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Published 30 December 1964

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REGISTERED NO . D. 221

The Gazette of India

EXTRAORDINARY

PART II- Section 1

PUBLISHED BY AUTHORITY

No. 50 ] NEW DELHI , WEDNESDAY , DECEMBER 30 , 1964 / PAUSA 9 1886

Separate paring is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF LAW

(Legislative Department)

New Delhi , the 30th December , 1964 / Pausa 9 , 1886 (Saka)

The following Act of Parliament received the assent of the President on the 29th December , 1964, and is hereby published. for general information: -

THE REPEALING AND AMENDING ACT, 1964

No. 52 of 1964

[29th December, 1964 ] .

An Act to repeal certain enactments and to amend certain other

enactments

BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows:-

1. This Act may be called the Repealing and Amending Act , 1964. Shon title.

2. The enactments specified in the First Schedule are hereby Repeat of repealed to the extent mentioned in the fourth column thereof.

certain en . actments.

Amendmem of certain 3. The enactments specified in the Second Schedule are hereby amended to the extent and in the manner mentioned in the fourth enactments column thereof .

4. The repeal by this Act of any enactment shall not affect any Saving . other enactment in which the repealed enactment has been applied, incorporated or referred to ;

471

765 G. of I. Ex.-1.

[PART II THE GAZETTE OF INDIA EXTRAORDINARY

472

and this Act shall not affect the validity , invalidity , effect or consequences of anything already done or suffered , or any right , title , obligation or liability already acquired , accrued or incurred or any remedy or proceeding in respect thereof , or any release of dis- charge of or from any debt , penalty , obligation , liability , claim or demand , or any indemnity already granted, or the proof of any past act or thing;

or or nor shall this Act affect any principle or rule of law, or established jurisdiction , form or course of pleading , practice or procedure , existing usage , custom , privilege , restriction , exemption , office appointment , notwithstanding that the same respectively may have been in any manner affirmed , or recognised or derived by , in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction , office , custom , liability , right , title , privilege , res- triction , exemption , usage , practice , procedure or other matter or thing not now existing or in force.

Effect of repeal of amending enactment.

5. For the removal of doubts , it is hereby declared that where this Act repeals any enactment by which the text of any other enactment , not being a Central Act , Ordinance or Regulation , was amended by the express omission , insertion or substitution of any matter , the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the commencement of this Act .

SEC . 1 ]

THE GAZETTE OF INDIA EXTRAORDINARY

473

THE FIRST SCHEDULE

(See section 2)

REPEALS

Year No.

Short title

I      2
1954   14

Extent of repeal

                                    3                             4
                           Central Acts
              The Barsi Light Railway Company ( Trans-  The whole .
                ferred Liabilities ) Act , 1954.
 1959     3 The Cinematograph ( Amendment) Act ,        The whole ,
                1959 .
1959      4   The Delhi Land Reforms (Amendment)        Sections 2 to   19 and
                Act, 1959 .                               sub - section ( r) of sec-
                                                          tion 20.
1959      8   The Workmen's, Compensation ( Amend-      The whole ,
                ment) Act , 1959 .
1959      9   The Delhi Panchayat Raj ( Amendment ) Act , The whole .
                1959 .
1959     13 The Indian Railways ( Amendment ) Act ,     The whole.
                1959 .
1959     14   The Reserve Bank of India ( Amendment )   The whole .
                Act, 1959 .
1959     15   The Chartered Accountants ( Amendment)    The whole .
               Act, 1959 .
 1959    16   The Indian Lighthouse ( Amendment ) Act , The whole .
                1959.
1959     20   The Bengal Finance ( Sales Tax ) ( Delhi  The whole .
                Amendment) Act , 1959 .
1959     21  The Displaced Persons ( Compensation and   The whole .
                Rehabilitation) Amendment Act , 1959 .
1959     32   The Census ( Amendment ) Act , 1959 .     The whole .
1959     24   The Pharmacy (Amendment ) Act.1959        Sections 2 to 17 .
1959     25  The International Monetary Fund and        The whole .
                Bank (Amendment ) Act , 1959 .
1949     26  The State Bank of India ( Amendment)       The whole.
               Act , 1959 .
1959     28  The Road Transport Corporations ( Amend-  The whole .
                ment ) Act , 1959 .
1959     30  The Waki ( Amendment ) Act , 1959 .       The whole.

[PART II

THE GAZETTE OF INDIA EXTRAORDINARY

474

Year     No.                Short title                     Extent of repeal
   1      2                     3
 1959     32  The Indian Electricity ( Amendment) Act , The whole .
                1959 .
 1959     33  The Banking Companies ( Amendment)        The whole .
                Act, 1959 .
 1959     37  The Central Excises and Salt (Amend-      Section 2 .
                ment) Act , 1959 .
 1959     38  The State Bank of India ( Subsidiary Banka) Section 64 and the Third
                Act, 1959 .                               Schedule.
 1959     41   The Criminal Law ( Amendment ) Act ,     Section 2 .
                1959 .
  1x59    44   The Public Debt ( Amendment)      Act,   The whole .
                1959.
 1959     45  The Government Savings Banks ( Amend- |   The whole ,
                ment) Act , 1959 .
 1959     49   The  Securities  Contracts ( Regulation ) The whole .
                Amendment Act , 1959 .
 1959     50   The Kerala State Legislature (Delegation of The whole .
                 Powers ) Act , 1959 .
 1959     52   The Indian Penal Code (Amendment)        The whole .
                Act, 1959 .
 1959     59  The Mineral Oils (Additional Duties of    Sections 2 and 3 .
                Excise and Customs ) Amendment Act ,
                1959 .
 1959     60  The Indian Tariff (Amendment ) Act ,      The whole .
                1959 .
 1959     62   The Mines ( Amendment) Act , 1959 .      The whole .
 1960      I  The Administration of Evacuee Property    The whole .
                (Amendment ) Act , 1960 .
 1960      2  The Displaced Persons ( Compensation      Sections 2 to 10 .
                 and Rehabilitation ) Amendment Act ,
                1960 .
 1960      4 The Imports and Exports ( Control ) Amend- The whole .
                ment Act , 1960 .
 1960      5  The Motor Vehicles ( Amendment) Act ,     Section 2 .
                1960.
 1960     14  The Reserve Bank of India (Amendment )    The whole .
                Act , 1960 .
 1960     16  The Estate Duty (Amendment ) Act , 1960 . Sections 2 and 3 .
 1960     17  The Supreme Court ( Number of Judges )    The whole .
                Amendment Act , 1960 .
 1.5.60   18 The Indian Boilers (Amendment ) Act ,      Sections 2 to 20 .
                1960.

SEC . 1 ]

THE GAZETTE OF INDIA EXTRAORDINARY

Year

      No.
I       2
1960   20

475

Short title

Extent of repeal

                                   3                              4
             The Representation of the People (Amend-  The whole .
                ment ) Act , 1960 .
1960     21   The Rubber (Amendment) Act , 1960        The whole .
1960     22   The Cotton Transport (Amendment ) Act ,  Sections 2 and 3 .
               1960.
1960     23   The Banking Companies     ( Amendment)   The whole .
               Act, 1960 .
1960     24   The Delhi Land Holdings ( Ceiling) Act , Section 28 .
                1960 .
1960     25   The Agricultural Produce (Grading and    The whole .
               Marking) Amendment Act , 1960 .
1960     26   The Press and Registration  of   Books   The whole .
               (Amendment) Act , 1960 .
1960     27   The Evacuce Interest ( Separation ) Amend- The whole .
                ment Act , 1960 .
1960     34   The Plantations Labour (Amendment) Act   The whole .
                1960.
1960     35   The Drugs (Amendment ) Act , 1960        Thewhole .
1960     37   The Banking Companies ( Second Amend-    Sections 2 to 9 .
                ment) Act , 1960 .
1960     38   The Central Excises ( Conversion to Metric Sections 2 to 8 and the
                Units ) Act , 1960 .                     First and Second Sche-
                                                         dules .
1960     40   The Customs Duties and Cesses ( Conver-  Sections 2 to 9 and the
                sion to Metric Units ) Act , 1960.       Schedule .
1960     41   The Standards of Weights and Measures    The whole .
                (Amendment) Act , 1960 .
1960     42   The Indian Trade Unions ( Amendment)      The whole .
                Act, 1960 .
 1960    44   The Indian Aircraft (Amendment ) Act,     The whole .
                1960.
 1960    45   The Indian Museum (Amendment ) Act,      Sections  2 to 12 .
                1960.
 1960    46   The Employees ' Provident Funds Amend-   The whole .
                ment)Act , 1960.
1960     51   The Motor Vehicles ( Second Amendment)   The whole .
                Act, 1960 .
1960     52   The Indian Post Office ( Amendment ) Act , The whole .
                1960.
1960     55   The Indian Tariff (Amendment ) Act , 1960. The whole .

[ PART 11

THE GAZETTE OF INDIA EXTRAORDINARY

476

No.

Short title Year

  1    2                   3
1960     56

Extent of repeal

                                                                        4
                 The Code of Criminal Procedure ( Amend-   The whole .
                   ment) Act , 1960 .
 1960       61   The Preventive Detention ( Continuance )  The whole .
                   Act, 1960 .
 1960       62   The   Forward    Contracts   ( Regulation ) The whole .
                  Amendment Act , 1960 .
 1960       65   The Companies ( Amendment ) Act , 1960 .  Sections 2 to 207 and
                                                             209 to 218 .
 1960       66   The Industrial Finance Corporation ( Amend- The whole
                   ment ) Act , 1960 .
 1961        7   The Banking Companies (Amendment ) Act ,  Sections 2 to 5 .
                   1961 .
 1961        8   The Railway Passenger Fares (Repeal ) Act , The whole .
                  1961 .
 1961       11  The Insurance ( Amendment ) Act , 1961 .   The whole .
 1961       13  The Orissa State Legislature ( Delegation of The whole .
                  Powers ) Act , 1961 .
 1961       15 The Telegraph Laws (Amendment ) Act ,       The whole .
                  1961 .
 1961       16  The Industrial   Employment     ( Standing The whole .
                  Orders) Amendment Act , 1961 .
1961       17   The Essential Commodities ( Amendment )    The whole .
                  Act, 1961 .
 1961       19  The Medicinal and Toilet Preparations ( Ex- The whole .
                  cise Duties ) Amendment Act , 1961 .
1961       21   The Delhi    Shops and     Establishments  The whole .
                  (Amendment ) Act , 1961 .
 1961      24   The Coal Mines ( Conservation and Safety ) The whole .
                  Amendment Act , 1961 .
1961       29   The Marking of Heavy Packages (Amend-      The whole .
                  ment) Act , 1961 .
1961       31   The Minimum Wages (Amendment) Act,         The whole .
                  1961.
1961       32   The Khadi and Village Industries Commis-   The whole .
                  sion (Amendment ) Act , 1961 .
1961       34   The Salt Cess (Amendment ) Act , 1961     The whole .
1961       39   The Indian Railways (Amendment ) Act ,    The whole .
                  1961 .
1961       40   The Representation of the People (Amend   The whole .
                  ment) Act , 1961 .

Sac . 11

THE GAZETTE OF INDIA EXTRAORDINARY

Year No.

777

Short title

I

2

1961     41

Extent of repeal

3

4

                The Indian Penal Code ( Amendment) Act ,    The whole .
                  1961 .
1961       42   The Delhi Municipal Corporation ( Amend-    The whole .
                  ment ) Act , 1961 .
1961       44   The Indian Standards Institution ( Certifica- The whole .
                  tion Marks) Amendment Act, 1961 .
1961       47   The Deposit Insurance Corporation Act ,     Section 51 and the Second
                  1961.                                       Schedule .
1961        48  The Coflee ( Amendment ) Act , 1961 ,       The whole .
1961       50   The High Court Judges ( Conditions of Ser- The whole .
                  vice) Amendment Act , 1961 .
1961       51   The Industries ( Development and Regula-    The whole .
                  tion) Amendment Act , 1961 .
1961        52  The Apprentices Act , 1961                  Section 38 .
1961        56  The Indian Tariff (Amendment) Act , 1961   The whole .
1961        60                                             The whole .

The Visva - Bharati ( Amendment ) Act , 1961

61

1961

The Delhi University ( Amendment ) Act ,

1961 .

The whole .

Other Enactments

18

144

The whole .

The Patiala State Penal Deductions Ordi- nance , 2000 BK .

2

1948

The Patiala Armed Bands ( Arrest and Deten- The whole . tion) Ordinance, 2005 BK.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II 478

THE SECOND SCHEDULE

(See section 3)

AMENDMENTS

Year No.

Short title

Amendments

I

2

3

4

Central Acts

1898

In section 118 , the brackets and figure " ( 1)" at the commencement shall be omitted .

5 The Code of Criminal Procedure , 1898 .

1925

(1) In the Preamble--

26 The Indian Carriage of Goods by Ses Act , 1925 .

(a) in the first paragraph , the words "including the delegates representing His Majesty" shall be omitted;

(b) for the third and fourth paragraphs , the following paragraph shall be substituted, namely:-

"AND WHEREAS it is expedient that the said rules as so amended and as set out with modifications in the Schedule should , subject to the provisions of this Act , have the force of law with a view to cs- tablishing the responsibilities , lia- bilities , rights and immunities at- taching to carriers under bills of lading; It is hereby enacted as follows:-";

( ii) In section 7, for the words , figures and brackets " four hundred and forty- six to four hundred and fifty, both inclu- sive, five hundred and two , and five hundred and three of the Merchant Ship- ping Act, 1894 ( 57 & 58 Vict . , c . 60) , as amended by any subsequent enactment ", the following words , figures and brackets shall be substituted , namely: -

" 331 and 352 of the Merchant Shipping Act, 1958 (44 of 1958 )" .

1925 39 The Indian Succession Act, 1925 .

In sub - section ( 2 ) of section 213 , in clause ( ii) , for the words " ordinary civil juris- diction", the words " ordinary original civil jurisdiction" shall be substituted.

24

1949

(1) For sub - section (2 ) of section 1 , the following sub- section shall be substituted , namely:

The Delhi Hotels ( Control of Accommodation ) Act, 1949 .

"(2) It extends to the areas which imme- diately before the 7th April , 1958 , were included in the jurisdiction of- THE GAZETTE OF INDIA EXTRAORDINARY

Soc . 1 ]

479

No.

Year

2

I

Short title 3

Amendments 4

(a) the Municipality of New Delhi ;

(b) the Notified Area Committee , Civil Station, Delhi . " ;

(ii) For the words " Estate Officer " , where- ver they occur, the words " Director of Estates " shall be substituted .

1949 38 The Chartered Account- ants Act , 1949 .

In item (9) of Part I of the First Schedule , for the figures " 226" , the figures " 225 " shall be substituted .

1956 I The Companies Act , 1956. (1) In section 3 ( r ) ( ii) of the Act , as extended to the UnionUnion territory of Goa ,Goa, Daman and Diu, in clause ( g) , the words , brackets and figures " (Carta Lei of the 11th April , 1901 ) shall be omitted;

(ii ) In clause ( c ) of sub - section (4) of section 56, for the words " was immaterial" , the words "were immaterial " shall be substituted;

(iii) In sub - section ( r) of section 620, for the figures "639 " the figures and letter "619A" shall be substituted .

1957 61 The Delhi Development Act , 1957 .

In sub -section (3 ) of sectiosection 3 , in clause ( f) for the words " two representatives " ,', the words " three representatives " shall be substituted .

1957 66 The Delhi Municipal Corporation Act , 1957 .

(i) In the heading to section 184 , the words " Taxes on motor vehicles and " shall be omitted ;

(ii) In clause ( a) of sub - section ( 1 ) of section 397, sub -clauses ( ii ) and (iii) shall be omitted.

1959 47

In the First Schedule , against " Dotada" village , in the column headed " Area in Bighas"-

Rajasthan and Madhya Pradesh The (Transfer of Terri- tories ) Act , 1959 .

(i) for the figures "926 " against Khasara No. 365 , the figures "921 " shall be substituted ;

(ii) for the figures " 200" against Khasara No. 367, the figures " 205" shall be substituted .

II

1960

The Bombay Reorganisa- tion Act , 1960 .

In the Eighth Schedule , under the heading "Part IV-Gujarat " , in item 12 below entry 1 , for the expression " Koli , Dhor " , the expression " Koll Dhor " shall be subs- tituted.

765 G of I Ex- 2 [ PART 11 THE GAZETTE OF INDIA EXTRAORDINARY

480

No.

Year

2

Amendments 4

Short title 3

1

1961 25 The Advocates Act, 1961 , In sub -section (5 ) of section 49A , for the words " under this Act " , the words " under this section" shall be substituted .

1962 51 The Defence of India Act, 1962 .

In sub - section ( 2) of section 35 , the word "by " occurring after the words " shall not prejudice " shall be omitted .

55

1962

In the first proviso to section 15 , for the words " under this sub - section " the words " under this section" shall be substituted .

The Manipur ( Sales of Motor Spirit and Lu- bricants) Taxation Act , 1962.

In the Schedule ,-

The Limitation Act, 1963 .

1963 36

(i) in the entry in the first column against article 98 , for the words and figures " an order under rule 63 or rule 103 ," the words and figures " an order referred to in rule 63 or in rule 103 " shall be substituted ;

(ii) in the entry in the third column against article 136 , for the word "Where " , where that word first occurs , the word "When" shall be substituted .

1963 47 The Specific Reli f Act , 1963.

(i) In clause ( i) of sub - section (3 ) of section 12, after the word , brackets and letter " clause (b ) , " , the words " pays or has paid" shall be inserted ;

(ii) In clause (b) of sub - section ( r ) of section 22, for the words " made to" the words "made by" shall be substituted .

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 1 ]

481

No.

Amendments

Year

Short title

2

4

3

Acts in force in the Union territory of Delhi .

Section 151 shall be omitted .

The Punjab Municipal Act, 1911 (Punjab Act 3 of1911 ) , as in force inthe Union territory OD elhi .

Section 248 shall be omitted .

The United Provinces Municipalities Act, 1916 ( United Provin- ces Act 2 of 1916) , as in force in the Union territory of Delhi .

R. C. S. SARKAR , Secy . to the Govt . of India .

PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS ,

DELHI, 1964

Cite this issue. Extraordinary Gazette of India, Government of India, 30 December 1964. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1964-12-30.E-1821-1964-0050-82673/. Archive identifier in.gazette.csl_extraordinary.1964-12-30.E-1821-1964-0050-82673.