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Year : 1895
[Act, No. 15 of 1895]
[10th October, 1895]
PREAMBLE
An Act to explain the Transfer of Property Act, 1882, SO far a relates to grants from the {" Subs.by the A.O.1950 for " Crown ".}[Government], and to remove certain doubts as to the powers of the {" Subs.by the A.O.1950 for " Crown ".}[Government] in relation to such grants.
WHEREAS doubts have arisen as to the extent and operation of the Transfer of Property Act, 1882, and as to the power of the {" Subs.by the A.O.1950 for " Crown ".}[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,
Section -1 Title and extent
(1) This Act may be called the {" Subs.by the A.O.1950 for "Crown ".}[Government] Grants Act 1895.
(2) It extends to the whole of India except {Subs, by the Adaptation of Laws (No.2) Order, 1956 for " Part B States".}[the territories which immediately before the 1st November, 1956, were comprised in Par B States] { The word " and " at the end of sub-section (2).and sub-section (3).rep.by, Act 10 of 1914, s.3 and Sch.II.}.
Section -2 Transfer of Property Act, 1882, not to apply to government grants
Nothing in the Transfer of Property Act, 1882, contained shall apply or 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 { Subs, by the A.O.1937 for " by or on behalf of Her Majesty the Queen Empress, Her heirs or successors, or by or on behalf of the Secretary of State for India in Council."}[by or on behalf of the Government] to, or in favour of, an person whomsoever; but every such grant and transfer shall be construed and take effect as if the said Act had not been passed.
Section -3 Government grants to take effect according to their tenor
All provisions, restrictions, conditions and limitations over contained in any such grant or transfer as aforesaid shall be valid and take effect according to their tenor, any rule of law, statute or enactment of the Legislature to the contrary notwithstanding.
