[Act
No. 05 of 1944] [21st
April, 1944] An Act
To Extend The Operation Of The Hindu Women's Rights To Property Act, 1937, And
The Hindu Women's Rights To Property (Amendment) Act, 1938, To Agricultural
Land In The Province Of OdishaAn Act To Extend The Operation Of The Hindu
Women's Rights To Property Act, 1937, And The Hindu Women's Rights To Property
(Amendment) Act, 1938, To Agricultural Land In The Province Of Odisha. WHEREAS
the Hindu Women's Rights to Property Act, 1937 (XVIII of 1937), as amended by
the Hindu Women's. Rights to Property (Amendment) Act, 1938 (XI of 1938),
purported to give better rights to women in respect of property in general; AND
WHEREAS it has been established that the said Act does not operate to give
women better rights in respect of agricultural land; AND
WHEREAS many transactions have already taken place in the Province of Orissa on
the basis that women had acquired better rights under the said Act in respect
of agricultural land as well an other kinds of property; AND
WHEREAS it is therefore expedient to extend the operation of the said Act, to
agricultural land in the said Province with retrospective effect, but with
certain savings, for the purpose of giving women better rights under the said
Act in respect of agricultural land in the said Province as well as for validating
the transactions referred to-above and for other purposes; It is
hereby enacted as follows:-- (1)
This Act may be called the Hindu Women's
Rights to Property (Extension to Agricultural Land in Orissa) Act, 1944. (2)
It extends to the whole of the Province of
Orissa. The
expression "property" in the Hindu Women's Rights to Property Act,
1937 (XVIII of 1937) as amended by the Hindu Women's Rights to Property
(Amendment) Act, 1938 (XI of 1938) in its application to the Province of Orissa
shall include and shall be deemed always to have included agricultural land,
and the provisions of the said Act shall apply and shall be deemed always to
have applied to agricultural land in the said Province accordingly. Notwithstanding
anything contained in section 2, where any person who, but for this Act, would have
been entitled to any property, has been in possession thereof or has made a
transfer thereof, his possession up to the date of the commencement
of this Act shall be deemed to be as lawful, and the transfer so
made by him shall be deemed to be as valid, as if this Act had not
been passed. Nothing
in this Act shall be deemed to affect any special law for the time being in
force in any part of the Province of Orissa relating to succession to the
rights of tenants in agricultural land.THE HINDU WOMEN'S RIGHTS TO PROPERTY (EXTENSION TO
AGRICULTURAL LAND IN ODISHA) ACT, 1944
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