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pratik (self working)     25 July 2010

Over-riding effect.

4. Over-riding effect of Act.- (1) Save as otherwise expressly provided in this Act,-

(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.

(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.

(2) For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provision of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.

1)Query : What do u mean by fragmentation of agricultural holdings or for the fixation of ceilings ?

I think the dict meaning of fragmentation (a samll part broken or separted off).so it says the the prevention of fragmentation (of a samll part broken or separted off) agricultural holdings pls tell me wether i am wright or wrong. also the what do u mean by fixation of ceilings & also fixation of ceilings in which matter.

2)Meaning of miscellaenous proceedings as per CPC section 141. & the difference between civil miscellaenous proceedings.(Witht the help of a Example(S)). Also What do u mean by . tha there will be no Over-riding effect on any case, or law what does it exactly says.

Pls clear my dought becasue no one is answering my doughts pls answer .

Thanks A Lot.



Learning

 1 Replies

Satya Narayana Palukuru (Advocates & Mediators.)     25 July 2010

Over-riding effect of Act   it takes away the privisions of other acts and the act which has such provision only

only survives.

When You say Hindu Law though state and centre can enact a lesislation on this

some times a state goes ahead with a new lesislation on the subject  and to that extent in that state

the state law prevails.

Depending on each issue some acts can have over riding clause where as some are supplimentary.

For definitions of agri holding or  standard holding please refer agri land ceiling act .1973


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