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REPEALING AND AMENDING ACT, 1978
38 of 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 Republic of India as follows :-
SECTION 01: SHORT TITLE
- This Act may be called The Repealing and Amending Act, 1978.
SECTION 02: REPEAL OF CERTAIN ENACTMENTS
- The enactments specified in the First Schedule are hereby repealed lo the extent mentioned in the fourth column thereof. Explanation.- In this section and insection 4, "enactment" includes the Indian Union Police Force Regulation, 1358 Fasli.
SECTION 03: AMENDMENT OF CERTAIN ENACTMENTS
- The enactments specified in the Second Schedule are hereby amended to the extent and in the manner mentioned in the fourth column thereof.
SECTION 04: 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- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to: and this Act shall not affect the validity, invalidity, effect or consequences of anything already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 any release or discharge of or from any debt, penalty, obli- gation, liability, claim or demand, or any indemnity 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 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 repeated: 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.
SCHEDULE 01: REPEALS
Year 1 No. 2 Short Title 3 Extent of repeal 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) AmendmentAct, 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 ofPowers)Act, 1971 The whole. 1971 39 The Agricultural Refinance Corporation (Amendment) Act .. 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 Corporations (Amendment) 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 Viswa-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 Sections 2 and 8 1971 72 The Industries (Development and Regulation) Amendment Act, 1971 ... Sections 2 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 to 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, 1972 .. 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.l972 The whole. 1972 21 The Maternity Benefit (Amendment) Act, 1972 The whole. 1972 22 The Cantonment (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 25 The Taxation Laws (Extension lo Jammu and Kashmir) Act, 1972 Sub-section (3) of section 2 and the Schedule 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 Law (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 The whole 1972 46 The Insecticides (Amendment) Act, 1972 The whole 1972 47 The Rice-Miling 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 vileges) 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 Insuran Business Section 40 (Nationalisation ) Act, 1972 1972 58 The Indian Copper Corporation (Acquisition Section 19 of undertaking) Act, 1972 1972 60 The Khadi and other Handloom Industries Development Section 2 & 3 (Additional Excise duty on cloth) Amendment Act, 1972 1972 61 The Central Sales Tax (Amendmnen) Act, 1972 Section 2 and 3 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 Corporation (Amendment) Act, 1972 The whole 1973 1 The Requisitioning and Acquisition of Immoveable Property (Amendment) Act, 1973 The whole 1973 2 The Diplomatice and Consular Officers (Oaths and Fees)(Extension to Jammu and Kashmir) Act, 1973 Section 3 1973 3 The Seaward Artillery Practive (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 The whole 1973 20 The Orissa State Le;gislature (Delegation 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 Cinematograph (Amendment) Act, 1973 Section 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 Cooking and Non-Cooking Coal Mines (Nationalisation )(Amendment) Act, 1973 The whole 1973 44 The Reserve bank of india (Amendment) Act, 1972 The whole 1973 45 The Indian Railwasy (Amendment) Act, 1972 The whole 1973 47 The Foreign Awards(Recognition and Enforcement (Amendment) Act, 1973 The whole 1973 48 The State Bank Laws (Amendment) Act, 1972 The whole 1973 49 The Code of Civil Procedure (Amendment) Act, 1973 The whole 1973 51 The Textile Committee (Amendment) Act, 1973 The whole 1973 52 The Maternity Benefit (Amendment) Act, 1973 The whole 1973 54 The Indian Railways(Amendment) Act, 1973 The whole 1973 55 The Payment of Bonus (Second Amendment) Act, 1973 Section 2 1973 58 The Central Excise 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 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, 1974 The whole 1974 11 The Gujarat State Legislature (Delegation of powers ) Act, 1974 The whole 1974 21 The Estate Dutu (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 The whole 1974 26 The Direct Taxes (Amendment) Act, 1974 section2 to 21 1974 28 The Coal Mines (Conservation and Development) (Amendment) Act, 1974 section 19 1974 29 The Major Port Trusts (Amendment) Act, 1974 section 2 to 59 1974 30 The Essential Commodities (Amendment) Act, 1974 ss2 to 12 and 14 1974 32 The Industries (Development and Regulation) (Amendment) Act, 1974 The whole 1974 33 The Alcock Ashdown Company Limited (acquisition of undertagins) (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 Undertaking 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 (Amendment) Act, 1974 section 30 1974 46 The Delhi Sikh (Gurdwars 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 (Chandigarh Amendment) (Amendment) Act, 1974 The whole 1974 60 The Working Journalists (Conditions of service) and Miscellellaneous Provisions (Amendment) Act, 1974 The whole 1974 65 The Salaries and Allowance 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) (Amendment) Act, 1975 section 3 1975 23 The All India Services (Amendment) Act, 1974 section 2 1975 24 The Former Secretary of State Service (Officers Conditions of Service) (Amendment) Act, 1974 The whole 1975 28 The Companies (Temporaty Restrictions on Dividends )(Amendment) Act, 1974 The whole 1975 31 The Nagaland State Legislature (Delegation of Powers) (Amendment) Act, 1974 The whole 1975 38 The Employees State Insurance (Amendment) Act, 1974 The whole 1975 39 The Maintenance of Internal Security (Amendment) Act, 1974 The whole 1975 44 The Telegraph Wires (Unlawful possession ) (Amendment) Act, 1974 Sub-section(1) of section 2 and sec- tions 3 to 15 1975 45 The Agricultural Refinance Corporation (Amendment) Act, 1974 The whole 1975 46 The Provident Funds (Amendment) Act, 1974 The whole 1975 47 The Indian Coinage (Amendment) Act, 1974 The whole 1975 48 The Salaries and Allowances of Members of Parliament (Amendment) Act, 1974 The whole 1975 50 The National Cadet Corps, (Amendment) Act, 1974 The whole Year No. Short Title Extent of repeal 1 2 3 4 1975 52 The Public Financial Institutions Laws (Amendment) Act, 1975 Sections 2 to 20 and 22 lo 51 Hyderabad Regulation The Indian Union Police Force Regulation, 1358 Fasli (Hyderabad Regulation No. XXV of 1358F.) .. ... .. .. .. The whole
SCHEDULE 02: AMENDMENTS
Year No. Short title Amendments 1 2 3 4 1908 5 The Code of Civil Procedure, 1908 (1) In sub-section (2) of section 123,-(i) in clause (c), the word "and" occurring at the end shall he 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 words and figures "rule 22" shall be substituted. 1951 43 The Representation of the People Act. 1951 (a) In sub-section (1) of section 11 A,- (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, letter and figure "clause (f) of section 7", the word and figure "section 9", shall he 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 (Nationalisation) Act, 1973 In clause (b) of sub-section (2) of section 22, for the word and figures "section 15". the word and figures "section 14" shall be substituted. 1974 4 The Esso (Acquisition of Undertaking 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 "the "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 (Acquisition of Undertakings ill 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.
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