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The Repealing and Amending Act, 1978

Amendment Act · 197818,387 characters of text

The enactment

TypeAmendment Act
Year1978
StatusIn force as published by the source
TextPublished as one document, as the source published it

Full text

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-(D)-72 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 4a] NEW DELHI, TUESDAY, NOVEMBER 38, 1978/AGRAHAYANA 7, 1900 Separate Paging is given to this Part in order that it may be filed as a separate compilation Hyd. Reg. XXV of

1358F. MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 28th November, 1918/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 information:— 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 Republic of India as follows:—

1. This Act may be called the Repealing and Amending Act, 1978.

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 The enactments specified in the First Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

Explanation.—In this section and in section 4, "enactment" includes the Indian Union Police Force Regulation, 1358 Fasli.

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 The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already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 Short title. Repeal of certain enactments. Amendment of certain enactments. Savings. ( 5 " ) 512 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 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; 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. THE FIRST SCHEDULE (See section 2) REPEALS Year I 197o •971 "971 I971 ' 9 7 ' '971 I971 •97 l 197 '97 I971 '97i I971 1971 1971 '971 1971 i97i No. a 41 7 15 16 2 1 3 3 31 33 35 36 39 41 44 45 49 53 54 33 Short Title 3 Central Acts The Iron Ore Mines Labour Welfare Cess (Amendment) Act, 1970 Tac Imports and Exports (Control) Amendment Act, 1971 Tne State of Himachal Pradesh (Amendment) Act, 1971 Tuc Labour Provident Fund Laws (Amendment) Act, 1971 The Gold ^Control) Amendment Act, 1971. The S-iUries and Allowances of Officers of Parliament (Amendment) Act, 1971 . . . . The West Bengal State Legislature (Delegation of Powers) Act, 1971 The Indian Telegraph (Amendment) Act, 1971 The Gujarat State .Legislature (Delegation of Powers) A«, 1971 The Punjab State Legislature (Delegation of Powers) Act, 1971 The Agricultural Refinance Corporation (Amendment) Act, 4971 The Prevention of Food Adulteration (Amendment) Act, 197! The Stamp and Excise Duties (Amendment) Act, 1971 . The Industrial Disputes (Amendment) Act, 1971 The Air Corporations (Amendment) Act, 1971 The Forward Contracts (Regulation) Amendment Act, I97J T h e Coal Bearing Areas (Acquisi t ion a n d Development) A m e n d m e n t a n d Val ida t ion Act , 1971 T h e Arms (Amendmen t ) Ac t , 1971 . . . . Ex ten t of repeal 4 The whole. The whole. The whole. The whole. Sections 3, 3 and li. _The whole. The whole. The wholc.j The whole The whole. The whole. Sections 3 and 3. The whole. The whole. The whole. The whole. Sections a to 7. The whole.| Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY 513 Year 1 1971 1971 I97i 197' '97i 1971 I87i 197' i97i I97i J971 •971 197a 1973 197a 1973 197a 1972 197a 197a 197a 1972 1973 1972 <972 197a 197a 1972 1972 1972 197a No. a 37 66 67 7 ' 7a 74 75 77 78 79 80 83 7 8 10 13 a i 2 2 23 25 37 29 3 1 3a 33 •34 37 38 40 41 43 Short title 3 The Visva-Bharatl (Amendment) Act, 1971 . , The Essential Commodities (Amendment) Act, 1971 The Indian Tariff (Amendment) Act, 1971 The DelhiRoad Transport Laws (Amendment! Act, 1971. The Industries (Development and Regulation) Amendment Act. 1Q71 . . . . . . . The Personal Injuries (Emergency Provisions) Amendment Act, 1971 . . , . . . , , The Personal Injuries (Compensation Insurance) Amendment Act, 1971 . . . . . . . The Supreme Court Judges (Conditions of Service) Amendment Act, 1971 . . . . . . . The High Court Judges (Conditions of Service) Amendment A c t , 1 0 , 7 1 . . . . . . . . The Commissions of Inquiry (Amendment) Act, 1971 The Companies (Amendment) Act, 1971 The Government of Union Territories (Amendment) Act, 1971 . . . . . . . . The Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 197a . . . . . . The Administrators General (Amendment) Act, 1972 The Contingency Fund of India (Amendment) Act, 197a. The Aircraft (Amendment) Act, 1972 . . . , The Maternity Benefit f Amendment) Act, 1972 The Cantonments (Extension of Rent Control Laws) Amendment Act, 1972 . . . . . . The Secunderabad and Aurangabad Cantonments House Rent Control Law (Repeal) Act, 1972 The Taxation Laws (Extension to Jammu and Kashmir) Act, 1972 . . . . . . . . The General Insurance (Emergency Proviiions) Amendment Act, 1973 . . . . . . . The Salariei and Allowances of Members of Parliament (Amendment) Act, 197a . . . . . The Criminal Law (Amendment) Act, 1972 . The Industrial Disputes (Amendment) Act, 197a The University Grants Commission (Amendment) Act, I97a The Aligarh Muslim University (Amendment) Act, 1975 The Supreme Court (Enlargement of Criminal Appellate Jurisdiction} Amendment Art, 1972- . The Indian Telegraph (Amendment) Act, 197a The Victoria Memorial (Amendment) Act, 197a The Income-tax (Amendment) Act, 1972 The Dentists (Amendment) Act, 1973 . . . - Extent of repeal 4 Sections a to 12 and 14. Sections 2, 3 and 5. The whole. Sections 2 and 8. Sections 3 to 10, Sections 3 and 3. Sections 2,3 and 4. The whole. The whole. Sections a to 14. The whole. The whole. Sections 2 to 4. The whole. The whole. The whole. Th<- whole. The whole. The whole. Sub-section (j) of section 3 and the Schedule. Sections 2 and 3. The whole. The whole. The whole. Sections 2 to 8 and 10. Sections a to 32. The whole. The whole. The whole. Sections a, 3 and 6. The whole. 5M THE GAZETTE OF INDIA EXTRAORDINARY [PAST II— Year i 197a 1972 1972 197a 1972 1972 1972 1972 1972 1972 197a 1972 1972 1972 197a 197a 1972 1972 1972 1972 1973 «973 1973 1973 1973 '973 "973 1973 1973 •973 No. 2 45 46 47 4 0 49 54 55 56 57 58 60 61 67 68 69 70 71 73 74 75 77 1 2 3 8 17 2 0 2 2 33 as «7 Short title 3 The Taxation Laws (Amendment) Act, 1972 The Insecticides (Amendment) Act, 1972 . , The Rice-Milling Industry (Regulation) Amendment Act, >972 The Delhi University (Airenclment) Act, 1972 The Punjab New Capital (Periphery) Control (Chandigarh Amendment) Act, 197a . . . . . The Rulers of Indian States (Abolition of Privileges) Act, i97a The Seeds (Amendment) Act, 1972 . . . . The Mines and Minerals (Regulation and Development) Amendment Act, 197a . The General Insurance Business (Nationalisation) Act, 1972 The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 The Khadi and other Handioom Industries Development (Additional Excise Duty on Cloth) Amendment Act, 197a The Central Sales Tax (Amendment) Act, 1972 The Food Corporations (Amendment) Act, 1972 The Payment of Bonus (Amendment) Act, 197a The Carriage by Air Act, 197a . . . . . The Coal Mines Labour Welfare Fund (Amendment) Act, 1972 The Indian Railways (Amendment) Act, 1972 The Indian Tariff (Amendment) Act, 1972 The Industrial Finance Corporation (Amendment) Act, >973 The Industrial Development Bank of India (Amendment) Act, 1973 . . . . . . . . The State Financial Corporations (Amendment) Act, 1972 The Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1973 . . . . The Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973 The Seaward Artillery Practice (Amendment) Act, 1973 The Andhra Pradesh State Legislature (Delegation of Powers) Act, 1973 . . . . . . . The Capital of Punjab (Development and Regulation) (Chandigarh Amendment) Act, 1973 The Orisia State Legislature (Delegation of Powers) Act, 1973 . . . . . , . , The Central Excises and Salt (Amendment) Act, 1973 The Manipur State Legislature (Delegation of Powers) Act, 1973 The Cinematograph (Amendment) Act, 1973 | The Apprentices (Amendment) Act, 1973 Extent of repeal 4 Sections a to 24. The whole. The whole. The whole. The whole. The whole. The whole. The whole.

Section 40.

Section 19. Sections 2 and 3. Section! 2 to 13. The whole. The whole.

Section 9. The whole. The whole. The whole. The whole. The whole. The whole.

Section 3. The whole. The whole. Sections 2 to S. The whole. The wholfc The whole. Sections a to 4. Tbc whole. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 515 Year I «973 1973 1973 '973 >973 1973 «973 '973 ip73 1973 1973 1973 •973 1973 1973 •973 1973 >973 1973 '973 •974 »974 1974 J974 «974 1974 1974V «974 "974 No. a 3a 33 36 37 39 40 41 44 45 47 48 , 49 51 5a 34 55 58 60 66 67 3 5 0 11 3 1 ^3 26 20 Short title 3 The National do-operativo Development Corporation (Amendment) Act, 1973 . . . . . . The Uttar Pradesh State Legislature (Delegation of Powers) Act, 1973 . . . . . . The Customs, Gold (Control) and Central Excises and Salt (Amendment) Act, 1973 . . . . . The Agricultural Refinance Corporation (Amendment) Act, 1973 The Payment 01 uonus (Amendment) Act, 1973 The Employees' Provident Funds and Family Pension Fund (Amendment) Act, 1973 . . . . . The Coking and Non-coking Coal Mines (Nationalisation) Amendment Act, 1973 . . . . . . The Reserve Bank of India (Amendment) Act, 1973 The Indian Railways' (Amendment) Act, 1973 . The Foreign Awards (Recognition and Enforcement) Amendment Act, 1973 • * The State Bank Laws (Amendment) Act, 1973 The Code of Civil Procedure (Amendment) Act, 1973 . The Textiles Committee (Amendment) Act, 1973 . The Maternity Benefit (Amendment) Act, 1973 The Indian Railways (Second Amendment) Act, 1973 . ^Ttir Pavmcnt oi Bonus (Second Amendment) Act, 1973 . The Central Excises and Salt (Second Amendment) Act, 1 0 - 7 3 . . . . . . . . . The Advocates (Amendment) Act, 1973 The Income-tax (Amendment) Act, 1973 The Industries (Development and Regulation) Amendment Act, 1973 The National Co-operative Development Corporation (Amendment) Act, 1974 . . . . . The Presidential and Vice-Presidential Elections (Amendment) Act, 1974 The North-Eastern Areas (Reorganisation) Amendment Act, 1974 The Gujarat' State Legislature (Delegation of Powen) Act, 1974 The Estate Duty (Distribution) Amendment Act, 1974 . The Additional Duties of Excise (Gooda of Special Importflinrip^ AtncnrliTifnt Act IQ1A- • • \jfLlll-Cj x̂ XllC-J-1LLJ.11L1.1L f l v l - | JfT"" * The Union Duties of Excise (Distribution) Amendment Act, 1974 The Direct Taxes (Amendment) Act, 1974 . The Coal Mines (Cori'ervation and Development) Act, 1974 Extent of repeal 4 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.

Section 3. The whole. The whole- Section a. The whole. The whole. The whole. The whole. The whole. The whole. The whole. The whole. Sections a to 21.

Section 19. 5 j 6 THK GAZETTE OF INDIA EXTRAOBEHNARY [FART h— Year I 1974 1974 '974 1974 1974 •974 »974 '974 '974 '974 1974 1974 '974 '974 1974 1974 '974 '974 1974 "974 »975 >975 •975 '975 "975 '975 1975 '975 1975 '975 1975 No. a 39 3° 33 33 36 40 4 ' 4« 45 46 48 49 3° 5' 53 55 96 59 60 65 1 a 3 13 16 '9 fl4 28 3' 38 1 Short title 3 The Major Port Trusti (Amendment) Act, 1974, . The Essential Commodities (Amendment) Act, 1974 The Industrial (Development and Regulation) Amendment Act, 1974 . . . . . . . The Aloock Ashdown Company limited (Acquisition of Undertakings) Amendment Act, 1974 The Indian Iron and Steel Company (Taking Over of Management) Amendment Act, 1974 . . . The Esso (Acquisition of Underaklngi In India) Amendment Act, 1974 . . . . . . The Companies (Amendment) Act, 1974 The Payment of Bonus (Amendment) Act, 1974 The Intcrat-tax Act, 1974 The Delhi Sikh Gurdwaras (Amendment) Act, 1974 The Indian Telegraph (Amendment) Act, 1974 The Small Coins (Offences) Amendment Act, 1974 The Indian Works of Defence (Amendment) Act, 1974 . The Reserve Bank of India (Amendment) Act, 1974 The Navy (Amendment) Act, 1974 . . . . The Delhi Municipal Corporation (Amendment) Act, 1974 Tbc Repealing and Amending Act, 1974 The Punjab Municipal (Chandigarh Amendment) Act, I Q 7 4 . . . . . . . . . * i j / ^ " • * * " " The Working Journalists (Conditions of Service) and Miscellaneous Provisions (Amendment) Act, 1974 The Salaries and Allowances of Members of Parliament (Amendment) Act, 1974 The Indian Tariff (Amendment) Act, 1975 . The Requisitioning and Acquisition of Immovable Property (Amendment) Act, 1975 The North-Eastern Areas (Reorganisation) Amendment Act, 1975 The Air Force and Army Laws (Amendment) Act, 1975 . The Trust Law* (Amendment) Act, 1975 The All-India Services Regulatorm (Indemnity) Act, 1975 The All-India Services (Amendment) Act, 1975 . The Former Secretary of State Service Officers (Conditions of Service) Amendment Act, 1975 . The Companies (Temporary Restrictions on Dividends) Amendment Act, 1973 . . . . . . The Nagaland State Legislature (Delegation of Powers) Act, 1975 . . . . . . The Employees' State Insurance (Amendment) Act, 1975 Extent of repeal 4 Sections a to 39. Sections a to la and>

14. The whole. The whole. The whole. The whole. The whole. The whole.

Section 30. Tbe whole. Section a. The whole. The whole. Tbe whole. The whole. The whole. The whole. The whole •M- *A%* •• l i U i V l The whole. The whole. The whole. The whole. The whole. The whole. The whole.

Section 3. Section a. The whole. The whole. The whole. The whole. £EC. i j THE GAZETTE OF INDIA EXTRAORDINARY in Year 1 '975 •975 '975 •975 '975 '975 '975 '975 No. a 39 44 45 46 47 48 5° Short Title 3 The Maintenance of Internal Security (Amendment) Act, 1975 The Telegraph Wires (Unlawful Possession) Amendment Act, 1975 The Agricultural Refinance Corporation (Amendment) Act, ra.75 The Provident Funds (Amendment) Act, 1975 The Indian Coinage (Amendment) Act, 1975 The Salaries and Allowances of Members of Parliflmerit (Amendment^ Art 10*7* The National Cadet Corps (Amendment) Act, 1975 The Public Financial Institutions Laws (Amendment) Act, '975 Hyderabad Regulation The Indian Union Police Force Regulation, 195O Fasli (Hyderabad Regulation No. XXV of 1358F.) Extent of repeal 4 The whole. The whole. Sub-sectioh (1) of section 2 and sections 3 to 15. The whole. The whole. The whole. The wliole. Sections a to 20 and aa to 51. The whole. 518 THE GAZETTE Ot INDIA EXTRAORDINARY [PAHT n - THE SECOND SCHEDULE (See section 3) AMENDMENTS Year i 1908 I951 1973 1974 »975 No. a 5 43 74 a6 4 43 Short title 3 The Code of Civil Procedure, 1908^ The Representation of the People Act, 1951. The Central Sales Tax Act, 1936 , The Goal Mines (Nationalisation) Act, 1973. The Esso (Acquisition of Undertakings in India) Act, 1974. The Delhi Sales Tax Act, 1975 . Amendments 4 _(l) In sub-section (3) of lection 103,— {{) in clause (c), the word "and" occurring at the end shall be omitted;

(ii) clause (J) shall be omitted.

(3) In the First Schedule, in Order XXI, in rule 33, ui sub-rule (1), for the words "Lhe last preceding rule", the word and figures "rule «a" shall be substituted.

(a) In sub-section (j) of section 11A,—

(l) the brackets and letter "(a)" occurring before the words "is convicted" shall be omitted; {ii) the word *for" occurring before the words "he shall" shall be omitted.

(4) In sub-section (j) of section 33, for the words, brackets, letter and figure "clause ( / ) of section 7", the word and figure ''section 9" shall be substituted. In item (i) of clause {ID) of section 14, for the words "ingot moulds bottom plates", the words "ingot moulds, bottom plate*" shall be substituted. In clause (4) of sub-section (a) of section as, for the word and figures "section 15", the word and figures "section 14" shall be substituted. 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. («) In sub-section (j) of section 14, in the second proviso, for the words "pointo of sale", the words "point of sale shall be substituted. {ii) In sub-section {4) 01' section 19, for the words "the firm who changed constitution", the words "the firm which changed the constitution" shall be substituted. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINAHY 519 I 1976 No. 2 2 Short title 3 The Burmah Shell (Acquisition of Undertaking* in India) Act, "976. Amendments 4 In jub-section (j) of section 15, after the words "secretary or other officer", the wnrds "of the company, such director, manaifcr, iecrctary 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, Sejllon 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". fRtN^KD BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRXflS, MINTO HOAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 7 8

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