisions of section 01 of the Code of Criminal Procedure, 1808 (V of 1898) or of the corresponding law for the time being in force in the Acoeding State shall, so far as they may be applicable, apply in the oaae of any such arrest.

7. Power of removal,—Without prejudice to Ibe provisions contained in section 5, the Central Government may, by general or special order, direct the removal from India of any person who has committed, or against whom a reasonable suspicion exists that ho has committed, an offence under thiB Act, and thereupon any officer of Government shall have all reasonable powers? necessary to enforce such direction.'

8. Protection to oereona acting in good faith.—No suit, prosecution or oth /egal proceeding shall lie BgaiURt any person for nnythinp whioh m in ffnnrl fn!l,h (lone or intended fo bft dono. under this Act.

9. Eepeal of Ordinance XXXIV ol 1948.—(.1) Tho Influx from Pakistan (Control) Ordinance, 1948, Is hereby repealed .

(2) Notwithstanding such repeal, any rulofi mudo, action taken or thing done iu tho exercise ot auy power conferred by tho Influx from Pakistan (Con- trol) Ordinance, 1948, shall -for all purposes bo deemed to have been made, taken or dono in the exercise of the powers conferred by this Act, as if this Act had commenced on tho dny wuch order was inside or such action was taken or such thing wns done.

ACT NO. XXIV OF 1949

An- Act to provide for the control of accommodation in certain hotels in, ihe

Province of Delhi.

WHEREAS it is expodient to provide for the control of ncfiominodntion in cer- tain hotels in tho Province of Delhi;

It 18 hereby enacted as foUows:—f 1. Short title, extent and application.- -(./) Tlu^ A<-h may !>•• (-ailed tho Delhi Hotels (Control of Accommodation) Act, 1949.

ft?) It extends to the Municipality of New Delhi and to the Notified Area of the Civil Station, De'hi.

(3) It shall apply to the hotels specified in tha Schedule and to such othflr hotels as may from bimc to time bo added to thp, Schedule by notification in the official Gazette by the Central Government.

2. Definitions.—In thif? Act, unless there is anything repugnant in. the Hubjoct or context,—

[a) "Estate Officer" means the Estate Officer to tho Government of India and includes any other officer appointed by tho Central Government by notification in the official Gazette to perform all or any of the functions of the Estate Officer under this Act;

(b) "Government allottco" means a. person, who is selected by the Estate Officer for allotment of accommodation in a hotel;

(o) "hotel" means any hotel specified in the Sohedu'e; (d) "manager of a hotel" includes the owner, agent, enlerer or any other person in charge of the management of the hotel;

(o) "permanent resident" means a person other than n Government allottoo who is taken aa a resident in a hotel for a period excelling seven days ;

(/) "temporary resident" means a person other than, a Government allottee who is taken as a resident in a hotel for a period not exceeding Revon days.

3. Controlled accommodation in hotels.—(1) if the Estate Officer considers ib necessary or expedient so to do for the purpose of securing accommodation for Government officers or other persons for whom he is required to find accommodation, ho may, by written order served on the manager of a hotel,

(2)- An order made under sub-section (1) shall contain such description of the controlled accommodation including, in particular, the number nnd class OF TOOTTS rva the Estate Officer may consider necessary.

(3) After an order under sub-section (1) has been served OD the manager of the hotel to which it reltites, the manager of the hotel shall not allot the con- trolled accommodation therein or any purt thereof to, or allow the same 'JO bm occupied by, any person otherwise than in accordance with the provisions of thb- Act.

4. Temporary booking of controlled accommodation.—(1) The manager of

a hotel shall not allot any controlled accommodation therein or any part there- of to, or allow the same to be occupied by, any permanent resident but may, subject to the p ovisione of section 5. allow any temporary resident to stay in such pcoomrnodation or in any part thereof for any period not exceeding Reven days O" for any further period by which the period of stay of such temporary resident may be extended under sub-Rection (2).

(2) When any temporary resident is taken under Bub-section (1) as a resi- dent in any controlled accommodation or part thereof in a hotel for s period not exceeding seven days, the manager of tho hot"l may, with the pnjvoiia permission of the Estate Officer obtained in writing in aooordance with the provisions of this section, extend from time to time the period of stay of such temporary resident at his request by not more than eeven days at a time.

(S) Tho manager of the hotel shall, before he agrees at any time to extend the period of stay of a temporary resident under sub-section (2), apply in writ- ing to the Estate Officer for bis permission under that sub-section and every such ppp'iontion shall be mnde not less than three days before the date on •which the period of stay of such resident for the extension of which the permis- sion is applied for expires,

(4) On receipt of such application the Estate Officer mav either erflit or refuse to grant such permission and in doing so he shall be BOIPIV guided bv 'he requirementt, of accommodation for Government officers or other person* for whom he is required to find accommodation, and the order sriinrinff or refusing aiich permission shall bo forthwith communicated by the Estate Officer to the manager of the hotel.

(5) When the Estate Officer refuses to t?rant permission to the extension of the period of stay of any tompornry resident under eub-eeotion (4), "uoh temporary resident shall not stay or be allowed to pray in thp controlled accom- modation or part thereof, beyond a period of three days from the date on which the order of the Estate Officer refusing to grant such permission is communi- cated to the manager of the hotel.

6. Booking of controlled accommodation for Government allottees.—(j) The Estate Officer inny by written order direct the manager of ft hotel to book for the use of any Government allottee specified in the order any controlled accommodation or part thereof in such hotel; and thereupon the manager of thn hotel shall forthwith comply with the or;ler and shall accept the Govern- ment allottee so specified an resident in such accommodation or part thereof, as the case may bo, and shall allow him to occupy the same for euoh period as may be specified in the order and for such further period or periods as the -Estate Officer mav, from time to timo, direct subieot to the payment of the usual charges therefor in accordance with the provisions of eub-seotlon (3),

(8) The charges- payable in respect of nnv accommodation provided under sub-section (1) to a Government allottee shall-—

(a) in the ense where if is expreaslv provided in thp ord^r made under that pub-SPcrWi thnt nvrh charges shall be payablo by the Central Govern- ment, be paid by that Government, find

(b) in other coses, be pnid by tho Government nllottee,

and the time at which and the manner in which the charges shall be so paid shall be such us may be specified in the order mude under sub-section [1).

8. SOiVioa ol order.—An order made under thia Act shall be served on, or communicated to, the manager of a hotel either by delivering or tendering to hun a copy of the order, or by post, or in suoii other manner aa may be pres- cribed by rules made under beution 12.

7. Power of entry, inspection, etc.—The Estate Officer may for the pur- poses ol this Aot—

(a) enter and inupeat any hotel at any timo bejfvean siUKtNTti&d sunset;

(b) authorise any officer subordinate to him to onteV^t&PHaspttafe any hotel;

(c) by written order require the manager of n hotel to produce for hi* inspection suoh books and other documents as may be necessary at Buob time and at such place or to furnish to him such information with respect) to the accommodation oonturned in the hotel HR may bo specified in the order.

8. Appeal*.—(2) Any manager oi r. notel aggrieved by an order of the Estate Officer may, within seven days from the date on which the order is communi- cated t) him, present an appeal in writing to the Chief Commissioner, Delhi;,

Provided tl'ut uo such appeal shall lie except on the ground that the pro- visions of this Aot have not been complied with.

(2) The Chief Commissioner maj transfer any appeal to the Deputy Com- missioner, l.talni.

(3) The Chief Commissioner or, when an appeal has been transferred to hin", the Deputy Commissioner sha 1, after calling for a report from the estate omcer and aftor making Buch further inquiry, if any, as he thinks fa't, decide ;ne appeal.

(4) The decision of the Chief Commissioner or, ag the case may be, o/ the Depn'.y Commissioner and subject only to Ruch decision the order of the Estate Ohieer shall be tinal.

9. Penaltiflfl.—Whoever contravenes or attempts to contravene or abets the contravention of the provisions of sub-eeotion (3) of section 3, or any of the provisions of section 4 or the provisions of sub-seotion (1) of section 5, shall be punishable with line which may extend to one thousand rupees, or with impribjnment for a term which may extend to three months, or with both.

10. Saving aa to orders.—Except as otherwise provided for in this Aot, no orde' made in exercise of any power conferred by this Act shall be called in question in 8™y Court.

11. Protection ol action taken under the Act.—(7) No suit, prosecution or other legal proceeding shall lie against any person for anything which ia la good faith done or intended to be done under thia Aot,

(Sf) No suit or other legal proceeding shall lie against the Central Govern- ment for any damage caused or likely to be caused by anything hi good faith done or intended to be done under this Act.

12. Power to make rules.—The Central Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

THE SCHEDULE

[See sections 1. (3) and 2 (a).]

1. Imperial Hotel, New Delhi.

2. Marina Hotel, Now Delhi.

3..Cecil Hotel, DoJhi.

JH4ft£dens' Hotel, Delhi.

5. Sjrisa^oie),* Delhi.

ACT NO. XXV OF 1949

An Aot to make tpficial provision for the relief of disphicaxl persona in ren-

'poot of contain legal prooeedingn

WHEREAS it in expedient to make special provision for the relief of dis- placed persons in respect of certain legal proceedings;

It is hereby enacted m follows: —

1. Short title, extent and duration—(2) This Act may be called the Dis- placed Persons (Legal Proceedings) Act, 1949.

(#) It extends to all the Provinces of India.

(3) It shall come into force in any Province on such date as the Provincial Government may, by notification in the official Gazette, appoint in this behalf, and shall remain in force only up to the Slat day of March, 1952.

2. Definition.—In this Act, "displaced person" means any person who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan, has been displaced from, or has left, his place of residence in such area after the 1st day of March, 1947, and who has been subsequently residing in India.

3. ^Restoration of certain legal proceedlngB.—Where any suit, appeal or application for a final order has been^h'smissed for default of appearance or for failure to pay coats of service of process or to furnish security for costa, or where a decree or order has been passed ex parte, then, notwithstanding any- thing contained in the Indian Limitation Act, 1908 (IX of 1908), the Couit may, on application mado to it in this behalf within ninety days from tho comraenee- rnent of this Act, or within such further time, if any, as the Central Govern- ment may, by notification in the official Gazette, allow cither generally or with respect to any claea or classon of cases, net aside the order of dismissal or the decree or ordoi* passed ex parU, n,B tho case may bo:

Provided that the applicant is either a displaced person or a person who, though normally a resident of India, was in an area now" forming part of Pak- istan at any time during the month of August, 1947, and has subsequently returned to India.

4. Power of Court to grant relief to displaced persons.—-rNotwithstanding

anything contained in wuy law or .contract to the contrary—

(t) where, after the commencement of this Act, a decree or order is to be passed against a displaced person in any suit or other legal proceed- ing for the payment of money, the Court may, at the time of passing the decree or order, direct that payment of such money shall be postponed for such period an may be specified or shall be made by instalments, with or without interest, If in the opinion of the Court the direction—

(a) will facilitate the rehabilitation of the judgment-debtor;

(b) will not prejudice the rehabilitation of the decree-holder, if the decree-holder is also a displaced person; and

(o) will be equitable, having regard to all the circumstances in which the parties ore placed;_

(it) where in sny suit or other legal proceeding, any decree or order lor the payment oi' money haa been passed nyairist a displaced" person, whether before or after tb" ixxnomencemeut of this Act, the Court may, if tilt; judgmp t-debtor makes an application in this behalf, direct that payment c.f aach money shall he postponed for such period as may bo specified, '\r *hall bo made by i mtahnents on such terms as to the pay- ment of interest or the taking of security or otherwise as it thinks fit.

5. Stay of insolvency proceedings.—Where an insolvency petition has been presented to any Court against a displaced person, the Court may at any time stay the proceedings under the petitkn for such time and subject to such con- ditions as the Court thinks fit

0. Restrictions on execution of decrees against displaced parsons Save as provided by this Act, no Court shall execute or otherwise enforce any decree or order for the payment of money passed against, a displaced person, unless it is satisfied—

(a) that such execution or enforcement will not affect the rehabilita- tion of the displaced person; nr-1

(b) that such execution or enforcement is not sought against a loan advanced or agreed to be advanced by, or on behalf of, or out of the fundB of, the Central Government or any Provincial Government or against any inset created from rmy such 1 >an:

Provided that nothing contained in this section shall apply to any decree or-order for the payment of money passed in favour of the Central or any Pro- vincial Government in respect of any loan advanced by, or on behalf of, or out of the funds of, the Central or the .Provincial Government, as the case may be,

7. Procedure lor the execution of certain decieeg and orders passed before the 15th August, 1947.—Where a decree or order, not being a decree or order relating to .immovable property situate outside the Provinces of India, has been passed before the 15th day of August, 1947, by any Court situate in an area now forming part of Pakistan in favour of a displaced person or in favour of any other person who before and after the said date, has resided in, and continues to reside in, an area now forming part of India, then, notwith- standing any other law for the time being in force but subject always to the provisions of this Act, such decree or order may, on application made hi tbJi behalf by the decree-holder hi the manner prescribed by sub-rute (#) of rule 1! or Order XKI of the, Code of Civil Procedure, 1908 (V of 1908), ba executed by

•ny Court within the local limits of whose jurisdiction the person, against whom the decree or order has been passed, actually and voluntarily resides or carries on business or perBonally works for gain or haB property, in the same manner and to the same extent as if it. were a decree or order passed by that Court.

8. Efleot of expiry of Act,—Upon the expiry of this Act, the provisions of section 6 ol the General Clauses Act, 1897 (X of 1897) shall apply as if this Aot had then been ropealod by a Central Aot.

ACT NO. XXVI OF 1949

An Aot farther to amend the Indian Tea Control Aot, 1988,

WHEREAS it is expedient further to amend the Indian Tea Control Act, 1988 (VIII of 1988), for the purposes hereinafter appearing;

It is hereby enacted as follows: —

1. Short title.—This Aot may be called the Indian Tea Control (Amendment) Aot. 1949.

2. Amendment of section 2, Aot vm of 1988.—For clause (e) of section: 3 of the Indian Tea Control Act, 1988 (hereinafter referred to as the said Act), the following olause shall be substituted, namely: —

'" 'owner'—

(i) with reference to a tea estate or garden, or a sub-division thereof, the possession of which has been transferred by lease, mort- gage or otherwise, means tha transferee so long as his right to posses- sion subsists, and

(M) with reference to a tea estate or garden, or a sub-division there- of, for which an agent is employed, means the agent if, and in so far as, he has been duly authorized by the owner in that behalf."

8. Amendment of section 26, Aot VIII of 1938.—In section 28 of the said

Act,—

(i) in the first paragraph, for the words "save in pursuance of a written permission granted by or on behalf of the Committee", the words "unless permission has been granted in writing by or on behalf of the Committee and Bu.sh permission was in force on the date aforesaid or was* granted after that date" shall be substituted;

(it) in clause (a) of the proviso, for the words and figures "on or before the 31st day of March" in the three places wher0 they occur, the words "on the 3l3l duy of March" shall be substituted;

(iii) in clause (h) of the proviso, the words "which are worn out on or before the 31et day of March 1948" shall bo omitted, and for the words '"on jr before the fist day of March" occurring later, the words "on the 31st day of March" shall be substituted.

4. Amendment of section 29, Aot VIII of 1988.—In section 29 of the said.

Act,—

(i) in sub-section (1), clause (o) shall be relettered as clause (d), and the following shall be inserted as clause (o), namely: —

" (c) has since been transferred to the Central or a Provincial Gov- ernment or to a local authority and no longer carries tea, or")

(ii) in the proviso to sub-seotion (2), far the words "or compulsorily acquired" the words ",oompulRorily Required, transferred, or resumed" shall bo substituted.

ACT NO. XXV'II OF 1949.

An Aot further to amend the Bombay Port Trust Act, 1879.

JWHERKAS it, is expedient further to amend the Bombay Port Trust Act, 1879 (Bom. Aot VI of 1879), for tho purposes hereinafter appearing:

It is hereby enacted as follows: —

1. "Short title.—This Act may be oalled the Bombay Port Trust (Amend- ment) Act, 1049.

2. Insertion of new section 64A in Bom. Act VI of 1879.—After section 64 of the Bombay Port Trust Aot, 1879 (hereinafter referred to as the said Aot), the following new section shall be inserted, namely: —

"64A. Disposal of goods not removed from iha premises of the Board within time limited.—(1) Notwithstanding anything contained In this Aot, where any goods plaoed in the custody of the Board upon the loading thereof are not removed by the owner or other person entitled thereto from the premises of the Board within one month fi'bm the date on which such goods were placed in their custody, the Board may, if the address of suoh owner or person is known, cause n notice to be served upon h:m by letter delivered at such address or sent by post requiring him to remove the goods forthwith and stating that in default of compliance therewith the goods are liable to be sold by public auction:

Provided that, where all the rates and charges payable under this Aot in respect of any such goods have been paid, no notice of removal shall be served under this section unless two months have expired from the date on which the goods were placed in the custody of the Bonrd.

(8) II suoh owner or person is not known or the notioe cannot be served upon him, or he does not comply with the requisition in the notice, the Board may, at any time after the goods have become liable to be sold under eub-seotion (1), sell the goods by public auction after giving notioe of the sule in the manner prescribed in paragraphs 2 and 3 of section 64.

(3) The Central Government may, by notification in the official Gazette, exempt any goods or class of goods from the operation of this section."

3. Amendment of section 65, i o m. Act VI ol 1879.—In section 65 of tho said Act, for the words "In every case of any such Kale as aforesaid", the words "In the case of any sale under section 04 or section 64A" shall be substituted.

ACT NO, XXVIII OF 1949.

An Act to amend the Goal Mines Labour Welfare Fund Act, 1947.

IWHEMEAS it is expedient to amend the Coal Mine,? labour Welfare Fund Aot, 1947 (XXXII of 1947), for the purpose hereinafter appearing;

It is hereby enacted as follows : — 1. Short title.—Thin Act inay be ('.ailed l;he Goal Mines Labour Welfare Fund (Amendment) Act, 1949.

2. Amendment of section 6, Act XXXII of 1947.—For sub-section (2) oil section (5 of the Oool JYIinew Labour Welfare Fund Act h.M7 the following sub- section shall be substituted, namely: —

"(Z) The Central Government aliuli. b.v notilioHtio'i in I ho official Gazette, constitute a ,(.V>"1 Mines Labour Housing riom-'.¹. inr il,.j iulldwiug purposes, namely: —

(a) to prepare find CHJTJ out, subject to the previous approval of the Central Government, schemes fiuanced froni the housing account of the Fund for tho provitioji of suitable liouHJnj^ aoconimodation for labour employed in the coal, mining industry;

(it) to prepare fjlans and estimatofi for, and construct' or oiii'ry out, such works of erection, njuintemnce nnd repair financed from the general welfare account of the Pund as the Central Government mny, by general or special order, specify; and

(o) to cany out any other functions assigned tr> the Honsini; Roarfl by or under thin Act.."

ACT No, XXIX OF 1929.

'An Aot to amend the Dock Workers (Begulation of Employment) Act, 1948. WHEHEAH it is expedient to amend the Dock Workers (Regulation 08 Employment) Act, .1948 (TX of 1048). for the pin-pose hereinnfter appearing;

It is hereby enacted as follows: —

1. Short, title.—This Act. may be called the Dock Workers (Eegulation of Employment) Amendment Act, 1949.

2. Amendment of aeetioa 3, Act IX of 1948 . —For clause (}) of aub-seotion (2) of section 8 of the Dock Workers (Regulation of Employment) Act, 1948, ihe following clause shall be substituted, namely: —

"0") for constituting, whether as a body corporate or otherwise, the authority to be responsible for the. administration of the scheme:"

K. V. K, SUNDARAM, Secy, to the Oovt. of India.