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The Repealing and Amending Act, 1964

Amendment Act · 196415,796 characters of text

The enactment

TypeAmendment Act
Year1964
StatusIn force as published by the source
TextPublished as one document, as the source published it

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The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

REGISTERED NO. D. 221 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 50] NEW DELHI, WEDNESDAY, DECEMBER 30, 1964/PAUSA 9, 1886 Separate paging is given to this Par t in order that it may be filed as a separate compilation MINISTRY OF LAW (Legislative Department) New Delhi, the 30th December, 1964/Pausa 9, 1886 (Saka) The following Act of Parliament received the assent of the President on the 29th December, 1964, and is hereby published for general information:— THE REPEALING AND AMENDING ACT, 1964 No. 52 of 1964 [29th, December, 1964), An Act to repeal certain enactments and to amend certain other enactments BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows: —

1. This Act may be called the Repealing and Amending Act, 1964.

2. The enactments specified in the First Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

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 The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; Short title. Repeal of certain enactments. Amendment of certain enactments Saving. 471 765 G. of I- Ex.—1. 472 THE GAZETTE OF INDIA EXTRAORDINARY [PART II 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 of 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; 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. For the removal of doubts, it is hereby declared that where this Act repeals any enactment by which the text of "any other enactment, not being a Central Act, Ordinance or Regulation, was amended by the express omission, insertion or substitution of any matter, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the commencement of this Act. Effect of npealof •mending SEC. 1] THE GAZETTE OF INDIA KXTRAORDaNAitV 473 THE FIRST SCttELHJtE (See section 2) REPEALS Year T 1939 1959 '959 1959 1959 1959 I9J9 1959 1959 '959 1959 1959 1959 1959 1959 '959 No. 1 14 3 4 8 9 13 M •5 Tfi 2 0 2 t 3 2 24 15 16 38 30 Short JTitlc Central Act> The Barsi Light Railway Company (Transferred Liabilities) Act, 1954. The Cinematograph (Amendment) Act, 1959- The Delhi Land Reforms (Amendment) Act, 1959. The Workmen's, 'Compensation (Amendment) Act, 19^9. The Delhi Panchayat Raj (Amendment1) Act,

1959. The Indian Railways (Amendment) Act,

1959. The Reserve Bank of India (Amendment) Act, 1959. The Chartered Accountants (Amendment) Act, 1959. The Indian Lighthouse (Amendnienr) Act, 1959- The Bengal Finance (Sales Taxi (Delhi Amendment) Act, 1959. The Displaced Persons (Compensation and Rehabilitation) Amendment Act, 1959. The Census (Amendment) Act, 1959. The Pharmacy (Amendment) Act, 1959 The International Monetary Fund and Bank f Amendment) Act, 1959. The State Bank of India (Amendment) Act, 1959. The Road Transport Corporations (Amend* menO Act, 1959. The Wakf (Amendment) Act, 1959. | Extent of repeal 4 The whole. The whole. Sections 2 to 19 and sub-section (1) of section 20. The whole. The whole. The whole. The whole. The whole. . The whole. The whole. The whole. The whole. Sections 2 to 17. The whole. The whole The whole. The whole. 4^4 ^HE GAEETTE OF INDIA EXTRAORDINARY [PAOT II Year i 1959 t959 1959 i959 1959 1*59 3 959 *959 *959 1959 1959 1959 1959 i960 i960 i960 i960 i960 19/50 I;>60 i.s-So No. 2 •32. 33 37 38 4i 44 45 49 5O 52 59 60 6 2 1 2 4 5 14 16 17 18 Short title 3 The Indian Electricity (Amendment) Act,

1959. The Banking Companies (Amendment) ACt, 1959. The Central Excises and Salt (Amendment) Act, 1959. The State Bank of India (Subsidiary Banks) Act, 1959. The Criminal Law ^Amendment) Act, 1959- The Public Debt (Amendment) Act,

1959. The Government Savings Banks (Amendment) Act, 1959. The Securities Contracts (Regulation) Amendment Act, iy59. The Kerala State Legislature (Delegation of Powers) Act, 1959- The Indian Penal Code (Amendment) Act, 1959. The Mineral Oils (Additional Duties of Excise and Customs) Amendment Act, I9J9- The Indian Tariff (Amendment) Act,

1959. The Mines (Amendment) Act, 1959. The Administration of Evacuee Property (Amendment) Act, i960. The Displaced Persons (Compensation and Rehabilitation) Amendment Act, i960. The Imports and Exports (Control) Amendment Act, i960. The Motor Vehicles (Amendment) Act, i960. The Reserve Bank of India (Amendment) Act, i960. The Estate Duty (Amendment) Act, i960. The Supreme Court (Number of Judges) Amendment Act, i960. The Indian Boilers (Amendment) Act, i960. Extent of repeal 4 The whole. The whole.

Section 2.

Section 64 and the Third Schedule.

Section 2. The whole. Tho whole. The whole. The whole. The whole. Sections 2 and 3. The whole. The whole. The whole. Sections 2, to 10. The whole.

Section 2. The whole. Sections 2 and 3. The whole. Sections 2 to 2«. SEC. 1] TlEE GAZETTE OF INDIA EXTRAORDINARY 4 7 j Year i i960 i960 i960 i960 i960 i960 i960 i960 i960 i960 i960 i960 i960 * 1960, i960-;1 I960 I960 I960 I960 I960 I960 No. 2 2 0 21 22 23 24 25 26 a? 34 35 37 38 4 0 41 42 44 45 46 51 52 55 Short title The Representation of the People (Amendment) Act, 1960. The Rubber (Amendment) Act, i960 The Cotton Transport (Amendment) Act, i960. The Banking Companies (Amendment) Act, i960. The Delhi Land Holdings (Celling) Act, i960. The Agricultural Produce (Grading and Marking) Amendment Act, i960. The Press and Registration of Books (Amendment) Act, i960. The Evacuee Interest (Separation) Amendment Act, i960. jThc Plantations Labour (Amendment) Act i960. The^Drugs (Amendment) Act, i960 The Banking Companies (Second Amende ment) Act, i960. The Central Excises (Conversion to Metric Units) Act, i960. Tile Customs Duties and Cesses (Conversion to Metric Units) Act, i960. The Standards of Weights and Measures (Amendment) Act, i960. The Indian Trade Unions (Amendment) Act, i960. The Indian Aircraft (Amendment) Act, i960. The Indian Museum (Amendment) Act, i960. The Employees' Provident Funds 'Amendment) Act, i960. The Motor Vehicles (Second Amendment) Act, i960. The Indian Post Office (Amendment) Act, i960. The Indian Tariff (Amendment) Act, i960. Extent of repeal -) The whole. The whole, Sections 2 and 3, The whole.

Section 28, The whole. The whole. The whole. The whole. The whole. Sections 2 to 9. Sections 2 to 8 and the First and Second Schedules. Sections 2 to 9 and the Schedule. The whole. The whole. The whole. Sections z to 12. The whole. The whole. The whole. The whole. 476 THE GAZETTE OF INDIA. EXTRAORDINARY [PAKI 11 Year i i960 i960 i960 i960 i960 1961 1961 1961 1961 1961 1961 1961 1961 1961 1961 1961 1961 1961 19A1 1961 1961 i No. 56 61 62 65 66 7 8 I I 13 15 16 17 19 21 24 29 3 i 32 34 39 4 0 Short title 3 The Code of Criminal Procedure (Amendment) Act, i960. The Preventive Detention (Continuance) Act, i960. The Forward Contracts (Regulation) Amendment Act, i960. The Companies (Amendment) Act, i960. The IndustrialFiniuict Corporation (Amendment) Act, i960. The Banking Companies (Amendment) Act,

1961. The Railway Passenger Fares (Repeal) Act, 1961- The Insurance (Amendment) Act, 1961. The Orissa State Legislature (Delegation of Powers) Act, 1961. The Telegraph Laws (Amendment) Act,

1961. The Industrial Employment (Standing Orders) Amendment Act, 1961. The Essential Commodities (Amendment) Act, 1961- The Medicinal and Toilet Preparations (Kxcise Duties) Amendment Act, 196j. The Delhi Shopp and Establishments (Amendment) Act, 1961. The Coal Mines (Conservation and Safety) Amendment Act, 1961. The Marking of Heavy Packages (Amendment) Act, 1961. The Minimum Wages (Amendment) Act,

1961. The Khadi and Village Industries Commission (Amendment) Act, 1961. The Salt Cess (Amendment) Act, 1961 . The Indian Railways (Amendment) Act, 1961- The Representation of the People (Amendment) Act, 1961. Extent of repeal 1 4 The whole. The whole The whole. Sections x tu 307 M»d 209 to 218. The whole Sections 2 to 3. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. Sue. 1.1 THE GAZETTE OF INDIA EXTRAORDINARY ^77- Year 1 1961 T961 1961 1961 1961 1961 1961 1961 1961 igftt 1 44 1948 No. 4* 41 44 47 4R 50 51 (So * i IK 2 Short title 3 The Indian lJcnal Code (Amendment) Act,

1961. The Delhi Municipal Corporation (Amendment) ACT, 1961. The Indian Standard* Institution (Certification Marks! Amendment Act, 1961. The Deposit Insurance Corporation Aci,

1961. The Codec (Amendment) Act, 1961, The High Court Judges (Conditions of Service) Amendment Act, 1961. The Industries (Development and Regulation) Amendment Act, 1961. Tlie Apprentices Act, 1961 The Indian Tariff (Amendment) Act, 1961 The Visva-Hharaii (Amendment) Act, 1961 The Delhi Univxrsiiy (Amendment) Act, TQrtj . Other Eruictttmnts The Patlala State Penal Deductions Ordio»nce. 2000 BK. The Paiialg Armed Band» (Arrest and Detention) Ordinance, 2005 BK. Extent of repeal 4 The whok. The whole. The wholr.

Section 51 and the Se^vnd Schedule. The whole. The whole. The whole.

Section 38. The whole. The whole. The whole. The whole. The whole. 478 THE GAZETTE OF INDIA EXTRAORDINARY [PART II THE SECOND SCHEDULE (See section 3) AMENDMENTS Year 1 1898 1925 1925 J949 No. 2 5 26 39 24 Short title 3 Central Acts The Code of Criminal Procedure, 1898. The Indian Carriage of Goods by Sea Act, 1925. The Indian Succession Act, I925- The Delhi Hotels (Control of Accommodation) Act, 1949. Amendments 4 In section 118, the brackets and figure " ( J ) " at the commencement shall be omitted.

(1) In the Preamble—

(a) in the first paragraph, the word* "including the delegates representing His Majesty" shall be omitted;

(6) for the third and fourth paragraphs, the following paragraph shall be substituted, namely:— "AND WHEREAS it is expedient that the said rules as so amended and as set out with modifications in the Schedule should, subject to the provisions of this Act, have the force of law with a view to establishing the responsibilities, liabilities, rights and immunities attaching to carriers under bills of lading; It Is hereby enacted as follows:—";

(it) In section 7, for the words, figures and brackets "four hundred and fortysix to four hundred and fifty, both inclusive, five hundred and two, and five hundred and three of the Merchant Shipping Act, 1894 (57 & 58 Viet., c. 60), as amended by any subsequent enactment", the following words, figures and brackets shall be substituted, namely:— "331 and 35J of the Merchant Shipping Act, 1958 (44 of I9J8)B. In sub-section (j) of section 213, in clause

(tt), for the words "ordinary civil Jurisdiction", -the words "ordinary original civil Jurisdiction" shall be substituted. (0 For sub-section (a) of section I, tht following sub-section shall be substituted, namely:— "(3) It extends to the areas which immediately before the 7th April, 1958, were included In the jurisdiction of— SBC 1] THE GAZETTE OF INDIA EXTRAORDINARY 479 Year 1 1949 1956 1957 1957 1959 i960 No. 2 38 1 61 66 47 n Short title 3 The Chartered Accountants Act, 1949. The Companies Act, 1956. The Delhi Development Act, 1957. The Delhi Municipal Corporation Act, 1957. The Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959. The Bombay Reorganisation Act, 1960, Amendments 4

(a) the Municipality of New Delhi;

(6) the Notified Area Committee, Civil Station, Delhi."; (»•() For the words " Estate Officer", wherever they occur, the words "Director of Estates " shall be substituted. In item (9) of Part I of the First Schedule, for the figures "226", the figures "225" shall be substituted.

(i) In section 3 (1) (it) of the Act, as extended to the Union territory of Goa, Daman and Diu, in clause (g), the words, brackets and figures "(Carta Lei of the n t h April, 1901)* shall be omittedj

(u) In clause (c) of sub-section (4) of section 56, for the words "was immaterial", the words "were immaterial " shall be substituted ;

(iii) In sub-section (1) of section 620, for the figures "639" the figures and letter "619A" shall be substituted. In sub-section Q) of section 3, in clause (/) for the words 'two representatives ", the words "three representatives" shall be substituted. (0 In the heading to section 184, the words "Taxes on motor vehicles and" shall be omitted ;

(ii) In clause (a) of sub-section (j) of section 397, sub-clauses C'O and (iii) shall be omitted. In the First Schedule, against "Dotada" village, in the column headed "Area in Bighas"— (0 for the figures "926" against Khasara No. 565, the figures ' ^ i " shall be substituted ;

(ii) for the figures "200" against Khasaru No. 367, the figures 205" shall be substituted. In the Eighth Schedule, under the heading "Part IV—Gujarat", in item 12 below entry 1, for the expression "Koli, DhOr", the expression "Koli Dhor " shall be substituted. 765 G of I Ex—2 4A0 THS QAZtfTTE 6 F INDIA EXTRAORDINARY [PART t l Year 1 1961 1962 1962 1963 I9«3 No. 25 Si 55 36 47 Short title 3 The Advocates Act, 1961. The Defence of India Act, 19P2. The Manipur (Sales of Motor Spirit and Lubrictnti) Taxation Act,

1962. The Limitation Act, 1963. The Specific Reli f Act, I9«3- Amendments 4 In sub-section (j) of section 49A, for the words " under this Act", the words "under this section" shall be^substituted. In sub-section (j) of section 35, the word "by " occurring after the words " shall not prejudice " shall be omitted. In the first proviso to section 15, for the words "under this sub-section" the words " under this section" shall be substituted. In the Schedule,— (t1) in the entry in the first column against article 98, for the words and figures " an order under rule 63 or rule 103," the words and figures "an order referred to in rule 63 or in rule 103 " shall be substituted; («') in the entry in the third column against article 136, for the word "Where", where that word first occurs, the word "When" shall be substituted. («') In^clause («) of sub-section (j) of section 12, after the word, brackets and letter "clause (£>),", the words " pays or kas paid" shall be inserted; (it1) In clause (b) of sub-section ( J ) of section 22, for the words " made to" the wordt "made by" Bhall be substituted. Sue. 1] t t t E GAZETTE OF INDIA EXTRAORDINARY 4S1 Vear l No. 2 Short title Acts in force in the Union territory of Delhi. The Punjab Municipal Act, 1911 (Punjab Act 3 Of 1911)5 as in force inthe Union territory oD elhi. The United Provinces M unicipjilities Act, 191 6 (United Provinces Act 2 of 1916), as in force in the Union territory of Delhi. Amendments 4 - Section 151 shall be omitted.

Section 248 shall be omitted. R. C S. SARKAR, Secy, to the Govt, of India. PHTNTMD IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INBIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1964

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