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REPEALING AND AMENDING ACT, 1978

Ministry of Law and Justice

Act nº 38 of 1978


  • Schedules
  • Act nº 38 of 1978

Preamble

THE REPEALING AND AMENDING ACT, 1978

[Act, No. 38 of 1978]

[26th November, 1978]

PREAMBLE

An act to repeal certain enactment's and to amend certain other enactment's.

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

Section 1. Short title

This Act may be called the Repealing and amending Act, 1978.

Section 2. Repeal of certain enactments

The enactment's specified in the First Schedule are hereby repealed to the extent mentioned din the fourth column thereof.

Explanation.-- In this section and in section 4, "enactment" includes the Indian Union Police Force Regulation, 1358 Fasli (Hyd.Reg.XXV of 1358F).

Section 3. Amendment of certain enactments

The enactment's specified in the second Schedule are hereby amended to the extent and in the manner mentioned in the fourth column thereof.

Section 4. Savings

The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;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 nay release or discharge of or from any debt, penalty, obligation, liability, claim or demand or nay indemnity already granted, or the proof of any past act or thing;

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same respectively may have been in any manner affirmed or recognized or derived by, in our from any enactment hereby repealed;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

Schedules

First Schedule

THE FIRST SCHEDULE

[See section 2] REPEALS

Year

No.

Short title

Extent of Repeal

1

2

3

4

Central Acts

1970

41

The Iron Ore Mines Labour Welfare Cess (Amendment) Act, 1970.

The Whole

1971

7

The 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

The Whole

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 Indian Telegraph (Amendment) act, 1971

The Whole.

1971

35

The Gujarat State Legislature (Delegation of Powers) Act, 1971,

The Whole.

1971

36

The Punjab State Legislature (Delegation of powers) Act, 1971

The Whole.

1971

39

The Agricultural Refinance Corporation (Amendment) act, 1971

The Whole.

1971

41

The Prevention of Food adulteration (Amendment) Act, 1971,

Sections 2 and 3.

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 Corporation (Amendments) Act, 1971.

The Whole.

1971

53

The Forward Contracts (Regulation) Amendment Act, 1971, .

The Whole.

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.

1971

57

The Visva-Bharati (Amendment) Act, 1971.

Sections 2 to 12 and 14.

1971

66

The Essential Commodities (Amendment) Act, 1971 Sections 2 3 and 5.

1971

67

The Indian Tariff (Amendment) Act, 1971 ..

The Whole.

1971

71

The Delhi Road Transport Laws (Amendment) act 1971,

1971

72

The Industries (Development and Regulation) Amendment Act, 1971,

Sections 2 o 10.

1971

74

The Personal Injuries (Emergency Provisions) Amendment Act, 1971,

Sections 2 and 3

1971

75

The Personal Injuries (Compensation Insurance) Amendment act, 1971,

Sections 2, 3 and 4.

1971

77

The Supreme Court Judges (Conditions of Service) Amendment act, 1971

The Whole.

1971

78

The High Court Judges (Conditions of Service) Amendment Act, 1971,

The Whole.

1971

79

The Commissions of Inquiry (Amendment) Act, 1971

Sections 2 o 14.

1971

80

The Companies (Amendment) Act, 1971.

The Whole.

1971

83

The Government of Union Territories (Amendment) Act, 1971

The whole.

1972

7

The Armed forces (Assam and Manipur) Special Powers (Amendment) Act, 1971

Sections 2 to 4.

1972

8

The Administrators General (Amendment) Act 1972

The Whole.

1972

10

The Contingency Fund of India (Amendment) Act, 1972,

The Whole.

1972

12

The Aircraft (Amendment) Act, 1972

The Whole.

1972

21

The Maternity Benefit (Amendment)Act, 1972

The Whole.

1972

22

The Cantonments (Extensions 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

25

The Taxation Laws (Extension to Jammu and Kashmir) Act, 1972 of section 2 and the Schedule.

Sub-section (3)

1972

27

The General Insurance (Emergency Provisions) Amendment Act, 1972,

Sections 2 and 3

1972

29

The Salaries and Allowances of Members of Parliament (Amendment) Act, 1972

The Whole.

1972

31

The Criminal Laws (Amendment) Act, 1972,

The Whole.

1972

32

The Industrial Disputes (Amendment) Act, 1972

The Whole

1972

33

The University Grants Commission (Amendment) Act, 1972,

Sections 2 to 8 and 10.

1972

34

The Aligarh Muslim University (Amendment) Act, 1972

Sections 2 to 32.

1972

37

The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Amendment Act, 1972,

The Whole,

1972

38

The Indian Telegraph (Amendment) Act, 1972

The whole.

1972

40

The Victoria Memorial (Amendment) Act, 1972, The Whole.

1972

41

The Income-tax (Amendment) Act, 1972,

Sections 2 3 and 6.

1972

42

The Dentists (Amendment) Act, 1972.

The whole.

1972

45

The taxation Laws (Amendment) act, 1972.

Sections 2 to 24,

1972

46

The Insecticides (Amendment) act, 1972.

The Whole.

1972

47

The Rice-Milling Industry (Regulation) Amendment Act, 1972.``

The Whole.

1972

48

The Delhi University (Amendment) Act, 1972.

The Whole.

1972

49

The Punjab New capital (Periphery) Control (Chandigarh Amendment) Act, 1972.

The whole.

1972

54

The Rulers of Indian States (Abolition of Privileges) Act, 1972.

The Whole.

1972

55

The Seeds (Amendment) Act, 1972.

The Whole

1972

56

The Mines and Minerals (Regulation and Development) Amendment Act, 1972.

The Whole.

1972

57

The General Insurance Business (Nationalization) Act, 1972.

Section 40.

1972

58

The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972.

Section 19.

1972

60

The Khadi and other Handloom Industries Development (Additional Excise Duty on Cloth) Amendment Act, 1972.

Sections 2 and 3.

1972

61

The Central Sales Tax (Amendment) Act, 1972.

Sections 2 to 13.

1972

67

The Food Corporations (Amendment) Act, 1972.

The whole.

1972

68

The Payment of Bonus (Amendment) Act, 1972.

The whole.

1972

69

The Carriage by Air Act, 1972.

Section 9.

1972

70

The Coal Mines Labour Welfare Fund (Amendment) Act, 1972.

The Whole.

1972

71

The Indian Railways (Amendment) Act.1972.

The Whole.

1972

73

The Indian Tariff (Amendment) Act, 1972.

The whole.

1972

74

The Industrial Finance Corporation (Amendment) act 1972.

The Whole

1972

75

The Industrial Development Bank of India (Amendment) Act, 1972.

The whole.

1972

77

The state Financial Corporations (Amendment) act, 1972

The whole.

1973

1

The Requisition and Acquisition of Immovable Property (Amendment) Act, 1973

Section 3,

1973

2

The Diplomatic and consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973.

The Whole.

1973

3

The Seaward Artillery Practice (Amendment) Act. 1973

The Whole,

1973

8

The Andhra Pradesh state Legislature (Delegation of Powers) Act, 1973.

The Whole.

1973

17

The Capital of Punjab (Development and Regulation) Chandigarh Amendment) Act, 1973.

Sections 2 to 6.

1973

20

The Orissa State Legislature (Delegation of Powers) Act, 1973.

The Whole.

1973

22

The Central Excises and Salt (Amendment) Act, 1973.

The Whole.

1973.

23

The Manipur State Legislature (Delegation of Powers) Act, 1973.

The Whole.

1973

25

The Cinematorgraph (Amendment) Act, 1973.

Sections 2 to 4.

1973.

27

The Apprentices (Amendment) Act, 1973.

The Whole.

1973

32

The National Co-operative Development Corporation (Amendment) act, 1973.

The Whole.

1973

33

The Uttar Pradesh State Legislature (Delegation of Powers) Act, 1973.

The whole.

1973

36

The Customs, Gold (Control) and Central Excises and Salt (Amendment) act, 1973.

The Whole.

1973

37

The agricultural Refinance Corporation (Amendment) Act, 1973.

The Whole.

1973

39

The Payment of Bonus (Amendment) Act, 1973.

The Whole.

1973

40

The Employees; Provident Funds and family Pension Fund (Amendment) Act, 1973.

The Whole.

1973

41

The Coking and non-coking Coal Mines (Nationalization) Amendment Act, 1973.

The Whole.

1973

44

The Reserve Bank of India (Amendment) Act, 1973.

The whole.

1973

45

The Indian Railways (Amendment) Act, 1973.

The Whole.

1973

47

The Foreign Awards (Recognition and enforcement) Amendment Act, 1973.

The Whole.

1973

48

The State Bank Laws (Amendment) Act, 1973.

The Whole.

1973

49

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

The Whole.

1973

51

The Textiles Committee (Amendment) act, 1973. The whole.

1973

52

The Maternity Benefit (Amendment) Act, 1973.

The Whole.

1973

54

The Indian Railways (Second Amendment) act, 1973.

The whole.

1973.

55

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

Section 2.

1973

58

The Central Excises and Salt (Second Amendment) Act, 1973.

The whole.

1973

60

The Advocates (Amendment) Act, 1973.

The Whole.

1973

66

The Income-tax (Amendment) Act, 1973.

Section 2.

1973

67

The Industries (Development and Regulation) Amendment act, 1973.

The Whole.

1974

3

The National Co-operative Development Corporation (Amendment) Act, 1974.

The whole.

1974

5

The Presidential and vice-presidential Elections (Amendment) act, 1974.

The Whole.

1974

8

The North-Eastern Areas (Reorganisation) Amendment) Act, 1974.

The Whole.

1974

11

The Gujarat State Legislature (Delegation of Powers) Act, 1974.

The Whole.

1974

21

The Estate Duty (Distribution) Amendment) Act, 1974.

The Whole.

1974

22

The Additional Duties of excise (Goods of special Importance) Amendment Act, 1974.

The Whole.

1974

23

The Union Duties of Excise (Distribution) Amendment act, 1974.

Sections 2 to 21.

1974

28

The Coal Mines (Conservation and development) Act, 1974.

Section 19.

1974

29

The Major Port Trusts (Amendment) act, 1974.

Sections 2 to 39.

1974

30

The Essential Commodities (Amendment) act, 1974.

Sections 2 to 12 and

1974

32

The Industries (Development and Regulation) amendment act, 1974.

The whole.

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

The Payment 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.

1974

50

The Indian works of Defence (Amendment) Act, 1974.

The whole.

1974

51

The Reserve Bank of India (Amendment) Act, 1974.

The Whole.

1974

53

The Navy (Amendment) Act, 1974

The Whole.

1974

55

The Delhi Municipal Corporation (Amendment) act, 1974.

The Whole.

1974

56

The Repealing and Amending act, 1974.

The Whole.

1974

59

The Punjab Municipal (Chandigarah Amendment) Act, 1974.

The whole.

1974

60

The working Journalists (Conditions of Service) and Miscellaneous Provisions ( Amendment) Act, 1974.

The Whole.

1974

65

The salaries and Allowances of Members of Parliament (Amendment) Act, 1974.

The whole.

1975

1

The Indian Tariff (Amendment) Act, 1975.

The whole.

1975

2

The Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975.

The whole.

1975

3

The North-Eastern Areas (reorganisation) Amendment Act, 1975.

The whole.

1975

13

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

The Whole.

1975

16

The Trust Laws (Amendment) Act, 1975.

The Whole.

1975

19

The All-India Services Regulations (indemnity) Act, 1975.

Section 3.

1975

23

The All-India Services.(Amendment) Act, 1975.

Section 2.

1975

24

The Former Secretary of State Service Officers (Conditions of service) Amendment Act, 1975.

The Whole.

1975

28

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

The Whole.

1975

31

The Nagaland and State Legislature (Delegation of Powers) Amendment Act, 1975.

The Whole.

1975

38

The Employees State Insurance (Amendment) Act, 1975.

The Whole.

1975

39

The Maintenance of Internal Security (Amendment) Act 1975.

The whole.

1975

44

The Telegraph Wires (Unlawful Possession) Amendment Act, 1975.

The whole.

1975

45

The agricultural Refinance Corporation (Amendment) Act, 1975. sections 3 to 15.

Sub-section (1) of section 2 and

1975

46

The Provident Funds (Amendment) Act, 1975.

The whole.

1975

47

The Indian Coinage (Amendment) Act, 1975.

The Whole.

1975

48

The salaries and Allowances of Members of Parliament (Amendment) act, 1975.

The whole.

1975

50

The National Cadet corps (Amendment) Act, 1975.

The Whole.

1975

52

The Public Financial Institutions Laws (Amendment) act, 1975. Hyderabad Regulation The Indian Union Police Force Regulation, 1358 Fasli (Hyderabad Regulation No.XXV of 1358F.)

Sections 2 to 20 and 22 to 58. The whole.

Second Schedule

THE SECOND SCHEDULE

[See section 3]

AMENDMENTS.

Year

No.

Short title

Amendments

1

2

3

4

1908

5

The Code of Civil Procedure, 1908.

(I) In sub-section (2) of section 123,-(i)in clause (c), the word "and" occurring 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 (I) for the words "he last preceding rule" the word and figures "rule 22" shall be substituted.

1951

43

The Representation of the people Act,

(a) In sub-section (I) of section 11A,-(i) the brackets and letter "(a)" occurring before the words "is convicted shall be omitted;(ii) the word "or" occurring before the words "he shall' shall be omitted; (b) In sub-section (3) of section 33, for the words, brackets, letters and figure "clause (f) of section 7&" the word and figurer "section 9" shall be substituted.

1956

74

The Central Sales Tax Act, 1956

In item (I) of clause (iv) of section 14, for the words "ingot moulds bottom plates" the words "Ingot moulds, bottom plates" shall be substituted.

1973

26

The Coal Mines (Nationalization) Act,1973

In clause (b) of sub-section (2) of section 22, for the words and figures "section 15" the word and figures "section 14" shall be substituted.

1974

4

The Esso (Acquisition of Undertakings 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 constitution," the words "the firm which changed the constitution" shall be substituted.

1976

2

The Burmah Shell in India) Act, 1976.

(Acquisition of Undertakings In sub-section 92), 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.