Repealing and Amending (Second) Act, 2017

Last updated

Repealing and Amending (Second) Act, 2017
Emblem of India.svg
Parliament of India
  • An Act to repeal certain enactments and to amend certain other enactments.
Citation Act No. 4 of 2018
Territorial extentIndia
Passed by Lok Sabha
Passed19 December 2017
Passed by Rajya Sabha
Passed28 December 2017
Assented to5 January 2018
Commenced8 January 2018
Legislative history
First chamber: Lok Sabha
Bill titleThe Repealing and Amending (Second) Bill, 2017
Bill citation Bill No. 164 of 2017
Bill published on11 August 2017
Introduced by Ravi Shankar Prasad
Related legislation
Status: Spent

The Repealing and Amending (Second) Act, 2017 is an Act of the Parliament of India that repealed 131 Acts, and also repealed nine Ordinances promulgated by the Governor-General of India before independence. It also made minor amendments to The Plantations Labour Act, 1951, The Juvenile Justice (Care and Protection of Children) Act, 2015, and The Rights of Persons with Disabilities Act, 2016. The Act was the fifth such repealing act tabled by the Narendra Modi administration aimed at repealing obsolete laws.

Contents

Background and legislative history

Prime Minister Narendra Modi advocated the repeal of old laws during his 2014 general election campaign. At the 2015 Economic Times Global Business Summit, Modi stated, "Our country suffers from an excess of old and unnecessary laws which obstruct people and businesses. We began the exercise of identifying unnecessary laws and repealing them. 1,877 Central laws have been identified for repeal." [1]

The Repealing and Amending (Second) Bill, 2017 was introduced in the Lok Sabha on 11 August 2017 by the Minister of Law and Justice, Ravi Shankar Prasad. The bill sought to repeal 131 Acts, including over 30 Acts enacted before independence, and also sought to repeal 9 Ordinances promulgated by the Governor General of India before independence. It also sought to make minor amendments to delete some provisions, and rectify drafting errors in The Plantations Labour Act, 1951, The Juvenile Justice (Care and Protection of Children) Act, 2015, and The Rights of Persons with Disabilities Act, 2016. [2]

The bill was passed by the Lok Sabha on 19 December 2017 and by the Rajya Sabha on 28 December 2017. The bill received assent from President Ram Nath Kovind on 5 January 2018, and was notified in The Gazette of India on 8 January 2018. [3]

Repealed Acts

The 131 Acts included in the bill's First Schedule were completely repealed.

YearAct No.Short title
11850XXIThe Caste Disabilities Removal Act, 1850
21857VIIThe Madras Uncovenanted Officers Act, 1857
31857XXIThe Howrah Offences Act, 1857
41859XIIThe Calcutta Pilots Act, 1859
51862IIIThe Government Seal Act, 1862
61873XVIThe North-Western Provinces Village and Road Police Act, 1873
71875XXThe Central Provinces Laws Act, 1875
81876XIXThe Dramatic Performances Act, 1876
91879XIVThe Hackney-carriage Act, 1879
101879XIXThe Raipur and Khattra Laws Act, 1879
111881XIIIThe Fort William Act, 1881
121882XXIThe Madras Forest (Validation) Act, 1882
131883XThe Bikrama Singh's Estates Act, 1883
141886XXIThe Oudh Wasikas Act, 1886
151888IIIThe Police Act, 1888
161888VIIIThe Indian Tolls Act, 1888
171893IIThe Porahat Estate Act, 1893
181895XVThe Government Grants Act, 1895
191897VIIIThe Reformatory Schools Act, 1897
201911XThe Prevention of Seditious Meetings Act, 1911
211912VIIThe Bengal, Bihar and Orissa and Assam Laws Act, 1912
221917XXVThe Sir Currimbhoy Ebrahim Baronetcy (Amendment) Act, 1917
231921XVIIThe Cattle-trespass (Amendment) Act, 1921
241931XXThe Sheriff of Calcutta (Powers of Custody) Act, 1931
251932XIThe Public Suits Validation Act, 1932
261932XXIVThe Bengal Suppression of Terrorist Outrages (Supplementary) Act, 1932
271938XXThe Criminal Law Amendment Act, 1938
281941IVThe Berar Laws Act, 1941
291942XVIIIThe Weekly Holidays Act, 1942
301943XXIIIThe War Injuries (Compensation Insurance) Act, 1943
311947XVIThe Trading with the Enemy (Continuance of Emergency Provisions) Act, 1947
32194826The Junagadh Administration (Property) Act, 1948
33194951The Requisitioned Land (Apportionment of Compensation) Act, 1949
34194961The Professions Tax Limitation (Amendment and Validation) Act, 1949
351950IVThe Preventive Detention Act, 1950
361950LThe Preventive Detention (Amendment) Act, 1950
37195067The Cooch-Behar (Assimilation of Laws) Act, 1950
3819513The Part B States (Laws) Act, 1951
391951IVThe Preventive Detention (Amendment) Act, 1951
40195151The Railway Companies (Emergency Provisions) Act, 1951
41195166The Part C States (Miscellaneous Laws) Repealing Act, 1951
42195170The Displaced Persons (Debts Adjustment) Act, 1951
4319521The Part B States Marriages Validating Act, 1952
441952XXXIVThe Preventive Detention (Amendment) Act, 1952
451952LXIThe Preventive Detention (Second Amendment) Act, 1952
4619544The Abducted Persons (Recovery and Restoration) Amendment Act, 1954
4719547The Government of Part C States (Amendment) Act, 1954
48195415The Transfer of Evacuee Deposits Act, 1954
49195420The Absorbed Areas (Laws) Act, 1954
50195436The Chandernagore (Merger) Act, 1954
51195451The Preventive Detention (Amendment) Act, 1954
52195519The Commanders-in-Chief (Change in Designation) Act, 1955
53195530The Abducted Persons (Recovery and Restoration) Continuance Act, 1955
5419564The Bar Councils (Validation of State Laws) Act, 1956
55195650The Indian Cotton Cess (Amendment) Act, 1956
56195665The Abducted Persons (Recovery and Restoration) Continuance Act, 1956
57195688The Representation of the People (Miscellaneous Provisions) Act, 1956
58195697The Delhi Tenants (Temporary Protection) Act, 1956
59195732The Forward Contracts (Regulation) Amendment Act, 1957
60195737The Legislative Councils Act, 1957
61195754The Preventive Detention (Continuance) Act, 1957
62195924The Pharmacy (Amendment) Act, 1959
63196031The Tripura Municipal Law (Repeal) Act, 1960
64196047The Bilaspur Commercial Corporation (Repeal) Act, 1960
65196048The Mahendra Pratab Singh Estates (Repeal) Act, 1960
66196053The Tripura Excise Law (Repeal) Act, 1960
67196262The Emergency Risks (Goods) Insurance Act, 1962
68196263The Emergency Risks (Factories) Insurance Act, 1962
69196329The Institutes of Technology (Amendment) Act, 1963
70196356The Delhi Development (Amendment) Act, 1963
71196423The Delhi (Delegation of Powers) Act, 1964
72196550The Goa, Daman and Diu (Absorbed Employees) Act, 1965.
73196716The Anti-Corruption Laws (Amendment) Act, 1967
74196941The International Monetary Fund and Bank (Amendment) Act, 1969
75197165The Asian Refractories Limited (Acquisition of Undertaking) Act, 1971
76197168The Uttar Pradesh Cantonments (Control of Rent and Eviction) (Repeal) Act, 1971
77197236The Coking Coal Mines (Nationalisation) Act, 1972
78197326The Coal Mines (Nationalisation) Act, 1973
79197519The All-India Services Regulations (Indemnity) Act, 1975
80197622The Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, 1976
81197628The Parliamentary Proceedings (Protection of Publication) Repeal Act, 1976
82197676The National Library of India Act, 1976
83197689The Indian Iron and Steel Company (Acquisition of Shares) Act, 1976
84197696The Braithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976
85197716The Disputed Elections (Prime Minister and Speaker) Act, 1977
86197741The Smith, Stainstreet and Company Limited (Acquisition and Transfer of Undertakings) Act, 1977
87197742The Gresham and Craven of India (Private) Limited (Acquisition and Transfer of Undertakings) Act, 1977
88197813The Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978
89197842The Bolani Ores Limited (Acquisition of Shares) and Miscellaneous Provisions Act, 1978
90197912The Punjab Excise (Delhi Amendment) Act, 1979
91198058The Bengal Chemical and Pharmaceutical Works Limited (Acquisition and Transfer of Undertakings) Act, 1980
92198335The Dangerous Machines (Regulation) Act, 1983
93198439The Punjab Municipal (New Delhi Amendment) Act, 1984
94198443The Aluminium Corporation of India Limited (Acquisition and Transfer of Aluminium Undertaking) Act, 1984
95198457The Bengal Immunity Company Limited (Acquisition and Transfer of Undertakings) Act, 1984
96198580The Customs (Amendment) Act, 1985
97198736The Brentford Electric (India) Limited (Acquisition and Transfer of Undertakings) Act, 1987
98199324The 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, 1993
99199456The Neyveli Lignite Corporation Limited (Acquisition and Transfer of Power Transmission System) Act, 1994
10019996The Delhi Development Authority (Validation of Disciplinary Powers) Act, 1998
10119998The Customs (Amendment) Act, 1998
102199949The Copyright (Amendment) Act, 1999
103200020The Direct-tax Laws (Miscellaneous) Repeal Act, 2000
104200048The Forfeiture (Repeal) Act, 2000
105200133The Influx from Pakistan (Control) Repealing (Repeal) Act, 2001
106200136The Indian Universities (Repeal) Act, 2001
107200137The Auroville (Emergency Provisions) Repeal Act, 2001
108200141The Central Sales Tax (Amendment) Act, 2001
109200147The Two-Member Constituencies (Abolition) and other Laws Repeal Act, 2001
110200257The Mysore State Legislature (Delegation of Powers) Repeal Act, 2002
111200265The Countess of Dufferin's Fund (Repeal) Act, 2002
112200266The Prevention of Food Adulteration (Extension to Kohima and Mokokchung Districts) Repeal Act, 2002
113200270The Refugee Relief Taxes (Abolition) Repeal Act, 2002
11420032The Cable Television Networks (Regulation) Amendment Act, 2002
115200538The Displaced Persons Claims and other Laws Repeal Act, 2005
116200544The Immigration (Carriers' Liability) Amendment Act, 2005
11720063The Central Sales Tax (Amendment) Act, 2005
118200618The National Commission for Minority Educational Institutions (Amendment) Act, 2006
119200624The Cess Laws (Repealing and Amending) Act, 2006
120200629The Taxation Laws (Amendment) Act, 2006
121200632The Spirituous Preparations (Inter-State Trade and Commerce) Control (Repeal) Act, 2006
122200646The Produce Cess Laws (Abolition) Act, 2006
123200649The Indian Rifles (Repeal) Act, 2006
124200724The Mizoram University (Amendment) Act, 2007
125200739The Competition (Amendment) Act, 2007
126200825The Central Universities Laws (Amendment) Act, 2008
127200939The Competition (Amendment) Act, 2009
128201020The National Commission for Minority Educational Institutions (Amendment) Act, 2010
129201033The Jharkhand Panchayat Raj (Amendment) Act, 2010
130201227The Copyright (Amendment) Act, 2012
131201231The Central Educational Institutions (Reservation in Admission) Amendment Act, 2012
Ordinances made by the Governor-General
11941VIIThe War Injuries Ordinance, 1941
21942XXThe Collective Fines Ordinance, 1942
31942XLIThe Armed Forces (Special Powers) Ordinance, 1942
41944XXIThe Public Health (Emergency Provisions) Ordinance, 1944
51945XXIVThe War Gratuities (Income-tax Exemption) Ordinance, 1945
61945XXXThe Secunderabad Marriage Validating Ordinance, 1945
71946IIThe Bank Notes (Declaration of Holdings) Ordinance, 1946
81946VIThe Criminal Law Amendment Ordinance, 1946
91946XThe Termination of War (Definition) Ordinance, 1946

See also

Related Research Articles

<span class="mw-page-title-main">Constitution of India</span> Supreme law of India

The Constitution of India is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world.

This is a brief description of the lawmaking procedure in India.

<span class="mw-page-title-main">Forty-second Amendment of the Constitution of India</span> Amendment to the Indian Constitution

The 42nd amendment, officially known as The Constitution Act, 1976, was enacted during the Emergency by the Indian National Congress government headed by Indira Gandhi.

<span class="mw-page-title-main">Essential Commodities Act</span>

The Essential Commodities Act (ECA) is an act of the Parliament of India that was established to ensure the delivery of certain commodities or products, the supply of which, if obstructed due to hoarding or black marketing, would affect the normal life of the people. This includes foodstuff, drugs, fuel etc. This act was modified by the Essential Commodities (Amendment) Act, 2020 as part of the 2020 Indian farm reforms.

<span class="mw-page-title-main">Criminal Law (Amendment) Act, 2013</span>

The Criminal Law (Amendment) Act, 2013 is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Bill received Presidential assent on 2 April 2013 and was deemed to be effective from 3 February 2013. It was originally an Ordinance promulgated by the President of India, Pranab Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi gang rape case.

<span class="mw-page-title-main">Twenty-fourth Amendment of the Constitution of India</span> Constitutional amendment

The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.

<span class="mw-page-title-main">Juvenile Justice (Care and Protection of Children) Act, 2015</span>

Juvenile Justice Act, 2015 has been passed by Parliament of India amidst intense controversy, debate, and protest on many of its provisions by Child Rights fraternity. It replaced the Indian juvenile delinquency law, Juvenile Justice Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18, involved in Heinous Offences, to be tried as adults. The Act also sought to create a universally accessible adoption law for India, overtaking the Hindu Adoptions and Maintenance Act (1956) and the Guardians and Wards Act (1890), though not replacing them. The Act came into force from 15 January 2016.

<span class="mw-page-title-main">Foreign Contribution (Regulation) Act, 2010</span> Act of the Parliament of India

The Foreign Contribution (regulation) Act, 2010 is an act of the Parliament of India, by the 42nd Act of 2010. It is a consolidating act whose scope is to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto. It is designed to correct shortfalls in the predecessor act of 1976. The bill received presidential assent on 26 September 2010.

<span class="mw-page-title-main">Enemy Property Act, 1968</span>

The Enemy Property Act, 1968 is an Act of the Parliament of India, which enables and regulates the appropriation of property in India owned by Pakistani nationals. The act was passed following the Indo-Pakistani War of 1965. Ownership is passed to the Custodian of Enemy Property for India, a government department. There are also movable properties categorized as enemy properties.

The Repealing and Amending Act, 2015 is an Act of the Parliament of India that repealed 35 obsolete Acts, and also amended the provisions of The Prohibition of Manual Scavengers Act, 2013, and the Whistle Blowers Protection Act, 2011 to correct typographical and certain patent errors. It was the first such repealing Act aimed at repealing obsolete laws tabled in Parliament by the Narendra Modi administration.

The Repealing and Amending (Second) Act, 2015 is an Act of the Parliament of India that repealed 90 obsolete Acts, and also amended the provisions of the Railways (Amendment) Act, 2008 and the Indian Maritime University Act, 2008 to correct typographical errors. The Act was the second such repealing act tabled by the Narendra Modi administration aimed at repealing obsolete laws.

<span class="mw-page-title-main">Muslim Women (Protection of Rights on Marriage) Act, 2019</span>

The Muslim Women Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community.

The Repealing and Amending Act, 2016 is an Act of the Parliament of India that repealed 295 Acts, and also made minor amendments to the Sexual Harassment of Women at the Work Place Act, 2013, and the Governors Amendment Act, 2014. The Act was the third such repealing act tabled by the Narendra Modi administration aimed at repealing obsolete laws.

The Repealing and Amending Act, 2017 is an Act of the Parliament of India that repealed 104 Acts, and also partially repealed three sections of the Taxation Laws (Amendment) Act, 2007, and made minor amendments to three other Acts to correct typographical errors. The Act was the fourth such repealing act tabled by the Narendra Modi administration aimed at repealing obsolete laws.

The Appropriation Acts (Repeal) Act, 2016 is an Act of the Parliament of India that repealed 758 Appropriation Acts that were now obsolete. An Appropriation Act is an Act that authorizes the Government of India to withdraw funds from the Consolidated Fund of India to meet expenses for a fiscal year. The Act was among a series repealing acts tabled by the Narendra Modi administration aimed at repealing obsolete laws.

<span class="mw-page-title-main">Forty-third Amendment of the Constitution of India</span>

The Forty-third Amendment of the Constitution of India, officially known as the Constitution Act, 1977, repealed six articles that had been inserted into the Constitution by the 42nd Amendment which had been enacted by the Indira Gandhi-led Indian National Congress during the Emergency. The 43rd Amendment was enacted by the newly elected Janata Party which had won the 1977 general elections campaigning on a promise to "restore the Constitution to the condition it was in before the Emergency".

The One Hundred and Third Amendment of the Constitution of India, officially known as the Constitution Act, 2019, introduces 10% reservation for Economically Weaker Sections (EWS) of society for admission to Central Government-run educational institutions and private educational institutions, and for employment in Central Government jobs. The Amendment does not make such reservations mandatory in State Government-run educational institutions or State Government jobs. However, some states have chosen to implement the 10% reservation for economically weaker sections.

The Repealing and Amending Act, 2019 is an Act of the Parliament of India that repealed 58 Acts. It also made minor amendments to the Income Tax Act, 1961 and The Indian Institutes of Management Act, 2017. The Act was the sixth such repealing act aimed at repealing obsolete laws tabled by the Narendra Modi administration, and the first tabled during its second term. The government had repealed 1,428 Acts during its first term between 2014 and 2019.

<span class="mw-page-title-main">Forty-fourth Amendment of the Constitution of India</span> Indian constitutional amendment

The Forty-fourth Amendment of the Constitution of India, officially known as the Constitution Act, 1978, was enacted by the Janata Party which had won the 1977 general elections campaigning on a promise to "restore the Constitution to the condition it was in before the Emergency". The Amendment aimed to undo several changes that had been made to the Constitution by the 42nd Amendment which had been enacted by the Indira Gandhi-led Indian National Congress during the Emergency.

<span class="mw-page-title-main">2020 Indian agriculture acts</span> Acts of the Parliament of India

The Indian agriculture acts of 2020, often termed the Farm Bills, were three acts initiated by the Parliament of India in September 2020. The Lok Sabha approved the bills on 17 September 2020 and the Rajya Sabha on 20 September 2020. The President of India, Ram Nath Kovind, gave his assent on 27 September 2020.

References

  1. "| NITI Aayog".
  2. "PRS | Bill Track | The Repealing and Amending (Second) Bill, 2017". www.prsindia.org. Retrieved 20 February 2018.
  3. "Archived copy" (PDF). Archived from the original (PDF) on 20 February 2018. Retrieved 20 February 2018.{{cite web}}: CS1 maint: archived copy as title (link)