Subject NOT available

click here for IIIF manifest

REGISTERED No. D. 221

THE GAZETTE of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 28] NEW DELHI, MONDAY, SEPTEMBER 33, 1963/ASVINA 1, 1885

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 23rd September, 1963/Asvina 1, 1885 (Saka)

The following Acts of Parliament received the assent of the President on the 22nd September, 1963, and are hereby published for general information —

THE SPECIAL MARRIAGE (AMENDMENT) ACT, 1963

No 32 OF 1963

[22nd September, 1963]

An Act to amend the Special Marriage Act, 1954.

BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: —

1. This Act may be called the Special Marriage (Amendment)

Short title.

Act, 1963,

2 In section 4 of the Special Marriage Act, 1954,—

43 of 1964.

Amendment of section 4.

(i) for clause (d), the following clause shall be substituted, namely: —

"(d) the parties arc not within the degrees of prohibit- ed relationship:

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; and";

(ii) the following Explanation shall be inserted at the end—

'Explanation.—In this section, "custom", in relation to a person belonging to any tribe, community group or family.

(313)

means any rule which the State Government may, by noti- fication in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family:

Provided that no such notification shall be issued in re- lation to the members of any tribe, community, group or family, unless the State Government is satisfied—

(i) that such rule has been continuously and uni- formly observed for a long .tim.e among those members.

(ii) that such rule is certain and not unreasonable or opposed to public policy; and •

(Hi) that such rule, if applicable only to a family, has not been discontinued by the family,'.

THE INDIAN SALE OF GOODS (AMENDMENT) ACT, 1963 No. 33 OF 1963

[22nd September, 1963J

An Act further to amend the Indian Sale of Goods Act, 1930.

BE it enacted by Parliament in the Fourteenth Year of the Repub- lic of India as follows: —

1. This Act may be called the Indian Sale of Goods (Amendment) Short title.

Act, 1963.

2. In section 1 of the Indian Sale of Goods Act, 1930 (hereinafter 3 of 1930.

Amend- ment of section 1.

referred to as the principal Act), in sub-section (7), the word "Indian" shall be omitted.

Amend- ment of section IS.

3. In section 13 of the principal Act, in sub-section (2), the words "or where the contract is for specific goods the property in which has passed to the buyer," shall be omitted.

4. In section 25 of the principal Act, for sub-sections (2) and (3), the following sub-sections shall be substituted, namely: —

Amend- ment of section 29.

' (2) Where goods are shipped or delivered to a railway administration for carriage by railway and by the bill of lad- ing Or railway receipt, as the case may be, the goods are deliver- able to-the order of the seller or his agent, the seller is prim a facie deemed to reserve the right of disposal.

(3) Where the seller of goods draws on the buyer for the price and transmits to the buyer the bill of exchange together with the bill of lading or, as the case may be, the railway receipt, to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading or the railway receipt if he does not honour the bill of exchange; and, if he wr mgfully retains the bill of lading or the railway receipt, the property in the goods does not pass to him.

Explanation.—In this section, the expressions "railway" and "railway administration" shall have the meanings respectively assigned to them under the Indian Railways Act, 1890.'

9 of 1890,

5. For section 64A ut i\u- princ pal Act, the following section shall be substitutorl, namely:- -

Substitu- tion of nevr section for section 64A.

"64A, (1) Unless a different intention appears trum the terms of the contract, in the event of any tax of the nature described in sub-section (2) being imposed, increased, decreased or remitted in respect of any goods after the making of any contract for the sale or purchase of such goods without stipula- tion as to the payment of tax where tax was not chargeable at the time of the making of the contract, or for the sale or purchase of such goods tax-paid where tnx was chargeable at that time,--

In con- tracts of sale, amount of increased or dec- reased taxes to ho added or rlediict- pd.

(a) if such imposition or increase so takes effect that the tax or increased tax, as the case may bo, or any part of such tax is paid or is payable, the seller may add so much to the contract price as will b" equivalent to the amount paid or payable in respect of such tax or increase of tax, and he shall be entitled to bp paid and to sue for and recover such addition; and

(b) if such decrease or remission so takes effect that

the decreased tax only, or no tax, as the cw may be, is paid or is payable, the buyer may deduct so much from the contract price as will be equivalent to the decrease of tax or remitted tax, and he shall not be liable to pay, or be sued for, or in respect of, such deduction.

(2) The provisions of sub-section (7) apply to the following

taxes, namely: —

THE WAREHOUSING CORPORATIONS (AMENDMENT) ACT, 1963

No 34 OP 1963

[22nd, September, 1963]

An Act to amend the Warehousing Corporations Act, 1962.

BE it enacted by Parliament in the Fourteenth Year of the

Republic of India as follows: —

1. This Act may be called the Warehousing Corporations

ihontitk,

(Amendment) Act, 1963.

2. In sub-section (2) ot section 3 oi the Warehousing Corpora-

Amendment of section 3.

88 at 1962.

tions Act, 1962, after the words "at New Delhi", the words "or al such other place as the Central Government may, by notification in the Official Gazette, specify" shall be inserted.

S, P. SEN-VARMA,

Speciat Secy, to the Govt, of India.

PRINTED IN TNDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, ftt!,W DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 63