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  • JUNAGADH ADMINISTRATION (PROPERTY) ACT, 1948

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JUNAGADH ADMINISTRATION (PROPERTY) ACT, 1948

JUNAGADH ADMINISTRATION (PROPERTY) ACT, 1948

26 of 1948

 

13th April, 1948.

 

An Act to provide for the vesting of certain property belonging to the State of Junagadh in the Administrator appointed by the Central Government. WHEREAS on or about the 9th day of November 1947 the administration of the State of Junagadh was handed over to the Central Government; AND WHEREAS it is necessary to provide for the vesting of certain property belonging to the said State in the Administrator thereof, and for certain incidental matters; It is hereby enacted as follows:--

 

Section 1 Short title

 

Section This Act may be called the Junagadh Administration (Property) Act, 1948.

 

Section 2 Definition

 

Section In this Act "Administrator" means the person appointed by the Central Government to be the Administrator of the State of Junagadh.

 

Section 3 Vesting and disposal of property and owners of Administrator 

 

(1) Notwithstanding anything contained in any law for the time being in force, the property described in the Schedule, whether in the name of His Highness the Nawab of , or the Dewan or the Private Secretary to His Highness the Nawab of Junagadh, or the Manager and Engineer-in- Chief, Junagadh State Railway, or the Chief Accounts Officer, Junagadh State, or any other person whatsoever or in the name of more than one of them, shall be deemed on and from the 9th day of November 1947 to have vested in the Administrator, and the Administrator shall, as from that date, hold and be entitled to and have the power to deal with and dispose of the said property as such Administrator.

 

(2) Without prejudice to the generality of the foregoing provisions, the Administrator shall have the power to--

 

(a) receive and give full and effectual discharge for or in respect of the bank deposits, securities and shares described in the Schedule;

(b) sell, transfer or otherwise dispose of or deal with such property.

 

Section 4 Issue of duplicate securities

 

Section Notwithstanding anything contained in any law for the time being in force, the Reserve Bank of India shall issue to the Administrator duplicate securities in his name in lieu of the securities specified in Part II of the Schedule as if the securities so specified had been lost, and such duplicate securities shall have the same effect as if they had been issued under section 11 of the Public Debts (Central Government) Act, 1944 (18 of 1944).

 

Section 5 Transfers otherwise than by Administrator void

 

Section Any transfer of, or dealing with, any of the property described in the Schedule after the 8th day of November 1947, otherwise than by the Administrator, shall be, and shall always be deemed to have been, void and of no effect.

 

Section 6 Bar of jurisdiction

 

(1) No Court shall have jurisdiction to entertain any suit or other proceeding in respect of any of the property described in the Schedule or to enforce any liability in respect thereof, other- wise than at the instance of the Administrator.

 

(2) Any claim in respect of such property by any person other than the Administrator may be submitted to the Central Government, whose decision in the matter shall be final.

 

Section 7 Protection of action taken under this Act

 

Section No suit, prosecution or other legal proceeding shall lie against the Central Government, the Reserve Bank of India, any bank or company named in Parts I and III of the Schedule or any person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act.

 

Section 8 Power of the Central Government to add to the schedule

 

Section The Central Government may from time to time add to the items of property included in the Schedule by notification in the Official Gazette and on such notification such property shall be deemed to have been always included in the Schedule.

 

Section 9 Power of the Central Government to add to the schedule

 

Section Repeal of Ordinance No.30 of 1947

(1) The Junagadh Administration (Property) Ordinance, 1947, is hereby repealed.

 

(2) Anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall, so far as it is not inconsistent with this Act, be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act had commenced on the 24th day of December, 1947.



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