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Published 18 July 1978

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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 98] NEW DELHI, TUESDAY, JULY 18, 1978/ASADHA 27, 1900

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

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 18th

July, 1978: —

BILL NO. VII OF 1978

A Bill to repeal certain enactments and to amend certain other

enactments.

BE it enacted by Parliament in the Twenty-ninth Year of the

Republic of India as follows: —

1. This Act may be called the Repealing and Amending Act, 1978.

Short title.

2. The enactments specified in the First Schedule are hereby repealed

to the extent mentioned in the fourth column thereof.

Repeal of certain enactments.

Explanation.—In this section and in section 4, "enactment" includes

the Indian Union Police Force Regulation, 1358 Fasli.

Hyd. Reg. XXV of 1358F.

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

Amend- ment of certain enact- ments.

Savings

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 The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or conse- quences of anything already done or suffered, or any right, title, obliga- tion or liability already acquired, accrued or incurred or any remedy

(729)

730 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indem- nity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or exist- ing usage, custom, privilege, restriction, exemption, office or appoint- ment, 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the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;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, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

THE FIRST SCHEDULE

(See section 2)

REPEALS

Short titlr

Extent of repeal

N o.

I

1

a

-,——•——

4

Central Acts

1970

The Iron Orr Mines Labour Welfare Cess (Amendment)

The whole.

A c t, 1 9 70

. . . . . . ..

197I

The whole.

The Imports and Exports (Control) Amendment Act, 1971

7

I971

The whole.

Thi" State of Himachal Pradesh (Amendment) Act, 1971

15

I971

The whole.

The Labour Provident Fund Laws (Amendment) Act, 1971

16

I971

The Gold (Control) Amendment Act, 1971

Sections a, 3 an

ai

"971

The Salaries and Allowances of Officer of Parliament

22

(Amendment) Act, 1971

The whole,

The West Bengal State Legislature (Delegation of Powers)

31

The whole.

Act, 1971 . . . . . . ..

' 9 71

The Indian Telegraph (Amendment) Act, 1971

The whole.

33

1971

T he Gujarat State Legislature (Delegation of Powcri)

35

The whole,

Act, 1971

i}7i

The Punjab State Legislature (Delegation of Powers)

36

Act, 1971

The whole.

W

The Agricultural Refinance Corporation (Amendment)

39

The whole.

Act, 1971 . . . .. .

1971

The Prevention of Food Adulteration (Amendment)

41

Sections a and 3.

Act, 1971

'971

The whole.

The Stamp and Excise Duties (Amendment) A( t, 1971

44

197'

The whole.

The Industrial Disputes (Amendment) Ait, 1977

45

•971

The whole.

The Air Corporations (Amendment) Act, 1971

49

1971

The Forward Contracts (Regulation) Amendment Act,

51

The whole.

'97'

. ..

1971

i hc Coal BctiriiiK Aieiis (Acquisition .vnd Development)

54Sections 2 to 7. Amendment and Validation Act, ii)7J The whole. Tin" Arms ( Amendment) Act, 11)71 . 55

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 731 Year Extent of repeal No. Short title t a

4

3

Sections 2 to 12 and 14.

The Visva-Bharati (Amendment) Act, 1971 .

1971 57

Sections 2, 3 and 5.

G6 The Essential Commodities (Amendment; Act, 1971

U171

The whole.

The Indian Tariff (Amrndmcnt) A(t, 1971

G7

'97i

Sections 2 and 8.

The Delhi Road Transport Laws (Amendment) Act, 1971.

i97i 71

Sections 2 to 10.

72 The Industries (Development and Regulation) Amend-

1971

ment Act, 1971 . . . . . ..

Sections 2 and 3.

1971

ThePersonal Injuries (Emergency Provisions) Amendment

74

Act, iQ7i

Sections 3,3 and 4.

flic Personal Injuries (Compensation Insurance) Amend-

75

ment Act, 1971 . . . . . ..

The whole.

Tht; Supreme Court Judges (Conditions of Service) Amend-

1971 77

ment Act, 1971

The whole.

The High Court Judges (Conditions of Serviec) Amendment

70

Act, 1971

Sections 2 to 14.

The Commissions of Tnquiiy (Amendment) Act, 1971

The whole.

80 '1'he Companies (Amendment) Act, 1971

Tin" whole.

The Govcininent uf Union Tciritoi'iri (Amendment)

83

Act, 1971

197a

Sections 2 to 4.

7 The wli'jle.

8 The whole,

1972 10 The whole.

u 'I'll1- wbole,

1972 21 Tin- whole.

1972 22 The whole.

1972

a3

197s 25

Sub-section (j) of sec- tion 2 and the Sche- dule.

Sections 2 and 3.

1972 27 The whole,

1972 ^9

"97a     3'     The  Criminal  Law  (Amendment)  Act,  1972  ,               The  whole,
1972     32     The  Industrial Disputes (Amendment)  Acl,  1972             The  whole.
1972           The  University  Grants  Commission  (Amendment)  Act,        Sections  a  to  8 and  to.

Sections 2 to 32.

The Aligaih Muslim University (Amendment) Act, 1972.

197a

34

The whole.

The Supreme Court (Enlargement ot C iminal Appellate

197a 37

Jurisdiction) Amendment Act, 1972 . . ..

The whole.

The Indian Telegraph (Amendment) Act, 1972

1973

3"

The whole. -

The Victoria Memorial (Amendment) Aet, 1972

1972 40Sections 2, 'J and 6. The Income-tax (Amendment) Act, T 972 1972 The whole. The DentisU (Amendment) Aet, 1972 . 1972 12

732 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Year Short title No. Extent of repeal i a

4

3

197a     45    The Tax*tion Laws (Amendment)  Act, 1972                     Sections a to 34.
               The  Insecticides  (Amendment)  Art,  1972                   The whole.
197a     47    The  Rice-Milling  Industry  (Regulation)  Amendment Act,
                  197a                                                      The  whole.
1972     48    The  Delhi University  (Amendment)  Act, 1972                The  whole.
1973     49    The Punjab New Capital (Periphery)  Control  (Chandigarh
                  Amendment)  Act, 197a             .    .    .    ..        The  whole.
 197a    5+     The Rulers of Indian States (Abolition of Privileges) Act,
                  197a                                                       The  whole.
 197a    55     The  Seeds  (Amendment)  Act,  1972        .   .    ..       The whole.
 1972    56     The  Mines  and  Minerals  (Regulation  and  Development)
                  Amendment  Act, 1972                                       The whole.
 197a     57    The  General Insurance  Business  (Nationalisation)  Act, 1973 Section 40.
 197a     58    The  Indian  Copper  Corporation  (Acquisition  of  Under-  '
                  taking)  Act,  1973                                        Section  19.
 1972     60    The  Khadi  and  other  Handloom  Industries  Development
                   (Additional Excise Duty  on Cloth)  Amendment  Act, 197a  Sections  2 and 3.
 197a     61     The  Central  Sales Tax (Amendment)  Act, 1973              Sections  a to 13.
 1972     67     The  1'ood  Corporations  (Amendment)  Act, 197J            The  whole.
  197a    68     The  Payment  of Bonus  (Amendment)  Act, 1973               The whole,
  197a    69     The  Carriage  by Air Act, 197a     .    .    .    ..        Section  y.
  197a    70     The  Coal  Mines  Labour  Welfare  1'und  (Amendment)
                   Act,  1972                                                 The whole.
  1972    71 The  Indian  Railways  (Amendment)  Act,  1973 The  whole.
  1973    73     The  Indian  Tariff  (Amendment)  Act,  197a                 The whole.
  1972     74    The  Industrial  Finance  Corporation  (Amendment)    Act,
                    1973                                                      The  whole.
  1972     75    The  Industrial  Development  Bank  of India  (Amendment)
                   Act,  1973                                                 The  whole.
  1972     77    The State  Financial  Corporations  (Amendment)  Act, 197a
                                                                              x lie wnoic.

2

1973 3

8

"973

17

'973

ao

1973

32

1973

23

1973

1973 35 | The whole. 37 SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 733 Extent of repeal Short title ( Year No. 2 1

3

4

T he National Co-operative Development Corporation

32

;973

The whole.

(Amendment) Act, 1973 . . . ..

T he U t t ar Pradesh State Legislature (Delegation of

1973 33

Powers) Act, 1973 . . . . ..

The whole.

T ho Customs, Gold (Control) a nd Central Excises a nd

3t>

1973

Salt (Amendment) Act, 1973 .

The whtlc.

T he Agricultural Refinance Corporation (Amendment)

37

!973

The whole.

Act, 1973

T he Payment of Bonus (Amendment) Act, 1973

The whole.

'973 39

T he Employees' Provident Funds a nd Family Pension

40

1973

F u nd (Amendment) Act, 1973 . . . ..

Tke whole.

T he Coking a nd Non-coking Coal Mise" (Nationalisation)

41

1973

A m e n d m e nt Act, 1973 . . . . ..

The whole.

T ho Reserve Bank of India (Amendment) Act, 1973

The whole.

44

!973

T he Indian Railways (Amendment) Act, 1973 .

Tke whole.

45

'973

The Foreign Awards (Recognition aad Enforcement)

1973 47

A m e n d m e nt A ct 1 9 73 . . . ..

The wliole

48 The State Bank Laws (Amendment) Act, 1973

The whole.

J973

The Code of Civil Procedure (Amendment) Act, 1973 . The whole.

49

1973

The Textiles Committee (Amendment) Act, 1973 .

The whole.

51

1973

The Maternity Benefit (Amendment) Act, 1973

The whole.

52

'973

The Indian Railways (Second Amendment) Act, 1973

The whole.

1973 54

The Payment of Bonus (Second Amendment) Act, 1973 . Section 3.

55

'973

The Central Excises and Salt (Second Amendment) Act,

58

!973

The whole.

1973

The Advocates (Amendment) Act, 1973

The whole.

60

1973

The Income-tax (Amendment) Act, 1973

Section 3.

66

1973

The Industries (Development and Regulation) Amend-

G7

'973

ment Act* IQ*7Q

. . ."

The whole ^ •'Vt-W IIUU1WI

The National Go-op craiivc Development Corporation

3

1974

(Am e n dm e n t^ A ct IO TA

* "

• *

The whole

5

'974

The whole.

The Presidential and Vice-Presidential Elections (Amend- mentl Act. iQV*t • • * * •l-M-^ • • • III A &fei

The North-Eautcrn Areas (Reorganisation) Amendment

8

1974

Act, "974

The whole.

The Gujarat State Legislature (Delegation of Powers)

11

'974

Act, 1974

The whole.

The Estate DuLy (Distribution) Amendment Act, 1974 .

The wkole.

31

*974

1974

The whole

The Additional Duties of Excise (Goods of Special Impor- tance^ Amendment Act 10*7*1 . . .. *i^^AM.^rVM A AUAVAAV4AAV4V A A^fJ * ?J J M* 1 • • •

The Union Duties of Excise (Distribution) Amendment

^3

1974

Act, 1974

The whole.

1

1

The Direct Taxes (Amendment) Act, 1974 .

Sections 2 to 21.

aG>974 The Coal Mines (Conicrvation and Development) 38 '974 Act, 1974 Sectiom 19.

734 T HE GAZETTE OF INDIA EXTKAORDINARY [PAHT II— Short title No. Extent of repeal Year i a

3

4

The Major 1'ort Trusts (Amendment) Act, 1974

Sections a to 39.

1974 *9

The Essential Commodities (Amendment) Act, 1974

W4 30

Sections 2 to la and 14.

The Industries (Development and Regulation) Amend-

3a

1974

ment Act, 1974 . . . . . ..

The whole.

The Alcock Ashdown Company Limited (Acquisition of

33

1974

Undertakings) Amendment Act, 1974

The whole.

36 The Indian Iron and Steel Company (Taking Over of

1974

Management) Amendment Act, 1974 .

The whole.

The Esso (Acquisition of Undertakings in Imdia)

40

"974

Amendment Act, 1974

The whole.

41 The Companies (Amendment) Act, 1974

The whole.

1974

The Payment of Bonus (Amendment) Act, 1974

The whole.

4a ,

1974

The Interest-tax Act, 1974

Section 30.

45

1974

The Delhi Sikh Gurdwaraa (Amendment) Act, 1974

The whole.

46

1974

The Indian Telegraph (Amendment) Act, 1974

Section a.

48

1974

The Small Coins (Offences) Amendment Act, 1974

The whole.

'974 49

The Indian Works of Defence (Amendment) Act, 1974 . The whole.

50

1974

The Reserve Bank of India (Amendment) Act, 1974

The whole.

5'

'974

The Navy (Amendment) Act, 1974 . . ..

The whole.

1974 53

The Delhi Municipal Corporation (Amendment) Act,

55

•974

The whole.

1974

The Repealing and Amending Act, 1974

The whole.

56

1974

The Punjab Municipal (Chandigarh Amendment) Act,

59

1974

The whole.

1974

The Working Journalists (Conditions of Service) and

60

'974

Miscellaneous Provisions (Amendment) Act, 1974

The whole.

The Salaries and Allowances of Members of Parliament

65

1974

(Amendment) Act, 1974 . . . . ..

The whole.

The Indian Tariff (Amendment) Act, 1975 .

The whole.

1

1975

The Requisitioning and Acquisition of Immovable Pro-

a

1975

perty (Amendment) Act, 1975 . . . ..

The whole.

The North-Eastern Areas (Reorganisation) Amendment

3

'975

Act, 1975

The whole.

The Air Force and Army Laws (Amendment) Act, 1975 . The whole.

13

1975

The Trust Laws (Amendment) Act, 1975

The whole.

16

'975

The All-India Services Regulations (Indemnity) Act,

'975 19 I

Section 3.

1973 • • • x

The All-India Services (Amendment) Act, 1975

Section a.

1973 ^3

The Former Secretary of State Service Officers (Con-

24

1975

The whole.

ditions of Service) Amendment Act, 1975

aO

1975

The whole.

The Companies (Temporary Restrictions on Dividends) Amendment Act, 1975 . . . . ..

The Nagaland State Legislature (Delegation of Powers)

31

'975T he whole. Act, 1975 . .. . . .. The whole. The Employees' State Insurance (Amendment) Act, 1975 38 '875

SEC, 2] THE GAZETTE OF INDIA EXTBAORDINARY 735 Extent of repeal Short title Year No. T 3

3

4

The Maintenance of Internal Security (Amendment) Act,

1075 39

whole.

The

'975

The Telegraph Wires (Unlawful Possession) Amendment

44

1975

The

Act, 1975

whole,

The Agricultural Refinance Corporation (Amendment)

45

1975

Act, 197^, . . . . . . ..

Sub-section (1) of section 2 and sections 3 to 15,

The provident Funds (Amendment.) Act, 1975

The. whole.

46

1975

The

The Indian Coinage (Amendment) Act, 1975

whole,

4V

1975

48

1975

The Salaries and Allowances of Members of Parliament (Amendment) Act, 1975 . . . ..

The whole.

T he National Cadet Corps (Amendment) Act, 1975

The whole.

5"

1975

Tho Public Financial Institutions Laws (Amendment) Act,

1975

Sections 3 to 20 and 1975

aa to 58.

Hyderabad Regulation

T he Indian Union Police Force Regulation, 1358 Fasli

(Hyderabad Regulation No. X XV of J358F.)

T he whole.

736 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

THE SECOND SCHEDULE

(See section 3)

AMENDMENTS

Annulment?

Short title

Year No.

I

3

4

3

(/) In sub-lection (3) of section 123,—

The Code of Civil Procedure, 1908

1908 5

(") in clause (e), the word "and" occur-

ring at the end shall be omitted;

(11) clause (d) shall be omitted.

(3) In the First Schedule, in Order XXI, in rule 33, in sub-rule (1), for the words "the last preceding rule", the word and figures '/rule aa" shall b e substituted.

(a) In sub-section (j) of section u A,—

The R"pre*ontation of the People

43

Act, 1951,

(1) th" brackets and letter " ( a )" occur- ring before the words "is convicted." shall be omitted;

(iY) the word *'or" occurring before the

words "he shall" shall be omitted.

(b) In sub-section (j) of section 33, for the

word, brackets and letter "clause ( /) of section 7", the word and figure "section 9 shall be substituted.

[n item ("') of clause (HI) of section 14, for The Central Sales Tax Act, 1956 .

1956 74

tho words "ingot moulds bottom plates", the words "ingot moulds, bottom plates" shall be substituted.

The Coal Mines (Nationalisation)

26

'9731

Act, 1973.

In clause (f) of sub-iection (a) of section aa, for the word and figures "section 15", the word and figures "section 14" shall be substituted.

4

•974

The Esso (Acquisition of Under- takings in India) Act, 1974.

In sub- section (4) of section 4, for the words "against the concerned Government company", the words "by or against the concerned Government company" shall be substituted.

The Delhi Sales Tax Art, 1975

1975 43

(i) In sub-section (j) of section 14, in the second proviso, for the words "points of sale", the words "point of sale" ahull be substituted.

(*j) In sub-section (4) ot icction ly, tor the words "the firm who changed consti- tution", the words "the firm which changed the constitution" shall br substituted.

1976 a The Burm"h Shell (Acquisition of Undertakings in India) Act, 1976.

In sub-section (2) of section 1^, after the words "secirtaiy or othei ofticer", the words ''of the company, such director, manager, secretary or othei officri" shall be inserted.

• S K C. S] T HB G A Z E T TE OF I N I MA E X T R A Q M M N A KY

7 37

STATEMENT OF OBJECTS AND REASONS

This Bill is one of those periodical measures by which enactments, which have ceased to be in. force or have become obsolete or reten- tion whereof as separate Actst is unnecessary, are repealed or by which formal defects detected in enactments ana corrected.

2. The notes which follow explain the reasons for the repeal or amendment suggested in such of those items of the Bill in respect whereof some detailed explanation is neceisary.

3. Clause 4 of the Bill contains a precautionary provision which it

is usual to include in Bills of this kind.

NHW DELHI;

SHANTI BHUSHAN.

The 1st July, 1978.

738 THE 0A2KTTK OF JNDJA BXTRAOKOlNAfllY [PA"T I I - " B C. 8]

Notes on the Schedules

THE FIRST SCHEDULE '

TJhe Indian Union Police Force Regulation, 1358 Fasli (Hyderabad Regulation No. XXV of 135SF.).—This Regulation was enacted to regu- larise the position of the Indian Union Police Forces employed in the administration of the former Hyderabad State. The Hyderabad State having been merged wilh the Tndian Union after police action and there being no separate military administration, the Regulation has become obsolete. It is proposed to repeal this Regulation to remove the same from the Statute Book.

THE SECOND SCHEDULE

The Code of Civil Procedure, 1908.—As a result of recent amend- ments of the Advocates Act, 1991 (25 of 1961), attorneys as a class have ceased to exist. The first amendment proposed to the Code of Civil Pioccdurc, 1908 (5 ot 19081, seeks to omit a reference to the said non- existent class, that is attorneys. The second amendment seeks to pro- vide for the correct cross-reference.

The Representation of the People Act, 1951.—The amendment pro- posed to the Act seekt> to rectify a mistake that had inadvertently crept in at the time of the enactment of the Election Laws (Amendment) Act, 1U75 (40 of 1975) and to correct a cross-reference which was inadvertently left out at the time of the enactment of the Represen- tation of the People (Amendment) Act, 1906 (47 ot 1966).

The Central Sales Tax Act, 1956.—The amendment proposed to the Act seeks to rectify a patent typographical error.

The Coal Mines (Nationalisation) Ad, ] 973.—The amendment pro- posed to the Act seeks to provide for the correct cross-ieference.

The Esso (Acquisition of Undertakings in India) £ct, 1974j*-Th.e amendment proposed to the Act seeks to rectify a grammatical mistake,

The Delhi Sales Tax Act, 1975.—The amendment proposed to the Act

seeks to rectify certain grammatical mistakes.

The Burmah Slwll (Acquisition of Undertakings in India) Act, 1976 — The amendment proposed to the Act seeks to insert certain words which were inadvertently omitted at the time of enactment of the Act.

S. S. BHALERAO,

Secretary-General.

PRINTED BY THE GENERAL MANAGFR, GOVEttNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISH! D UV THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 78


  1. ↩
  2. I97 ' 9 7 197 I97 T he A r m ed Forces (Assam a nd M a n i p u r) Special l)ov\eis ( A m e n d m e n t) Act, 1972 . . . . .. T he Administrators General ( A m e n d m e n t) Act, 197? i97 ↩
  3. T he C o n t i n g e n cy F u nd of I n d ia ( A m e n d m e n t) A c t, 1972. T he Aircraft ( A m e n d m e n t) Act, 1972 . . .. T he M a t e r n i ty Benefit ( A m e nd menl) Act, 1972 T he C a n t o n m e n ts (Extension of R e nt Control Laws) A m e n d m e nt Aci, 1972 . . . .. The* Sccunderabiid a nd A u r a n g a b ad C a n t o n m e n ts House R e nt Control L aw (Repeal) Act, 1972 T he T a x a t i on Law? (Extension t o j a m mu a nd K a s h m i r) Act, 1972 . .. The General Insurance (Emergency Piovisions) A m e n d- m e nt Aet, 1972 . . . . . .. T he Salaries a nd Allowance? of M e m b e rs of P a r l i a m e nt ( A m e n d m e n t) Act, 1972 . . . .. I97 4 ↩
  4. The Requisitioning and Acquisition of Immovable Pro- '973 perty (Amendment) Act, 1973 . . .. The whole. The Diplomatic and Consular Officers (Oaths and Fees) >973 (Extension to J a m mu and Kashmir) Act, 1973 . Section 3. T hj Seaward Artillery Practice (Amendment) Act, 1973 The whole. TheAndhra Pradesh State Legislature (Delegation oi Powers) Act, 1973 . . . . . .. The whole. The Capital of Punjab (Development and Regulation) Sections 2 to 6. (Chandigarh Amendment) Act, 1973 T he Orissa State Legislature (Delegation of Powers) The whole. Act, 1973 The Central Excises and Salt (Amendment) Act, 1973 The whole. The Manipur State Legislature (Delegation of Powers) Act, 1973 The whole. The Cinematograph (Amendment) Act, 1973 Sectionals to 4. [ The Apprentices (Amendment) Act, 1973 «973 ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 18 July 1978. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1978-07-18.E-1125-1978-0028-49844/. Archive identifier in.gazette.csl_extraordinary.1978-07-18.E-1125-1978-0028-49844.