Short Title, Commencement & Extent of the Transfer of Property Act, 1882

Short Title, Commencement & Extent of the Transfer of Property Act, 1882

Section 1 of the Transfer of Property Act, 1882 provides for short title, commencement & extent which reads as follows:

# 1. Short title

# This Act may be called the Transfer of Property Act, 1882.

# Commencement

It shall come into force on the first day of July, 1882.

# Extent

1[It extends 2 in the first instance to the whole of India except 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of] Bombay, Punjab and Delhi.]

4[But this Act or any part thereof may by notification in the Official Gazette be extended to the whole or any part of the 5[said territories] by the 6[State Government] concerned.]

7[And any State Government may 8[***] from time to time, by notification in the Official Gazette, exempt, either retrospectively or prospectively, any part of the territories administered by such State Government from all or any of the following provisions, namely,-

Section 54, paragraph 2 and sections 3, 59, 107 and 123.]

9[Notwithstanding anything in the foregoing part of this section, section 54, paragraphs 2 and 3, and sections 59, 107 and 123 shall not extend or be extended to any district or tract of country for the time being excluded from the operation of the Indian Registration Act, 10[1908] (XVI of 1908), under the power conferred by the first section of that Act or otherwise.]

1. Subs. by the A. O. 1950 for the original third paragraph.

2. The application of this Act was barred in the Naga Hills District, including the Mokokchang Sub-Division, the Dibrugarh Frontier Tract, the North Cachar Hills, the Garo Hills, the Khasia and Jaintia Hills and the Mikir Hills Tract, by notification under s. 2 of the Assam Frontier Tracts Regulation, 1880 (2 of 1880).

The Act has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2, and continued in force, with modifications, in the territory transferred to Delhi Province by the Delhi Laws Act, 1915 (7 of 1915), s. 3 and Sch. III. It has also been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941).

The Act has been extended with effect from 1st January, 1893, to the whole of the territories, other than the Scheduled Districts, under the administration of the Govt. of Bombay.

Ss. 54, 107 and 123 have been extended from 6th May, 1935, to all Municipalities in the Punjab and to all notified areas declared and notified under s. 241 of the Punjab Municipal Act, 1911 (Pun. 3 of 1911), see Punjab Gazette, Extraordinary, 1925, p. 27. Those ss. and s. 129 have been extended to certain areas in Delhi Province, see notifications No. 198/38-III, dated 30th May, 1939, Gazette of India, 1939, Pt. I, p. 918, and No. 61/40-Judl., dated 16th November, 1940, Gazette of India, 1940, Pt. I, p. 1639, respectively.

The Act has been extended to Manipur by the Union Territories (Laws) Amendment Act, 1956 (68 of 1956). It has been rep. as to Government Grants by the Government Grants Act, 1895 (15 of 1895) and rep. or modified to the extent necessary to give effect to the provisions of the Madras City Tenants Protection Act, 1921 (Mad. 3 of 1921), in the City of Madras; see s. 13 of that Act.

It has been amended in Bombay by Bombay Act 14 of 1939, and in Uttar Pradesh by Uttar Pradesh Act 24 of 1954.

The Act has been extended to- (i) Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 & Sch.; (ii) Goa, Daman and Diu by Reg. 11 of 1963, s. 3 & Sch.; (iii) Union territory of Pondicherry by Act 26 of 1968, s. 3 & Sch.; The Act has been extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965), by Re. 6 of 1963, s. 2 & Sch.I. The Act as been amended in- (i) Bombay by Bombay Act 57 of 1954; (ii) Uttar Pradesh by U.P. Act 14 of 1970 (57 of 1970); (iii) Assam by Assam Act 10 of 1976. The Act sall come into force in the State of Sikkim on 1-9-1984 vide Notification No.643(E), dated 24-8-1984, Gaz. of India, Exry., Pt.II, Sec.3 (ii).

3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”

4. Subs. by the A. O. 1937 for the original para.

5. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “said States”.

6. Subs. by the A. O. 1950, for “Provisional Government”

7. Subs. by Act 3 of 1885, s. 1, for the original para.

8. The words “with the previous sanction of the G. G. in C.” omitted by Act 38 of 1920, s. 2 and Sch. I.

9. Added by Act 3 of 1885, s. 2 (with retrospective effect). S. 54, paras. 2 and 3, and ss. 59, 107 and 123 extend to every cantonment-see s. 287 of the Cantonments Act, 1924 (2 of 1924).

10. Subs. by Act 20 of 1929, s. 2, for “1877”


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