रजिस्ट्री सं ० डी ० 221
REGISTERED No. D. 221
भारत का राजपत्र
The Gazette of India
EXTRAORDINARY
भाग II--खण्ड 2
PART II Section 2
14
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 65] मई दिल्ली, मालवार , मम्बर 27, 1973/ अग्रत्रुत्येन 6, 1895
No. 65 ] NEW DELHI , TUESDAY, NOVEMBER 27 , 1973 / AGRAHAYAΝΑ 6 , 1895
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि गह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
RAJYA SABНА
The following Bills were introduced in the Rajya Sabha on the 27th November, 1973 :-
I
BILL NO . XL OF 1973
A Bill further to amend the Public Wakfs ( Extension of Limitation ) Act , 1959 , as in force in the Union territory of Delhi ,
BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows: -
1. ( 1) This Act may be called the Public Wakfs ( Extension of Limita- Short
tion) (Delhi Amendment ) Act , 1973 . title,
extent
(2) It extends to the whole of the Union territory of Delhi . and com-
mence-
(3) It shall be deemed to have effect from the 1st day of January, 1973. ment.
2. In section 3 of the Public Wakfs (Extension of Limitation) Act, 1959, Amend-
as in force in the Union territory of Delhi, for the words , figures and ment of
letters " the 31st day of December , 1972 " , the words , figures and letters section 3
"the 31st day of December , 1975" shall be substituted , ofAct 29
of1959.
(945) [PART II
THE GAZETTE OF INDIA EXTRAORDINARY
946
STATEMENT OF OBJECTS AND REASONS
The Public Wakfs ( Extension of Limitation ) Act, 1959 , was enacted 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 limi- tation was subsequently extended up to the 31st December , 1968 and then again up to the 31st December , 1970, by Parliamentary legislation . Further , in respect of the Union territory of Delhi , the limitation period was extended up to the 31st December , 1972 by the Public Wakfs ( Exten- sion of Limitation ) ( Delhi Amendment ) Act , 1972.
2. The extension in the period of limitation was primarily intended to enable the Wakf Boards constituted under the Wakf Act , 1954 (29 of 1954 ) to institute suits for the 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 in Delhi . Unless the survey is completed and the ultimate findings are known , it will not be possible for the Delhi Wakf Board to institute legal proceedings for the recovery of possession of such properties . Under the circumstances , it is deemed expedient to extend the limitation period in the Union territory of Delhi up to the 31st December , 1975 .
3. The Bill seeks to achieve the above object .
F. A. AHMED .
NEW DELHI;
The 21st November , 1973 .
SEC . 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
947
II
BILL NO . XXXIX OF 1973
A Bill further to amend the Indian Works of Defence Act , 1903 .
BE it enacted by Parliament in the Twenty - fourth Year of the Republic of India as follows : -
1. This Act may be called the Indian Works of Defence (Amendment) Act, 1973. Short title .
7 of1903 ,
2. In section 1 of the Indian Works of Defence Act , 1903 ( hereinafter referred to as the principal Act) , in sub- section ( 1 ) , the word "Indian" shall be omitted .
Amend. ment of section 1.
ment of section 37. Amend .
3. In section 37 of the principal Act , for the words and brackets " or (within the towns of Calcutta , Madras and Bombay) to the Commissioner of Police " the words and brackets " or (within any area for which a Commissioner of Police has been appointed) to the Commissioner of Police" shall be substituted .
4. In section 44 of the principal Act-
Amend- ment of section 44.
( i) in sub - section ( 1 ) , for the words " The Central Government may make rules " the words "The Central Government may , by notification in the Official Gazette , make rules " shall be substituted;
THE GAZETTE OF INDIA EXTRAORDINARY [PART II- 948
(ii ) for sub -section (3 ) , the following sub- section shall be substi- tuted , namely: -
"(3) Every rule made under this section shall be laid, as soon as may be after it is made , before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if, before the expiry of the session immediately following the session or the successive sessions aforesaid , both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made , the rule shall thercafter have effect only in such modified form or be of no effect, as the case may be; so , however , that any such modification or annul- ment shall be without prejudice to the validity of anything pre- viously done under that rule ." .
SEC . 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
949
STATEMENT OF OBJECTS AND REASONS
The Indian Works of Defence Act , 1903 , inter alia provides for the imposition of restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions . The restrictions under the Act are imposed through civil authorities, normally the Collector . Under section 37 of the Act, if the Collector or the officer authorised under section 6 is opposed or impeded in doing anything directed or permitted by the Act, he is empowered to enforce compliance if he is himself a magistrate and if not, he has to apply to a magistrate and in the cities of Calcutta , Madras and Bombay to the Commissioner of Police , who shall enforce compliance . Since the enactment of the Act, Commissioners of Police have been appointed for certain cities other than the Presidency towns of Calcutta, Madras and Bombay. It is possible that Commis- sioners of Police may be appointed in future for more cities also . With a view to enabling the Collector and the officer authorised under section 6 to apply to the Commissioners of Police for enforcing compliance with the Act in any area for which a Commissioner of Police has been appoint- ed, it is proposed to amend section 37 of the Act suitably.
2. The Bill is mainly intended to achieve the above objective .
JAGJIVAN RAM.
NEW DELHI ;
The 22nd November , 1973 .
B. N. BANERJEE .
Secretary-General
PRUSTED BY TED , GOVERNMMENT OF JADIA PRESS , MINTO ROAD , TW TELFAL AND LISTAD THE UNONTROLLER OF TUULICATIONS , DELAT, 1978