Repealing and Amending Act, 2015

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Repealing and Amending Act, 2015
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Parliament of India
  • An Act to repeal certain enactments and to amend certain other enactments.
Citation Act No. 17 of 2015
Territorial extentIndia
Enacted by Lok Sabha
Passed18 March 2015
Enacted by Rajya Sabha
Passed5 May 2015
Assented to13 May 2015
Commenced13 May 2015
Legislative history
Bill introduced in the Lok Sabha The Repealing and Amending Bill, 2014
Bill citation Bill No. 95 of 2014
Bill published on11 August 2014
Introduced by Ravi Shankar Prasad
Committee report Standing Committee Report
Related legislation
Status: Spent

The Repealing and Amending Act, 2015 is an Act of the Parliament of India that repealed 35 obsolete Acts, and also amended the provisions of The Prohibition of Manual Scavengers Act, 2013, and the Whistle Blowers Protection Act, 2011 to correct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.

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 Bill, 2014 was introduced in the Lok Sabha on 11 August 2014 by the Minister of Law and Justice, Ravi Shankar Prasad. The bill sought to repeal 36 Acts and pass amendments to two Acts. The bill sought to completely repeal The Indian Fisheries Act, 1897, The Foreign Jurisdiction Act, 1947, The Sugar Undertakings (Taking Over of Management) Act, 1978 and The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The remaining 32 were all amending acts whose changes had been incorporated into the existing Acts. The bill also sought to amend provisions of The Prohibition of Manual Scavengers Act, 2013, and The Whistle Blowers Protection Act, 2011 so as to correct typographical and certain patent errors, such as the year of enactment. [2] [3]

The bill was referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice on 22 September. The Committee submitted its report on the bill on 19 December 2015. The report recommended that the bill be passed, however, it opposed the repeal of the Manual Scavenging and Construction of Dry Latrines (Prohibition) Act, 1993. The Committee also suggested that the government consider adding a sunset clause to amending act to ensure that they would be repealed automatically and would not remain in the statute books after their purpose was achieved. [4]

The bill, as recommended by the Committee, was passed by the Lok Sabha on 18 March and by the Rajya Sabha on 5 May 2015. The bill received assent from President Pranab Mukherjee on 13 May 2015, and was notified in The Gazette of India on the same day. [5]

Repealed Acts

The following 35 acts, included in the bill's First Schedule, were completely repealed: [6]

YearAct No.Short titleExtent of repeal
118974The Indian Fisheries Act, 1897The whole
2194747The Foreign Jurisdiction Act, 1947The whole
3197849The Sugar Undertakings (Taking Over of Management) Act, 1978The whole
4199930The Representation of the People (Amendment) Act, 1999The whole
5199933The Indian Majority (Amendment) Act, 1999The whole
6199934The Administrators-General (Amendment) Act, 1999The whole
7199936The Notaries (Amendment) Act, 1999The whole
8199939The Marriage Laws (Amendment) Act, 1999The whole
9200130The Repealing and Amending Act, 2001The whole
10200149The Mariage Laws (Amendment) Act, 2001The whole
11200151The Indian Divorce (Amendment) Act, 2001The whole
12200226The Indian Succession (Amendment) Act, 2002The whole
13200237The Legal Services Authorities (Amendment) Act, 2002The whole
14200272The Representation of the People (Third Amendment) Act, 2002The whole
1520033The Transfer of Property (Amendment) Act, 2002The whole
1620034The Indian Evidence (Amendment) Act, 2002The whole
1720036The Representation of the People (Second Amendment) Act, 2002The whole
1820039The Representation of the People (Amendment) Act, 2002The whole
19200324The Election Laws (Amendment) Act, 2003The whole
20200340The Representation of the People (Amendment) Act, 2003The whole
21200346The Election and Other Related Laws (Amendment) Act, 2003The whole
22200350The Marriage Laws (Amendment) Act, 2003The whole
2320042The Representation of the People (Second Amendment) Act, 2003The whole
2420043The Delimitation (Amendment) Act, 2003The whole
2520054The Delegated Legislation Provisions (Amendment)

Act, 2004

The whole
26200539The Hindu Succession (Amendment) Act, 2005The whole
27200631The Parliament (Prevention of Disqualification) Amendment Act, 2006The whole
2820089The Delimitation (Amendment) Act, 2008The whole
29200810The Representation of the People (Amendment) Act, 2008The whole
30200941The Representation of the People (Amendment) Act, 2009The whole
31201030The Personal Laws (Amendment) Act, 2010The whole
32201036The Representation of the People (Amendment) Act, 2010The whole
33201229The Anand Marriage (Amendment) Act, 2012The whole
34201233The Administrators-General (Amendment) Act, 2012The whole
35201328The Parliament (Prevention of Disqualification) Amendment Act, 2013The whole

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References

  1. "| NITI Aayog".
  2. "The Repealing and Amending Bill, 2014".
  3. "Archived copy" (PDF). Archived from the original (PDF) on 29 April 2016. Retrieved 11 December 2016.{{cite web}}: CS1 maint: archived copy as title (link)
  4. "Archived copy" (PDF). Archived from the original (PDF) on 20 December 2016. Retrieved 11 December 2016.{{cite web}}: CS1 maint: archived copy as title (link)
  5. "Archived copy" (PDF). Archived from the original (PDF) on 23 November 2015. Retrieved 11 December 2016.{{cite web}}: CS1 maint: archived copy as title (link)
  6. https://legislative.gov.in/sites/default/files/Act17of2015.pdf [ bare URL PDF ]