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REGISTERED No. D.28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, SATURDAY, APRIL 30, 1949

PART IV

Acts of the Dominion Legislature assented to by the Governor General

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 30th April, 1949

The following Acts of the Dominion Legislature received the. assent of the Governor-General on the 28th April, 1949 and are hereby published for general information :—

ACT No. XXXI OF 1940

An Act further to amend the Indian Wireless Telegraphy Act, 1933);;.

WHEREAS it" is expedient further to amend the Indian Wireless Telegraphy Act, 193D (XVII. of 1983), for the purposes hereinafter appearing;

It is hereby enacted as follows: —

1. Short title and commencement (1) This Act may be called the Indian Wireless Telegraphy (Amendment) Act, 1949.

(2) It shall some into force on such date as the Central Government may, by notification in the official Gazette, appoint in this behalf.

2. Amendment of preamble to Act XVII of 1933.—In the preamble to the Indian Wireless Telegraphy Act, 1938 (hereinafter referred to as the said Act) for the words "the provinces", the word "India" shall be substituted.

3. Amendment of section 1, Act XVII of 1933.—For sub-section (2) of section 1 of the said Act, the following sub-section shall be substituted, namely : —

"(2) It extends to the whole of India.''

4. Amendment of section 2, Act XVII of 1933— In section 2 of the said Act,—

(i) in clause (2), the word "and", where it last occurs, shall be omitted;

(ii) after clause (2), the following clause shall be inserted, namely: — "(2A) 'wireless transmitter' means any apparatus, appliance, instrument or material used or capable of use in making or transmit- ting telegraphic, telephonic or other communication by means of electricity or magnetism without the use of wires or other continuous electrical conductors between the transmitting and the receiving apparatus; and"

(139)

I. Amendment of section 6, Act XVII of 1933.—In section 0 of the SMA A * f c-

(t) in sub-section (I), for the words "wireless fcalegrephj apparatus", the words 'wireless telegraphy apparatus, other than n vrirftiepfl trans- mitter,'' shall be substituted;

(ii) after sub-section {1), the follovring sub-aeotiou shall be. inserted, n"mely:—

"(1A) Whoever possesses any wireless transmitter in contravention of tho provisions of section ft shall be punished with imprisonment which may extend to three years, or with fine whioh may extend to one thousand rupeee, or with both."

6. Substitution ol new section lor section 7, Act XVII of 1933.—For section f- of ihe said Act, the following section shall be substituted, namely: —3:

"7. Power of search.—Any officer specially empowered by tha Central (Joreminent in this behalf may search any building, yesse] or place in which he has reason to believe that any wireless telegraphy apparatus, in respect of which an offence punishable under section 6 hap been com- mitted, is kept or concealed, and take possession thereof."

AGT NO. XXXII OF 1949

An Act further to amend the Code of Civil frooedure, 1008,

WBBBEAS it is expedient further to amend the Code of Ciyil Procedure*- 1908. (Act V of 1908), for the purposes hereinafter appearing;

It is keitiby enacted as follows: —

1. Short title.—This Act may be called the Code of Civil Procedure (Au)end- mefitt Act, 1040.

2. Amendment of seotlon 82, Act V of 1908.—In seotion 82 of the Oode of Oiril. Procedure, 1008,—

(a) in aub-seotion (I), for the words "Where the deoree is against the Dominion of India or u Province or against a public offioer in respect of any such not L^ aforesaid", the following words shall be substituted, namely:

"Where in a suit by or against the Government, or by or agaiust a public officer in respect of any such aot B& aforesaid, a deoree in passed against the Dominion of India or a Province or, as the o"fle may be, the public officer"; and

(6) after sub-section (0), the following sub-section shall ba added, namely: — *

"(3) The provisions of sub-sections (1) and (8) shall apply in re- lation to an order or award as they apply in relation to a decree, if the order or award—

(a) ifl passed or made agajnsO the Dominion of India or a Province or ft public officer Jn respect of any such act as aforesaid, whether by a Court or by any other authority, and

(b) is capable of being executed under the provisions of this Code or of any otter law for Hie tfrae being in force fie if jt were a dt"T6"."

ACT J\O. XXXI1L or 1949

An Act to amend the Rubber (ProduvUon and Marketing) Act, 1947.

WHMMAS it is expedient to amend the Rubber (Production and Marketing) Act, 1047 (XXIV of 1947), for the purpose hereinafter appearing;

It is hereby enacted as follows: —

1. Short title.—This Act may be called the Bobber (Production and Market- ing) Amendment Act, 1940.

2. Amendment of section 4, Act XXIV of 1947.—In section 4 of the. Rubber (iProdiiotion and Marketing) Act, 1947, after clmise (/) of sub-section (3), the foTlo'wing clause shall be inserted, namely:—

"07) t h ^e persons representing labour, to be nominated by the Central -U-oyemment;".

•ACT NO. XXXI \r or 1949

An Act further to amend' the Coffee Market, E&punaion Act, 1942.

WHHRBAS it is expedient further to amend the Coffee Market Expansion Act, 1W2 (VJT of 1042), for the purpose hereinafter appearing;

It is hereby enacted us follows: —

1. Short title.—This Act may be called the Coffee Market Expansion (Amendment) Act, 1040.

2. Insertion Of new section 32A in Aot VII of 1942.—After section 82 of p" Coffee Market Expansion Act, 1942, the following section shall be inserted namely :—

"82A. Power of the Board to make donation to the Oandhi Rational Memorial Fund.—Notwithstanding anything contained in section 82 the Board may apply any part of the pool fund to the making of a donation to the Fund known as the Gandhi National Memorial Fund."

AOT NO. XXXV OF 1040

An Aot further to amend the Indian Succession Act, 1026.

y"-^?H K l t A.B '* " e x£e d i e nt f u r t ber to amend the Indian Succession Act, 102fi (ICJCAXX of 1925), for the purpose hereinafter appearing;

It is hereby enacted RH follows: —

Act, 1949.

1. Short title.—Thin Act may be edled the Indian Succession (Amendment) '

I. Amendment of section 382, Act XXXDt of 1936.—Iu motion 382 of the lodiar, Succession Act, 1925, after the words "an Acceding State" the words • or the State of Hyderabad" "hall be inserted.

AOT NO. XXXVI OF 1049

An Aot to amend the Indian Passport Act, 1920.

Ar-t¹" J S S **

t l t i ⁸' ~T h is A o tl ma>" be "a l l e cl *e l n di "" I W p wt (Amendment)

2. Amendment of the long title and t&e preamble, Act XXXIV of 1020.— In ttie long title of, and the preamble to, the Indinn JL'iwsport Act, 1920 (here- inafter referred to aa the said Act), for the words '"the Provmees of India'¹ the word "i'tidiu" shall ho substituted.

PUBLIHHHD BY THM MAVAOBII OF PuBUCATIONS, DlI.HI, INDIA.

PttlNTKl) 1)T TRH "WANAUBII, OOVHPNMHVT Of INH1A PTMSB, N MW DlLHI, INDIA.