THE 1[GOVERNMENT] GRANT ACT, 18952

ACT NO. 15 OF 1895.2

                                                                                    [10TH October, 1895]

An Act to explain the Transfer of Property Act, 1882, so far as it relates to grants from the 1[Government] and to remove certain doubts as to the powers of the 1[Government] in relation to such grants.

 

IV of 1882.

Where doubts have arisen as to the extent an operation of the Transfer of Property Act, 1882, and as to the power of the 1[Government] to impose limitations and restrictions upon grants and other transfers of land made by it or under its authority and it is expedient to remove such doubts;

It is hereby enacted as follows :-

 

1.            Title and extent - (1)  This Act may be called the 1[Government] Grants Act, 1895.

(2)               It extents to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B States] *  *  *  *5.

 

2.            Transfer of Property Act 1882, not to apply to Government grants - Nothing in the Transfer of Property Act, 1882, contained shall apply pr be deemed ever to have applied to any grant or other transfer of land or of any interest therein heretofore made or hereafter to be made 6[by or on behalf of the 1[Government] to, or in favor of, any person whomsoever; but every such grant and transfer shall be construed and take effect as if the said Act had not been passed.


1Substituted for “Crown” by Adaptation of Laws Order, First Schedule.

2For Statement of Objects and Reasons, see Gazette of India 1895, Pt. V, p. 169 and for Proceedings in Council, see ibitd, Pt. VI, pp. 328 and 355.

This Act has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941).

3Sybstituted for “the whole of British India” by Indian Independence (Adaptation of Central Acts and Ordinance) Order, 1948, and Adaptation of Laws Order, 1950.

4Substituted for “Part B States” by Adaptation of Laws (No. 2) Order, 1956. This Act has been extended to Pepsu Territories by Punjab Act 30 of 1958.

5The word “and” at the end of sub-section (1) and whole of sub-section (3) rep. By the Repealing and Amending Act, 1914 (10 of 1914) s. 3 and Sch. II.

6Substituted by Government of India (Adaptation of Indian Laws Order, 1937, for “by or on behalf of Her Majesty the Queen Empress, Her heirs or successors or by or on behalf or Secretary of State for India, in Council”.

 

3.            Government Grants to take effect according to their tenor - All provisions, restrictions conditions and limitations ever contained in any such grant or transfer as aforesaid shall be valid and take effect according to their tenor, any rule of law stature or enactment of the Legislature to the contrary notwithstanding.