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Documents or transactions to which IT Act, 2000 shall not apply

THE NEGOTIABLE INSTRUMENTS ACT, 1881


(26 OF 1881)
An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques. Preamble.WHEREAS it is expedient to define and amend the law relating to promissory notes, bills of exchange and cheques; It is hereby enacted as follows: 4. Promissory note.A promissory note is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.
Illustrations A signs instruments in the following terms: (a) I promise to pay B or order Rs. 500. (b) I acknowledge myself to be indebted to B in Rs. 1,000, to be paid on demand, for value received.

5. Bill of exchange.A bill of exchange is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument. A promise or order to pay is not conditional, within the meaning of this section and section 4, by reason of the time for payment of the amount or any instalment thereof being expressed to be on the lapse of a certain period after the occurrence of a specified event which, according to the ordinary expectation of mankind, is certain to happen, although the time of its happening may be uncertain. The sum payable may be certain, within the meaning of this section and section 4, although it includes future interest or is payable at an indicated rate of exchange, or is according to the course of exchange, and although the instrument provides that, on default of payment of an instalment, the balance unpaid shall become due. The person to whom it is clear that the direction is given or that payment is to be made may be a certain person, within the meaning of this section and section 4, although he is mis-named or designated by description only.

6. Cheque.A cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. Explanation I.For the purposes of this section, the expressions (a) a cheque in the electronic form means a cheque which contains the exact mirror image of a paper cheque, and is generated, written and signed in a secure system ensuring the minimum safety standards with the use of digital signature (with or without biometrics signature) and asymmetric crypto system; (b) a truncated cheque means a cheque which is truncated during the course of a clearing cycle, either by the clearing house or by the bank whether paying or receiving payment, immediately on generation of an electronic image for transmission, substituting the further physical movement of the cheque in writing. Explanation II.For the purposes of this section, the expression clearing house means the clearing house managed by the Reserve Bank of India or a clearing house recognised as such by the Reserve Bank of India. 13. Negotiable instrument.(1) A negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer. Explanation (i).A promissory note, bill of exchange or cheque is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it shall not be transferable. Explanation (ii).A promissory note, bill of exchange or cheque is payable to bearer which is expressed to be so payable or on which the only or last endorsement is an endorsement in blank. Explanation (iii).Where a promissory note, bill of exchange or cheque, either originally or by endorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it is nevertheless payable to him or his order at his option. (2) A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees.

THE POWERS-OF-ATTORNEY ACT, 1882


(7 OF 1882)
[24th February, 1882] An Act to amend the law relating to Powers-of-Attorney. For the purpose of amending the law relating to Powers-of-Attorney; It is hereby enacted as follows: 1. Short title.This Act may be called THE POWERS-OF-ATTORNEY ACT, 1882. Local extent.It applies to the whole of the India except the State of Jammu and Kashmir; Commencement.and it shall come into force on the first day of May, 1882. 1-A. Definition.In this Act, power-of-attorney includes any instrument empowering a specified person to act for and in the name of the person executing it.

THE INDIAN TRUSTS ACT, 1882


(2 OF 1882)
[13th January, 1882] An Act to define and amend the law relating to Private Trusts and Trustees. Preamble.WHEREAS it is expedient to define and amend the law relating to private trusts and trustees; It is hereby enacted as follows: CHAPTER I PRELIMINARY 1. Short title, commencement.This Act may be called THE INDIAN TRUSTS ACT, 1882, and it shall come into force on the first day of March, 1882. Local extent. Savings.It extends to the whole of India except the State of Jammu and Kashmir and the Andaman and Nicobar Islands [* * *]; but the Central Government may, from time to time, by notification in the Official Gazette, extend it to the Andaman and Nicobar Islands or to any part thereof. But nothing herein contained affects the rules of Muhammadan Law as to waqf, or the mutual relations of the members of an undivided family as determined by any customary or personal law, or applies to public or private religious or charitable endowments, or to trusts to distribute prizes taken in

war among the captors; and nothing in the Second Chapter of this Act applies to trusts created before the said day. 2. Repeal of enactments.The Statute and Acts mentioned in the Schedule hereto annexed shall, to the extent mentioned in the said Schedule, be repealed, in the territories to which this Act for the time being extends. 3. Interpretation-clausetrust.A trust is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner: author of the trust: trustee: beneficiary: trust-property: beneficial interest: instrument of trust.the person who reposes or declares the confidence is called the author of the trust: the person who accepts the confidence is called the trustee: the person for whose benefit the confidence is accepted is called the beneficiary: the subject-matter of the trust is called trust-property or trust-money: the beneficial interest or interest of the beneficiary is his right against the trustee as owner of the trust-property; and the instrument, if any, by which the trust is declared is called the instrument of trust: breach of trust.a breach of any duty imposed on a trustee, as such, by any law for the time being in force, is called a breach of trust: registered: notice: expressions defined in Act 9 of 1872.and in this Act, unless there be something repugnant in the subject or context, registered means registered under the law for the registration of documents for the time being in force: a person is said to have notice of a fact either when he actually knows that fact, or when, but for wilful abstention from inquiry or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the Indian Contract Act, 1872 (9 of 1872), section 229; and all expressions used herein and defined in the Indian Contract Act, 1872 (9 of 1872), shall be deemed to have the meanings respectively attributed to them by that Act.

THE INDIAN SUCCESSION ACT, 1925


(39 OF 1925)
[30th September, 1925] An Act to consolidate the law applicable to intestate and testamentary succession [* * *]. WHEREAS it is expedient to consolidate the law applicable to intestate and testamentary succession [* * * *]; It is hereby enacted as follows: PART I PRELIMINARY

1. Short title.This Act may be called THE INDIAN SUCCESSION ACT, 1925. 2. Definitions.In this Act, unless there is anything repugnant in the subject or context, (a) administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor; (b) codicil means an instrument made in relation to a Will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the Will; (bb) District Judge means the Judge of a Principal Civil Court of original jurisdiction; (c) executor means a person to whom the execution of the last Will of a deceased person is, by the testators appointment, confided; (cc) India means the territory of India excluding the State of Jammu and Kashmir; (d) Indian Christian means a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion; (e) minor means any person subject to the Indian Majority Act, 1875 (9 of 1875), who has not attained his majority within the meaning of that Act, and any other person who has not completed the age of eighteen years; and minority means the status of any such person; (f) probate means the copy of a Will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator; (g) State includes any division of India having a Court of the last resort; and (h) Will means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.