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 The enactments specified in the First Schedule are hereby repealed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 The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;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the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;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
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)
54
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 731 Year Extent of repeal No. Short title t a4
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 40
732 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Year Short title No. Extent of repeal i a4
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
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 733 Extent of repeal Short title ( Year No. 2 13
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
734 T HE GAZETTE OF INDIA EXTKAORDINARY [PAHT II— Short title No. Extent of repeal Year i a3
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
'975
SEC, 2] THE GAZETTE OF INDIA EXTBAORDINARY 735 Extent of repeal Short title Year No. T 33
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
- ↩
- 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 ↩
- 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 ↩
- 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 ↩