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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 9] NEW DELHI, TUESDAY, MARCH 28, 1972/CHAITRA 8, 1894

Separate paging is given to this Part in order that it may be filed as a separate compilation.

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 28th

March, 1972: —

BILL NO. VI OF 1972

A Bill further to amend the Administrators-General Act, 1963.

BE it enacted by Parliament in the Twenty-third Year of the Republic

of India as follows :—

1. (1) This Act may be called the Administrators-General (Amend-

ment) Act, 1972.

(2) It shall be deemed to have come into force on the 25th day of

February, 1972.

Short title and com- mence- ment

2. In section 9, section 10, section 29 and section 36 of the Adminis-

45 of 1963. trators-General Act, 1963 (hereinafter referred to as the principal Act), for the words "five thousand", wherever they occur, the won is fifteen thousand" shall be substituted.

Amend- ment of section 9,10, 29 and 36.

3. (1) The Administrators-General (Amendment) Ordinance, 1972, is 2 of 1972

hereby repealed.

Repeal and savings.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.

( 159 )

160 THE GAZETTE OF INDIA EXTRAORDINARY [PAST II—

STATEMENT OF OBJECTS AND REASONS

Section 29 of the Administrators-General Act, 1963, provides for issue of a certificate to a claimant claiming the assets of a deceased otherwise than as a creditor. The Administrator-General is empowered to issue such a certificate only if the assets of the deceased, excluding any sum of money deposited in a Government Savings Bank or in any provident fund to which the provisions of the Provident Funds Act, 1925, apply, did not at the date of death exceed in the whole five thousand rupees in I value.

2. The Widows Association of Chandigarh represented on behalf of widows, in general and war widows in particular that the 'aforesaid mone- tary limit of rupees five thousand should be increased. The difficulties pointed out by the Widows Association were found genuine requiring sympathetic consideration. This is all the more so in view of the duty which the nation owes to war widows.

3. In order to provide the much needed relief to widows who have been bereaved due to the recent war, the Administrators-General Act, 1963, was amended by an Ordinance promulgated by the President under article 123 of the Constitution on the 25th February, 1972.

4. The present Bill seeks to replace the said Ordinance by an Act of

Parliament.

NEW DELHI; H. R. GOKHALE.

The 12th March, 1972.

SEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY IGT

BILL NO. VIII OF 1972

A Bill further to amend the Public Wakfs (Extension oj Limitation)

Act, 1959.

BE it enacted by Parliament in the Twenty-third Year of the Republic

of India aa follows:—

1. (1) This Act may be called the Public Wakfs (Extension of Limi-

tation) (Delhi Amendment) Act, 1972.

(2) It extends to the whole of the Union territory of Delhi.

Short title, extent and com mence- ment.

(3) It shall be deemed to have effect from the 1st day of January,

M l.

.. ... . -

29 of 1959,

Amend- ment of section 3.

2. In section 3 of the Public Wakfs (Extension of Limitation) Act, 1959 (hereinafter referred to as the principal Act), as in force in the Union territory of Delhi, for the words, figures and letters "the 31st day af December, 1970", the words, figures-and letters "the 31st day of December, 1972" shall be substituted.

3. (1) The Public Wakfs (Extension of Limitation) (Delhi Amend- 3 of 1972. ment) Ordinance, 1972, is hereby repealed.

Repeal and savings.

(2) Notwithstanding such repeal, anything done or any action taken .mder the principal Act, as amended by the said Ordinance, shall be leemed to have been done or taken under the principal Act as amended >y this Act.

162 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2}

! STATEMENT OF OBJECTS AND REASONS

The Public Wakfs (Extension of Limitation) Act, 1959 was enacted with a view to extend the period of limitation up to the 15th August, 1967 in respect of suits for recovering possession of immovable properties forming part of public wakfs which were under adverse possession. The period of limitation was subsequently extended up to the 31st December, 1968 and then again up to the 31st December, 1970 by parliamentary legislation.

2. The extension in the period of limitation was primarily intended to enable the Wakf Boards constituted under the Wakf Act, 1954 to insti- tute suits for recovery of such properties after a survey of the wakfs was made under Chapter II of the said Act. It has been reported by the Delhi Administration that despite this extension it has not been possible to complete the survey of wakf properties. Unless the survey is com- pleted and the ultimate findings are known, it is not possible for the Delhi Wakf Board to institute legal proceedings for the recovery of possession of such properties. Under the circumstances, the period of limitation was further extended retrospectively by two years by an Ordi- nance promulgated by the President under article 123 of the Constitution for the purpose of amending the public Wakfs (Extension of Limitation) Act, 1959 in its application to the Union territory of Delhi.

3. The Bill seeks to replace the afore-mentioned Ordinance by an Act

of Parliament.

"*•'•*]

NEW DELHI; FAKHRUDDIN ALI AHMED.

The 16th March, 1972.

B. N, BANERJEE,