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Report No. 66

8.59. Section 6(2)-Various periods.-

This concludes our discussion of section 6(1) section 6, sub-section (2), may appear to be complicated in view of the various periods mentioned in that sub-section; but it should be remembered that this has a history. The question whether section 6 applied or did not apply to Hindus, Muslims, etc., came up, in 1913,1before a Full Bench of the Madras High Court; and, by its judgment, dated 1st April, 19137 it answered the question in the affirmative. It appears that in 1923, the legislature took a decision as a matter of policy to extend the section to Hindus, Muslims, etc. and while taking that decision, the legislature recognised the fact that in the Presidency of Madras (as it then existed), this had already been the position since 1913, i.e., after the Full Bench decision.

Accordingly, when section 6(2) was amended in 1923, it was provided that the provisions of sub-section (1)-that is, the substantive provision-shall apply, in the case of a policy of insurance such as is referred to therein which is effected by any Hindu, Mahommedan, etc. after the specified date. The period specified was, in relation to Madras, "after the 31st day of December, 1913" and in relation to other areas, "after the first day of April, 1923". In 1959, the Married Women's Property (Extension) Act, 1959, effective as from 1st March, 1960, was enacted to extend the Act to the whole of India except the State of Jammu and Kashmir.

Consequently, it became necessary to amend section 6(2) again, by specifying a period for the operation of section 6 in regard to the territories to which the Act previously did not extend. Accordingly, the section was amended in 1959, not by mentioning any specific date as such in this context, but by using a formula referring to the commencement of fee Extension Act of 1959. Thus, with reference to the application of the provisions of section 6 in various areas, three periods are now material, as follows:

(i) Period after the 31st day of December, 1913-in relation to Madras;

(ii) period after the 1st day of April, 1923-in relation to other parts of British India;

(iii) period on or after the 1st March, 1960-in relation to the rest of India except the State of Jammu and Kashmir.

1. Mamba v. Krishnayya, ILR 37 Mad 483: AIR 1914 Mad 595 (FB).

Married Womens Property Act, 1874 Back

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