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THE TRANSFER OF PROPERTY (BOMBAY PROVISION FOR UNIFORMITY AND AMENDMENT) ACT, 1959
BOMBAY ACT NO. LVII OF 19591
[14th October, 1959]
An Act to provide for uniformity in the provisions of the Transfer of Property Act, 1882 in its application to the State of Bombay and further to amend the said Act.
WHEREAS in so far as the transfer of agricultural land is concerned, the Transfer of Property Act, 1882 applies only to the pre-reorganisation State of Bombay, excluding the transferred territories, the Vidarbha region and the Kutch area, but does not apply to the Saurashtra and Hyderabad areas of the State of Bombay;
AND WHEREAS in the Saurashtra area, the Transfer of Property Act, 1882 as adapted and applied to that area by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, and, in the Hyderabad area, the Hyderabad Act 1 of 1936 Fasli are respectively in force in relation to transfer of agricultural land;
AND WHEREAS it is expedient to provide for uniformity in the provisions of the Transfer of Property Act, 1882 in its application to the entire State of Bombay and to repeal the Acts mentioned in the preceding paragraph;
AND WHEREAS it is expedient to extend to rest of the State of Bombay the Transfer of Property and the Indian Registration (Bombay Amendment) Act, 1939, in so far as it amends the Transfer of Property Act, 1882;
AND WHEREAS it is expedient further to amend the Transfer of Property Act, 1882 in its application to the State of Bombay for the purposes hereinafter appearing;
It is hereby enacted in the Tenth Year of the Republic of India as follows
SECTION 01: SHORT TITLE
This Act may be called the Transfer of Property (Bombay Provision for Uniformity and Amendment) Act, 1959.
SECTION 02: APPLICATION OF ACT IV OF 1882 TO TRANSFER OF AGRICULTURAL LAND IN REST OF THE STATE
Subject to the provisions of any special or local law relating to agricultural land for the time being in force in any area, the Transfer of Property Act, 1882 shall, on the commencement of this Act, apply also to transfer of agricultural land in the Saurashtra and Hyderabad areas of the State of Bombay.
SECTION 03: EXTENSION OF CERTAIN PROVISIONS OF BOM XIV OF 1939 TO REST OF THE STATE
The provisions of the Transfer of Property and the Indian Registration (Bombay Amendment) Act, 1939 which amend the Transfer of Property Act, 1882, in its application to the pre-reorganisation State of Bombay, are hereby extended to, and shall be in force in, that part of the State of Bombay to which they did not extend immediately before the commencement of this Act; and the Transfer of Property Act, 1882 shall, from the commencement of this Act, be deemed to be amended accordingly also in that part of the State.
SECTION 04: AMENDMENT OF ACT IV OF 1882
In the Transfer of Property Act, 1882, in its application to the State of Bombay (hereinafter referred to as "the principal Act") after section 1, the following section shall be inserted, namely:
"1A. Application of Act to transfer of agricultural land in Saurashtra and Hyderabad areas of State of Bombay: Subject to the provisions of any special or local law relating to agricultural land for the time being in force in any area, this Act shall, on the commencement of the Transfer of Property (Bombay Provision for Uniformity and Amendment) Act, 1959, apply also to transfer of agricultural land in the Saurashtra and Hyderabad areas of the State of Bombay."
SECTION 05: REPEAL AND SAVINGS
The Transfer of Property Act, 1882 as adapted and applied to the Saurashtra area of the State of Bombay by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 and the Hyderabad Act I of 1336 Fasli in its application to the Hyderabad area of the State of Bombay are hereby repealed :
Provided that such repeal shall not affect
(a) the previous operation of any law so repealed , or anything duly done or suffered thereunder ;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed;
(c) any legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid;
(d) and any such legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed :
Provided further that, subject to the preceding proviso, anything done or any action taken under any such law shall, in so far as it is not inconsistent with the provisions of the principal Act, as amended by this Act be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act and shall continue in force accordingly unless and until superseded by anything done or any action taken under the principal Act.
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