D-(D) -72 रजिस्ट्री सं ० डी-(डी) -72
LIBRA
ス
GOVT OF IN
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 42] No. 43 ]
नई विल्ली, मगलवार , नवम्बर 28 , 1978 /अग्रहायण 7, 1900 NEW DELHI , TUESDAY , NOVEMBER 28 , 1978 / AGRAHAYANA 7, 1900
इस भाग में भिन्न पृष्ठ संख्या दी जाती हैं जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it maybe filed
as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department) New Delhi , the 28th November , 1978/Agrahayana 7 , 1900 ( Saka)
The following Act of Parliament received the assent of the President on the 26th November , 1978 , and is hereby published for general informa- tion:-
THE REPEALING AND AMENDING ACT , 1978
No. 38 OF 1978
[26th November , 1978 ]
An Act to repeal certain enactments and to amend certain other enactments .
BE it enacted by Parliament in the Twenty-ninth Year of the
Short title.
Republic of India as follows :- 1. This Act may be called the Repealing and Amending Act , 1978 .
2. The enactments specifled in the First Schedule are hereby repealed to the extent mentioned in the fourth column thereof .
Repeal of certain enact- ments, 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 The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;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
( 511 ) [PART II- THE GAZETTE OF INDIA EXTRAORDINARY
$12
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
Year I
No. 2
Extent of repeal 4
Short Title
3
Central Acts
41
1970
The whole .
The Iron Ore Mines Labour Welfare Cess ( Amendment) Act, 1970
The whole ,
1971 7 Tae Imports and Exports ( Control) Amendment Act , 1971
The whole.
1971 15 The State of Himachal Pradesh (Amendment) Act, 1971
The whole,
1971 16 The Labour Provident Fund Laws (Amendment) Act, 1971
1971 21 The Gold ( Control) Amendment Act, 1971 . Sections 2 , 3 and 6 .
1971 22 The Salaries and Allowances of Officers of Parliament
(Amendment) Act, 1971 The whole .
1971 31 The West Bengal State Legislature ( Delegation of Powers)
Act, 1971 The whole .
1971 33 The whole .
The Indian Telegraph (Amendment) Act, 1971
1971 35
The whole
The Gujarat State Legislature (Delegation of Powers)
Act, 1971
36
1971
The whole ,
The Punjab State Legislature (Delegation of Powers)
Act, 1971
1971 39
The whole .
The Agricultural Refinance Corporation ( Amendment)
Act, 1971
1971 41
Sections 2 and 3 .
The Prevention of Food Adulteration (Amendment)
Act, 1971
The whole ,
1971 44 The Stamp and Excise Duties (Amendment) Act, 1971
The whole.
1971 45 The Industrial Disputes ( Amendment) Act , 1971
The whole .
1971 49 The Air Corporations (Amendment) Act, 1971
1971 53
The whole.
The Forward Contracts ( Regulation) Amendment Act,
1971
1971 54 The Coal Bearing Areas (Acquisition and Development)
Amendment and Validation Act, 1971 Sections 2 to 7 .
1971 55 The Arms (Amendment) Act, 1971 The whole.
SEC . 11
THE GAZETTE OF INDIA EXTRAORDINARY
Year No.
I
1971 57
513
Short title
Extent of repeal
3
4
Sections 2 to 12 and 14 .
The Visva-Bharati (Amendment) Act, 1971
1971 66 The Essential Commodities (Amendment) Act , 1971
1971 67
Sections 2 , 3 and 5 .
Thewhole.
The Indian Tariff (Amendment ) Act , 1971
1971 71
Sections 2 and 8 .
The Delhi Road Transport Laws (Amendment) Act, 1971 .
72 1971
Sections 2 to 10 .
The Industries (Development and Regulation) Amend-
ment Act, 1971
1971 74 The Personal Injuries ( Emergency Provisions) Amendment Act, 1971 1971 75
Sections 2 and 3 .
Sections 2 , 3 and 4 .
The Personal Injuries ( Compensation Insurance ) Amend- ment Act , 1971
1971 77
The whole.
The Supreme Court Judges( Conditions ofScrvice) Amend- ment Act , 1971
1971 78
The whole .
TheHigh CourtJudges ( Conditions ofScrvice) Amendment
Act, 1971
1971 79 The Commissions of Inquiry (Amendment) Act, 1971 Sections 2 to 14 .
1971 80 The Companies (Amendment) Act , 1971 The whole .
1971 83
The whole .
The Government of Union Territories (Amendment )
Act, 1971
1972 7 The Armed Forces (Assam and Manipur) Special Powers
(Amendment) Act, 1972 Sections 2 to4.
1972 8 The Administrators General (Amendment) Act , 1972 Thewhole.
1972 10 The Contingency Fund of India (Amendment ) Act, 1972 . The whole .
1972 12 TheAircraft (Amendment) Act, 1972 Thewhole .
1972 21 The Maternity Benefit (Amendment) Act , 1972 The whole .
1972 22 The Cantonments ( Extension of Rent Control Laws)
Amendment Act , 1972 The whole.
1972 23 The Secunderabad and Aurangabad Cantonments House
Rent Control Law ( Repeal) Act, 1972 The whole .
1972 23
The Taxation Laws (Extension to Jammu and Kashmir)
Act, 1972
Sub-section ( 3) of sec-
tion 2 and the Sche-
dule .
1972 27 The General Insurance ( Emergency Provisions) Amend-
ment Act , 1972 Sections 2 and 3 .
1972 29 The Salaries and Allowances of Members of Parliament
The whole.
(Amendment) Act, 1972
1972 31 The Criminal Law (Amendment) Act , 1972 Thewhole.
1972 The whole .
32 The IndustrialDisputes (Amendment) Act , 1972
1972 33 Sections 2 to 8 and 10 .
The University Grants Commission ( Amendment) Act,
1972
1972 34
Sections 2 to 32 .
TheAligarh Muslim University (Amendment ) Act , 1972
1972 37 The Supreme Court ( Enlargement of Criminal Appellate
Jurisdiction) Amendment Act , 1972- . The whole.
The whole .
1972 38 The Indian Telegraph (Amendment) Act , 1972
1972 The Victoria Memorial (Amendment) Act , 1972 Thewhole .
40
1972 41 The Income- tax (Amendment) Act, 1972 Sections 2 , 3 and 6 .
1972 42 The whole.
TheDentists (Amendment) Act, 1972
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
514
Year No. 2
1
Extent of repeal 4
Short title
3
1972 45 The Taxation Laws (Amendment) Act , 1972 Sections 2 to 24 .
1972 46 The Insecticides (Amendment) Act, 1972 Thewhole .
1972 47
The whole .
The Rice-Milling Industry (Regulation) Amendment Act ,
1972
1972 48 TheDelhi University (Amendment) Act , 1972 The whole .
1972 49 The Punjab New Capital ( Periphery) Control ( Chandigarh
Amendment) Act, 1972 The whole.
1972 54
The whole.
TheRulers of Indian States (Abolition of Privileges) Act ,
1972
1972 55 The Seeds (Amendment) Act , 1972
1972 56
The whole .
The whole .
TheMines and Minerals (Regulation and Development)
Amendment Act, 1972
1972 57 The General Insurance Business (Nationalisation) Act, 1972
1972 58
Section 40.
Section 19 .
The Indian Copper Corporation (Acquisition of Under-i taking) Act, 1972 1
1972 60 The Khadi and other Handloom Industries Development (Additional Excise Duty on Cloth) Amendment Act , 1972
1972 61
Sections 2 and 3 .
Sections 2 to 13 .
The Central Sales Tax (Amendment) Act , 1972
1972 67
Thewhole.
The Food Corporations (Amendment) Act , 1972
1972 68 The Payment of Bonus (Amendment) Act, 1972 Thewhole.
1972 69 The Carriage by Air Act , 1972 Section 9 .
1972 70
The whole.
The Coal Mines Labour Welfare Fund (Amendment)
Act, 1972
1972 71 The Indian Railways (Amendment) Act , 1972 The whole.
1972 73 The Indian Tariff (Amendment) Act , 1972 The whole .
1972 74
The whole .
The Industrial Finance Corporation (Amendment) Act,
1972
1972 75
The whole .
The Industrial Development Bank of India (Amendment)
Act, 1972
1972 77
1972
The State Financial Corporations (Amendment) Act ,
I
1973
The whole .
The whole .
The Requisitioning and Acquisition of Immovable Pro- perty (Amendment) Act, 1973
1973 2
Section 3 .
The Diplomatic and Consular Officers ( Oaths and Fees) (Extension to Jammu and Kashmir) Act , 1973
3
1973
The Seaward Artillery Practice (Amendment) Act, 1973
8
1973
The whole .
The whole .
TheAndhra Pradesh State Legislature ( Delegation of Powers) Act , 1973
17
1973
Sections 2 to 6 .
The Capital of Punjab ( Development and Regulation) (Chandigarh Amendment) Act, 1973
1973 20
The whole .
The Orissa State Legislature (Delegation of Powers)
Act, 1973
1973 22
The whole
The Central Excises and Salt (Amendment ) Act, 1973
1973 23
The whole .
The Manipur State Legislature ( Delegation of Powers)
Act, 1973
1973 25 The Cinematograph (Amendment) Act , 1973 Sections a to 4. 1973 27 TheApprentices (Amendment) Act , 1973 The whole .
SEC . 1]
THE GAZETTE OF INDIA EXTRAORDINARY
515
Short title
Year
No. 2
3
Extent of repeal 4
1
32
1973
The whole.
The National Co- operative Development Corporation (Amendment) Act, 1973 .
1973 33
The whole.
The Uttar Pradesh State Legislature (Delegation of
Powers) Act, 1973
1973 36
The whole .
The Customs, Gold ( Control) and Central Excises and Salt(Amendment) Act, 1973
1973 37
Thewhole.
TheAgricultural Refinance Corporation (Amendment)
Act, 1973
Thewhole .
The Payment of Donus (Amendment) Act, 1973
1973 39
1973 40
Thewhole .
The Employees' Provident Funds and Family Pension Fund (Amendment) Act, 1973 .
1973 41
Thewhole .
The Coking and Non- coking Coal Mines (Nationalisation) Amendment Act , 1973
The whole.
44 TheReserve Bank of India (Amendment) Act, 1973
1973
The whole .
45 The Indian Railways . (Amendment) Act, 1973
1073
1973 47
The whole .
The Foreign Awards ( Recognition and Enforcement)
Amendment Act, 1973
The whole.
48 The State Bank Laws (Amendment) Act , 1973
1973
The whole .
The Code of Civil Procedure (Amendment ) Act, 1973
1973 49
Thewhole .
The Textiles Committee (Amendment) Act, 1978
1973 51
The whole .
The Maternity Benefit (Amendment) Act, 1973
1973 52
The whole .
54 The IndianRailways (Second Amendment ) Act, 1973
1973
Section 2.
The Pavment of Bonus ( Second Amendment) Act, 1973
55
1973
1973 58 The Central Excises and Salt ( Second Amendment) Act, 1073
Thewhole.
60
Thewhole.
The Advocates (Amendment) Act , 1973
1973
66
Section 2 .
The Income-tax (Amendment) Act, 1973
1973
1973 67
Thewhole.
The Industries (Development and Regulation) Amend-
ment Act, 1973
1974 9
Thewhole.
The National Co - operative Development Corporation
(Amendment) Act, 1974
1974 5
The whole .
ThePresidential and Vice- Presidential Elections (Amend-
ment) Act , 1974
1974 8
Thewhole.
The North -Eastern Areas (Reorganisation) Amendment
Act, 1974
1974 11
The whole .
The Gujarat State Legislature (Delegation of Powers)
Act, 1974
The whole,
The Estate Duty (Distribution) Amendment Act, 1974
1974 21
1974 22
Thewhole .
TheAdditional Duties of Excise (Goods of Special Impor- tance) Amendment Act, 1974
19741 23
Thewhole.
The Union Duties of Excise ( Distribution) Amendment
Act, 1974
Sections 2 to 21 .
The Direct Taxes (Amendment) Act, 1974
1974 26
1974 28
Section 19 .
The Coal Mines ( Conservation and Development)
Act, 1974
THE GAZETTE OF INDIA EXTRAORDINARY
546
Short title Year No. I
[PART I-
Extent of repeal 4
Sections 2 to 39 .
The Major Port Trusts (Amendment) Act, 1974
1974 29
1974 30 The Essential Commodities (Amendment) Act , 1974
1974 92
Sections 2 to12 and 14.
The whole.
The Industries (Development and Regulation) Amend-
ment Act, 1974
1974 33 The Alcock Ashdown Company Limited (Acquisition of
Undertakings) Amendment Act , 1974 The whole.
1974 36 The Indian Iron and Steel Company ( Taking Over of
Management) Amendment Act , 1974 The whole .
1974 40 The Esso (Acquisition of Undertakings in India)
Amendment Act , 1974 The whole .
1974 41 The Companies (Amendment) Act, 1974 The whole .
1974 42 ThePayment of Bonus (Amendment) Act, 1974 The whole .
1974 45 The Interest-tax Act, 1974 Section 30.
1974 46 The Delhi Sikh Gurdwaras (Amendment) Act, 1974 The whole.
1974 48 The Indian Telegraph (Amendment) Act, 1974 Section 2 .
1974 49 The Small Coins (Offences ) Amendment Act , 1974 The whole .
50 Thewhole.
TheIndianWorks of Defence (Amendment) Act, 1974
1974
1974 51 The Reserve Bank of India (Amendment) Act , 1974 The whole.
1974 53 TheNavy (Amendment) Act, 1974 Thewhole.
1974 55
The whole .
The Delhi Municipal Corporation (Amendment) Act,
1974
36 The Repealing and Amending Act , 1974 1974
1974 59
The whole .
The whole .
The Punjab Municipal ( Chandigarh Amendment) Act,
1974
60
1974
Thewhole.
The Working Journalists (Conditions of Service) and Miscellaneous Provisions (Amendment) Act, 1974
65
1974
The whole .
The Salaries and Allowances of Members of Parliament (Amendment) Act , 1974 .
1 The Indian Tariff (Amendment) Act , 1975 1975
2
1975
The whole .
The whole.
The Requisitioning and Acquisition of Immovable Pro- perty (Amendment) Act, 1975
1975 3
The whole .
The North -Eastern Areas ( Reorganisation ) Amendment
Act, 1975
The whole.
TheAir Force and Army Laws (Amendment) Act , 1975
1975 13
The Trust Laws (Amendment) Act, 1975 1975 16
1975 19
Thewhole.
Section 9 .
The All- India Services Regulations ( Indemnity) Act,
1975
1975 23 The All - India Services (Amendment) Act, 1975 Section 2 .
1975 24 The Former Secretary of State Service Officers ( Con-
ditions of Service) Amendment Act, 1975 The whole.
1975 28 The Companies ( Temporary Restrictions on Dividends)
Amendment Act , 1975 The whole ,
1975 gi
Thewhole,
TheNagaland State Legislature (Delegation of Powers)
Act, 1975
38
1975
The whole .
The Employees' State Insurance (Amendment) Act, 1975
SEC, 11
THE GAZETTE OF INDIA EXTRAORDINARY
Year
ShortTitle
I
No. 2
3
39
1975
517
Extent of repeal
4
The whole ,
TheMaintenance of Internal Security (Amendment) Act ,
1975
1975 44
The whole .
The Telegraph Wires ( Unlawful Possession) Amendment
Act, 1975
1975 45 The Agricultural Refinance Corporation ( Amendment) Act , 1975
1975 46
Sub-section ( 1 ) of section 2 and sections 3 to 15 .
The whole .
The Provident Funds (Amendment) Act , 1975
1975 47
The whole,
The Indian Coinage (Amendment) Act , 1975
1975 48
The whole .
The Salaries and Allowances of Members of Parliament (Amendment) Act, 1975
1975 50
The whole .
The National Cadet Corps ( Amendment) Act , 1975
52
1975
The Public Financial Institutions Laws (Amendment) Act ,
1975
Sections 2 to 20 and 22 to 51 .
Hyderabad Regulation
The whole,
The Indian Union Police Force Regulation , 1958 Fasli (Hyderabad Regulation No. XXV of 1358F. ) 518
THE GAZETTE OF INDIA EXTRAORDINARY
(PART II-
THE SECOND SCHEDULE
(See section 3 )
AMENDMENTS
Short title
Amendments
Year No.
I
2
4
3
1908 5 The Code ofCivil Procedure , 1908, ( 1) In sub - section ( 2) of section 123 ,
(i) in clause (c) , the word " and" occur- ring at the end shall be omitted;
(ii) clause (d) shall be omitted.
(2) In the First Schedule, in Order XXI , in rule 23, in sub -rule ( 1 ) , for the words " the last preceding rule" , the word and figures " rule 22" shall be substituted .
1951
( a) In sub -section ( 1) of section 11A ,-
43 The Representation of the People Act, 1951 .
(i) the brackets and letter " ( a) " occur- ring before the words " is convicted" shall be omitted;
(i) the word " or" occurring before the words " he shall " shall be omitted.
(b) In sub- section (3) ofsection 33 , for the words , brackets , letter and figure " clause (f) of section 7" , the word and figure "section 9" shall be substituted.
74 The Central Sales Tax Act , 1956
1956
In item ( i) of clause ( 10) of section 14, for the words " ingot moulds bottom plates" , the words " ingot moulds, bottom plates" shall be substituted .
26
1978
The Coal Mines (Nationalisation) Act, 1973 .
In clause (6) of sub- section ( 2) of section 22, for the word and figures " section the word and figures " section 14" shall be substituted.
4
1974
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 .
1975 43 The Delhi Sales Tax Act , 1975 (i) In sub -section ( 3 ) of section 14, in the second proviso , for the words" points of sale", the words " point of sale" shall be substituted.
(ii) In sub-section ( 4) of section 19, for the words " the firm who changed consti- tution", the words " the firm which changed the constitution" shall be substituted .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1 ]
519
Short title
Amendments
No.
I
2
4
3
2
1976
The Burmah Shell (Acquisition of Undertakings in India) Act, 1976.
In sub- section (2) of section 15 , after the words " secretary or other officer " , the words " of the company , such director , manager , secretary or other officer" shall be inserted .
R. V. S. PERI SASTRI , Secy . to the Govt . of India .
CORRIGENDA
In the Scheduled Castes and Scheduled Tribes Orders (Amendment ) Act, 1976 (108 of 1976 ) , as published in the Gazette of India, Part II , Section 1 , dated the 20th September , 1976 ,-
(1) at page 1371 , in the long title,-
(i) in line 4 , " parliamentry " , read " parliamentary" ;
(ii) in line 5 , for " necessiatated" , read "necessitated " and for " of" , read " or " ;
(2) at page 1373 , in section 6 ,-
(i) in sub -section ( 1 ) ,
(a) in line 4, after " 1976 " , omit " , " ;
(b) in line 5, after " such Order) ", insert ", " ;
(ii) in sub - section ( 2 ) , line 1, for " iamendments " , read "amendments" ;
(3) at page 1389 , in Part IV , at serial No. 29 , for "Vitola" read "Vitolia" .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI , 1978