THE REPEALING AND AMENDING (SECOND) BILL, 2017

Transcription

1 AS INTRODUCED IN LOK SABHA Bill No. 164 of 2017 THE REPEALING AND AMENDING (SECOND) BILL, 2017 A BILL to repeal certain enactments and to amend certain other enactments. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows: This Act may be called the Repealing and Amending (Second) Act, The enactments specified in the First Schedule are hereby repealed. 3. The enactments specified in the Second Schedule are hereby amended to the extent and in the manner mentioned in the fourth column thereof. 4.The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already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 or discharge 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; Short title. Repeal of certain enactments. Amendment of certain enactments. Savings.

2 2 nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or 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the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. 5

3 THE FIRST SCHEDULE (See section 2) REPEALS Year Act No. Short title Central Acts 1850 XXI The Caste Disabilities Removal Act, VII The Madras Uncovenanted Officers Act, XXI The Howrah Offences Act, XII The Calcutta Pilots Act, III The Government Seal Act, XVI The North-Western Provinces Village and Road Police Act, XX The Central Provinces Laws Act, XIX The Dramatic Performances Act, XIV The Hackney-carriage Act, XIX The Raipur and Khattra Laws Act, XIII The Fort William Act, XXI The Madras Forest (Validation) Act, X The Bikrama Singh's Estates Act, XXI The Oudh Wasikas Act, III The Police Act, VIII The Indian Tolls Act, II The Porahat Estate Act, XV The Government Grants Act, VIII The Reformatory Schools Act, X The Prevention of Seditious Meetings Act, VII The Bengal, Bihar and Orissa and Assam Laws Act, XXV The Sir Currimbhoy Ebrahim Baronetcy (Amendment) Act, XVII The Cattle-trespass (Amendment) Act, XX The Sheriff of Calcutta (Powers of Custody) Act, XI The Public Suits Validation Act, XXIV The Bengal Suppression of Terrorist Outrages (Supplementary) Act, XX The Criminal Law Amendment Act, IV The Berar Laws Act, XVIII The Weekly Holidays Act, XXIII The War Injuries (Compensation Insurance) Act, XVI The Trading with the Enemy (Continuance of Emergency Provisions) Act, The Junagadh Administration (Property) Act, The Requisitioned Land (Apportionment of Compensation) Act, The Professions Tax Limitation (Amendment and Validation) Act, IV The Preventive Detention Act,

4 L The Preventive Detention (Amendment) Act, The Cooch-Behar (Assimilation of Laws) Act, The Part B States (Laws) Act, IV The Preventive Detention (Amendment) Act, The Railway Companies (Emergency Provisions) Act, The Part C States (Miscellaneous Laws) Repealing Act, The Displaced Persons (Debts Adjustment) Act, The Part B States Marriages Validating Act, XXXIV The Preventive Detention (Amendment) Act, LXI The Preventive Detention (Second Amendment) Act, The Abducted Persons (Recovery and Restoration) Amendment Act, The Government of Part C States (Amendment) Act, The Transfer of Evacuee Deposits Act, The Absorbed Areas (Laws) Act, The Chandernagore (Merger) Act, The Preventive Detention (Amendment) Act, The Commanders-in-Chief (Change in Designation) Act, The Abducted Persons (Recovery and Restoration) Continuance Act, The Bar Councils (Validation of State Laws) Act, The Indian Cotton Cess (Amendment) Act, The Abducted Persons (Recovery and Restoration) Continuance Act, The Representation of the People (Miscellaneous Provisions) Act, The Delhi Tenants (Temporary Protection) Act, The Forward Contracts (Regulation) Amendment Act, The Legislative Councils Act, The Preventive Detention (Continuance) Act, The Pharmacy (Amendment) Act, The Tripura Municipal Law (Repeal) Act, The Bilaspur Commercial Corporation (Repeal) Act, The Mahendra Pratab Singh Estates (Repeal) Act, The Tripura Excise Law (Repeal) Act, The Emergency Risks (Goods) Insurance Act, The Emergency Risks (Factories) Insurance Act, The Institutes of Technology (Amendment) Act, The Delhi Development (Amendment) Act, The Delhi (Delegation of Powers) Act, The Goa, Daman and Diu (Absorbed Employees) Act, The Anti-Corruption Laws (Amendment) Act, The International Monetary Fund and Bank (Amendment) Act, The Asian Refractories Limited (Acquisition of Undertaking) Act, 1971.

5 The Uttar Pradesh Cantonments (Control of Rent and Eviction) (Repeal) Act, The Coking Coal Mines (Nationalisation) Act, The Coal Mines (Nationalisation) Act, The All-India Services Regulations (Indemnity) Act, The Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, The Parliamentary Proceedings (Protection of Publication) Repeal Act, The National Library of India Act, The Indian Iron and Steel Company (Acquisition of Shares) Act, The Braithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, The Disputed Elections (Prime Minister and Speaker) Act, The Smith, Stainstreet and Company Limited (Acquisition and Transfer of Undertakings) Act, The Gresham and Craven of India (Private) Limited (Acquisition and Transfer of Undertakings) Act, The Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, The Bolani Ores Limited (Acquisition of Shares) and Miscellaneous Provisions Act, The Punjab Excise (Delhi Amendment) Act, The Bengal Chemical and Pharmaceutical Works Limited (Acquisition and Transfer of Undertakings) Act, The Dangerous Machines (Regulation) Act, The Punjab Municipal (New Delhi Amendment) Act, The Aluminium Corporation of India Limited (Acquisition and Transfer of Aluminium Undertaking) Act, The Bengal Immunity Company Limited (Acquisition and Transfer of Undertakings) Act, The Customs (Amendment) Act, The Brentford Electric (India) Limited (Acquisition and Transfer of Undertakings) Act, The National Thermal Power Corporation Limited, the National Hydroelectric Power Corporation Limited and the North-Eastern Electric Power Corporation Limited (Acquisition and Transfer of Power Transmission Systems) Act, The Neyveli Lignite Corporation Limited (Acquisition and Transfer of Power Transmission System) Act, The Delhi Development Authority (Validation of Disciplinary Powers) Act, The Customs (Amendment) Act, The Copyright (Amendment) Act, The Direct-tax Laws (Miscellaneous) Repeal Act, The Forfeiture (Repeal) Act, The Influx from Pakistan (Control) Repealing (Repeal) Act, The Indian Universities (Repeal) Act, The Auroville (Emergency Provisions) Repeal Act, The Central Sales Tax (Amendment) Act, 2001.

6 The Two-Member Constituencies (Abolition) and other Laws Repeal Act, The Mysore State Legislature (Delegation of Powers) Repeal Act, The Countess of Dufferin's Fund (Repeal) Act, The Prevention of Food Adulteration (Extension to Kohima and Mokokchung Districts) Repeal Act, The Refugee Relief Taxes (Abolition) Repeal Act, The Cable Television Networks (Regulation) Amendment Act, The Displaced Persons Claims and other Laws Repeal Act, The Immigration (Carriers' Liability) Amendment Act, The Central Sales Tax (Amendment) Act, The National Commission for Minority Educational Institutions (Amendment) Act, The Cess Laws (Repealing and Amending) Act, The Taxation Laws (Amendment) Act, The Spirituous Preparations (Inter-State Trade and Commerce) Control (Repeal) Act, The Produce Cess Laws (Abolition) Act, The Indian Rifles (Repeal) Act, The Mizoram University (Amendment) Act, The Competition (Amendment) Act, The Central Universities Laws (Amendment) Act, The Competition (Amendment) Act, The National Commission for Minority Educational Institutions (Amendment) Act, The Jharkhand Panchayat Raj (Amendment) Act, The Copyright (Amendment) Act, The Central Educational Institutions (Reservation in Admission) Amendment Act, Ordinances made by the Governor-General 1941 VII The War Injuries Ordinance, XX The Collective Fines Ordinance, XLI The Armed Forces (Special Powers) Ordinance, XXI The Public Health (Emergency Provisions) Ordinance, XXIV The War Gratuities (Income-tax Exemption) Ordinance, XXX The Secunderabad Marriage Validating Ordinance, II The Bank Notes (Declaration of Holdings) Ordinance, VI The Criminal Law Amendment Ordinance, X The Termination of War (Definition) Ordinance, 1946.

7 THE SECOND SCHEDULE (See section 3) AMENDMENTS Year Act No. Short title Amendments The Plantations Labour Act, 1951 In section 43, sub-section (4) shall be omitted The Juvenile Justice (Care and Protection of In section 69, in sub-section (2), for the Children) Act, 2015 words, brackets and letters "mentioned at (d) to (f)", the words, brackets, letters and figure "mentioned at clauses (d) to (f) of sub-section (1)" shall be substituted The Rights of Persons with Disabilities Act, 2016 In section 76, after the word, brackets and letter, "clause (b)", the words, brackets and figure "of sub-section (1)" shall be inserted. 7

8 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 the retention whereof as separate Acts is unnecessary are repealed or by which the formal defects detected in enactments are corrected. 2. The notes which follow explain the reasons for the amendments suggested in such of those items of the Bill in respect whereof some detailed explanation is necessary. 3. Clause 4 of the Bill contains a precautionary provision in the form of saving clause which it is usual to include in the Bill of this kind. NEW DELHI; The 8th August, RAVI SHANKAR PRASAD PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA [Letter No. 1(7)/2017-L.I dated from Shri Ravi Shankar Prasad, Minister of Law and Justice to the Secretary General, Lok Sabha] The President, having been informed of the subject matter of the proposed Bill, recommends under clause (1) of article 117 of the Constitution of India, the introduction of the Repealing and Amending (Second) Bill, 2017 in Lok Sabha. 8

9 NOTES ON THE SECOND SCHEDULE 1. The Plantations Labour Act, The amendment proposed to the Act seeks to rectify the mistake that had inadvertently crept in the said Act. 2. The Juvenile Justice (Care and Protection of Children) Act, The amendment proposed to the Act seeks to rectify patent errors. 3. The Rights of Persons with Disabilities Act, The amendment proposed to the Act seeks to rectify patent errors. 9

10 ANNEXURE EXTRACT FROM THE PLANTATION LABOUR ACT, 1951 General power to make rules. Steering Committee of Authority. Action of appropriate authorities on recommendation of Chief Commissioner. (69 OF 1951) 43. (1) (4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. EXTRACT FROM THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 (2 OF 2016) 69. (1) (2) Criteria for the selection or nomination of the Members mentioned at (d) to (f), their tenure as well as the terms and conditions of their appointment shall be such as may be prescribed. EXTRACT FROM THE RIGHT OF PERSONS WITH DISABILITIES ACT, 2016 (49 OF 2016) 76. Whenever the Chief Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 75, that authority shall take necessary action on it, and inform the Chief Commissioner of the action taken within three months from the date of receipt of the recommendation: Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the Chief Commissioner within a period of three months, and shall also inform the aggrieved person. 10

11 LOK SABHA A BILL to repeal certain enactments and to amend certain other enactments. (Shri Ravi Shankar Prasad, Minister of Law and Justice) GMGIPMRND 1823LS