Report No. 110

VII. Effect of Certificate

48.39. Section 380-Local Extent of Certificate-recommendation.- Section 380 reads:-

"380. A certificate under this Part shall have effect throughout India.

This section shall apply in India after the separation of Burma and Aden from India to the certificates granted in Burma and Aden before the date of the separation, or after that date in proceedings which were pending at that date.

It shall also apply in India after the separation of Pakistan from India to certificates granted before the date of the separation, after that date in proceedings pending at that date in any of the territories which on that date constituted Pakistan."

The second and third paras of section 380 have spent their purpose and should now be deleted. We recommend accordingly. The section should, therefore, be revised, so as to read as under:-

"380. A certificate under this Part shall have effect throughout India.

48.40. Section 381.-

Section 381 provides that subject to the provisions of this Part the certificate of the District Judge shall, with respect to the debts and securities specified therein, be conclusive as against the persons owing such debts or liable on such securities, and shall, notwithstanding any contravention of section 370, or other defect, afford full indemnity to all such persons as regards all payments made, or dealings had, in good faith in respect of such debts or securities to or with the person to whom the certificate was granted.

The section needs no change, having raised no problems.

48.41. Effect of certificate granted or extended by Indian representative in foreign State.-

Section 382 reads:-

"382. Where a certificate in the form, as nearly as circumstances admit, of Schedule VIII-

(a) has been granted to a resident within a foreign State by an Indian representative accredited to that State, or

(b) has been granted before the commencement of the Part B States (Laws) Act, 1951, to a resident within any Part B State by a District Judge of that State or has been extended by him in such form, or

(c) has been granted after the commencement of the Part B States (Laws) Act, 1951, to a resident within the State of Jammu and Kashmir by the District Judge of that State or has been extended by him in such form, the certificate shall when stamped in accordance with the provisions of the Court-fees Act, 1870, with respect to certificates under this Part, have the same effect in India as a certificate granted or extended tinder this Part.

The section needs no change.