[6th March, 1891.]

WHEREAS it is expedient to extend the Indian Easements Act, 1882,
(5 of 1882) to certain areas in which that Act is not in force; It is hereby enacted as follows:-

1.Extension of Act V, 1882, to Bombay and the North-Western Provinces and Oudh.

1. Extension of Act V, 1882, to Bombay and the North Western
Provinces and Oudh.-The Indian Easements Act, 1882 (5 of 1882), is hereby extended to the territories respectively administered by the
Governor of Bombay in council and the Lieutenant-Governor of the
1*North-Western Provinces and Chief Commissioner of Oudh.

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows :-

CHAPTER I

PRELIMINARY

1.Short title, extent and commencement.- (1) this Act may be called the Architects Act, 1972.

(2) it extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2.Definitions.- In this, Act, unless the context otherwise requires,-

(a) architect means a person whose name is for the time being entered in the register;

(b) Council means the Council of Architecture constituted under section 3:

(c) Indian Institute of Architects means the Indian Institute of Architects registered under the Societies Registration Act, 1860 (21 of 1860)

(d) recognised qualification means any qualification in architecture for the time being included in the Schedule or notified under section 15;

(e) register means the register of architects maintained under section 23;

(f) regulation means a regulation made under this Act by the Council;

(g) rule means a rule made under this Act by the Central Government.

CHAPTER II

COUNCIL OF ARCHITECTURE

3.Constitution of Council of Architecture.- (1) The Central Government shall, by notification in the Official Gazette, constitute, with effect from such date as may be specified in the notification, a Council to be known as the Council of Architecture, which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue or be sued.

(2) The Head Officer of the Council shall be at Delhi or at such other place as the Central Government may, by notification in the Official Gazette, specify.

(3) The Council shall consist of the following members, namely :-

(a) five architects possessing recognised qualifications elected by the Indian Institute of Architects from among its members :

(b) two persons nominated by the All India Council for Technical Education established by the Resolution of the Government of India in the late Ministry of Education No.F.16-10/44-E.III, dated the 30th November, 1945;

(c) five person selected from among themselves by heads of architectural institutions in India imparting full-time instruction for recognised qualifications;

(d) the Chief Architects in the Ministries of the Central Government to which the Government business relating to defence and railways has been allotted and the head of the Architectural Organisation in the Central Public Works Department, ex officio;

(e) one person nominated by the Central Government;

(f) an architect from each State nominated by the Government of that State;

(g) two person nominated by the Institution of Engineers (India) from among its members; and

(h) one person nominated by the Institution of Surveyors of India from among its members.

Explanation.-For the purposes of this sub-section,-

(a) Institution of Engineers (India) means the Institution of Engineers (India first registered in 1920 under the India Companies Act, 1913 (7 of 1913) and subsequently incorporated by a Royal Charter in 1935.

(b) Institution of Surveyors of India means the Institution of Surveyors registered under the Societies Registration Act, 1860 (21 of 1860).

(4) Notwithstanding anything contained in clause (a) of sub-section (3), the Central Government may, pending the preparation of the register, nominate to the first Council, in consultation with the Indian Institution of Architects, persons referred to in the said clause (a) who are qualified for registration under section 25, and the persons so nominated shall hold officer for such period as the Central Government may, by notification in the Official Gazette, specify.

(5) Notwithstanding anything contained in clause (f) of sub-section (3), the Central Government may, pending the preparation of the register, nominate to the first Council, in consultation with the State Governments concerned, persons referred to in the said clause (f), who are qualified for registration under section 25, and the person so nominated shall hold officer for such period as the Central Government may, by notification in the Official Gazette, specify.

4.President and Vice-President of Council.- (1) The President and the Vice-President of the Council shall be elected by the members of the Council from among themselves :

Provided that on the first constitution of the Council and until the President is elected, a member of the Council nominated by the Central Government in this behalf shall discharge the functions of the President.

(2) An elected President or Vice-President of the Council shall hold officer for a term of three years or till he ceases to be a member of the Council, whichever is earlier, but subject to his being a member of the Council, he shall be eligible for re-election :

Provided that-

(a) the President or the Vice-President may, by writing under his hand addressed to the Vice-president or the President, as the case may be resign his office;

(b) the President or the Vice-President shall, notwithstanding the expiry of this term of three years, continue to hold officer until his successor enters upon office.

(3) The President and the Vice-president of the Council shall exercise such powers and discharge such duties as may be prescribed by regulations.

5.Mode of elections.- (1) Elections under this Chapter shall be conducted in such manner as may be prescribed by rules.

(2) Where any dispute arises regarding any such election, the matter shall be referred by the Council to a Tribunal appointed by the Central Government by notification in the Official Gazette in this behalf, and the decision of the Tribunal shall be final :

Provided that no such reference shall be made except on an application made to the Council by an aggrieved party within thirty days from the date of the declaration of the result of the election.

(3) The expenses of the Tribunal shall be borne by the Council.

6.Terms of office and casual vacancies.- (1) Subject to the provision s of this section, an elected or nominated member shall hold officer for a term of three years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is later.

(2) An elected or nominated member may, at any time, resign his membership by writing under his hand addressed to the President, or in his absence, to the Vice-President, and the seat of such member shall thereupon become vacant.

(3) A member shall be deemed to have vacated his seat-

(i) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive ordinary meetings of the Council; or

(ii) if he ceases to be a member of the body referred to in clause (a), clause (g) or clause (h) of sub-section (3) of section 3 by which he was elected or nominated, as the case may be; or

(iii) in the case where he has been elected under clause (c) of sub-section (3) of section 3, if the ceases to hold his appointment as the head of an institution referred to in the said clause.

(4) A casual vacancy in the Council shall be filled by fresh election or nomination, as the case may be, and the person so elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.

(5) Members of the Council shall be eligible fore re-election or re-nomination, but not exceeding three consecutive terms.

7.Validity of act or proceeding of Council, Executive Committee or other committees not to be invalidated by reason of vacancy, etc.- No act or proceeding of the Council or the Executive Committee or any other committee shall be invalid merely by reason of-

(a) any vacancy in, or defect in the constitution of, the Council, the Executive committee or any other committee, or

(b) any defect in the election or nomination of a person acting as a member there of, or

(c) any irregularity in procedure not affecting the merits of the case.

8.Disabilities.- A person shall not be eligible for election or nomination as a member of the Council, if he-

(a) is an undischarged insolvent; or

(b) has been convicted by a court in India for any offence and sentenced to imprisonment for not less than two years, and shall continue to be ineligible for a further period of five years since his release.

9.Meetings of Council.- (1) The Council shall meet at least once in every six months at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.

(2) Unless otherwise prescribed by regulations, nine members of the Council shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting.

(3) In the case of an equal division of votes, the President, or in his absence, the Vice-President or, in the absence of both , the member presiding over the meeting, shall have and exercise a second or casting vote.

10.Executive Committee and other committees.- (1) The Council shall constitute from among its members an Executive Committee, and may also constitute other committees for such general or special purposes as the Council deems necessary to carry out its functions under this Act.

(2) The Executive Committee shall consist of the President and the Vice-President of the Council who shall be member ex-officio and five other members who shall be elected by the Council from among its members.

(3) The President and the Vice-president of the Council shall be the Chairman and Vice-Chairman respectively of the Executive Committee.

(4) A member of the Executive Committee shall hold office as such until the expiry of his term as a member of the Council but subject to his being a member of the Council, he shall be eligible for re-election.

(5) In addition to the powers and duties conferred and imposed on it by this Act, the Executive committee shall exercise such powers and discharge such duties as may be prescribed by regulations.

11.Fees and allowances to President, Vice President and members.- The President, the Vice-President and other members of the Council shall be entitled to such fees and allowances as the Council may, with the previous sanction of the Central Government fix, in this behalf.

12.Officers and other employees.- (1) The Council shall-

(a) appoint a Registrar who shall act as its Secretary and who may also act, if so decided by the Council, as its treasurer;

(b) appoint such other officers and employees as the Council deems necessary to enable it to carry out its functions under this Act;

(c) with the previous sanction of the Central Government, fix the pay and allowances and other conditions of service of officers and other employees of the Council.

(2) Notwithstanding anything contained in clause (a) of sub-section (1), for the first three years from the first constitution of the Council, the Registrar of the Council shall be a person appointed by the Central Government, who shall hold office during the pleasure of the Central Government.

(3) All the persons appointed under this section shall be the employees of the Council.

13.Finances of Council.- (1) There shall be established a Fund under the management and control of the Council in to which shall be paid all moneys received by the Council and out of which shall be met all expenses and liabilities properly incurred by the Council.

(2) The Council may invest any money for the time being standing to the credit of the Fund in any Government security or in any other security approved by the Central Government.

(3) The Council shall keep proper accounts of the Fund distinguishing capital from revenue.

(4) The annual accounts of the Council shall be subject to audit by an auditor to be appointed annually by the Council.

(5) As soon as may be practicable at the end of each year, but no later than the thirtieth day of September of the year next following, the Council shall cause to be published in the Official Gazette a copy of the audited accounts and the report of the Council for that year and copies of the said accounts and report shall be forwarded to the Central Government.

(6) The Fund shall consist of-

(a) all moneys received from the Central Government by way of grant, gift or deposit;

(b) any sums received under this Act whether by way of fee or otherwise.

(7) All moneys standing at the credit of the Council which cannot immediately be applied shall be deposited in the State Bank of India or in any other bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).

14.Recognition qualifications granted by authorities in India.- (1) The qualifications included in the Schedule or notified under section 15 shall be recognised qualifications for the purposes of this Act.

(2) Any authority in India which grants an architectural qualification not included in the Schedule may apply to the Central Government to have such qualification recognised, and the Central Government, after consultation with the Council, may, by notification in the Official Gazette.Amend the Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the Schedule against such architectural qualification declaring that it shall be a recognised qualification only when granted after a specified date :

Provided that until the first Council is constituted, the Central Government shall, before issuing any notification as aforesaid, consult an expert committee consisting of three members to be appointed by the Central Government by notification in the Official Gazette.

15.Recognition of architectural qualifications granted by authorities in foreign countries.- (1) The Central Government may, after consultation with the Council, direct, by notification in the Official Gazette, that an architectural qualification granted by any university or other institution in any country outside India in respect of which a scheme of reciprocity for the recognition of architectural qualification is not in force, shall be a recognised qualification for the purposes of this Act or, shall be so only when granted after a specified date or before a specified date :

Provided that until the first Council is constituted the Central Government shall, before issuing any notification as aforesaid, consult the expert committee set up under the proviso to sub-section (2) of section 14.

(2) The Council may enter into negotiations with the authority in any State or country outside India, which by the law of such State or country is entrusted with the maintenance of a register of architects, for settling of a scheme of reciprocity for the recognition of architectural qualifications, and in pursuance of any such scheme, the central Government may, by notification in the Official Gazette, direct that such architectural qualification as the Council has decided should be recognised, shall be deemed to be a recognised qualification for the purposes of this Act, any such notification may also direct that such architectural qualification shall be so recognised only when granted after a specified date or before a specified date.

16.Power of Central Government to amend Schedule.- Notwithstanding anything contained in sub-section (2) of section 14, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Schedule by directing that an entry be made therein in respect of any architectural qualification.

17.Effect of recognition.- Notwithstanding anything contained in any other law, but subject to the provisions of this Act, any recognised qualification shall be a sufficient qualification for enrolment in the register.

18.Power require information as to courses of study and examinations.- Every authority in India which grants a recognised qualification shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.

19.Inspections of examinations.- (1) The Executive Committee shall, subject to regulations, if any, made by the Council, appoint such number of inspectors as it may deem requisite to inspect any college or institution where architectural education is given or to attend any examination held by any college or institution for the purpose of recommending to the Central Government recognition of architectural qualifications granted by that college or institution.

(2) The inspector shall not interfere with the conduct of any training or examination, but shall report to the Executive Committee on the adequacy of the standards of architectural education including staff, equipment, accommodation, training and such other facilities as may be prescribed by regulations for giving such education or on the sufficiency of every examination which they attend.

(3) The Executive committee shall forward a copy of such report to the College or institution and shall also forward copies with remarks, if any, of the college or institution thereon, to the Central Government.

20.Withdrawal of recognition.- (1) When upon report by the Executive Committee it appears to the Council-

(a) that the courses of study and examination to be undergone in, or the proficiency required from the candidates at any examination held by, any college or institution, or

(b) that the staff, equipment, accommodation, training and other facilities for staff and training provided in such college or institution,

do not conform to the standards prescribed by regulations, the council shall make a representation to that effect to the appropriate Government.

(2) After considering such representation the appropriate Government shall forward it along with such remarks as it may choose to make to the college or institution concerned, with an intimation of the period within which the college or institution, as the case may be, may submit its explanation to the appropriate Government.

(3) On receipt of the explanation or where no explanation is submitted within the period fixed, then on the expiry of that period, the State Government, in respect of the college or institution referred to in clause (b) of sub-section (5), shall make its recommendations to the Central Government.

(4) The Central Government-

(a) after making such further enquiry, if any, as it may think fit, in respect of the college or institution referred to in sub-section (3), or

(b) on receipt of the explanation from a college or institution referred to in clause (a) of sub-section (5), or where no explanation is submitted within the period fixed, then on the expiry of that period,

may, by notification in the Official Gazette, direct that an entry shall be made in the Schedule against the architectural qualification awarded by such college or institution, as the case may be, l declaring that it shall be a recognised qualification only when granted before a specified date and the Schedule shall be deemed to be amended accordingly.

(5) For the purposes of this section, appropriate government means-

(a) in relation to any college or institution established by an Act of Parliament or managed , controlled or financed by the Central Government, the Central Government, and

(b) in any other case the State Government.

21.Minimum standard of architectural education.- The Council may prescribe the minimum standards of architectural education required for granting recognised qualifications by colleges or institutions in India.

22.Professional conduct.- (1) The Council may by regulations prescribe standards of professional conduct and etiquette and a code of ethics for architects.

(2) Regulations made by the Council under sub-section (1) may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provision shall have effect notwithstanding anything contained in any law for the time being in force.

CHAPTER III

REGISTRATION OF ARCHITECTS

23.Preparation and maintenance of register.- (1) The Central Government shall, as soon as may be, cause to be prepared in the manner hereinafter provided a register of architects for India.

(2) The Council shall upon its constitution assume the duty of maintaining the register in accordance with the provisions of this Act.

(3) The register shall include the following particulars, namely:-

(a) the full name with date of birth, nationality and residential address of the architect;

(b) his qualification for registration, and the date on which he obtained that qualification and the authority which conferred it;

(c) the date of this first admission to the register;

(d) his professional address; and

(e) such further particulars as may be prescribed by rules.

24.First preparation of register.- (1) For the purposes of preparing the register of architects for the first time, the Central Government shall, by notification in the Official Gazette, constitute a Registration Tribunal consisting of three persons who have, in the opinion of the Central Government, the knowledge of, or experience in, architecture; and the Registrar appointed under section 12 shall act as Secretary of the Tribunal.

(2) The Central Government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by such fee as may be prescribe by rules, shall be made to the Registration Tribunal.

(3) The Registration Tribunal shall examine every application received on or before the appointed day and if it is satisfied that the applicant is qualified for registration under section 25, shall direct the entry of the name of the applicant in the register.

(4) The first register so prepared shall thereafter be published in such manner as the Central Government may direct and any person aggrieved by a decision of the Registration Tribunal expressed or implied in the register so published may, within thirty days from the date of such publication, appeal against such decision to an authority appointed by the Central Government in this behalf by notification in the Official Gazette.

(5) The authority appointed under sub-section (4) shall, after giving the person affected an opportunity of being heard and after calling for relevant records, make such order as it may deem fit.

(6) The Registrar shall amend, where necessary, the register in accordance with the decisions of the authority appointed under sub-section (4).

(7) Every person whose name is entered in the register shall be issued a certificate of registration in such form as may be prescribed by rules.

(8) Upon the constitution of the Council, the register shall be given into its custody, and the Central Government may direct that the whole or any specified part of the application fees for registration in the first register shall be paid to the credit of the Council.

25.Qualification for entry in register.- A person shall be entitled on payment of such fee as may be prescribed by rules to have his name entered in the register, if he resides or carries on the profession of architect in India and-

(a) holds a recognised qualification, or

(b) does not hold such a qualification but, being a citizen of India, has been engaged in practice as an architect for a period of not less than five years prior to the date appointed under sub-section (2) of section 24, or

(c) possesses such other qualifications as may be prescribed by rules :

Provided that no person other than a citizen of India shall be entitled to registration by virtue of a qualification-

(a) recognised under sub-section (1) of section 15 unless by the law and practice of a country outside India to which such person belongs, citizens of India holding architectural qualification registrable in that country are permitted to enter and practise the profession of architect in such country, or

(b) unless the Central Government has, in pursuance of a scheme of reciprocity or otherwise, declared that qualification to be a recognised qualification under sub-section (2) of section 15.

26.Procedure for subsequent registration.- (1) After the date appointed for the receipt of applications for registration in the first register of architects, all applications of registration shall be addressed to the Registrar of the Council and shall be accompanied by such fees as may be prescribed by rules.

(2) If upon such application the Register is of opinion that the applicant is entitled to have his name entered in the register he shall enter thereon the name of the applicant :

Provided that no person, whose name has under the provisions of this Act been removed from the register, shall be entitled to have his name re-entered in the register except with the approval of the Council.

(3) Any person whose application for registration is rejected by the Registrar may, within three months of the date of such rejection, appeal to the Council.

(4) Upon entry in the register of a name under this section, the Registrar shall issue a certificate of registration in such form as may be prescribed by rules.

27.Renewal fees.- (1) The Central Government may, by notification in the Official Gazette, direct that for the retention of a name in the register after the 31st day of December of the year following the year in which the name is first entered in the register, there shall be paid annually to the Council such renewal fee as may be prescribed by rules and where such direction has been made, such renewal fee shall be due to be paid before the first day of April of the year to which it relates.

(2) Where the renewal fee is not paid before the due date, the Registrar shall remove the name of the defaulter from the register :

Provided that a name so removed may be restored to the register on, such conditions as may be prescribed by rules.

(3) On payment of the renewal fee the Registrar shall, in such manner as may be prescribed by rules, endorse the certificate of registration accordingly.

28.Entry of additional qualification.- An architect shall, on payment of such fee as may be prescribed by rules, be entitled to have entered in the register any further recognised qualification which he may obtain.

29.Removal from register.- (1) The Council may, by order, removing from the register the name of any architect-

(a) from whom a request has been received to that effect, or

(b) who has died since the last publication of the register.

(2) Subject to the provisions of this section, the Council may order that the name of any architect shall be removed from the register where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make,-

(a) that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact; or

(b) that he has been convicted of any offence which, in the opinion of the Council, involves moral turpitude; or

(c) that he is an undischarged insolvent; or

(d) that he has been adjudged by a competent court to be of unsound mind.

(3) An order under sub-section (2) may direct that any architect whose name is ordered to be removed from a register shall be ineligible for registration under this Act for such period as may be specified.

(4) An order under sub-section 92) shall not take effect until the expiry of three months from the date thereof.

30.Procedure in inquiries relating to misconduct.- (1) When on receipt of a complain made to it, the Council is of opinion that any architect has been guilty of professional misconduct which, if proved, will render him unfit to practice as an architect, the Council may hold an inquiry in such manner as may be prescribed by rules.

(2) After holding the inquiry under sub-section (1) and after hearing the architect, the Council may, by order, reprimand the said architect or suspend him from practice as an architect or remove his name from the register or pass such other order as it thinks fit.

31.Surrender of certificates.- A person whose name has been removed form the register under sub-section (2) of section 27, sub-section (1) or sub-section (2) of section 29 of sub-section (2) of section 30, or where such person is dead, his legal representative, as defined in clause (11) of section 2 of the Code of Civil Procedure, 1908, (5 of 1908) shall forthwith surrender his certificate of registration to the Registrar, and the name so removed shall be published in the Official Gazette.

32.Restoration to register.- The Council may, at nay time, for reasons appearing to it to be sufficient and subject to the approval of the Central Government, order that upon payment of such fee as may be prescribed by rules, the name of the person removed from the register shall be restored thereto.

33.Issue of duplicate certificates.- Where it is shown to the satisfaction of the Registrar that a certificate of registration has been lost or destroyed, the Registrar may, on payment of such fee as may be prescribed by rules, issue a duplicate certificate in the form prescribed by rules.

34.Printing of register.- As soon as may be after the 1st day of April in each year, the Registrar shall cause to be printed copies of the register as it stood on the said date and such copies shall be made available to person applying therefor on payment of such fees as may be prescribed by rules and shall be evidence that on the said date the person whose names are entered therein were architects.

35.Effect of registration.- (1) Any reference in any law for the time being in force to an architect shall be deemed to be a reference to an architect registered under this Act.

(2) After the expiry of two years from the date appointed under sub-section (2) of section 24, a person who is registered in the register shall get preference for appointment as an architect under the Central or State Government or in any other local body or institution which is supported or aided from the public or local funds or in any institution recognised by the Central of State Government.

Comment: Like any other law, registration confers its own advantages. This section gives preference to a registered architect in matters of employment in government service and in service of local authorities. A qualified architect would naturally have preference over an unqualified person claiming to be an architect.

CHAPTER IV

MISCELLANEOUS
36.Penalty for falsely claiming to be registered.- If any person whose name is not for the time being entered in the register falsely represents that it so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable with fine which may extend to one thousand rupees.

37.Prohibition against use of title.- (1) After the expiry of one year from the date appointed under sub-section (2) of section 24, no person other than a registered architect, or a firm of architects shall use the title and style of architect:

Provided that the provisions of this section shall not apply to-

(a) practice of the profession of an architect by a person designated as a landscape architect or naval architect;

(b) a person who, carrying on the profession of an architect in any country outside India, undertakes the function as a consultant or designer in India for a specific project with the prior permission of the Central Government.

(i) landscape architect means a person who deals with the design of open spaces relating to plants trees and landscape;

(ii) naval architect means an architect who deals with design and construction of ships.

(2) If any person contravenes the provision s of sub-section (1), he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.

38.Failure to surrender certificate of registration.- If any person whose name has been removed from the register fails without sufficient cause forthwith to surrender his certificate of registration, he shall be punishable with fine which may extend to one hundred rupees, and, in the case of a continuing failure, with an additional fine which may extend to ten rupees for each day after the first during which he has persisted in the failure.

39.Cognizance of offences.- (1) No Court shall take cognizance of any offence punishable under this Act, except upon complaint made by order of the Council or a person authorised in this behalf by the Council.

(2) No Magistrate other than a Presidency Magistrate or a Magistrate of the first class shall try and offence punishable under this Act.

40.Information to furnished by Council and publication thereof.- (1) The Council shall furnish such reports, copies of its minutes, and other information to the Central Government as that Government may require.

(2) The Central Government may publish, in such manner as it may think fit, any report, copy or other information furnished to it under this section.

41.Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against the Central Government, the Council or any member of the Council, the Executive Committee or any other committee or officers and other employees of the Council for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.

42.Members of Council and officers and employees to be public servants.- The members of the Council and officers and other employees of the Council shall be deemed to be public servants within the meaning of section 21(45 of 1860) of the Indian Penal Code.

43.Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official to Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament and the provisions of sub-section (3) of section 44 shall apply in respect of such order as it applies in respect of a rule made under this Act.

44.Power of Central Government to make rules.- (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following maters, namely:-

(a) the manner in which elections under Chapter II shall be conducted, the terms and conditions of service of the member of the Tribunal appointed under sub-section (2) of section 5 and the procedure to be followed by the Tribunal;

(b) the procedure to be followed by the expert committee constituted under the proviso to sub-section (2) of section 14 in the transaction of its business and the powers and duties of the expert committee and the travelling and daily allowances payable to the members thereof;

(c) the particulars to be included in the register of architects under sub-section (3) of section 23;

(d) the form in which a certificate of registration is to be issued under sub-section (7) of Section 24, sub-section (4) of section 26 and section 33;

(e) the fee to be paid under section 24, 25, 26, 27, 28, 32 and 33;

(f) the conditions on which name may be restored to the register under the proviso to sub-section (2) of section 27;

(g) the manner of endorsement under sub-section (3) of section 27;

(h) the manner in which the Council shall hold an enquiry under section 30;

(i) the fee for supplying printed copies of the register under section 34;

(j) any other matter which is to be or may be provided by rules under this Act.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification to the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

45.Power of Council to make regulations.- (1) The Council may, with the approval of the Central Government, make regulations no t inconsistent with the provisions of this Act, or the rules made thereunder to carry out the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for-

(a) the management of the property of the Council;

(b) the power and duties of the President and the Vice-President of the Council;

(c) the summoning and holding of meetings of the Council and the Executive Committee or any other committee constituted under section 10, the time and places at which such meetings shall be held, the conduct of business thereat and the number of person necessary to constitute a quorum;

(d) the functions of the Executive Committee or of any other committee constituted under section 10;

(e) the courses and periods of study and of practical training, if any, to be undertaken, the subjects of examinations and standards of proficiency therein to be obtained in any college or institution for grant of recognised qualifications;

(f) the appointment, powers and duties of inspector;

(g) the standards of staff, equipment, accommodation, training and other facilities for architectural education;

(h) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations;

(i) the standards of professional conduct and etiquette and code of ethics to be observed by architects;

(i) any other mater which is to be or may be provided by regulations under this Act and in respect of which no rules have been made.

THE SCHEDULE

(See section 14)

QUALIFICATIONS

1.Bachelor Degree in Architecture awarded by Indian Universities established by an Act of the Central or State Legislature.

2.National Diploma (formerly All Indian Diploma) in Architecture awarded by the All India Council for Technical Education.

3.Degree of Bachelor of Architecture (B.Arch.) awarded by the Indian Institute of Technology, Kharagpur.

4.Five-Year full-time diploma in Architecture of the Sir J.J.School of Art, Bombay, awarded after 1941.

5.Diploma in Architecture awarded by the State Board of Technical Education and Training of the Government of Andhra Pradesh with effect from 1960 (for the students trained at the Government College of Arts and Architecture, Hyderabad).

6.Diploma in Architecture awarded by the Government College of Arts and Architecture, Hyderabad till 1959, subject to the condition that the candidates concerned have subsequently passed a special final examination in architecture held by the State Board of Technical Education, Andhra Pradesh and obtained a special certificate.

7.Diploma in Architecture awarded by the University of Nagpur with effect from 1965 to the students trained at the Government Polytechnic, Nagpur.

8.Government Diploma in Architecture awarded by the Government of Maharashtra (or the former Government of Bombay).

9.Diploma in Architecture of Kalabhavan Technical Institute, Baroda.

10.Diploma in Architecture awarded by the School of Architecture, Ahmedabad.
11.Membership of the Indian Institute of Architects.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows :–

1.Short title, extent and commencement.- (1) This Act may be called the Benami Transactions (Prohibition) Act, 1988.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) The provisions of sections 3, 5 and 8 shall come into force at once, and the remaining provisions of this Act shall be deemed to have come into force on the 19th day of May, 1988.

2.Definitions.- In this Act, unless the context otherwise requires,–

(a) benami transaction means any transaction in which property is transferred to one person for a consideration paid or provided by another person;

(b) prescribed means prescribed by rules made under this Act;

(c) property means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property.

3.Prohibition of benami transactions.- (1) No person shall enter into any benami transaction.

(2) Nothing in sub-section (1) shall apply to the purchase of property by any person in the name of his wife or unmarried daughter and it shall be presumed, unless the contrary is proved, that the said property had been purchased for the benefit of the wife of the unmarried daughter.

(3) Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under this section shall be non-cognizable and bailable.

4.Prohibition of the right to recover property held benami.- (1) No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property.

(2) No defence based on any right in respect of any property held benami, whether against the person in whose name the property is held or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property.

(3) Nothing in this section shall apply,–

(a) where the person in whose name the property is held is a coparcener in a Hindu undivided family and the property is held for the benefit of the coparceners in the family; or

(b) where the person in whose name the property is held is a trustee or other person standing in a fiduciary capacity, and the property is held for the benefit of another person for whom he is a trustee or towards whom he stands in such capacity.

5.Property of benami liable to acquisition.- (1) All properties held benami shall be subject to acquisition by such authority, in such manner and after following such procedure as may be prescribed.

(2) For the removal of doubts, it is hereby declared that no amount shall be payable for the acquisition of any property under sub-section (1).

6.Act not to apply in certain cases.- Nothing in this Act shall affect the provisions of section 53 of the Transfer of Property Act, 1882 (4 of 1882.), or any law relating to transfer for an illegal purpose.

7.Repeal of provisions of certain Acts.- (1) Sections 81, 82 and 94 of the Indian Trusts Act, 1882 (2 of 1882.), section 66 of the Code of Civil Procedure, 1908 (5 of 1908.) and section 281A of the Income-tax Act, 1961 (43 of 1961.), are hereby repealed.

(2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall affect the continued operation of section 281A of the Income-tax Act, 1961 (43 of 1961.) in the State of Jammu and Kashmir.

8.Power to make rules.- (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular , and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :–

(a) the authority competent to acquire properties under section 5;

(b) the manner in which, and the procedure to be followed for, the acquisition of properties under section 5;

(c) any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, so soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

9.Repeal and saving.- (1) The Benami Transactions (Prohibition of the Right of Recover Property) Ordinance, 1988 (Ord.2 of 1988.) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been or taken under the corresponding provisions of this Act.

BE it enacted by Parliament in the Nineteenth Year of the
Republic of India as follows:-

1. Short title, extent, application and commencement. (1) This
Act may be called the Enemy Property Act, 1968.(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies also to all citizens of India outside India and to branches and agencies outside India of companies or bodies corporate registered or incorporated in India.

(3) It shall be deemed to have come into force on the 10th day of July, 1968.2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,-

(a) “Custodian” means the Custodian of Enemy Property for
India appointed or deemed to have been appointed under section 3 and includes a Deputy Custodian and an Assistant
Custodian of Enemy Property appointed or deemed to have been appointed under that section;

(b) “enemy” or “enemy subject” or “enemy firm” means a person or country who or which was an enemy, an enemy subject or an enemy firm, as the case may be, under the
Defence of India Act, 1962 (51 of 1962), and the Defence of
India Rules, 1962 2[or the Defence of India Act,1971 (12 of
1971) and the Defence of India Rules, 1971], but does not include a citizen of India;

(c) “enemy property” means any property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm:

Provided that where an individual enemy subject dies in the territories to which this Act extends, any property which

———————————————————————

1 Ins. by Act 40 of 1977, s. 2 (w.e.f. 27-9-1977).

2 Ins. by s. 3, ibid. (w.e.f. 27-9-1977).
———————————————————————

26.immediately before his death, belonged to or was held by him or was managed on his behalf, may, notwithstanding his death, continue to be regarded as enemy property for the purposes of this Act ;

(d) “prescribed” means prescribed by rules made under this
Act.

3. Appointment of custodian of Enemy property for India and
Deputy custodian, etc. The Central Government may, by notification in the Official Gazette, appoint a Custodian of Enemy Property for Indian and one or more Deputy Custodians and Assistant Custodians or Enemy
Property for such local areas as may be specified in the notification:

Provided that the Custodian of Enemy Property for Indian and any
Deputy Custodian or Assistant Custodian of Enemy Property appointed under the Defence of India Rules, 1962 1[or the Defence of India
Rules, 1971, as the case may be], shall be deemed to have been appointed under this section.

4. Appointment of inspectors of Enemy property. The Central
Government may, either generally or for any particular area, by notification in the Official Gazette, appoint one or more Inspectors of Enemy Property for securing compliance with the provisions of this
Act and may, by general or special order, provide for the distribution and allocation of the work to be performed by them for securing such compliance:

Provided that every Inspector of Enemy Firms appointed under the
Defence of India Rules, 1962 2[or the Defence of India Rules, 1971, as the case may be], shall be deemed to be an Inspector of Enemy Property appointed under this section.

5. Property vested in the Custodian of Enemy property for India under the Defence of India Rules, 1962, and the Defence of India
Rules, 1971 to continue to vest in Custodian. 3[(1)] Notwithstanding the expiration of the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of this Act, shall, as from such commencement, vest in the Custodian.

2 [ (2) Notwithstanding the expiration of the Defence of India
Act, 1971 (12 of 1971) and the Defence of India Rules, 1971, all enemy property vested before such expiration in the Custodian of Enemy
Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of the Enemy Property
(Amend-

---------------------------------------------------------------------

1 Ins. by Act 40 of 1977, s. 4 (w.e.f. 27-9-1977).

2 Ins. by s. 5, ibid. (w.e.f. 27-9-1977).

3 S. 5 renumbered as sub-section (1) thereof by s. 6, ibid.
(w.e.f. 27-9-1977).
---------------------------------------------------------------------

27.ment) Act, 1977 (40 of 1977) shall, as from such commencement, vest in the custodian.]

6.Transfer of property vested in Custodian by enemy on enemy subject orenemy firm.

6. Transfer of property vested in Custodian by enemy on enemy subject or enemy firm. Where any property vested in the Custodian under this Act has been transferred, whether before or after the commencement of this Act, by an enemy or an enemy subject or an enemy firm and where it appears to the Central Government that such transfer is injurious to the public interest or was made with a view to evading or defeating the vesting of the property in the Custodian, then, the
Central Government may, after giving a reasonable opportunity to the transferee to be heard in the matter, by order, declare such transfer to be void and on the making of such order, the property shall continue to vest or be deemed to vest in the Custodian.

7. Payment to Custodian of money otherwise payable to an enemy, enemy subject or enemy firm. (1) Any sum payable by way of dividend, interest, share profits or otherwise to or for the benefit of an enemy or an enemy subject or an enemy firm shall, unless otherwise ordered by the Central Government, be paid by the person by whom such sum would have been payable but for the prohibition under the Defence of India Rules, 1962 1[or the Defence of India Rules,
1971, as the case may be], to the Custodian or such person as may be authorised by him in this behalf and shall be held by the Custodian or such person subject to the provisions of this Act.

(2) In cases in which money would, but for the prohibition under the Defence of India Rules, 1961 1[or the Defence of India Rules,
1971, as the case may be], be payable in a foreign currency to or for the benefit of an enemy or an enemy subject or an enemy firm (other than cases in which money is payable under a contract in which provision is made for specified rate of exchange), the payment shall be made to the Custodian in rupee currency at the middle official rate of exchange fixed by the Reserve Bank of India on the date on which the payment became due to that enemy, enemy subject or enemy firm.

(3) The Custodian shall, subject to the provisions of section 8, deal with any money paid to him under the Defence of India Rules, 1962.1[or the Defence of India Rules, 1971, as the case may be] or under this Act and any property vested in him under this Act in such manner as the Central Government may direct.

8. Power of Custodian In respect of enemy property vested in him. (1) With respect to the property vested in the Custodian under this Act, the Custodian may take or authorise the taking of such measures as the considers necessary or expedient for preserving

———————————————————————
1 Ins. by Act 40 of 1977, s. 7 (w.e.f. 27-9-1977).
———————————————————————

28.such property and where such property belongs to an individual enemy subject, may incur such expenditure out of the property as he considers necessary or expedient for the maintenance of that indi-
vidual or of his family in India.

(2) Without prejudice to the generality of the foregoing provision, the Custodian or such person as may be specifically authorised by him in this behalf, may, for the said purpose,-

(i) carry on the business of the enemy;

(ii) take action for recovering any money due to the enemy;

(iii) make any contract and execute any document in the name and on behalf of the enemy ;

(iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities;

(v) raise on the security of the property such loans as may be necessary;

(vi) incur out of the property any expenditure including the payment of any taxes, duties, cesses and rates to Government or to any local authority and of any wages, salaries, pensions, provident fund contributions to, or in respect of, any employee of the enemy and the repayment of any debts due by the enemy to persons other than enemies ;

(vii) transfer by way of sale, mortgage or lease or otherwise dispose of any of the properties ;

(viii) invest any moneys held by him on behalf of enemies for the purchase of Treasury Bills or such other Government securities as may be approved by the Central Government for the purpose;

(ix) make payments to the enemy and his dependents;

(x) make payments on behalf of the enemy to persons other than those who are enemies, of dues outstanding on the 25th
October, 1962 1[or on the 3rd December, 1971]; and

(xi) make such other payments out of the funds of the enemy as may be directed by the Central Government.

Explanation.-In this sub-section and in sections 10 and 17,
“enemy” includes an enemy subject and an enemy firm.

9. Exemption from attachment, etc. All enemy property vested in the Custodian under this Act shall be exempt from attachment, seizure or sale in execution of decree of a civil court or orders of any other authority.

———————————————————————

1 Ins. by Act 40 of 1977, S. 8 (w.e.f. 27-9-1977)

———————————————————————

29.10.Transfer of securities belonging to an enemy.

10. Transfer of securities belonging to an enemy. (1) Where, in exercise of the powers conferred by section 8, the Custodian proposes to sell any security issued by a company and belonging to an enemy, the company may, with the consent of the Custodian, purchase the securities, notwithstanding anything to the contrary in any law or in any regulations of the company and any securities so purchased may be re-issued by the company as and when it thinks fit so to do.

(2)Where the Custodian executes and transfers any securities issued by a company, the company shall, on receipt of the transfer and an order in this behalf from the Custodian, register the securities in the name of the transferee, notwithstanding that the regulations of the company do not permit such registration in the absence of the certificate, script or other evidence of title relating to the securities transferred:

Provided that any such registration shall be without prejudice to any lien or charge in favour of the company and to any other lien or charge of which the Custodian gives express notice to the company.

Explanation.-In this section, “securities” includes shares, stocks, bonds, debentures and debenture stock but does not include bills of exchange.

11. Power of Custodian to summon persons and call for documents.
(1) The Custodian may, by notice in writing, require any person whom he believes to be capable of giving information concerning any enemy property to attend before him at such time and place as may be specified in the notice and examine any such person concerning the same, reduce his statement to writing and require him to sign it.

(2) The Custodian may, by notice in writing, require any person whom he believes to have in his possession or control any account book, letter book, invoice, receipt or other document of whatever nature relating to any enemy property, to produce the same or cause the same to be produced before the Custodian at such time and place as may be specified in the notice and to submit the same to his examination and to allow copies of any entry therein or any part thereof to be taken by him.

12.Protection for complying with orders of Custodian.

12. Protection for complying with orders of Custodian. Where any order with respect to any money or property is addressed to any person by the Custodian and accompanied by a certificate of the
Custodian that the money or property is money property vested in him under this Act, the certificate shall be evidence of the facts stated therein and if that person complies with

30

the orders of the Custodian, he shall not be liable to any suit or other legal proceeding by reason only of such compliance.

13.Validity of action taken in pursuance of orders of Custodian.

13. Validity of action taken in pursuance of orders of
Custodian. Where under this Act,-

(a) any money is paid to the Custodian; or

(b) any property is vested in the Custodian or an order is given to any person by the Custodian in relation to any property which appears to the Custodian to be enemy property vested in him under this Act,

neither the payment, vesting nor order of the Custodian nor any pro-
ceedings in consequence thereof shall be invalidated or affected by reason only that at a material time,-

(i) some person who was or might have been interested in the money or property, and who was an enemy or an enemy firm, had died or had ceased to be an enemy or an enemy firm ;
or

(ii) some person who was so interested and who was believed by the Custodian to be an enemy or an enemy firm, was not an enemy or an enemy firm.

14.Proceedings against companies whose assets vest in Custodian.

14. Proceedings against companies whose assets vest in
Custodian. Where the enemy property vested in the Custodian under this
Act consists of assets of a company, no proceeding, civil or criminal, shall be instituted under the Companies Act, 1956 (1 of 1956), against the company, or any director, manager or other officer thereof except with the consent in writing of the Custodian.

15.Return as to enemy property.

15. Return as to enemy property. (1) The Custodian may call for from persons who, in his opinion, have any interest in, or control over, any enemy property vested in him under this Act, such returns as may be prescribed.

(2) Every person from whom a return is called for under sub-
section (1) shall be bound to submit such return within the prescribed period.

16.Registers of returns.

16. Registers of returns. (1) All returns relating to enemy property submitted to the Custodian under this Act shall be recorded in such registers as may be prescribed.

(2) All such registers shall be open to inspection subject to the payment of such fees as may be prescribed and to such reasonable restrictions as the Custodian may impose, to any person who, in the opinion of the Custodian, is interested in any particular enemy property as a creditor or otherwise and any such person may also obtain

31.a copy of the relevant portion from the registers on payment of the prescribed fees.

17.Levy of fees.

17. Levy of fees. (1) There shall be levied by the Custodian fees equal to two percentum of-

(a) the amount of moneys paid to him ;

(b) the proceeds of the sale or transfer of any property which has been vested in him under this Act; and

(c) the value of the residual property, if any, at the time of its transfer to the original owner or other person specified by the Central Government under section 18:

Provided that in the case of an enemy whose property is allowed by the Custodian to be managed by some person specially authorised in that behalf, there shall be levied a fee of two percentum of the gross income of the enemy or such less fee as may be specifically fixed by the Central Government after taking into consideration the cost of direct management incurred by that Government, the cost of superior supervision and any risks that may be incurred by that Government in respect of the management:

Provided further that the Central Government may, for reasons to be recorded in writing, reduce or remit the fees leviable under this sub-section in any special case or class of cases.

Explanation.-In this sub-section “gross income of the enemy”
means income derived out of the properties of the enemy vested in the
Custodian under this Act.

(2) The value of any property for the purpose of assessing the fees shall be the price which, in the opinion of the Central
Government or of an authority empowered in this behalf by the Central
Government, such property would fetch if sold in the open market.

(3) The fees in respect of property may be levied out of any proceeds of the sale or transfer thereof or out of any income accrued therefrom or out of any other property belonging to the same enemy and vested in the Custodian under this Act.

(4) The fees levied under this section shall be credited to the
Central Government.

18.Divesting of enemy property vested in the Custodian.

18. Divesting of enemy property vested in the Custodian. The
Central Government may, by general or special order, direct that any enemy property vested in the Custodian under this Act and remaining with him shall he divested from him and be returned, in such manner as may be prescribed to the owner thereof or to such other person as may be specified in the direction and

32.thereupon such property shall cease to vest in the Custodian and shall revest in such owner or other person.

19.Protection of action taken under the act.

19. Protection of action taken under the act. No suit, prosecution or other legal proceeding shall lie against the Central
Government or the Custodian or an Inspector of Enemy Property for anything which is in good faith done or intended to be done under this Act.

20.Penalty.

20. Penalty. (1) If any person makes any payment in contravention of the provisions of sub-section (1) of section 7, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both and the payment or dealing shall be void.

(2) If any person contravenes the provisions of sub-section (2)
of section 10, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

(3) If any person fails to comply with a requisition made by the
Custodian under sub-section (1) or sub-section (2) of section 11, he shall be punishable with fine which may extend to five hundred rupees.

(4) If any person fails to submit the return under sub-section
(2) of section 15, or furnishes such return containing any particular which is false and which he knows to be false or does not believe to be true, he shall be punishable with fine which may extend to five hundred rupees.

21.Offences by companies.

21. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due deligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed

33.
to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section,-

(a) “company” means any body corporate and includes a firm or other association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

22.Effect of laws inconsistent with the Act.

22.Effect of laws inconsistent with the Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

23.Power to make rules.

23. Power to make rules. (1) The Central Government may make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the returns that may be called for by the Custodian under sub-section (1) of section 15 and the period within which such returns shall be submitted under sub-section (2) of that section;

(b) the registers in which the returns relating to enemy property shall be recorded under section 16;

(c) the fees for the inspection of registers and for obtaining copies of the relevant portions from the registers under sub-section (2) of section 16;

(d) the manner in which enemy property vested in the
Custodian may be returned under section 18;

(e) any other matter which has to be or may be prescribed.

(3) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 1[or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both
Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

———————————————————————

1 subs. by Act 40 of 1977, s. 9, for certain words (w.e.f. 27-9-
1977).
———————————————————————

34.24.Certain orders made under the Defence of India Rules 1962 and Defenceof India
Rules, 1971 to continue in force.

24. Certain orders made under the Defence of India Rules 1962.and Defence of India Rules, 1971 to continue in force. 1[(1)] Every order which was made under the Defence of India Rules, 1962, by the
Central Government or by the Custodian of Enemy Property for India appointed under those Rules, relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the provisions of this Act, be deemed to continue in force and to have been made under this Act.

2[(2) Every order which was made under the Defence of India
Rules, 1971 by the Central Government or by the Custodian of Enemy
Property for India appointed under those Rules relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the provisions of this Act, be deemed to continue in force and to have been made under this Act.]

25.Repeal and saving.

25. Repeal and saving. (1) The Enemy Property Ordinance, 1968.(7 of 1968), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

———————————————————————

1 S. 24 renumbered as sub-section (1) thereof by Act 40 of 1977, S. 10 (w.e.f. 27-9-1977).

2 Ins. by s. 10, ibid. (w.e.f. 27-9-1977).
———————————————————————

Be it enacted by Parliament in the Thirteenth Year of the
Republic of India as follows:–

1.Short title. This Act may be called the Estate Duty
(Distribution) Act, 1962.

2.Definitions. In this Act,–

(a) “estate duty” means the estate duty levied under the
Estate Duty Act, 1953 (34 of 1953.) in respect of property other than agricultural land;

(b) “State” does not include a Union territory.

2* 3.Distribution of net proceeds of estate duty assigned to the
States. (1) During 3[each of the financial years commencing on and after the 1st day of April, 1984] the net proceeds of estate duty levied and collected during that financial year shall, after deducting therefrom the net proceeds attributable to Union territories *3[be distributed] among the States in proportion to the gross value of all property situated in the respective States and brought into assessment in that financial year.

(2) For the purposes of this section,-

(a) “gross value”, in relation to property, means the total value of all property passing on the death of any person as determined by the Controller under the Estate Duty Act, 1953.(34 of 1953)

(b) “net proceeds” includes the estate duty the payment whereof has been accepted in accordance with the provisions of, section 52 of the Estate Duty Act, 1953 (34 of 1953)

(c) “net proceeds attributable to Union territories” means the portion of net proceeds which bears to the total net proceeds in any financial year the same proportion which the gross value of all property, situated, in all the Union territories and brought into assessment in that financial year bears to the total gross value of all property brought into assessment in that year;

(d) “property” does not include agricultural land;

(e) any property situated outside India shall be deemed to be situated in the State or, as the case may be, the Union territory wherein the value of such property has been brought into assessment.

———————————————————————–

1 Subs. by Act 15 of 1969, s.2 for “dated the 12th day of
August, 1965″ (w.e.f. 1-4-1969).

2 Subs. by Act 51 of 1965, s.3 for “sub-section (1) (w.e.f. 1-
4-1966)

3 Subs. by Act 15 of 1969, s.3 for “1st day of April, 1966″
(w.e.f. 1-4-1969).

4 Subs. by S. 3, ibid. for ” two per cent.” (w.e.f. 1-4-1969).

5 Ins. by G.S.R. 397-A, dated 21-3-1971, Gazette of India, Extraordinary, Pt. II, Sec. 3(i), p. 299.6 Subs. by Act 21 of 1974, s. 2 (w.e.f. 1.4.1974).

7 Subs. & Omitted by S. 3, ibid. (w.e.f. 1-4-1974).

8 Subs. by Act 26 of 1979, s.3 (w.e.f. 1-4-1979).

9 Subs. by S.3, ibid. (w.e.f. 1-4-1979).

10 Subs. by Act 32 of 1984, s.2 (w.e.f. 1-4-1984).

11 Subs. by s.3, ibid. (w.e.f. 1-4-1984).

12 Subs. by Act 28 of 1985, s.2 for certain words (w.e.f. 1-4-
1985).

3 Subs. by Act 28 of 1985, s. 3, ibid. (w.e.f. 1-4-1985).

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1164.
4.Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules providing for the manner in which the gross value of property is to be calculated, for the time at which, and the manner in which, any payments under this
Act are to be made, for the making of adjustments between one financial year and another and for any other incidental or ancillary matters.

(2) Every rule made under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session 1[ or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

2 * * *

———————————————————————-

1 Subs. by Act 21 of 1974, s.4 (w.e.f. 1.4.1974).

2 Rep. by Act 56 of 1974, s.2 of Sch. I.

———————————————————————–

WHEREAS it is expedient to provide for the exemption from the operation of municipal building laws of certain buildings and lands which are the property, or in the occupation, of the Government and situate within the limits of a municipality;

It is hereby enacted as follows:-

1. Short title and extent. (1) This Act may be called the
Government Buildings Act, 1899.(2) It extends to the whole of India except 1*[the territories which, immediately before the 1st November, 1956, were comprised in
Part B States] 2***.

3* * * * *

2. “Municipal authority” defined. In this Act the expression
“municipal authority” includes a municipal corporation or a body of municipal commissioners constituted by, or under the provisions of, any law or enactment for the time being in force.

3. Exemption of certain Government buildings from municipal laws to regulate the erection, etc., of buildings within municipalities.
Nothing contained in any law or enactment for the time being in force to regulate the erection, re-erection, construction, alteration or maintenance of buildings within the limits of any municipality shall apply to any building used or required for the public service or for any public purpose, which is the property, or in the occupation, of the Government, or which is to be erected on land which is the property, or in the occupation, of the Government:

Provided that, where the erection, re-erection, construction or material structural alteration of any such building as aforesaid (not being a building connected with 4*** defence, or a building the

———————————————————————-
Extended to the Union territory of Pondicherry by Act 26 of 1968, s. 3.and Schedule.

1. Subs. by the Adaptation Extended to the Union territory of
Pondicherry by Act 26 of 1968, s. 3 and Schedule. of Laws (No.
2) Order, 1956, for “Part B States”.

2. The word “and” omitted by Act 10 of 1914, s. 3 and Sch. II.
3. Sub-section (3) rep. by s. 3 and Sch. II, ibid.
4. The word “Imperial” rep. by the A. O. 1948.12.plan or construction of which ought, in the opinion of 1*[the
Government concerned], to be treated as confidential or secret) is contemplated, reasonable notice of the proposed work shall be given to the municipal authority before it is commenced.

4. Objections or suggestions as to erection, etc., of certain
Government buildings within municipalities, how to be made and dealt with. (1) In the case of any such building as is mentioned in the last preceding section (not being a building connected with 2*** defence or a building the plan or construction of which ought, in the opinion of
1*[the Government concerned], to be treated as confidential or secret), the municipal authority, or any person authorized by it in this behalf, may, with the permission of the State Government previously obtained, but not otherwise, and subject to any restrictions or conditions which may, by general or special order, be imposed by the State Government, inspect the land and building and all plans connected with its erection, re-erection, construction or material structural alteration, as the case may be, and may submit to the State Government a statement in writing of any objections or suggestions which such municipal authority may deem fit to make with reference to such erection, re-erection, construction or material structural alteration.

(2) Every objection or suggestion submitted as aforesaid shall be considered by the State Government, which shall, after such investigation (if any) as it shall think advisable, pass orders thereon, and the building referred to therein shall be erected, re-
erected, constructed or altered, as the case may be, in accordance with such orders:

Provided that, if the State Government overrules or disregards any such objection or suggestion as aforesaid, it shall give its reasons for so doing in writing.

3* * * * *

———————————————————————-
1. Subs. by the A. O. 1937, for “the Govt.”
2. The word “Imperial” rep. by the A. O. 1948.3. Sub-section (3) rep. by the A. O. 1937.

1. Title and extent. (1) This Act may be called the Government
Management Private Estates Act, 1892.1*[(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in
Part B States]2***;

2* * * * *

2. Definitions. In this Act, unless there is something repugnant in the subject or context,–

(1) “immoveable property” includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth but not standing timber, growing crops or grass;

(2) “gross income” includes all receipts of every kind in produce or cash, except money borrowed, recoveries of principal and the proceeds of sale of immoveable property or of moveable property properly classed as capital; and
———————————————————————
1 This sub-section has been successively amended by Act 13 of 1898.and adapted by the A. O. 1948, A. O. 1950 and the Adaptation of Laws
(No. 2) Order, 1956 to read as above.
2 The word “and” and sub-section (3), rep. by Act 10 of 1914, s. 3.and Sch. II.

140

(3) “private estates under Government management” include–

(a) estates under the Court of Wards;

(b) encumbered estates under Government management;

(c) estates attached for default of payment of Government revenue;

(d) minors estates placed under the guardianship of a revenue-officer of the
Government by a Civil Court;

(e) estates managed by a Collector in pursuance of any order made under the 1* Code of
Civil Procedure; and (14 of 1882.)

(f) all other estates made over to or taken under the management of a revenue-officer of the
Government as such under any law for the time being in force or in virtue of any agreement.

2* 3. Power to levy rate. It shall be lawful for the State
Government–

(1) to levy on all private estates under Government management a rate, not exceeding five per cent. on the gross income, calculated, as nearly as may be possible, to cover–

(a) the cost of all Government establishments in so far as they may be employed in the supervision or management of such estates other than establishments specially entertained for the supervision or management of any particular estate or group of estates, and

(b) all contingent expenditure incurred in consequence of such supervision or management;

(2) from time to time to vary such rate; and

(3) to reduce or remit such rate in any special case or cases as may be equitable;

Provided that, in deciding the amount of the rate to be levied under this Act on any particular estate or group of estates, the State
Government shall consider the expenditure incurred on special establishments for such estate or estates.

4. Power to levy special charges. In cases where an officer of the Government is employed to give legal advice or to audit accounts on behalf of any estate, the
———————————————————————
1 See now the Code of Civil Procedure, 1908 (5 of 1908).
2 For instance of notification issued under this section, see C. P.
R. and O.

141.State Government, if it considers the services rendered to be of a special nature, may, in its discretion, direct a special charge to be made against that estate on account of such services, irrespective of the rate leviable under the last foregoing section.
5. Saving as to special expenditure. Nothing in this act shall apply to the cost of establishments specially entertained or to expenditure of any description specially incurred in respect of any particular estate or estates.

6. Validation of levy of past rates. All rates for general supervision or management levied by any State Government before the commencement of this Act shall be deemed to have been levied under this Act.

7. Power to make rules. The State Government may make any rules and issue any orders which may be necessary for carrying this Act into effect, and which are consistent therewith.

8. Exemption from jurisdiction of Courts. Where any Government establishment is employed in such supervision as aforesaid, the State
Government shall be the sole judge of the cost attributable to such employment, and its decision thereon shall not be questioned in any
Court of Law or otherwise.

9. [Repeal.] Rep. by the Repealing and Amending Act, 1914 (10 of
1914), s. 3 and Sch. II.

[28th September, 1916.]

WHEREAS it is expedient to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition;

It is hereby enacted as follows:-

INDIA CODE, VOL-VIA.

1. Short title and extent.-(1) This Act may be called the Hindu
Disposition of Property Act, 1916.1*[(2) It extends to the whole of India except the State of
Jammu and Kashmir.]*2.2.Dispositions for the benefit of persons not in existence.

2.Dispositions for the benefit of persons not in existence.-
Subject to the limitations and provisions specified in this Act, no disposition of property by a Hindu, whether by transfer inter vivos or by will, shall be invalid by reason only that any person for whose benefit it may have been made was not in existence at the date of such disposition.

3. Limitations and conditions.-The limitations and provisions referred to in section 2 shall be the following, namely:-

(a) in respect of dispositions by transfer inter vivos, those contained in 3*[Chapter II] of the Transfer of Property
Act, 1882 (4 of 1982), and

(b) in respect of dispositions by will, those contained in
4*[sections 113, 114, 115 and 116 of the Indian Succession
Act, 1925 (33 of 1925)].

———————————————————————
1 Subs. by Act 48 of 1959, s. 3 and Sch. I, for sub-section (2)
(w.e.f. 1-2- 1960).

[The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I]

2 In its application to Pondicherry, in section 1, after sub-section
(2), the following shall be inserted-

“Provided that nothing contained in this Act shall apply to the
Renoncants of the Union territory of Pondicherry.”–(Vide Act 26 of
1968).

3 Subs. by Act 21 of 1929, s. 12, for “sections 13, 14 and 20″.

4 Subs. by s. 12, ibid., for “sections 100 and 101 of the Indian
Succession Act, 1865″.

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4.[Failure of prior disposition.]

4.[Failure of prior disposition.] Rep. by the Transfer of
Property (Amendment) Supplementary Act, 1929 (21 of 1929), s. 12.5.Application of this Act to the Khoja community.

5.Application of this Act to the Khoja community.-Where the 1[State
Government] is of opinion that the Khoja community in 2*[the State] or any part thereof desire that the provisions of this Act should be extended to such community 3*[it] may by notification in the Official
Gazette, declare that the provisions of this Act, with the substitution of the word “Khojas” or “Khoja,” as the case may be, for the word “Hindus” or “Hindu” wherever those words occur, shall apply to that community in such area as may be specified in the notification, and this Act shall thereupon have effect accordingly.

———————————————————————
1 Subs. by the A. O. 1937, for “G.G. in C.”.

2 Subs., ibid., for “British India”.
3 Subs., ibid., for “he”.

WHEREAS it is expedient to amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove certain doubts; It is hereby enacted as follows:-

INDIA CODE, VOL-VIA.

1.Short title, extent and application.-(1) This Act may be called the Hindu Inheritance (Removal of Disabilities) Act, 1928.1*[(2) It extends to the whole of India 2*[except the State of
Jammu and Kashmir].]

(3) It shall not apply to any person governed by the Dayabhaga
School of Hindu Law*3.2.Persons not to be excluded from inheritance or rights in joint family property.

2. Persons not to be excluded from inheritance or rights in joint family property.-Notwithstanding any rule of Hindu Law or custom to the contrary, no person governed by the Hindu Law, other than a person who is and has been from birth a lunatic or idiot, shall be excluded 4* * * from any right or share in joint family property by reason only of any disease, deformity, or physical or mental defect.

3.Saving and exception.-Nothing contained in this Act shall affect any right which has accrued or any liability which has been incurred before the commencement thereof, or shall be deemed to confer upon any person any right in respect of any religious office or service or of the management of any religious or charitable trust which he would not have had if this Act had not been passed.

———————————————————————

1 Subs. by the A. O. 1950, for the former sub-section,

2 Subs. by Act 48 of 1959, s. 3 and Sch. I, for certain words
(w.e.f. 1-2-1960). [The Act has been extended to Dadra and Nagar
Haveli by Reg. 6 of 1963, s. 2 and Sch. I.]

3 In its application to Pondicherry, in section 1, sub-section
(3), the following shall be added at the end-

“or to the Renoncants of the Union territory of Pondicherry.”-(Vide
Act 26 of 1968).

4 The words “from inheritance or” omitted by Act 48 of 1959, s.3.and Sch. I (w.e.f. 1-2-1960).

Preamble.-WHEREAS it is expedient to define and amend the law relating to easements and licenses; It is hereby enacted as follows:-

PRELIMINARY

1. Short title.-This Act may be called the Indian Easements Act,
1882.Local Extent.

Local Extent.-It extends1* to the territories respectively administered by the Governor of Madras in Council and the Chief
Commissioners of the Central Provinces and Coorg;

Commencement.-and it shall come into force on the first day of
July, 1882.

2. Savings.-Nothing herein contained shall be deemed to affect any law not hereby expressly repealed; or to derogate from–

(a) any right of the Government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation;

(b) any customary or other right (not being a license) in or over immovable property which the Government, the public or any person may possess irrespective of other immovable property; or

(c) any right acquired, or arising out of a relation created, before this Act comes into force.

3.Construction of certain references to Act 15 of 1877 and Act 9 of
1871.2*[3. Construction of certain references to Act 15 of 1877 and
Act 9 of 1871.-All references in any Act or Regulation to sections 26.and 27 of the Indian Limitation Act, 18773*, (15 of 1877) or to sections 27 and 28 of Act No. 9 of 18714* shall, in the territories to which this Act extends, be read as made to sections 15 and 16 of this Act.]
——————————————————————–
1. The Act was extended to Bombay and the U. P. by Act 8 of 1891 and continues in force, with modifications, in the territory transferred to Delhi State, see the Delhi Laws Act, 1915.(7 of 1915), s. 3 and Sch III. Repealed in its application to
Bellary District by Mysore Act 14 of 1955. Extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified). Extended to Punjab by Pun. Act 29 of 1961. Extended to Kerala by Kerala Act 5 of 1962. Extended to the Union territory of Pondicherry by Act 26 of 1968, S. 3 and Schedule.

2. Subs. by Act 10 of 1914, s. 2 and Sch. I, for the original section.
3. Rep. by the Indian Limitation Act, 1908 (9 of 1908).
4. Rep. by Act 15 of 1877.6.

CHAPTER I

OF EASEMENTS GENERALLY

4.”Easement” defined.

4. “Easement” defined.-An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

Dominant and servient heritages and owners. The land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner.

Explanation.–In the first and second clauses of this section, the expression “land” includes also things permanently attached to the earth: the expression “beneficial enjoyment” includes also possible convenience, remote advantage, and even a mere amenity; and the expression “to do something” includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting thereon.

Illustrations

(a) A, as the owner of a certain house, has a right of way thither over his neighbour Bs land for purposes connected with the beneficial enjoyment of the house. This is an easement.

(b) A, as the owner of a certain house, has the right to go on his neighbour Bs land, and to take water for the purposes of his household out of a spring therein. This is an easement.

(c) A, as the owner of a certain house, has the right to conduct water from Bs stream to supply the fountains in the garden attached to the house. This is an easement.

(d) A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on Bs field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of Cs tank, or timber out of Ds wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees on Es land. These are easements.

(e) A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-passing. This right is not an easement.

(f) A is bound to cleanse a watercourse running through his land and keep it free from obstruction for the benefit of B, a lower riparian owner. This is not an easement.

5.Continuous and discontinuous, apparent and non-apparent, easements.

5. Continuous and discontinuous, apparent and non-apparent, easements.-Easements are either continuous or discontinuous, apparent or non-apparent.

7.A continuous easement is one whose enjoyment is, or may be, continual without the act of man.

A discontinuous easement is one that needs the act of man for its enjoyment.

An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him.

A non-apparent easement is one that has no such sign.

Illustrations

(a) A right annexed to Bs house to receive light by the windows without obstruction by his neighbour A. This is a continuous easement.

(b) A right of way annexed to As house over Bs land. This is a discontinuous easement.

(c) Rights annexed to As land to lead water thither across Bs land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements.

(d) A right annexed to As house to prevent B from building on his own land. This is a non-apparent easement.

6.Easement for limited time or on condition.

6. Easement for limited time or on condition.-An easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or non-performance of a specified act.

7. Easements restrictive of certain rights.-Easements are restrictions of one or other of the following rights (namely):-

(a) Exclusive right to enjoy.-The exclusive right of every owner of immovable property (subject to any law for the time being in force) to enjoy and dispose of the same and all products thereof and accessions thereto.

(b) Rights to advantages arising from situation.-The right of every owner of immovable property (subject to any law for the time being in force) to enjoy without disturbance by another the natural advantages arising from its situation.

Illustrations of the rights above referred to

(a) The exclusive right of every owner of land in a town to build on such land, subject to any municipal law for the time being in force.

8.(b) The right of every owner of land that the air passing thereto shall not be unreasonably polluted by other persons.

(c) The right of every owner of a house that his physical comfort shall not be interfered with materially and unreasonably by noise or vibration caused by any other person.

(d) The right of every owner of land to so much light and air as pass vertically thereto.

(e) The right of every owner of land that such land, in its natural condition, shall have the support naturally rendered by the subjacent and adjacent soil of another person.

Explanation.–Land is in its natural condition when it is not excavated and not subjected to artificial pressure; and the “subjacent and adjacent soil” mentioned in this illustration means such soil only as in its natural condition would support the dominant heritage in its natural condition.

(f) The right of every owner of land that, within his own limits, the water which naturally passes or percolates by, over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons.

(g) The right of every owner of land to collect and dispose within his own limits of all water under the land which does not pass in a defined channel and all water on its surface which does not pass in a defined channel.

(h) The right of every owner of land that the water of every natural stream which passes by, through or over his land in a defined natural channel shall be allowed by other persons to flow within such owners limits without interruption and without material alteration in quantity, direction, force or temperature; the right of every owner of land abutting on a natural lake or pond into or out of which a natural stream flows, that the water of such lake or pond shall be allowed by other persons to remain within such owners limits without material alteration in quantity or temperature.

(i) The right of every owner of upper land that water naturally rising in, or falling on, such land, and not passing in defined channels, shall be allowed by the owner of adjacent lower land to run naturally thereto.

(j) The right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep; and the right of every such owner to use and consume the water for irrigating such land and for the purposes of any manufactory situate thereon: Provided that he does not thereby cause material injury to other like owners.

Explanation.–A natural stream is a stream, whether permanent or intermittent, tidal or tideless, on the surface of land or underground, which flows by the operation of nature only and in a natural and known course.

CHAPTER II

THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS