Repeal Law Compendium

Chhattisgarh REPEAL LAW COMPENDIUM

2017 Chhattisgarh REPEAL LAW COMPENDIUM 2017

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Table of Contents

Introduction 7 Research Methodology 8

Compendium of Laws to be Repealed in Chhattisgarh 1 Chhattisgarh Borstal Adhiniyam 11 2 Chhattisgarh Manyata Prapt Pariksha Adhiniyam 12 3 Chhattisgarh Goseva Ayog Adhiniyam 13 4 The Chhattisgarh Bhiksha Vritti Nivaran Adhiniyam 14 5 Chhattisgarh Dakaiti aur Vyaparahan Prabhavit Kshetra Adhiniyam 15 6 The Chhattisgarh Gram Nyayalaya Adhiniyam 16 7 Jubbulpore and Chhattisgarh Divisions (Divorce Proceedings Validation) Act 17 8 Chota Nagpur Encumbered Estates Act 18 9 Central Provinces Land Revenue Act 19 10 Central Provinces Tenancy Act 20 11 The Chhattisgarh Auxiliary Armed Police Force Act 21 12 Chhattisgarh Vishesh Jan Suraksha Adhiniyam 22 13 Central Provinces (Court of Wards) Act 23 14 Hackney-Carriage Act 24 15 Madhya Bharat Sinhastha Mela Act 25 16 Central Provinces Financial Commissioners Act 26 17 Central Provinces (laws) Act 27 18 Stage-Carriages Act 28 19 The Births, Deaths and Marriages Registration Act 29 20 Agriculturists’ Loans Act 30 21 Sales of Land for Revenue Arrears 31 22 Improvement in Towns Act 32 23 The Waste-Lands (Claims) Act 33 24 Central Provinces Slaughter of Animals Act 34 25 Bhelsa Ramlila Fair Act 35 Authors and Contributors

AUTHORS

Kevin James 5th year, B.A.LL.B. (Hons.), Hidayatullah National Law University, Raipur

Shreya Shrivastava 5th year, B.A.LL.B. (Hons.), Hidayatullah National Law University, Raipur

Trishna Das 5th year, B.A.LL.B. (Hons.), Hidayatullah National Law University, Raipur

Vijaya Nandini 5th year, B.A.LL.B. (Hons.), Hidayatullah National Law University, Raipur CONTRIBUTORS

Hemant K. Batra Founder & Global Chairman, Kaden Boriss Partners

Neeti Shikha National Coordinator, Project Repeal of Laws, Centre for Civil Society Associate Professor, Symbiosis Law School Noida

Nitesh Anand Associate, Advocacy, Centre for Civil Society

Swati Jha Associate Advocate, Kaden Boriss Partners Introduction The Rule of Law forms the very foundation of a modern put forward by the previous Law Commissions as well as democratic society- defining the functionality of its the Report of the Commission on Review of Administrative public administration as well as the behavior of the Laws, 1998 by the PC Jain Commission), which vociferously private agents that constitute it. The effective codification advocated for statutory legal reform. Since then, however, of such a rule of law, requires as its prerequisites, to there has been no systematic effort at weeding out dated be precise in enshrining the intrinsic attributes of the and principally flawed laws. democracy it serves and ensuring that this is done in the simplest manner possible. During the 2014 General Election campaigns, BJP prime ministerial candidate Shri Narendra Modi promised As one of the largest democracies in the world with an the electorate that his administration, should they be ever-rising population, India’s enthusiasm for legislation elected, would make a sincere attempt at an extensive has had, as a by- product, several statutes that with statutory legal clean up. He committed to the repeal of 10 the advent of time have become obsolete, redundant redundant laws for every new law that was passed, and or repetitive. In addition to this, there is the matter of that in the first 100 days in office, he would undertake inconsistent language and dissemination- making it the task of repealing 100 archaic and burdensome difficult for an ordinary citizen to access and comprehend laws. Keeping up with that promise, the BJP- led NDA the plethora of legal information with ease. Government tabled the ‘Repealing and Amending Bill (2014)’ in the Lok Sabha, recommending the revision of This increased transaction cost coupled with glaring 36 obsolete laws. In his explanation of the exercise, the redundancies further breeds fertile grounds for present Minister for Law & Justice, Shri Ravi Shankar corruption, discouraging individuals and firms to Prasad, committed that the exercise of weeding out engage with the society/ economy at large. Distorting antiquated laws would be a continuous process – one the competitive dynamics of the economy, it leaves that would help de-clog India’s legal system. In addition only those producers in the market who have surplus to this, the Prime Minister has set up a special committee capital to bear the costs of compliance. This, in effect, under his Office to oversee this exercise. weakens the social fabric by incentivizing behavior such as corruption and cheating. Centre of Civil Society, through its public interest litigation initiative ‘iJustice’, National Institute of Public Finance Faced with such unsettling eventualities, it is imperative and Policy (NIPFP) Macro/Finance Group and Vidhi that a strong movement is reckoned with the sole Legal Policy Centre, began what was called the ‘Repeal objective of reforming legal structures of the country of 100 laws’ Project1. This was an independent research through framing of sound laws and construction of State and advocacy initiative to identify central laws that were capacity to enable accountable enforcement. either redundant or a material impediment to the lives of citizens, entrepreneurs and the Government. The results To accomplish such a feat would require a ground- up of the initiative were articulated in a report titled 100 hygiene check of existing laws, and the subsequent Laws Repeal Project , which was further acknowledged repealing of outdated laws, wherever necessary. This by a Report on ‘Obsolete Laws: Warranting Immediate cleansing would yield a substantial impact in the Repeal’, published by Law Commission of India in functioning of the country- both in terms of a well- oiled September 2014. Further, 23 of the suggested Central economy as well as a stronger societal presence. Laws were included in the ‘Repealing and Amending (Third) Bill, 2015’. History of Repeal Laws in India For the current phase of the Repeal of Laws Project, The last serious effort in cleaning up the statute books was a study has been conducted in 5 States namely, in the year 2001, during the administration of the Bharatiya Maharashtra, Uttar Pradesh, Chattisgarh, Telangana and Janata Party (BJP) led National Democratic Alliance (NDA) Karnataka. Kaden Borris Partners, the legal partner for Government. The then Government had acted swiftly and this phase, assisted in the studying and vetting of the decisively in implementing some of the recommendations recommendations from all the 5 States.

1 The report can be accessed at www.ccs.in/100laws Research Methodology

The identification of laws recommended for repeal in this compendium has been done through a scientific ‘grading’ method. The grading method has been explained below. ‘Grading’ of Cases for Repeal

All laws contained herein have been assigned a ‘grade point’, ranging from 1 to 5. A grade point of 5 indicates the strongest possible case for repeal, whereas 1 indicates a relatively weak case. In assigning grade points, the following factors, inter alia, have been considered: i) whether the law has been recommended for repeal by Law Commission Reports or other Government Reports, ii) whether there have been Judgements that have criticized the law and given a recommendation for repeal, iii) whether the law has become redundant due to reorganization of States or the law having outlived its purpose, iv) whether the law has been subsumed or superseded by a new, subsequent Central/State law. Key Features

This compendium of “Recommended laws for Repeal in the state of Chhattisgarh” has a total of 25 laws ranging from British to more recent laws. There are laws dealing with various subjects and the reasons for repeal are also very varied. Few of the key features are:

A. Law Enactment Year

Before 1900

Post 2000 1 13

5 1947-2000

1901 to Pre-Independence

8 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 9 B. Themes

Administration 5 Agriculture and Animal Welfare 3 Land and Revenue 5 Rent and tenancy 2 Public Security and welfare 2 Justice System 2 Education 1 Personal Law 2 Transportation and infrastructure 2 State reorganization 1

C. Reasons for repeal

Redundant 18

Subsumed by subsequent legislation 4 Constitutional and Humanitarian Rights 3

D. Grading

Grade 5 22

Grade 4 2

Grade 3 1

8 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 9 Compendium of Laws to be Repealed in Chhattisgarh

10 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 11 Chhattisgarh Borstal 1 Adhiniyam, 1928

Subject: CHILD WELFARE Reason: The Act has been subsumed by a subsequent Central legislation, namely the Juvenile Justice (Care and Protection of Children) Act, 2015 Grade: 5

What is the Law? juveniles in conflict with law. It provides for setting up of observation homes and special homes for juveniles The purpose of this Act is to make provision for the in conflict with law and children homes for children establishment and regulation of Borstal Institutions needing care and protection during the pendency in Chhattisgarh and/ or detention and training of of inquiry and subsequent rehabilitation. Since the adolescent offenders therein. Juvenile Justice Act 2015 is a special enactment for dealing with juveniles in conflict with law, it will eclipse Key Features a certain portion of the Borstal Schools Act. Thus, an offender, who is below the age of 18 years, can never fall • Establishment and regulation of Borstal Institutions. within the purview of the Borstal Schools Act, because, he or she will automatically come under the protective • Detention/training of adolescent offenders between the umbrella of the Juvenile Justice Act.2 age of 16 to 21, in a Borstal School for 2 to 5 years, liable to be sentenced to transportation or imprisonment. • The age limit of an adolescent or a child targeted by this Act is 16 to 21 years, which is in contravention to the • Special powers to District Magistrates with respect to definition of a child, to be a person below the 18 years detention of any male person, between the age of 16 to of age, under the Juvenile Justice Act and other Indian 21, who has been sentenced for an offence to rigorous statutes and International Conventions. imprisonment or transportation. • The offenders above 18 years of age are already • License for discharging the offender from the institution provided with the industrial training and other skill before the expiration of the term of detention development measures, as per the National Policy on Prison Reforms and Correctional Administration,3 Reasons for Repeal which makes the objective of this Act redundant for the offenders between 18-21 years of age. • The Act has outlived its purpose as it had evolved based on the Reformatory Schools Act, 1897, provided • The High Court of Madras in N. Gowthaman’s case also for detention of youthful offenders. Section 63 of the commented that the Borstal school concept has outlived Juvenile Justice Act (JJ Act), 1986, repealed any law in its purpose and it suggested to the State Government force in any State that corresponded to the JJ Act, on the to consider repealing the Tamil Nadu Borstal Schools date on which the Act came into force in the concerned Act, 1925, which is an Act based on the Reformatory State. The Reformatory Schools Act, 1897 was one of the Schools Act, 1897 and parallel to the Chhattisgarh legislations, which was still in force at that time, but has BorstalAdhiniyam, 1928.4 not been formally repealed. Thus, the Borstal Schools Act, being a parallel legislation, should also be repealed. Issues

• It’s redundant in the light of the reformatory provisions There are no legal issues that would impede repeal. provided for offenders upto 18 years of age under the However, a savings clause may be added in the repealing Juvenile Justice (Care and Protection of Children) Act, legislation with respect to any cases pending under the 2015 (“Juvenile Justice Act”). The latter Act targets two Act, stating that the same shall not be to subject to the groups—children in need of care and protection, and repealing legislation.

2 N. Gowthaman v. The Government of Tamil Nadu and Ors., https://indiankanoon.org/doc/144219090/ 3 http://www.bprd.nic.in/WriteReadData/userfiles/file/5261991522-Part%20I.pdf 4 N. Gowthaman v. The Government of Tamil Nadu and Ors., https://indiankanoon.org/doc/144219090/

10 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 11 Chhattisgarh ManyataPrapt 2 Pariksha Adhiniyam 1937 Subject: EDUCATION Reason: The Act has been subsumed by a subsequent state legislation, namely the Chhattisgarh Public Examination (Prevention of Unfair Means) Act, 2008 Grade: 5

What is the Law? Reasons for Repeal

This Act is to prevent leakage of question set • The object and scope of this Act has been covered by for recognized examinations and to provide for a more recent State law i.e. the Chhattisgarh Public penal actions for adoption of unfair means at such Examination (Prevention of Unfair Means) Act, 2008 examinations and for matters connected therewith. which was passed with a similar objective- “An Act to prevent the leakage of question papers and use of Key Features unfair means in a public examination and to provide for matter connected therewith and incidental thereto”. • Prohibition of the use of unfair means The latter Act is more comprehensive and detailed prohibits entry into an examination center, assistance • Possession and disclosure of question paper to examinee by management, etc. unless authorized in that behalf. Hence, this Act has become redundant. • Prohibition to give information, by such person to whom examination work is handed over Issues

• Penalties There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the repealing legislation.

12 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 13 Chhattisgarh Goseva Ayog 3 Adhiniyam, 1995

Subject: ANIMAL-WELFARE Reason: The Act has been subsumed by a subsequent State legislation, namely the Madhya Pradesh State Reorganization Act, 2000. Grade: 5

What is the Law? GosevaAdhiniyam, 2004’ with a similar objective and similar provisions – “An Act to establish a GosevaAyog This Act is to establish GosevaAyog for the preservation for the preservation and welfare of cattle in the and welfare of cattle in the State, for supervision and State, for supervision and control of institutions control of Institutions and to provide for matters and to provide for matters connected therewith and connected therewith and incidental thereto. incidental thereto”, and hence the subject matter is sufficiently covered. Further section 11 of the Act of Key Features 1995, and 12 of the Act of 2004 deal with “functions of the Ayog” and cover the same areas/functions • Constitution, functions, power and funds of the Ayog thereof.

• Terms and conditions of appointment of members of • However, the Act does not have a repeal clause for the the Ayog, members of the Ayog to be public servants. 1995 Act. Hence, the 1995 Act becomes redundant in the light of a more recent legislation. • Accounts and audit, annual report, returns etc. Issues Reasons for Repeal There are no legal issues that would impede repeal. • This Act was enacted by Madhya Pradesh and However, a savings clause may be added in the repealing adopted by Chhattisgarh in the light of the MP State legislation with respect to any cases pending under the Reorganization Act, 2000. However, Chhattisgarh Act, stating that the same shall not be to subject to the has passed its own legislation ‘Chhattisgarh repealing legislation.

12 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 13 The Chhattisgarh Bhiksha Vritti 4 Nivaran Adhiniyam, 1973

Subject: PUBLIC-WELFARE Reason: Violative of Protection of Life & Liberty. Grade: 5

What is the Law? • The present Act gives discretionary and arbitrary powers to the police to pick up anyone on a hunch that The Act has been copied from the Bombay Prevention the individual is a beggar or a destitute with no means of Begging Act, 1959. The Act is to consolidate the law of fending for himself. relating to beggars and to provide for the prevention of begging, for the detention, training and employment of • The Hon’ble Delhi High Court in Ram Lakhan vs. State5 beggars and their dependents in certified institutions. held that the detention of persons begging because of The Act provides for the custody, trial and punishment of poverty is dehumanizing to them, and is a disgrace and beggar offenders in the State of Chhattisgarh. a failure of the State.

Key Features • There are no reported convictions under the Act.

• Power given to police officers or other person authorized • The Central Government has brought a draft in this behalf in accordance with rules made by the State bill “Persons in Destitution (Protection Care and Government to arrest without a warrant any person Intervention)” Model Bill, 2016, to be implemented by who is found begging. all State Governments that will give rights to destitute to demand help from the states. It aims to do away • Summary enquiry in respect of persons found begging with the laws that criminalize begging and to “provide and their detention protection, support training and other services to all persons in destitution.” • Penalty for begging after detention as beggar in a certified institution • The model bill states that “Persons in destitution” refers to homeless persons, persons in begging, persons with • Detention of persons wholly dependent on beggar physical and mental disabilities, the old, infirm and other such persons who are above 18 years of age and in a • Conversion of the period of detention in a certified state of poverty or abandonment arising from economic institution or part thereof into a term of imprisonment. or social deprivation and sustained unemployment.” It further provides for “procedure for dealing with beggar • Release on license and revocation of license offenders” and that the infrastructure, human resource and institutions established under the Beggary • Power given to District Magistrate to take fingerprints of Prevention Legislation of a state, shall be utilized for detained beggars purposes under the Bill. Reasons for Repeal Issues

• The Act treats beggars as criminals. If convicted under There are no legal issues that would impede repeal. this law, a person can spend anything between 1 to 10 However, a savings clause may be added in the repealing years in beggars’ home. legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the • It imposes impediments to freedom of life and personal repealing legislation. liberty guaranteed under the Constitution of India not just of the beggars, but also their dependents. 5 Ram Lakhan vs. State (137 (2007) DLT 173)

14 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 15 Chhattisgarh Dakaitiaur 5 Vyaparahan Prabhavit Kshetra Adhiniyam, 1981 - Trishna

Subject: INEFFECTIVE GOVERNANCE AND ADMINISTRATION Reason: The Act is Redundant Grade: 5

What is the Law? punishments for dacoity and kidnapping, it is redundant to have a separate Act that deals with dacoity and This Act makes provisions for specifying certain kidnapping in some specific areas of Chhattisgarh. Also, offences in the dacoity and kidnapping affected areas currently there are no areas in Chhattisgarh that have of Chhattisgarh. It also provides for related punishments been declared by the State Government to be affected and speedy trial to curb effectively the commission of by dacoity or kidnapping. Therefore, there is no need for such specified offences and it also makes provisions special laws for these offences. for the attachment of properties acquired through the commission of specified offences. • Further, as per the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Niyam 1984 , this Act has Key Features been repealed in Madhya Pradesh. Hence, the same should be done for Chhattisgarh as well. • Constitution of Special Courts for speedier trial Issues • Attachment of property obtained by the dacoity and kidnapping There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing Reasons for Repeal legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the • In the presence of Indian Penal Code and Code of repealing legislation. Criminal Procedure which deal with the offences and

14 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 15 The Chhattisgarh Gram 6 NyayalayaAdhiniyam, 1996 - Trishna

Subject: INEFFECTIVE GOVERNANCE AND ADMINISTRATION Reason: The Act has been subsumed by a subsequent Central Act, namely the Gram Nyayalayas Act, 2008 Grade: 4

What is the Law? Reasons for Repeal

This Act provides for the disposal of simple cases in rural The Gram Nyayalayas Act, 2008 is a Central Act which areas by Gram Nyayalaya. has a similar objective as the State Act. It is more comprehensive in nature and covers more aspects Key Features than the State Act. The provisions of the Central Act are precise, in the light of which the State Act appears • Establishment and Constitution of a Gram Nyayalaya redundant. Also, the Central Act includes all the provisions provided for in the State Act. • Finality of decisions passed by the Gram Nyayalaya Issues • Jurisdiction of the Gram Nyayalaya is clearly laid out There are no legal issues that would impede repeal. • The rules with respect to Gram Nyayalayas are made by However, a savings clause may be added in the repealing the State Government legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the repealing legislation.

16 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 17 Jubbulpore and Chhattisgarh 7 Divisions (Divorce Proceedings Validation) Act, 1935

Subject: PERSONAL LAWS Reason: The Act is Redundant Grade: 5

What is the Law? purpose of the Act has therefore now been fulfilled.6

The purpose of this Act is to remove certain doubts • Chhattisgarh now has its own High Court at Bilaspur and validate certain proceedings of the High Court of which is the appropriate authority for “jurisdiction of Judicature of Allahabad. the High Court under the Indian Divorce Act, 1869”, and not the Judicial Commissioner of the Central Provinces. Key Features • This Act was recommended for repeal by the Law • Declared that from 31st August 1923, the Court of the Commission of India Report on “Obsolete Laws: Judicial Commissioner of the Central Provinces alone Warranting Immediate Repeal” (Third Interim Report; would have the jurisdiction of the High Court under Report No. 250).7 the Indian Divorce Act, 1869 within the Jubbalpore and Chhattisgarh divisions of the Central Provinces. • This Act has also been recommended for repeal by the PC Jain Commission Report.8 • A validation Act for certain decisions taken by the High Court of Allahabad, deeming them to be valid • This Act is included in the Repealing and Amending Bill, in law as though taken by the Court of the Financial 2017, introduced in the LokSabha on February 9, 2017.9 Commissioner. • This Act was recommended for repeal by the Report of Reasons for Repeal the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re- • The Central Provinces, as they existed prior to enactment in the present Socio-Economic context.10 Independence, do not exist now. Jabalpur is now a district in the State of Madhya Pradesh. Chhattisgarh Issues was an administrative division in erstwhile Central Provinces. The territory falling under this division in now There are no legal issues that would impede repeal. a part of the modern-day State of Chhattisgarh. The

6 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Third Interim Report, Report No. 250, p. 7, available at: http://lawcommissionofindia.nic.in/reports/Report_No.250_ signed_copy.pdf 7 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Third Interim Report, Report No. 250, p. 7, available at: http://lawcommissionofindia.nic.in/reports/Report_No.250_ signed_copy.pdf 8 PC Jain Commission Report, Appendix A-1, p. 79, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 9 Repealing and Amending Bill, 2017, First Schedule, available at: http://www.prsindia.org/uploads/media/Repealing%20and%20amending/Repealing%20and%20Amending%20Bill,%202017.pdf 10 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 54, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

16 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 17 Chota Nagpur Encumbered 8 Estates Act, 1876

Subject: LAND LAWS Reason: The Act isRedundant Grade: 5

What is the Law? • In view of the abolition of Estates, the aforesaid Act has become redundant and obsolete in the present-day This Act provides relief of certain landholders in Chota scenario and needs to be repealed.12 Nagpur who are in debt, and whose immovable property is subject to mortgages, charges and liens. • This Act was recommended for repeal by the Law Commission of India Report on “Obsolete Laws: Key Features Warranting Immediate Repeal” (Second Interim Report; Report No. 249).13 • Providing various debt relief schemes for landholders in the Chota Nagpur area. • This Act has also been recommended for repeal by the PC Jain Commission Report.14 • Provisions for vesting order, duties of manager, settlement of debts, powers of manager, etc. • This Act was recommended for repeal by the Report of the Committee to identify the Central Acts which Reasons for Repeal are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic • The group of princely States in Chota Nagpur fall in context.15 present-day Chhattisgarh, Jharkhand and Orissa, which have newer debt-relief laws and schemes. Consequently, Issues the Act is now redundant.11 There are no legal issues that would impede repeal.

11 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 21, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 12 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 317, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 13 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 21, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 14 PC Jain Commission Report, Appendix A-5, p. 83, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 15 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 317, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

18 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 19 Central Provinces Land Revenue 9 Act, 1881

Subject: LAND REVENUE Reason: The Act isRedundant Grade: 5

What is the Law? section 27 of the act of 1881 is reads as “ wherever it appears to the Chief Commissioner that a revenue- This Act consolidates and amends the law relating to survey should be made in any local areas, he shall land revenue and the power of revenue officers in the publish a notification in the official gazette directing Central Provinces. that such survey be made, and cause translations of such notification in the language of the district to be Key Features posted up in conspicuous places in such area, and thereupon all officers in charge of such survey”. Provisions regarding: • Similarly section 67(1) of the Chhattisgarh Land Revenue • Powers and procedure of Revenue Officers Code, 1959 reads as “Whenever the State Government decides that a revenue survey should be made of any • Survey and settlement local area, it shall publish a notification to that effect, and such local area shall be held to be under such • Demarcation of lands survey from the date of such notification until the issue of a notification declaring the operations to be closed.” • Assessment of land revenue • This Act was recommended for repeal by the Law • Investigation and record-of-rights Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal” (Second Interim Report; • Collection of land revenue Report No. 249).16

• Village officers and patwaris • This Act has also been recommended for repeal by the PC Jain Commission Report.17 Reasons for Repeal • This Act was recommended for repeal by the Report of • The areas under the erstwhile Central Provinces now the Committee to identify the Central Acts which are fall in the States of Madhya Pradesh, Maharashtra and not relevant or no longer needed or require repeal/re- Chhattisgarh. All these States have their own revenue enactment in the present Socio-Economic context. codes and hence this law is now redundant.30 In the case of Chhattisgarh, the Chhattisgarh Land Issues Revenue Code, 1959, is applicable, and hence the subject matter is sufficiently covered. For instance, There are no legal issues that would impede repeal.

16 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 24, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 17 PC Jain Commission Report, Appendix A-5, p. 83, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf

18 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 19 Central Provinces Tenancy 10 Act, 1898 Subject: RENT AND TENANCY Reason: The Act is Redundant Grade: 5

What is the Law? the Chhattisgarh Rent Control Act, 2011 with a similar objective that is “to provide for adjudication of matters This Act consolidates and amends the law relating to relating to rent by a Tribunal and to promote leasing of agricultural tenancies in the Central Provinces. accommodation by balancing the interests of landlords and tenants”, is applicable and hence the subject matter Key Features is sufficiently covered.

• Relating to agricultural tenancies in the Central • This Act was recommended for repeal by the Law Provinces. Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal” (IInd Report; Report No. • Consolidated and amended the law relating to the 249).19 same. • This Act has been recommended for repeal by the PC • It divided tenants into five categories and made Jain Commission Report.20 provisions relating to rent payable by the tenants • This Act was recommended for repeal by the Report of Reasons for Repeal the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re- • The States which constituted the erstwhile Central enactment in the present Socio-Economic context.21 Provinces – Madhya Pradesh, Maharashtra and Chhattisgarh – now have their own rent control and Issues tenancy Acts making this Act inapplicable.18 It must therefore be repealed. In the case of Chhattisgarh, There are no legal issues that would impede repeal.

18 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 33, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 19 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 33, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 20 PC Jain Commission Report, Appendix A-5, p. 83, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 21 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 324, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

20 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 21 The Chhattisgarh Auxiliary Armed 11 Police Force Act, 2011

Subject: LAW AND ORDER Reason: The Act Circumvents Judicial Pronouncements Grade: 4

What is the Law? can be attributed to the SPOs and the security forces, we cannot but apprehend that such incidents are on account This Act provides for the constitution and regulation of of the lack of control, and in fact the lack of ability and an Auxiliary Armed Police Force in the State to aid and moral authority to control, the activities of the SPOs. The assist the security forces in the maintenance of public appointment of tribal youth as SPOs, who are barely order, prevention, control and combating Maoist/ literate, for temporary periods, and armed with firearms, naxal violence, insurgency, etc. and matters connected has endangered and will necessarily endanger the human therewith and incidental thereto. rights of others in the society…both Article 21 and Article 14 of the Constitution of India have been violated, and will Key Features continue to be violated, by the appointment of tribal youth, with very little education, as SPOs engaged in counter- Provisions regarding constitution and organization of insurgency activities. The lack of adequate prior education the Force, and more specifically: incapacitates them with respect to acquisition of skills, knowledge and analytical tools to function effectively • Functions and duties as SPOs engaged in any manner in counter-insurgency activities against the Maoists.” • Direction, supervision • The Supreme Court directed that the SPOs be disarmed. • Appointment This Act merely rebrands SPOs as Auxiliary Armed Police Force and is therefore a means of circumventing • Training the Supreme Court’s directions.23

• Remuneration and allowances • The Court in Grand Kakatiya Sheraton Hotel and Towers Employees and Workers Union vs. Srinivasa Resorts Limited • Termination and others24 held that, in a situation where a Statute is held to be unconstitutional the offending provisions • Protection for acts of Force cannot be reintroduced with cosmetic changes.

Reasons for Repeal • Hence the Act shall be repealed

• The Supreme Court in Nandini Sundar & Ors vs State Issues of Chhattisgarh22 (2011) held that “Given the number of civil society groups, and human rights activists, who There are no legal issues that would impede repeal. have repeatedly been claiming that the appointment However, a savings clause may be added in the repealing of tribal youths as SPOs… has led to increasing human legislation with respect to any cases pending under the rights violations, and further given that NHRC itself has Act, stating that the same shall not be to subject to the found that many instances of looting, arson, and violence repealing legislation.

22 AIR 2011 SC 2839 23 Universal Periodic Review (India), Working Group on Human Rights in India and the UN, United Nations Human Rights Council, 13th session of UPR Working Group, p. 10, available at: https://www.google. co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwi8rMy-yfvUAhXFr48KHchtCIsQFggvMAM&url=http%3A%2F%2Flib.ohchr.org%2FHRBodies%2FUPR%2FDocuments %2Fsession13%2FIN%2FWGHR_UPR_IND_S13_2012_WGonHRinIndiaandtheUNcomprisingofActionAidIndia_E.doc&usg=AFQjCNE48rMKKtbWLpFqsG6bik-npzrJQw 24 (2009) 5 SCC 342

20 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 21 Chhattisgarh Vishesh Jan Suraksha 12 Adhiniyam, 2005

Subject: PUBLIC SECURITY Reason: Violates human rights and restricts free speech Grade: 3

What is the Law? operating in Chhattisgarh were already banned and declared unlawful organizations after the 2004 This Act provides for more effective prevention of certain amendment to the Unlawful Activities - Act, 1967. unlawful activities of individuals and organizations and matters connected thereto. ◦ It has been used to suppress political dissent by restricting free speech, and has resulted in human Key Features rights repression.

• Declaration of an organization as unlawful • The Act prescribes punishment with imprisonment for up to three years merely for being a member of an • Advisory Board - Constitution, reference, procedure and organization that has been declared unlawful. A person action upon report is liable to punishment even if s/he were a member, participated in its meetings or received contributions • Penalties on its behalf before the organization was declared unlawful. This breaches the well-established principle • Power to notify and take possession of places used for of non-retroactivity of laws, which holds that a person unlawful activities cannot be punished for an act that was not illegal at the time it was committed, overlooking Article 21 of • Power to forfeit funds of an unlawful organization the Constitution that guarantees that no one shall be deprived of life or liberty except according to the Reasons for Repeal procedure established by law

• The People’s Union for Democratic Rights (PUDR) released • In a report submitted by the Working Group on Human a detailed critique of this statute when it was still a bill. Rights in India and the UN in the 13th session of the Some of the objections they had were as follows: UPR Working Group in the UN Human Rights Council, this statute was included in a group of laws which ◦ Extremely broad ambit of definition of “unlawful’ was collectively described as “which violate national activities”, thus giving wide, unrestricted powers to the and international human rights guarantees, provide State and hence is contrary to the principles of natural extensive powers (to arrest, detain without trial and justice. “shoot to kill” on suspicion) to security forces and exempt them from prosecution in absence of executive ◦ Broad powers to the State Government to declare sanction, spawning a culture of impunity.” 25 any organization as “unlawful” for a period of 1 year without specifying grounds. Issues

◦ An excessively harsh imprisonment term of 3 years There are no legal issues that would impede repeal. for merely being a member of unlawful organisation. However, a savings clause may be added in the repealing legislation with respect to any cases pending under the ◦ Although this Act was ostensibly meant to combat Act, stating that the same shall not be to subject to the growing Maoist violence, all the Maoist groups repealing legislation.

25 Universal Periodic Review (India), Working Group on Human Rights in India and the UN, United Nations Human Rights Council, 13th session of UPR Working Group, p. 10, 12, available at: https://www. google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwi8rMy-yfvUAhXFr48KHchtCIsQFggvMAM&url=http%3A%2F%2Flib.ohchr.org%2FHRBodies%2FUPR%2FDoc uments%2Fsession13%2FIN%2FWGHR_UPR_IND_S13_2012_WGonHRinIndiaandtheUNcomprisingofActionAidIndia_E.doc&usg=AFQjCNE48rMKKtbWLpFqsG6bik-npzrJQw

22 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 23 Central Provinces 13 (Court of Wards) Act, 1899

Subject: PROPERTY LAW Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act consolidated and amended the law relating to • The States which constituted the erstwhile Central the Court of Wards in the Central Provinces. Provinces – Madhya Pradesh, Maharashtra and Chhattisgarh- no longer exists as an administrative unit. Key Features • This Act was recommended for repeal by the Law • Commissioner to be Court of Wards Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal” (Sl. No. 59, Chapter 2 of • Superintendence by Court of Wards of property of Second Interim Report; Report No. 249).26 disqualified land-holder • The Act was also recommended for repeal by the PC Jain • Temporary provisions for custody of heirs and Commission Report (Entry 32, Appendix A-5).27 property protection. • This Act was recommended for repeal by the Report of • Delegation of powers by Court of Wards the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re- • Procedure when succession to Government ward’s enactment in the present Socio-Economic context. property is disputed Issues

There are no legal issues that would impede repeal.

26 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 34, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 27 PC Jain Commission Report, Appendix A-5, p. 83, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf

22 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 23 14 Hackney-Carriage Act, 1879

Subject: TRANSPORTATION AND INFRASTRUCTURE Reason: The Act is Redundant Grade: 5

local laws, rather than under Central laws such as this What is the Law? one. For example, in Mumbai licensing of horse-drawn carriages is done under The Bombay Public Conveyance The Act provides for the regulation, licensing of hackney Act, 1920. This is a subject matter for local government, carriages, defined as wheeled vehicles drawn by animals and in keeping with this principle, the Government for the conveyance of passengers in certain Municipalities should repeal this Act.28 and Cantonments. It would only pertain to municipalities in which the State Government applied the Act by • There is no record of the Act being in use in any of the notification, and such states were limited to ‘Uttar Pradesh, mentioned states since Independence.29 Punjab as it existed immediately before 1 November 1956, the Central Provinces, Assam, Ajmer or Coorg’. • This Act was recommended for repeal by the Law Commission of India Report on “Obsolete Laws: Key Features Warranting Immediate Repeal” (Sl. No. 37, Chapter 2 of Second Interim Report; Report No. 249).30 • Municipal Committees were given the power to make rules under the Act. • The Act was also recommended for repeal by the PC Jain Commission Report (Entry 47, Appendix A-5).31 • Commissioner was given the power to confirm or rescind the rules framed. • This Act was recommended for repeal by the Report of the Committee to identify the Central Acts which are • License to be provided driver upon paying certain fixed not relevant or no longer needed or require repeal/re- fees and under prescribed conditions under the Act for a enactment in the present Socio-Economic context. limited period on completion of which it can be revoked. Issues • Disputes to be determined by a Magistrate after an application has been made in that regard within the There are no legal issues that would impede repeal. local jurisdiction where the dispute arose. However, a savings clause may be added in the repealing legislation with respect to any cases pending under the Reasons for Repeal Act, stating that the same shall not be to subject to the repealing legislation. • Animal-drawn carriages are licensed by police under

28 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 33, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 29 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 23, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 30 PC Jain Commission Report, Appendix A-5, p. 83, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 31 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 33, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

24 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 25 Madhya Bharat Sinhastha Mela 15 Act, 1955

Subject: ADMINISTRATION Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal An Act to provide for the proper management of the Sinhastha Mela at Ujjain. • The Act extends to such area as may from time to time be defined by the District Magistrate and notified in the Key Features Government Gazette as Sinhastha Mela Area in Ujjain which is in the State of Madhya Pradesh. Hence, this Act • Appointment of a Central Committee to formulate is inapplicable in the State of Chhattisgarh. policy and guide and advice the District Magistrate and the Local Committee in the performance of their duties • There is no record of the Act being in use in Chhattisgarh under the Act. since Independence.

• District Magistrate given power to impose toll and fees Issues within the Mela Area. There are no legal issues that would impede repeal.

24 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 25 Central Provinces Financial 16 Commissioners Act, 1908

Subject: Land Laws Reason: The Act is Redundant Grade: 5

What is the Law? to Land-revenue and the powers of Revenue-officers in the Central Provinces and it has become irrelevant An Act to provide the appointment of the Financial and obsolete in the present-day scenario. The Central Commissioner for the Central Provinces and further to Provinces Financial Commissioner’s Act, 1908 is in amend the Central Provinces Land Revenue Act, 1881. furtherance to Central Provinces Land-revenue Act, 1881 and it has also lost its relevance and needs to be Key Features repealed.32

• To provide for the appointment of a Financial • The Act was recommended for repeal by the PC Jain Commissioner for the Central Provinces. Commission Report (Entry 33, Appendix A-5).33

Reasons for Repeal • This Act was recommended for repeal by the Report of the Committee to identify the Central Acts which are • The States which constituted the erstwhile Central not relevant or no longer needed or require repeal/re- Provinces – Madhya Pradesh, Maharashtra and enactment in the present Socio-Economic context.34 Chhattisgarh- no longer exists as an administrative unit. The Act is not in use. Issues

• The Central Provinces Land-revenue Act, 1881 was There are no legal issues that would impede repeal. enacted to consolidate and amend the law relating

32 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 325, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 33 PC Jain Commission Report, Appendix A-5, p. 83, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 34 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 325, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

26 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 27 Central Provinces (Laws) 17 Act, 1875

Subject: State Reorganization and Extension of Laws Reason: The Act is Redundant Grade: 5

What is the Law? • This Act was recommended for repeal by the Law Commission of India Report on “Obsolete Laws: An Act to declare and amend the law in force in the Warranting Immediate Repeal” (Sl. No 25, Chapter 4, Central Provinces. Interim Report; Report No. 248).35

Key Features • The Act was also recommended for repeal by the PC Jain Commission Report (Entry 111, Appendix A-1).36 • Repeal of certain enactments and rules • This Act was recommended for repeal by the Report of • Confirmation of existing Acts the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re- • Penalties enactment in the present Socio-Economic context.37 Reasons for Repeal Issues

• The States which constituted the erstwhile Central There are no legal issues that would impede repeal. Provinces – Madhya Pradesh, Maharashtra and Chhattisgarh- no longer exists as an administrative unit. The Act is not in use.

35 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, p. 24, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf 36 PC Jain Commission Report, Appendix A-1, p. 77, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 37 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 32, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

26 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 27 18 Stage-Carriages Act, 1861

Subject: Transportation and Infrastructure Reason: The Act is Redundant Grade: 5

What is the Law? • Provisions that are specifically concerned with securing proper care of animals employed in drawing An Act for licensing and regulating Stage- Carriages. stage-carriages have been subsumed considering The Act made provided for the compulsory licensing of the Prevention of Cruelty to Animals Act 1960, which stage carriages by the Magistrate or the Commissioner penalizes treating animals cruelly. The 1960 Act is wider of Police for their use in the Presidency Towns. Stage in scope and provides for extended protection It further carriage, for the purposes of this Act, was defined as a imposes a relatively harsher penalty. carriage drawn by one or more horses ordinarily used for conveying passengers for hire. The aforesaid Act provides • This Act was recommended for repeal by the Law for licensing of Stage Carriages in India which means it Commission of India Report on “Obsolete Laws: extended to whole of India and not to a particular State. Warranting Immediate Repeal” (Entry 27, Second Interim Report; Report No. 249).39 Key Features • The Act was also recommended for repeal by the PC Jain • Power to provide or refuse license for a carriage to be Commission Report (Entry 96, Appendix A-5).40 used as stage-carriage. • This Act was recommended for repeal by the Report of • Penalties the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re- Reasons for Repeal enactment in the present Socio-Economic context.41

• States now have more modern rules to govern the Issues licensing of stage carriages. In Mumbai, for example, carriages (as defined under this Act), known as Victorias, There are no legal issues that would impede repeal. are licensed under the Bombay Public Conveyances Act, However, a savings clause may be added in the repealing 1920, and not under this Act. Consequently, the Act has legislation with respect to any cases pending under the fallen into disuse. States such as Karnataka and Madhya Act, stating that the same shall not be to subject to the Pradesh have already repealed this Act because this is a repealing legislation. ‘spent’ Act.38

38 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 26, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 39 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 17, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 40 PC Jain Commission Report, Appendix A-5, p. 85, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 41 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 26, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

28 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 29 The Births, Deaths and Marriages 19 Registration Act, 1886

Subject: RECORDS AND STATISTICS Reason: The Act is Redundant Grade: 5

What is the Law? • The Act was recommended for repeal by the Law Commission of India Report on “Obsolete Laws: The Act provides for the voluntary registration of the Warranting Immediate Repeal” (Sl. No. 33, Chapter 4, births and deaths of certain classes of persons, mainly Interim Report; Report No. 248).43 Christians and Parsis, along with those governed by the Indian Succession Act, for the establishment of General • The Act was also recommended for repeal by the PC Registry Offices, for keeping Registers of certain Births, Jain Commission Report (Entry 23, Appendix A-5).44 Deaths and Marriages, and for certain other purposes. • This Act was recommended for repeal by the Report Key Features of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re- • Voluntary registration of certain Births and Deaths enactment in the present Socio-Economic context.45

• Establishment of General Registry Offices for keeping • The concept of Registration of Births and Deaths is Registers of certain Births, Deaths and Marriage dealt by the Act of 1969, while registration of marriages take place under specialized laws; however, the Rules Reasons for Repeal made under the Hindu Marriage Act generally mention the Registrar-General of Births, Deaths and Marriages • The 211th Law Commission Report calls the title of this appointed and working under the Births, Deaths and Act ‘misleading’ because the Act does not consist any Marriages Registration Act 1886 as the supervisory and provisions for registration of marriages, either voluntary appellate authority in respect of Marriage Officers in the or compulsory.42 State, hence the Act may be repealed with necessary savings provisions in this regard. • Further, registration of births and deaths is already provided for under the Registration of Births and Deaths Issues Act, 1969, while the concept of marriage has been repealed from this act. There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing • Hence, this Act has become redundant in view of the legislation with respect to any cases pending under the Registration of Births and Deaths Act, 1969. Act, stating that the same shall not be to subject to the repealing legislation.

42 Law Commission of India Report on “Laws on Registration of Marriage and Divorce: A proposal for Consolidation and Reform”, Report No. 211, p. 25, available at: http://lawcommissionofindia.nic.in/ reports/report211.pdf 43 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, p. 28, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf 44 PC Jain Commission Report, Appendix A-5, p. 82, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 45 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 36, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

28 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 29 20 Agriculturists’ Loans Act, 1884

Subject: Agriculture and Animal Husbandry Reason: The Act is Redundant Grade: 5

What is the Law? • The 1879 Act does not find mention in the Chronological List of Central Acts published by This Act was enacted to amend and provide for the the Ministry of Law and Justice and hence, does not extension to certain territories of the Northern India function now. Takkavi Act, 1879. The 1879 Act was enacted to provide for the recovery of certain advances made to landholders • The current Act is meant to be read with the 1879 act in the territories administered by the Lieutenant- and thus cannot exist independently. Governors of the North-Western Frontier Provinces and the Punjab, and the Chief Commissioners of Oudh, the • This Act was recommended for repeal by the Law Central Provinces, Assam and Ajmer. Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal” (Sl. No. 32, Chapter 4, Key Features Interim Report; Report No. 248).46

Provisions regarding: • The Act was also recommended for repeal by the PC Jain Commission Report (Entry 1, Appendix A-5).47 • Recovery of loans • This Act was recommended for repeal by the Report • Liability of joint borrowers as among themselves of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re- Reasons for Repeal enactment in the present Socio-Economic context.48

• This Act was enacted to amend and provide for the Issues extension to certain territories of the Northern India Takkavi Act, 1879. The 1879 Act was enacted to provide There are no legal issues that would impede repeal. for the recovery of certain advances made to landholders However, a savings clause may be added in the repealing in the territories administered by the Lieutenant- legislation with respect to any cases pending under the Governors of the North-Western Frontier Provinces and Act, stating that the same shall not be to subject to the the Punjab, and the Chief Commissioners of Oudh, the repealing legislation. Central Provinces, Assam and Ajmer.

46 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, p. 27, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf 47 PC Jain Commission Report, Appendix A-5, p. 82, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 48 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 320, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

30 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 31 Sales of Land for Revenue 21 Arrears, 1845

Subject: Land Revenue Reason: The Act is Redundant Grade: 5

What is the Law? • This Act was recommended for repeal by the Law Commission of India Report on “Obsolete Laws: The Act was enacted to amend the Bengal Land Revenue Warranting Immediate Repeal” (Sl. No. 7, Chapter 2, Sales Act, 1841. The Bengal Land Revenue Sales Act, 1841 Second Interim Report; Report No. 249).50 was enacted to amend the Bengal Code relating to sales of land for arrears of Revenue. • The Act was also recommended for repeal by the PC Jain Commission Report (Entry 87, Appendix A-5).51 Key Features • This Act was recommended for repeal by the Report Bare text not available. of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re- Reasons for Repeal enactment in the present Socio-Economic context.52

• This Act was enacted to amend the Bengal Land Issues Revenue Sales Act, 1841 which has become redundant in the presence of Revenue Recovery Act, 1890. Moreover, There are no legal issues that would impede repeal. there are no indications that the Act is being used However, a savings clause may be added in the repealing presently. Hence, it has become redundant and obsolete legislation with respect to any cases pending under the and is liable to repeal.49 Act, stating that the same shall not be to subject to the repealing legislation.

49 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 300, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 50 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 6, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 51 PC Jain Commission Report, Appendix A-5, p. 85, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 52 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 300, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

30 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 31 22 Improvement in Towns Act, 1850

Subject: Administration and Development of Local Areas Reason: The Act is Redundant Grade: 5

What is the Law? present, administration of towns is governed by the respective State Acts in terms of provisions of the This Act authorized Provincial Governments to introduce Constitution as amended by the Constitution (Seventy- provisions for constructing, repairing, cleaning, lighting Third Amendment) Act, 1992 and the Constitution or watering of any public streets, drains or tanks for the (Seventy-Fourth Amendment) Act, 1992. Thus, the prevention of nuisances or for improving the town. aforesaid Act has become redundant.54

Key Features • This Act was recommended for repeal by the Law Commission of India Report on “Obsolete Laws: Provisions regarding: Warranting Immediate Repeal” (Sl. No. 12, Chapter 2, Second Interim Report; Report No. 249).55 • Maintenance of public streets, drain or tanks • The Act was also recommended for repeal by the PC • Penalties Jain Commission Report (Entry 49, Appendix A-5).56

Reasons for Repeal • This Act was recommended for repeal by the Report of the Committee to identify the Central Acts which are • Municipal regulations and urban local bodies of not relevant or no longer needed or require repeal/re- respective States adequately cover these matters now. enactment in the present Socio-Economic context.57 Moreover, according to Article 372(1), the competent legislature for repeal of this Act is the State where the Issues Act is in force (‘local government’ is Item 5 in List II of the Seventh Schedule).53 There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing • The Act extended the local self-government to the whole legislation with respect to any cases pending under the country and authorized a system of administration Act, stating that the same shall not be to subject to the by Councilors in the matters of construction, repairs, repealing legislation. cleanliness, lighting, maintenance etc. However, at

53 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 303, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 54 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 304, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 55 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 9, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 56 PC Jain Commission Report, Appendix A-5, p. 83, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 57 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 303, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

32 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 33 23 The Waste-Lands (Claims) Act, 1863

Subject: LAND AND DEVELOPMENT Reason: The Act is Redundant Grade: 5

What is the Law? will follow the Revenue Code/ Acts administered by the State Governments.59 The Act makes special provisions for the speedy adjudication of claims made regarding waste-lands. • Government’s discourse regarding waste-lands Any claims made to waste-lands which were proposed has significantly changed post-independence and to be sold, or otherwise dealt with, by the Provincial the need to use such lands for agriculture has now Government, were to be made under this Act. The Act assumed prominence. Waste-land management envisages setting up of Special Courts by the state programmes now accord significance to the fact government for trial of claims relating to waste-lands. that waste-lands are the common property of village communities and the economic and ecological Key Features contributions of these lands are taken note of. Further, the proprietary rights of the State have Provisions regarding: been replaced with a close relationship between the • Enquiry in claims to land, or objection to sale of same environment and the community living within that area as the community derives sustenance from it. • Power to order suit to try claim admitted by Collector The continuation of this Act under the changed legal and policy circumstances serves no purpose.60 • Special Court for trying claims • This Act was recommended for repeal by the Law • Compensation for land sold Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal” (Sl. No. 14, Chapter 4, Reasons for Repeal Interim Report; Report No. 248).61

• This Act is a remnant of the colonial discourse • The Act was also recommended for repeal by the PC Jain surrounding waste-lands. Prior to Independence, all Commission Report (Entry 101, Appendix A-5).62 lands that were not under cultivation were classified as waste-lands and the State asserted proprietary rights • This Act was recommended for repeal by the Report of over them. The Colonial Government wanted to assert the Committee to identify the Central Acts which are control over waste-lands to claim revenue from it. Such not relevant or no longer needed or require repeal/re- title was sold to the public by the government.58 enactment in the present Socio-Economic context.63

• Under the Seventh Schedule of the Constitution, Issues all matters relating to land are within the exclusive legislative and administrative jurisdiction of the State There are no legal issues that would impede repeal. Governments. Land classified as waste-land according However, a savings clause may be added in the repealing to current government norms, whether under revenue legislation with respect to any cases pending under the land or forests, would fall within the jurisdiction of the Act, stating that the same shall not be to subject to the State Governments. Any claims relating to such land repealing legislation.

58 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 312, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 59 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 312, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 60 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 312, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf 61 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, p. 18, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf 62 PC Jain Commission Report, Appendix A-5, p. 85, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 63 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 312, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

32 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 33 CENTRAL PROVINCES SLAUGHTER OF 24 ANIMALS ACT 1915 Subject: Animal welfare Reason: The Act is Redundant Grade: 4

What is the Law? unit. Hence the Act is inapplicable in the State of Chhattisgarh. An Act to make better provisions for the regulation of the slaughter of animals in the Central Provinces. • The Act is redundant in the presence of Animal Welfare Act, 2011 which extends to the whole of India. Key Features Section 48(j) of the Act confers the power to make rules regarding the manner in which animals may be The Government may appoint such persons as it thinks slaughtered upon the Central Government, in which fit to be Inspectors of slaughter-houses. An Inspector regard the Center has also framed the Prevention of of slaughter-houses may enter any place which is, or Cruelty to Animals (Regulation of Livestock Markets) which he has reason to believe to be, used as a slaughter- Rules 2017. house; and make examination of the premises and of the registers prescribed by rules made under this Act. Issues

Reasons for Repeal There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing • The States which constituted the erstwhile Central legislation with respect to any cases pending under the Provinces – Madhya Pradesh, Maharashtra and Act, stating that the same shall not be to subject to the Chhattisgarh- no longer exists as an administrative repealing legislation.

34 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 35 25 Bhelsa Ramlila Fair Act, 1956

Subject: LAND AND DEVELOPMENT Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

An Act to make provisions regarding development and • The Act applies to the city called Vidisha which is management of the region called Vidisha. within the territory of Madhya Pradesh and therefore is inapplicable in Chhattisgarh. Key Features • There is no record of the Act being in use in Bare text not available Chhattisgarh since its enactment. Issues

There are no legal issues that would impede repeal.

34 | CHHATTISGARH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in CHHATTISGARH - REPEAL LAW COMPENDIUM | 35 Centre for Civil Society A-69, Hauz Khas, New Delhi - 110016 Tel.: +91 11 2653 7456 | 4160 7006 | 4162 9006 Fax: +91 11 2652 1882 Email: [email protected] www.ccs.in • www.ijustice.in

/ccsindia /ccsindia

An initiative of In collaboration with

Hidayatullah National and Law University Karnataka REPEAL LAW COMPENDIUM

2017 Karnataka REPEAL LAW COMPENDIUM 2017

An initiative of In collaboration with

and First published in 2017 by Centre for Civil Society

Cover design and layout by Usha Sondhi Kundu, Centre for Civil Society

Design assistance by Ayushi Jain, Centre for Civil Society

For more information and other requests, write to: Centre for Civil Society A-69 Hauz Khas, New Delhi – 110016 Phone: +91 11 26537456 | Email: [email protected] | Website: www.ccs.in

Right to quote, share and publish is granted with due acknowledgement to the authors and Centre for Civil Society.

Printed at Mehra Impressions, New Delhi

ISBN: 978-81-87984-33-7 Centre for Civil Society

CCS is India’s leading liberal think tank, ranked 80 worldwide by the annual study conducted by the Think Tanks and Civil Society Program at the University of Pennsylvania.

About National Law School of India University National Law School of India University came into existence through a Notification under the National Law School of India University Act (Karnataka Act 22 of 1986). It signified the culmination of efforts by the Judiciary, the Bar Council of India, the Karnataka Bar Council, the Bangalore University and the Government of Karnataka to reform legal education and to establish a Centre of excellence for legal education and research in India.

Over the years, the Law School has undertaken several research projects funded by stakeholders such as the UGC, the Government of India, the Government of Karnataka, the Department of Women and Child Development, the UN agencies, the World Bank, HIVOS etc. These have served to strengthen the research and teaching base at the Law School.

The founder, Hemant K Batra, believes in having a strong commitment towards the community. Hence, Kaden Boriss actively supports socio-economic, community & societal initiatives and non-profit organizations, providing them with pro bono legal services and financial support, when required.

Table of Contents

Introduction 7 Research Methodology 8 Compendium of Laws to be Repealed in Karnataka

1 Karnataka warehouses Act 11 2 Karnataka livestock improvement Act 12 3 The Karnataka dramatic performances Act 13 4 Provisional collection of taxes Act 14 5 Karnataka village panchayats (postponement of elections) (amendment) Act 15 6 Relief undertakings (special provisions) Act 16 7 Karnataka prevention of destruction and loss of property Act 17 8 Karnataka appropriation (vote on account) Act 18 9 Karnataka contingency fund (amendment) Act 19 10 Karnataka contingency fund (amendment) Act 20 11 Karnataka prevention of dangerous activities of bootleggers, drug-offenders, gamblers, 21 goondas, immoral traffic offenders. slum-grabbers and video or audio pirates Act 12 The Karnataka regularization of unauthorized constructions in urban areas Act 22 13 The Karnataka Hindu religious institutions and charitable endowments Act 23 14 Karnataka rent Act 24 15 The Karnataka right to information Act 25 16 The Karnataka reservation of appointment or posts (in the civil services of the state) for 26 rural candidates Act 17 The Karnataka control of organized crimes Act 27 18 Prohibition of smoking and protection of health of non-smokers Act 28 19 Karnataka determination of seniority of government servants Act 29 20 Special tax on entry of certain goods Act 30 21 Karnataka appropriation (vote on account) Act 31 22 Karnataka appropriation Act 32 23 Karnataka civil services (water resource service) (special recruitment of assistant 33 engineers and junior engineers) Act 24 Karnataka prevention of dangerous activities of bootleggers, drug-offenders, gamblers, 34 goondas, immoral traffic offenders. slum-grabbers and video or audio pirates (amendment) Act Authors and Contributors

AUTHORS

Adwiteeya Sharma Final year student at NLSIU

Amandeep Borthakur Third-year student at NLSIU

Arijeet Shukla Member of SIPLA and a fourth-year student at NLSIU

Gaurav Bhawnani Member of SIPLA and a final year student at NLSIU

Harpreet Singh Gupta Convener of SIPLA and a final year student at NLSIU

Palak Dubey Fourth-year student at NLSIU

Pranav Mehta Editor of the Indian Journal of International Economic Law and a fourth-year student at NLSIU

Ritika Ajitsaria Final year student at NLSIU

Shraddha Gome Final year student at NLSIU CONTRIBUTORS

Hemant K. Batra Founder & Global Chairman, Kaden Boriss Partners

Neeti Shikha National Coordinator, Project Repeal of Laws, Centre for Civil Society Associate Professor, Symbiosis Law School Noida

Nitesh Anand Associate, Advocacy, Centre for Civil Society

1 The report can be accessed at www.ccs.in/100laws Research Methodology

The identification of laws recommended for repeal in this compendium has been done through a scientific ‘grading’ method. ‘Grading’ of Cases for Repeal

This compendium of “Recommended Laws for Repeal in the State of Karnataka” has a total of 24 laws ranging from the British period to the more recent laws. Few of the key features are:

A. Law Enactment Year

Post 2000

10 14

1947-2000

8 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 9 B. Themes

Administration 7

Agriculture and animal 1

Land and Revenue 9

Justice System 4

Medical and health care 1

Personal Laws 1

Statutory Right 1

C. Reasons for Repeal

Constitutional and 3 Humanitarian Rights

Purpose Achieved 6

Subsumed by subsequent legislation 6

Redundant 9

D. Grading

Grade 5 16

Grade 4 6

Grade 3 2

8 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 9 Compendium of Laws to be Repealed in KARNATAKA

10 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 11 KARNATAKA WAREHOUSES 1 ACT, 1961

Subject: Regulation of Warehouses in Karnataka Reason: The Act has been subsumed by a more recent Central Government legislation, namely the Warehousing (Development & Regulation) Act, 2007. Grade: 5

What is the Law? • The Act of 2007 mandates the negotiability of warehouse receipt and it prescribes the form and The Act governs the establishment, supervision, manner of registration of warehouses. It further regulation, licensing and control of state warehouses. prescribes the issue of Negotiable Warehouse Receipts, including electronic format and the establishment of Key Features Warehousing Development and Regulatory Authority (WDRA). Hence, the Central legislation includes the The Act prohibits persons without a license from carrying provisions that form part of the State legislation, on the business of a warehouseman. It also prescribes further making provisions for the establishment of an certain duties for a warehouseman such as taking independent authority for the proper implementation reasonable care of the goods deposited, preserving of the regulations. the identity of the goods and delivering goods on time without deterioration of the depositor’s goods. • The Karnataka Warehouses Act 1961, hence, does not serve any purpose and, should be repealed. Reasons for Repeal • Two legislations governing the same subject matter may • The subject matter and provisions of the Act have lead to confusion and therefore, the current legislation been subsumed by the Warehousing (Development which is not in use should be repealed. & Regulation) Act, 2007, and the Customs Act, 1962 which are more comprehensive in nature. The later Act Issues also prescribes the conditions under which a license may be granted. There are no legal issues that would impede repeal.

10 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 11 KARNATAKA LIVESTOCK 2 IMPROVEMENT ACT, 1961

Subject: Animals/Livestock Reason: The Act is Redundant Grade: 4

What is the Law? • The grounds on which licenses may be refused or revoked under this Act are vague and ambiguous. This Act was created to improve the quality of livestock in the State of Karnataka by regulating the breeding of • The Act gives immense powers to the Licensing Officer bulls. Under this Act, any person who owns a bull requires to order castration of bulls which is in contravention a license for the same. Licenses can be denied if the bull is of animal rights. The objective of the Act- which is to of a breed ‘undesirable to propagate’.2 improve the livestock in the State of Karnataka- does not necessarily require the scrub bulls to be castrated. Key Features The regulation of breeding activities can be carried out by way of licensing. The purpose of this Act is to regulate the breeding of bulls. Under this Act, an application must be filled to obtain a • Further, the Act penalizes. those who keep a bull, in license to keep bulls. The Licensing Authority has the contravention of the provisions of this Act, or of any power to grant or deny the license. The Licensing Officer conditions of a license; or those who have license to may require any person keeping a bull to submit it for keep the bull but fails to submit a bull for inspection or inspection. The officer may further order the castration to produce a license when required to do so. of non-licensed bulls. • The Karnataka Warehouses Act 1961, hence, does not Reasons for Repeal serve any purpose and, should be repealed.

• This is in contravention of the provisions of the Issues Biodiversity Act 2002, which stresses the protection of natural breeds of animals and conservation of There are no legal issues that would impede repeal. biological diversity.3

2 Section 13, Karnataka Livestock Improvement Act, 1961. 3 Giji K. Raman, Castration Drives Local Cattle to Extinction, THE HINDU (January 29, 2014) available at http://www.thehindu.com/todays-paper/tp-national/tp-kerala/castration-drives-local-cattle-to- extinction/article5629154.ece.

12 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 13 THE KARNATAKA DRAMATIC 3 PERFORMANCES ACT, 1964

Subject: Control of public dramatic performances Reason: Contravenes Constitutional and Humanitarian Rights Grade: 5

What is the Law? • The vague nature of the provisions is in contravention of the Right to Freedom of Speech and Expression which The Act regulates public dramatic performances with the is inherent in the conduct of dramatic performances.4 objective of preventing objectionable performances. • There are provisions in other statutes such as the Key Features Indian Penal Code (IPC) which impose ‘reasonable restrictions’ on free speech and objectionable and The term ‘objectionable performance’ as defined in inciting content. A specific law to impose restrictions on the Act has an extremely broad meaning. It includes dramatic performances over and above Constitutionally effects such as ‘the seduction of members of the armed permitted limitations to free speech is restrictive for forces from their duty’, the blaspheming or profaning citizens and is harmful. of religious beliefs or gross obscenity and indecency. It also bestows the power on the State Government to ask • The court in the case of N.V. Sankaran Alias Gnani for a copy of the written dramatic piece to ascertain if vs The State of Tamil Nadu5 decided on 23 January it is objectionable. The State Government can, by order 2013, involving a similar Act, opined in respect of the and stating reasons, prohibit any performance which it Tamil Nadu Dramatic Performances Act, 1954 that the considers objectionable. Penalties for disobedience of definition under Section 2(1) defining “objectionable such an order include imprisonment for up to 3 months performance” is too vague to be brought within and/or fines up to one thousand rupees. Even the the restriction of Article 19(2) of the Constitution owner or occupier who open their premise for such a thereby declaring the Act to be unconstitutional. The performance shall be subject to the prescribed penalties. Act in question prescribes the same definition for “objectionable performance” and therefore is deserving Reasons for Repeal of annulment.

• The Act has a high potential for misuse given the broad • Hence, the must be repealed. scope of the term ‘objectionable performances’ and the vast powers that have been granted to the State Issues Government to prevent such performances. There are no legal issues that would impede repeal.

4 Bhautik Vijaykumar Bhatt v. Central Board for Film Certification, (C/WPPIL/104/2013). 5 N.V. Sankaran Alias Gnani vs The State of Tamil Nadu (2013(1) CTC686)

12 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 13 KARNATAKA PROVISIONAL 4 COLLECTION OF TAXES ACT, 1974

Subject: Levies & Taxes Reason: The Act has been subsumed by Central legislation, namely the Goods and Services Act, 2017 Grade: 5

What is the Law? • The statement of objects and reasons of this Act enabled the State Government to provisionally collect taxes, The Act provides for immediate effect being given for pending enactment of the relevant legislation. Since a a limited period to provisions in Acts relating to the more comprehensive legislation has been enacted the imposition or increase of taxes. It also deals with the Act, does not serve any purpose. Hence, provisions provisional collection of taxes. have become obsolete. Key Features Issues

This is a temporary legislation for collection of taxes by There are no legal issues that would impede repeal. the State Government till there is a relevant legislation However, a savings clause may be added in the repealing enacted by the Central Government legislation with respect to cases pending under the Act, stating that the same shall not be subject to the repealing Reasons for Repeal legislation.

• The Act has been subsumed by the recent Goods and Services Act, 2017.

14 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 15 KARNATAKA VILLAGE PANCHAYATS 5 (POSTPONEMENT OF ELECTIONS) (AMENDMENT) ACT, 1976

Subject: Panchayat Elections Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

The Act was passed to amend the Karnataka Village • As the purpose of the Act- to postpone the elections Panchayats (Postponement of Elections) Act, 1975. This in a year- has been fulfilled, the Act does not serve any Act sought to substitute the figure and words “31st purpose. Hence the provisions have become obsolete. December 1976” in place of “31st December 1975” in sub-section 3 of Section 1. Accordingly, the Act sought Issues to postpone the village Panchayat elections from 1975 to 1976. There are no legal issues that would impede repeal. Key Features

This Act postponed the village Panchayat elections from 1975 to 1976 by amending the Karnataka Village Panchayats (Postponement of Elections) Act, 1975. This Act also repeals the Karnataka Village Panchayats (Postponement of Elections) (Amendment) Ordinance, 1975.

14 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 15 RELIEF UNDERTAKINGS (SPECIAL 6 PROVISIONS) ACT, 1977

Subject: Business & Economy Reason: The Act is Redundant Grade: 4

What is the Law? • Further, the Act overrides the Industrial Disputes Act, and thus leaves few options available to banks and This Act was enacted to provide temporary relief through creditors of industries that are unable to repay their financial assistance to businesses, in the form of loans or financial dues. grants from the government. This was for the benefit of the employees of such businesses who would be left • The Insolvency and Bankruptcy Code, 2016 provides without a job if these businesses ran into financial ruin. for the Insolvency Resolution Process, during which Similar laws existed in the State of Gujarat and Delhi, financial creditors assess whether the debtor’s business which have been repealed. is viable to continue and the options for its rescue and revival. The Code provides for a mechanism through Key Features which an industrial undertaking can be revived. This process is devoid of all the issues that are associated This Act suspends the liabilities of undertakings that have with providing financial assistance as provisioned under been declared as ‘relief undertakings’ under this Act. The this Act, such as the risk of improper use of the financial main purpose of this legislation is to assist the employees assistance, the state government being discriminative of the businesses, which ran into financial problems. in its approach while declaring certain industries as “relief undertakings” etc. Reasons for Repeal • Similar laws existed in the State of Gujarat and Delhi, • The Act suspends liabilities of undertakings that have which have been repealed.6 been declared ‘relief undertakings’ under this Act. This makes the legislation prone to misuse since it can Issues be used as a tool by undertakings to evade financial obligations towards their creditors. There seems to be no legal issues that would impede repeal. However, a savings clause may be added in the • The Act does not lay down a specific criterion for a repealing legislation with respect to cases pending under business to be declared a ‘relief undertaking’, but leaves the Act, stating that the same shall not be subject to the it at the discretion of the State Government to grant repealing legislation. businesses financial assistance and declare them as ‘relief undertakings’. This may allow the Government to favor certain businesses while denying relief to others, and hence be a tool for corruption.

6 Centre for Civil Society, DELHI- Laws for Repeal, available at http://ccs.in/sites/default/files/research/30-laws-for-repeal-delhi.pdf.

16 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 17 KARNATAKA PREVENTION OF 7 DESTRUCTION AND LOSS OF PROPERTY ACT, 1981

Subject: Criminal Legislation Reason: The Act has been subsumed by Central Legislation Grade: 5

What is the Law? • For same offence, IPC prescribes for lesser punishment. This makes law on unlawful assembly confusing. The Act provides punishments for loss or damage caused to property either by an unlawful assembly under • The enactment of the legislation in question was the Section 141 of the IPC or at a time when an assembly need of the hour as indicated by the statement of of five or more persons is unlawful due to a curfew. The objects and reasons. The present circumstances do Act permits the State Government to impose a collective not require a special law for punishing loss or damage fine upon the inhabitants of an area in case they abet the caused to property. offence or fail to assist the police. • The Act, though a criminal legislation, provides for a fine Key Features for an entire area of people by executive order without a hearing. A hearing is provided only subsequently if Owing to events preceding this act, it was considered the order is appealed. Further, the result of the appeal expedient to provide legislation for deterrent punishment merely results in the deduction of the appellant’s fine and to impose a collective fine on the inhabitants or from the total. No provision for a collective appeal has other persons concerned or otherwise involved in their been made in the Act. commission and to apportion among them the loss or damage sustained. • Since the offence is already punishable under IPC, duplicate provision for same offence with different Reasons for Repeal punishment under this Act and the IPC is not desirable.

• Damaging/destroying property and obstruction of a Issues police investigation are already punishable under the IPC, 1860. There are no legal issues that would impede repeal.

16 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 17 KARNATAKA APPROPRIATION 8 (VOTE ON ACCOUNT) ACT, 1981

Subject: Finance Reason: The Purpose has been Achieved Grade: 5

What is the Law? • The Law Commission of India has recommended the repeal of certain obsolete Central Acts (including This Act was passed to authorize payment and Appropriation Act) in its 248th Report. appropriation of certain sums from and out of the Consolidated Fund of the State of Karnataka for the • The Commission states that the Appropriation Act services of a part of the financial year 1981-82. It should be repealed as they are enacted for one financial authorizes payment of an amount of 630,76,86,000 out year only and become redundant after a period.7 of the Consolidated Fund of Karnataka. • Thus, the Act is fit for repeal as it has become redundant Key Features as the purpose has been achieved.

The Act authorizes payment of an amount of Issues 630,76,86,000 out of the Consolidated Fund of Karnataka. There are no legal issues that would impede repeal. Reasons for Repeal

• The purpose of this legislation has been achieved and hence it must be repealed. Repeal of Appropriation Acts does in no way have any negative impact on actions that were validly taken under these Acts.

7 248th Law Commission of India, Obsolete Laws: Warranting Immediate Repeal, 7 (2014).

18 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 19 KARNATAKA CONTINGENCY FUND 9 (AMENDMENT) ACT, 1981

Subject: Finance Reason: The Act is Redundant Grade: 5

What is the Law? further amended by the Karnataka Contingency Fund (Amendment) Act, 1984 and the Karnataka This is an Act to amend the Karnataka Contingency Fund Contingency Fund (Amendment) Act, 1985 that was Act, 1957. It alters the amount of Contingency Fund from passed subsequently, and the latter is still in effect. The ‘twenty crores of rupees’ to ‘thirty crores of rupees’. amendment made by the 1981 Amendment Act has thus become redundant. Key Features • Thus, the Act is fit for repeal as it has become redundant. The Act alters the amount of Contingency Fund from twenty crore rupees to thirty crore rupees. Issues

Reasons for Repeal There are no legal issues that would impede repeal.

• The Karnataka Contingency Fund Act, 1957 was

18 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 19 KARNATAKA CONTINGENCY FUND 10 (AMENDMENT) ACT, 1984

Subject: Finance Reason: The Purpose has been Achieved Grade: 5

What is the Law? further amended by the Karnataka Contingency Fund (Amendment) Act, 1985 that was passed subsequently This is an Act to amend the Karnataka Contingency Fund and is still in effect. The Karnataka Contingency Fund Act, 1957. It alters the amount of Contingency Fund from (Amendment) Act, 1985 altered the amount from ‘sixty ‘thirty crores of rupees’ to ‘sixty crores of rupees’. crore rupees’ to ‘eighty crore rupees’. The amendment made by the 1984 Amendment Act has thus become Key Features redundant.

This Act alters the amount of Contingency Fund from • Thus, the Act is fit for repeal as it has become redundant thirty crores of rupees to sixty crores of rupees. Issues Reasons for Repeal There are no legal issues that would impede repeal. • The Karnataka Contingency Fund Act 1957 was

20 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 21 KARNATAKA PREVENTION OF DANGEROUS 11 ACTIVITIES OF BOOTLEGGERS, DRUG- OFFENDERS, GAMBLERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS. SLUM-GRABBERS AND VIDEO OR AUDIO PIRATES ACT, 1985 Subject: Criminal Legislation Reason: The Act has been held Unconstitutional Grade: 5

What is the Law? repealed or found unconstitutional. For instance, the Supreme Court of India in State of Madhya Pradesh v. The Act provides for preventive detention of persons for Baldeo Prasad8 found the Act unconstitutional because several offences, on the grounds of being ‘prejudicial to adequate safeguards were not provided under the Act. the maintenance of public order’. It stated that a threshold test to pass an order under the Act is that the person must be goonda (or one of Key Features the other offenders mentioned in the Act). However, the ambiguous definition of ‘goonda’ provided under Under the provisions of this Act, the State Government the Act does not provide sufficient guidance to the may, if it is satisfied in such regard, order detention of such Magistrate responsible for passing orders under the Act. persons as specified under the Act, and no order passed in this regard shall be deemed invalid or inoperative merely • The Act, following several amendments, prohibits a because it is vague, non-relevant, or not connected or wide variety of offences ranging from online piracy, proximately connected to such person. The maximum bootlegging to regular IPC offences. Consequently, period for which any person may be detained shall be the Act is overbroad, i.e., it includes behavior that the twelve months from the date of detention. legislature is not entitled to prohibit. The Supreme Court has found the legislation unconstitutional on Reasons for Repeal grounds of overbreadth.9

• All the offences provided for by the Act are punishable Issues by imprisonment (as opposed to preventive detention under this Act) either under the IPC, 1860 or the There are no legal issues that would impede repeal. Information Technology Act, 2000. However, a savings clause may be added in the repealing legislation with respect to cases pending under the • Similar Goonda Acts have been enacted across states Act, stating that the same shall not be subject to the in India. In some states, the Goonda Act has been repealing legislation.

8 State of Madhya Pradesh v. Baldeo Prasad, (AIR 1961 SC 293). 9 Gautam Bhatia, Karnataka’s Amendments to the Goonda Act Violate Article 19(1)(a), INDIAN CONSTITUTIONAL LAW AND PHILOSOPHY (Aug. 5, 2014), available at https://indconlawphil.wordpress. com/2014/08/05/karnatakas-amendments-to-the-goonda-act-violate-article-191a/ (Last visited on Oct. 21, 2017).

20 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 21 THE KARNATAKA REGULARISATION OF 12 UNAUTHORISED CONSTRUCTIONS IN URBAN AREAS ACT, 1991

Subject: OUTMODED MUNICIPAL MEASURES Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

The Act creates a Statutory Authority to regularize • The Act only permits regularization of constructions unauthorized constructions in urban areas made prior to made prior to the 1st of January 1995. Applications to the 1 January 1995. the Authority under the Act were to be made prior to the 31st of December 1995. Key Features • Since the date for applications to the Authority has Under the provisions of this Act, any unauthorized lapsed now, the Act does not serve any purpose. Hence construction made in any urban area, made prior to the provisions have become obsolete now. first day of January 1995 by any person on land may, on the application of such person made be regularized. For Issues regularization, the State Government may appoint an officer to be a Competent Authority for such area as may There are no legal issues that would impede repeal. be specified by it, who shall scrutinize the application received and make a provisional order of regularization of such unauthorized constructions.

22 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 23 THE KARNATAKA HINDU RELIGIOUS 13 INSTITUTIONS AND CHARITABLE ENDOWMENTS ACT, 1997

Subject: REGULATION OF HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS Reason: The Act contravenes constitutional provisions Grade: 4

What is the Law? • The Court in Shri Sahasra Lingeshwara temple v. State of Karnataka11 has held that the impugned Act is The law has been enacted to regulate the establishment, violative of Article 14 of the Constitution of India. The management and funding of Hindu religious institutions court noted that in the guise of uniform religious law and charitable endowments. to the State, the State has chosen to exclude a Math or Temple attached thereto for applicability of the Act Key Features and no valid and acceptable reasons are forthcoming of such an exclusion. The exclusion of Maths would be Section 7 of the Act mandates that the Commissioner, in violation of Article 14 of the Constitution of India - Deputy Commissioner, Assistant Commissioner or any Further held, that the matter of Exclusion of Sikhs, Jains other Officer who has been appointed to carry out the etc. is a discriminatory matter in violation of Article 14 of functions laid down under the Act shall be a Hindu. the Constitution of India. The Officer shall cease to hold that office when said Officer ceases to profess the Hindu faith. It also contains • Further, amendments made to the Act are merely provisions relating to the audit of financial accounts cosmetic in nature insofar as it relates the matter of of such institutions and the alienation of immovable unconstitutionality as held by the Supreme Court. property belonging to them. The Court in Grand Kakatiya Sheraton Hotel and Towers Employees and Workers Union vs. Srinivasa Resorts Limited Reasons for Repeal and others12 held that, in a situation where a statute is held to be unconstitutional, the offending provisions • Recent years have seen a trend in Karnataka where cannot be reintroduced with cosmetic changes. non-Hindus have been appointed as officers of Hindu religious institutions and endowments. However, this Issues has been accompanied by calls for the removal of such priests using this Act. In one case, a Muslim official who There are no legal issues that would impede repeal. issued temple invites was sought to be removed using Section 7.10 Hence, there is a need to curb the potential for misuse that arises out of this statute.

10 Raghava M. ‘Temple function invitation issued as per protocol’, THE HINDU (March 16, 2016), available at http://www.thehindu.com/news/cities/Mangalore/temple-function-invitation-issued-as-per- protocol/article8358505.ece (last visited on October 21, 2017). 11 Shri Sahasra Lingeshwara temple v. State of Karnataka 2006 (4) KCCR 2608 12 (2009) 5 SCC 342

22 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 23 14 KARNATAKA RENT ACT, 1999

Subject: Property Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

This is the law in the State of Karnataka to regulate • The provisions of the law are redundant considering the rent and eviction, which replaced the Karnataka Rent new Model Tenancy Law, 2011. Act, 1961. • The Act gives unbridled powers to the landlords such Key Features as providing vacant possession to the landlord under section 34 of the Act. The application of this legislation is restricted to any residential building the Standard Rent of which does • The instances of agreements submitted to the not exceed rupees 3,500 per month in the areas covered jurisdictional officer have been few and far between. by Karnataka Municipal Corporation Act, 1976 and rupees 2,000 per month in other areas and a commercial • Hence, it is submitted that this Act has become building having plinth area of not exceeding 14 square redundant. meters; and buildings which are more than 15 years old. Issues The Rent Deed is required to be in writing and registered. Under this legislation, tenancy is made inheritable to a There are no legal issues that would impede repeal. limited extent. However, a savings clause may be added in the repealing legislation with respect to cases pending under the Act, stating that the same shall not be subject to the repealing legislation.

24 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 25 THE KARNATAKA RIGHT TO INFORMATION 15 ACT, 2000

Subject: Statutory right Reason: The Act has been subsumed by subsequent legislation, namely the Right to Information Act, 2005 Grade: 5

What is the Law? duly catalogued and indexed; and publish all relevant facts concerning policies that affect the public while The Act provides that public authorities in Karnataka announcing such policies. must maintain records in the manner laid down. Further, it provides citizens with the statutory Right to Reasons for Repeal Information. Citizens can access the aforesaid records, with a few exceptions laid down by the Act, by applying • The subsequent Right to Information Act, 2005 to the competent authority under the Act in the manner enacted by the Central Government performs the same prescribed. This Act is a precursor to the Right to function as this Act. This is currently not used, as public Information Act, 2005 enacted by the Central Government. authorities in Karnataka as well are governed by the Central Legislation. Applications to public authorities in Key Features Karnataka must be made as per the Central Legislation and not this Act. The Act acknowledges the necessity to have a legislation to provide right of access to information to the citizens of • Consequently, the Act serves no purpose. the State which would promote openness, transparency and accountability in administration and ensure Issues effective participation of people in the administration. Further, every Public Authority shall maintain all There are no legal issues that would impede repeal. records consistent with their operational requirements

24 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 25 THE KARNATAKA RESERVATION OF 16 APPOINTMENT OR POSTS (IN THE CIVIL SERVICES OF THE STATE) FOR RURAL CANDIDATES ACT, 2000

Subject: Affirmative Action Reason: The Act is Redundant Grade: 3

What is the Law? Reasons for Repeal

The Act was passed to provide horizontal reservation to • Classification based on residence is not permissible the extent of ten per cent for rural candidates. under Art. 15 of the Constitution, and violates the Fundamental Right to Equality of other applicants.15 Key Features • The metric of classification as a ‘rural candidate’ is Sec. 2(2) of the Act defined a rural candidate as one different from the one laid down in the Civil Services who has completed a specifically defined part of their Rules, 1997.16 education in a non-urban area, or a non-transitional area as defined under the Karnataka Municipalities Act.13 Issues Section 3 provides for horizontal reservation of 25 per cent of the vacant seats for direct recruitment to the There are no legal issues that would impede repeal. civil services, for rural candidates. It also provides for the concept of Creamy Layer to be applied to exclude rural candidates from benefitting from such reservation under specific categories.14

13 Section 349, Karnataka Municipalities Act, 1964. 14 Section 3, Karnataka Reservation of Appointment or Posts (In the Civil Services of the State) for Rural Candidates Act, 2000 15 State of Uttar Pradesh v Pradip Tandon, AIR 1975 SC 563. 16 Rule 2(o), Karnataka Civil Services (General Recruitment) Rules, 1977.

26 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 27 THE KARNATAKA CONTROL OF 17 ORGANIZED CRIMES ACT, 2000

Subject: Criminal legislation Reason: The Act is Redundant Grade: 4

What is the Law? Evidence Act, 1872 in Dagdu v. State of Maharashtra18 has held that “The archaic attempt to secure confessions The Karnataka Control of Organized Crimes Act, 2000 by hook or by crook seems to be the be all and end all of makes special provision for prevention and control of the police investigation” Such a provision facilitates organized crime. It defines “organized crime” as any forced extraction of confessions by police officers and continuing unlawful activity by an individual, singly or violates the right against self-incrimination guaranteed jointly, either as a member of an organized crime syndicate under Article 20(3) of the Constitution. or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful • A trial under the KCOC can be held in camera and means, with the objective of gaining pecuniary benefits, or the details of witnesses kept secret. Such permission gaining undue economic or other advantage for himself or militates against the framework of civilized society. any other person or promoting insurgency.17 “It destroys transparency and openness of Justice”. (Krishna Iyer). Key Features • According to Section 22, bail can be granted only if the The Act provides special provision for prevention Court is satisfied that there are reasonable grounds for and control of criminal activity by an organized crime believing that the accused is not guilty of the offence syndicate. If the organized crime results in death, it is and that she is not likely to commit the offence while on punishable with death or imprisonment for life and a bail. The Provision requires the Judge to determine the fine not less than 1 lakh. If anyone harbors or conceals or guilt of the accused at the preliminary stage itself and attempts to conceal any member of the organized crime violates the right to fair trial. syndicate, they can be punished with an imprisonment of not less than five years. • The Act vests unbridled powers with the police, thereby, leaving a huge scope for misuse. For example, An offence under this Act can only be tried by a Special an individual’s communication channels may be Court in whose jurisdiction the offence was committed. intercepted by police which may amount gross violation Appeal from the decision of the Special Court lies to the of individual’s right to privacy.19 High Court. The Act further permits interception of wire, electronic or oral communication by investigating office • Another serious concern is the procedure permitting subject to required permission. detention for indefinite period, which amounts to punishment. There is no definite time frame for disposal Reasons for Repeal of cases.

• Section 19 of the Act allows for certain confessions made Issues to the police officer to be taken into consideration. The Supreme Court considering Section 25 of the Indian There are no legal issues that would impede repeal.

17 Section 2(e), The Karnataka Control of Organized Crimes Act, 2000. 18 Dagdu v. State of Maharashtra1977 AIR 1579 15 State of Uttar Pradesh v Pradip Tandon, AIR 1975 SC 563. 19 Section 14, The Karnataka Control of Organized Crimes Act, 2000.

26 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 27 PROHIBITION OF SMOKING AND 18 PROTECTION OF HEALTH OF NON- SMOKERS ACT, 2001

Subject: Protection of public health from smoking Reason: The Act has beensubsumed by subsequent legislation, namely the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 Grade: 4

What is the Law? Reasons for Repeal

The Act aims to prohibit smoking in public places and • The Cigarettes and Other Tobacco Products (Prohibition vehicles, and for the protection of the health of public of Advertisement and Regulation of Trade and in the state of Karnataka; and protect the non-smoking Commerce, Production, Supply and Distribution) public from the hazards of passive smoking. The Act Act 2003 and the Rules made there under are more recognizes that the promotion of smoking through comprehensive since they give detailed restrictions on advertisements needs to be discouraged. the nature and size of advertisements, and make health warnings on cigarette packs mandatory. Key Features • The 2003 Act covers all the provisions of this Act, thus The most important feature of the Act is that it prohibits making them redundant and causing an overlap in the act of smoking in public places or public vehicles. legislation. It also prohibits advertisements that promote the sale and use of cigarettes and ‘beedis’ except the ones on • The pecuniary penalties imposed under the 2003 Act cigarette packages or those displayed near warehouses are heavier and are more likely to act as deterrents as and shops distributing cigarettes or beedis. It further compared to this legislation. It would be undesirable to provides that a person who smokes in a public place can have dual standards at the Central and State level about be removed should she refuse to desist from smoking the restrictions applicable to the production and sale of after being asked by an authorized officer or a police tobacco. officer not below the rank of Sub-Inspector. Penalties of imprisonment for a period of up to three months and Issues fines up to one thousand rupees for repeat offences are provided for in the legislation. There are no legal issues that would impede repeal.

28 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 29 KARNATAKA DETERMINATION OF SENIORITY 19 OF GOVERNMENT SERVANTS, 2002 Subject: Recruitment Reason: The Act is Redundant Grade: 4

What is the Law? and provides for consequential seniority to persons belonging to Scheduled Caste/Scheduled tribes in This law provides for determination of seniority of promotion. Government Servants. This law removes the catch-up rule and provides for consequential seniority to the SCs/ • The Supreme Court in the case of B.K. Pavitra and STs in promotion . Ors. v. Union of India (UOI) and Ors.21 stated that the exercise for determining ‘inadequacy of representation’, Key Features backwardness and inefficiency is a must for exercise of power under Article 16(4A). The Court noted that The purpose of this law is to ensure that ambiguities are just because there is no proportional representation removed, and it is ensured that Government Servants in the posts for promotion of SCs/STs, it is not enough belonging to the Scheduled Castes and the Scheduled to give consequential seniority to promotees who are Tribes are promoted and entitled to seniority in junior and thereby not giving seniority to those are accordance with the policy of reservation contained in given promotion because of reservation. The State shall the Reservation Order. place material to show the compelling necessity of such exercise. In the instant case, no such exercise was Reasons for Repeal undertaken.

• The Supreme Court has struck down the provisions Issues of this legislation as being violative of the Indian Constitution.20 There are no legal issues that would impede repeal.

• The Act is ultra vires of Article 14 and 16 of the Indian Constitution as it does away with the catch-up rule

20 B.K. Pavitra and Ors. vs. Union of India (UOI) and Ors., AIR 2017 SC 820. 21 ibid

28 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 29 SPECIAL TAX ON ENTRY OF 20 CERTAIN GOODS ACT, 2004

Subject: Taxation Reason: Superseded by more recent legislations, namely the Goods and Services Act. 2017 Grade: 5

What is the Law? of the Act defines offences under the Act, and provides for penalties, for both individuals and companies who The Act provides for the levy of a special tax on the commit these offences. entry of certain goods into local areas of Karnataka for consumption, use or sale. Reasons for Repeal

Key Features • Taxation of goods has been subsumed within the Central Goods and Services Act, 2017. Chapter II of the Act provides for the levy of taxes on the entry of ‘notified goods’ into the State of Karnataka • The later Act is more comprehensive and in consonance for consumption, use or sale therein. This burden of with the economic policy of the nation. Hence, this act payment of the tax lies on the ‘importer’ of the goods. has become redundant. However, such tax can be offset against any Sales Tax or Value-Added Tax that may have been levied regarding Issues the same goods within Karnataka. The burden of proving that the entry of goods does not merit the levy of the There are no legal issues that would impede repeal. tax lies on the importer themselves. Finally, Chapter IV

20 B.K. Pavitra and Ors. vs. Union of India (UOI) and Ors., AIR 2017 SC 820. 21 ibid

30 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 31 KARNATAKA APPROPRIATION 21 (VOTE ON ACCOUNT) ACT, 2008

Subject: Finance Reason: The Purpose has been Achieved Grade: 5

What is the Law? does in no way have any negative impact on actions that were validly taken under these Acts. An Act to provide for the withdrawal of certain sums from and out of the Consolidated Fund of the State of Karnataka • The Law Commission of India recommended repeal of for the services of a part of the financial year 2008-09. It certain obsolete Central Acts (including Appropriation authorizes payment of an amount of 2,90,27,30,77,000 Act) in its 248th Report. out of the Consolidated Fund of Karnataka. • The Commission states that the Appropriation Acts Key Features should be repealed as they are enacted for one financial year only and they become redundant after a period.22 The Act authorizes payment of an amount of INR 2,90,27,30,77,000 out of the Consolidated Fund of • Thus, the Act is fit for repeal as it has become redundant Karnataka. as the purpose of the Act has been achieved.

Reasons for Repeal Issues

• The purpose of this legislation has been achieved and There are no legal issues that would impede repeal. hence it must be repealed. Repeal of Appropriation Acts

22 248th Law Commission of India, Obsolete Laws: Warranting Immediate Repeal, 7 (2014).

30 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 31 22 KARNATAKA APPROPRIATION ACT, 2008

Subject: Finance Reason: The Purpose has been Achieved Grade: 5

What is the Law? does in no way have any negative impact on actions that were validly taken under these Acts. An Act to provide for the withdrawal of certain sums from and out of the Consolidated Fund of the State of Karnataka • The Law Commission of India recommended repeal of for the services of a part of the financial year 2007-08. It certain obsolete Central Acts (including Appropriation authorizes payment of an amount of INR 33,11,01,01,000 Act) in its 248th Report. out of the Consolidated Fund of Karnataka. • The Commission states that the Appropriation Acts Key Features should be repealed as they are enacted for one financial year only and they become redundant after a period.23 The Act authorizes payment of an amount of INR 3,311,01,01,000 out of the Consolidated Fund of • Thus, the Act is fit for repeal as it has become redundant Karnataka. as the purpose of the Act has been achieved. Reasons for Repeal Issues

• The purpose of this legislation has been achieved and There are no legal issues that would impede repeal. hence it must be repealed. Repeal of Appropriation Acts

23 248th Law Commission of India, Obsolete Laws: Warranting Immediate Repeal, 7 (2014).

32 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 33 KARNATAKA CIVIL SERVICES (WATER 23 RESOURCE SERVICE) (SPECIAL RECRUITMENT OF ASSISTANT ENGINEERS AND JUNIOR ENGINEERS) ACT, 2013

Subject: Recruitment Reason: The Purpose has been Achieved Grade: 3

What is the Law? matter of dispute post- 2015. This Act was enacted for appointment of the Assistant and Joint Engineers in On July 13, 2012, the Karnataka High Court declared Water Resource Services. the Karnataka Civil Services (Absorption of Assistant Engineers and Junior Engineers appointed on contract • The State Government got an extension till January basis and on adhoc basis in Water Resources Services) 31, 2015 and through the Karnataka Public Service (Special) Rules, 2002 as unconstitutional. It directed Commission, completed the process of appointment of the government to initiate fresh recruitment. The High 550 Assistant/Junior Engineer. As per the data available Court’s order was challenged before the Apex Court, in public domain (only till 2015), 422 out of 550 engineers which had on December 14, 2012, dismissed the Special to be appointed as per this Act have received their Leave Petition, but ordered that any person who has appointment letter.24 But there was an issue regarding been working on ad hoc basis and was eligible at the 21 incumbent engineers who failed to qualify the fresh initial time of his appointment can apply in pursuance recruitment process. The government responded to of any advertisement made even if they have become the issue by stating that these 21 incumbent engineers above-age. need not worry, as out of 550 candidates many would not be joining, allowing the 21 to get a post via wait- Key Features list. Though no information after this is available in public domain, if the appointment process has been The Karnataka High Court declared the Karnataka Civil completed, the purpose of the Act can be assumed to Services (Absorption of Assistant Engineers and Junior be achieved. Engineers appointed on contract basis and on adhoc basis in Water Resources Services) (Special) Rules, 2002 • Therefore, the purpose of the Act has been achieved as unconstitutional. This Act was enacted for the purpose and it does not serve any other purpose further.25 to fill the vacancies created. Issues Reasons for Repeal There are no legal issues that would impede repeal. • This law or any notification under it has not been a

24 Kumar Buradikattia, UKP engineers relieved after appointment orders are issued, THE HINDU (October 24, 2015) available at http://www.thehindu.com/news/national/karnataka/ukp-engineers-relieved- after-appointment-orders-are-issued/article7798922.ece. 25 http://www.thehindu.com/news/national/karnataka/ukp-engineers-relieved-after-appointment-orders-are-issued/article7798922.ece

32 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 33 KARNATAKA PREVENTION OF DANGEROUS 24 ACTIVITIES OF BOOTLEGGERS, DRUG- OFFENDERS, GAMBLERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS. SLUM- GRABBERS AND VIDEO OR AUDIO PIRATES (AMENDMENT) ACT, 2014

Subject: Criminal Legislation Reason: The Act is Redundant Grade: 4

What is the Law? • The amendments may be deemed to be violative of the freedom of speech under Article 19(1)(a) of the The Act amends the principal legislation to include audio Constitution as it allows for imprisonment of those and video piracy as grounds for preventive detention as preparing to engage in the prohibited behavior. This being opposed to the maintenance of public order. amounts to a prior restraint of speech on the Internet. The Supreme Court has repeatedly held that prior Key Features restraint of speech is impermissible.27

This Act amends the principal Act to provide for • Article 246 read with List I (Union List) of the Seventh detention of persons who are engaged or are preparing Schedule of the Constitution of India specifies those for engaging in video or audio pirating habitually for subjects on which the Centre has the authority to make commercial gain, which affect adversely the maintenance laws. Offences related to and committed by “video or of public order in relation to cinematograph film or a audio pirates” or “digital offenders” as explained under record embodying any part of the sound track associated the Karnataka Goondas Act are subjects on which the with the film, punishable under the Copyright Act, 1957. Centre has the authority to make laws, by the provisions relating to posts and telegraphs; telephones, wireless, Reasons for Repeal broadcasting and other like forms of communication (Entry 31 of List I) and patents, inventions and designs; • Audio and video piracy are punishable under the copyright; trade-marks and merchandise marks and Information Technology Act, 2000 by imprisonment (as merchandise marks (Entry 49 of List I).28 opposed to preventive detention under this Act). Piracy is also punishable under the Copyright Act 1957. Issues

• Seemingly innocuous behavior such as forwarding There seems to be no legal issues that would impede music on WhatsApp could fall within the ambit of the repeal. However, appropriate orders may have to be offence due to the broad definition, rendering the Act made for detainees currently serving sentences under extremely liable to misuse.26 the Act.

26 Nehaa Chaudhari, Karnataka’s ‘Goondas Act’ – An examination, SPICY IP (Aug. 13, 2014), available at https://spicyip.com/2014/08/guest-post-karnatakas-goondas-act-an-examination.html (Last visited on Oct. 21, 2017). 27 Gautam Bhatia, Karnataka’s Amendments to the Goonda Act Violate Article 19(1)(a), Indian Constitutional Law and Philosophy (Aug. 5, 2014), available at https://indconlawphil.wordpress. com/2014/08/05/karnatakas-amendments-to-the-goonda-act-violate-article-191a/ (Last visited on Oct. 21, 2017). 28 Nehaa Chaudhari and Amulya Purushothama, Karnataka Goondas Act – A note on Legislative Competence, Spicy IP (Aug. 28, 2014), available at https://spicyip.com/2014/08/guest-post-karnataka- goondas-act-a-note-on-legislative-competence.html (Last visited on Oct. 21, 2017).

34 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 35 34 | KARNATAKA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in KARNATAKA - REPEAL LAW COMPENDIUM | 35 Centre for Civil Society A-69, Hauz Khas, New Delhi - 110016 Tel.: +91 11 2653 7456 | 4160 7006 | 4162 9006 Fax: +91 11 2652 1882 Email: [email protected] www.ccs.in • www.ijustice.in

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2017 Maharashtra REPEAL LAW COMPENDIUM 2017

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About Maharashtra National Law University Mumbai The Maharashtra National Law University Act (ACT VI of 2014) was promulgated, after having received the assent of the Governor of Maharashtra, by a Notification in the Maharashtra Government Gazette, on 20 March 2014. Accordingly, the first of these Universities, namely Maharashtra National Law University Mumbai was established, and the founding Vice-Chancellor appointed, on 10 October 2014. The Universities at Nagpur and Aurangabad were also established thereafter on 15 May 2015 and 23 February 2017 respectively. Hon’ble Mr. Justice S.A. Bobbed, Judge, Supreme Court of India, is the Chancellor of the MNLU at Mumbai and Nagpur. Professor (Dr.) Bhavani Prasad Panda is the first Vice Chancellor of MNLU Mumbai

MNLU’s motto is /kesZrRijrk which means ‘Preparedness to Uphold Dharma’.

The founder, Hemant K Batra, believes in having a strong commitment towards the community. Hence, Kaden Boriss actively supports socio-economic, community & societal initiatives and non-profit organizations, providing them with pro bono legal services and financial support, when required.

Table of Contents

Introduction 7 Research Methodology 8

Compendium of Laws to be Repealed in Maharashtra

1 Tobacco Duty (Town of Bombay) Act 11 2 Exemption from Land Revenue (no. 1) Act 12 3 Exemption from Land Revenue (no. 2) Act 13 4 City of Bombay (Building Works Restriction) Act 14 5 Bombay High Court (Letters Patent) Act 15 6 Tolls on Roads and Bridges Act 16 7 Central Provinces Land Revenue Act 17 8 Central Provinces Tenancy Act 18 9 Bombay Pleaders Act 19 10 City ofBombay Primary Education Act 20 11 Bombay Bhagdari and NarwadariTenures Abolition Act 21 12 Khoti Abolition Act 22 13 Seals Act 23 14 Building (Control on Erection) Regulation Act 24 15 Special Suits and Proceedings Validating Act 25 16 Dekkan Agriculturists’ Relief (Suits and Applications) Validation Act 26 17 Electricity (Special Powers) (Application to Scheduled Areas) Regulation Act 27 18 Town Planning Schemes [Bombay city nos. ii, iii and iv (Mahim Area)], Validation Act 28 19 Statutory Corporation (Regional Reorganization) Act 29 20 Interest Extension Act 30 21 Maharashtra Kidney Transplantation Act 31 Authors and Contributors

AUTHORS

Amisha Lolusare

Kopal Garg

Muskan Badhoria

Saisha Bacha

Sajid Sheikh Faculty Coordinator

CONTRIBUTORS

Hemant K. Batra Founder & Global Chairman, Kaden Boriss Partners

Neeti Shikha National Coordinator, Project Repeal of Laws, Centre for Civil Society Associate Professor, Symbiosis Law School Noida

Nitesh Anand Associate, Advocacy, Centre for Civil Society

1 The report can be accessed at www.ccs.in/100laws Research Methodology

This compendium of “Recommended laws for Repeal in the state of Maharashtra” has a total of 21 laws ranging from British to more recent laws. There are laws dealing with various subjects and the reasons for repeal are also very varied. Few of the key features are:

A. Law Enactment Year

Before 1900

8 1947-2000 11

1901 to Pre-Independence

8 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 9 B. Themes

Administration 3

Rent and Tenancy 2

Land and Revenue 8

Education 1

Medical and Healthcare 1

Labor and Service 2

Judicial System 4

C. Reasons for repeal

Redundant 5

Subsumed by Subsequent Legislation 5

Purpose Achieved 11

Constitutional and Humanitarian Rights 0

D. Grading

Grade 5 18

Grade 4 3

Grade 3 0

8 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 9 Compendium of Laws to be Repealed in MAHARASHTRA

10 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 11 TOBACCO DUTY (TOWN OF BOMBAY) 1 ACT, 1857

Subject: TAXES Reason: The Act is subsumed by subsequent Central legislation, namely the Central Excise Act, 1944 Grade: 4

What is the Law? • The P.C. Jain Commission has also recommended for its repeal at SI. No. 98 of Annexure A-5.2 The Act amended the law relating to the duties payable on, and the retail sale and warehousing of tobacco, in the • The Law Commission of India in its 249th Report at SI. town of Bombay. No. 21 has also recommended the Act for repeal.3

Key Features • This Act was recommended for repeal by the Report of the Committee to identify the Central Acts which are Bare text not available. not relevant or no longer needed or require repeal/re- enactment in the present Socio-Economic context.4 Reasons for Repeal Issues • Tobacco duties are imposed under the Central Excise Act, 1944, since ‘duties of excise on tobacco manufactured There are no legal issues that would impede repeal. or produced in India’ falls under List I, Entry 84 of the However, a savings clause may be added in the repealing Seventh Schedule. legislation with respect to cases pending under the Act, stating that the same shall not be subject to the • The provisions of the current Act have been subsumed repealing legislation. by the Central Excise Act.

2 PC Jain Commission Report, Appendix A-5, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 3 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, available at: http://lawcommissionofindia.nic.in/reports/Second%20In- terim%20Report%20on%20Obsolete%20Laws.pdf 4 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1,

10 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 11 EXEMPTION FROM LAND REVENUE 2 (NO. 1) ACT, 1863

Subject: LAND AND REVENUE Reason: The Act has achieved its Purpose/ Obsolete Law Grade: 5

What is the Law? remain to be adjudicated or are pending any appeal, notwithstanding the fact that subsequent thereto by This Act facilitates adjustment of unsettled claims to the abolition of Inams and Jagirs by various enactments exemption from the payment of Government land they may not be of importance relating to payment of revenue. It helps regulate the succession to, and transfer revenues of such personal grants. of, lands wholly or partially exempt from the payment of such revenue in those parts of the Bombay Presidency. • If any dispute relating to payment of revenue, including exemptions therefrom arises after coming into the force Key Features of Maharashtra Land Revenue Code, it shall necessarily be governed by the said Code and not the Exemption The Act governs pending matters concerning specific from Land Revenue Act. The Act has achieved its claims of Land Revenue. It states the right of State purpose and there are no pending claims to which this Government to levy nazrana and quit rent, binding on Act applies, i.e. claims prior to 1863. holder and rightful owner and that lands held wholly or partially on behalf of religious or charitable institutions is • This Act has also been suggested for repeal by the exempt from the payment the land-revenue. Maharashtra State Law Commission in its First Report of the Maharashtra, Code Volume No. 1 (March 2002). Reasons for Repeal

• It is clear from the reading of the Object Clause as well as the Preamble of the Acts that they were intended Issues to govern pending matters concerning specific claims of Land Revenue. Furthermore, these Acts related to There are no legal issues that would impede repeal. certain areas, which were earlier not in the erstwhile However, a savings clause may be added in the repealing State of Bombay or in the present State of Maharashtra. legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the • It is highly improbable that any pending claims to repealing legislation. which these Acts apply i.e., claims prior to 1863 yet

12 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 13 EXEMPTION FROM LAND REVENUE 3 (NO. 2) ACT, 1863

Subject: LAND AND REVENUE Reason: The Purpose has been Achieved Grade: 5

What is the Law? Acts apply i.e., claims prior to 1852 or 1863) remained to be adjudicated or were pending any appeal. This Act provides for summary settlement of claims for Notwithstanding the fact that subsequent thereto by exemption from the payment of Government land- the abolition of Inams and Jagirs by various enactments revenue, and for regulating the terms upon which such there may not be of importance relating to payment of exemption shall be recognized in future, in those parts revenues of such personal grants. of the Bombay Presidency which are not subject to the operation of Act XI of 1852 of the Council of India. • If any dispute relating to payment of revenue, including exemptions therefrom, arises after coming into the force Key Features of Maharashtra Land Revenue Code, it shall necessarily be governed by the said Code and not the Exemption The Act discusses the future of land held as Saranjam from Land Revenue Act. The purpose of the Act has and Judi. It gives the power to authorize and guarantee achieved as there are no pending claims to which this continuance, in perpetuity of land in certain districts to Act applies, i.e. claims prior to 1863. holders on terms and conditions agreed to. • This Act has also been suggested for repeal by the Reasons for Repeal Maharashtra State Law Commission in its First Report of the Maharashtra, Code Volume No. 1 (March 2002). • It appears, from the reading of the Object Clause as well as the Preamble of the Act that it was intended Issues to govern pending matters concerning claims of Land Revenue. Furthermore, these Acts are related to certain There are no legal issues that would impede repeal. areas, which were not in the erstwhile State of Bombay However, a savings clause may be added in the repealing or in the present State of Maharashtra. legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the • The First Law Commission had the view that it is highly repealing legislation. improbable that any pending claims (to which these

12 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 13 CITY OF BOMBAY (BUILDING 4 WORKS RESTRICTION) ACT, 1863

Subject: LABOUR AND SERVICE Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

This Act was passed to restrict the construction, • It is evident from section 3 of the Act that the restriction alteration and repair of buildings in certain areas in the on building works was intended to be enforced for two City of Bombay. years from the date of commencement of the Act. It is hence evident that the purpose of this Act has been Key Features achieved, and that the Act may be repealed.

The Act limits construction of any wall in the prescribed • This Act has also been suggested for repeal by the Area and vests the power in the Commissioner to ensure Maharashtra State Law Commission in its Third Report the enforcement of the same. The Commissioner, may by of the Maharashtra, Code Volume No. 3 (June 2002) her discretion have any work done removed which is in contravention of such limits. Further, penalties may be Issues imposed in cases of violation. There are no legal issues that would impede repeal.

14 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 15 BOMBAY HIGH COURT (LETTERS PATENT) 5 ACT, 1866

Subject: JUDICIAL ADMINISTRATION Reason: The Act is Redundant Grade: 5

What is the Law? of the Parent Act and hence the amending Act has become obsolete. The Act was enacted to rectify errors in the Letters Patent for High Court of Judicature for the Presidency of • In the judgment pronounced in the case of Anilkumar Bombay. Phoolchand Sanghvi and Ors. vs. Chandrakant P. Sanghvi and Ors.5 in 2016, the Appellant contended the Lower Key Features court order based on the Act. The High Court, dismissed the appeal and held that Clause XII of the Letters Patent The Act aimed to correct errors in the Letters Patent for the Act does not affect the reasoned judgement. High Court of Judicature for the Presidency of Bombay. • This Act has been suggested for repeal by the Reasons for Repeal Maharashtra State Law Commission in its First Report of the Maharashtra, Code Volume No.1 (March 2002) • The amending Act was intended to correct the clerical errors by substituting the section itself and by coming Issues into operation There are no legal issues that would impede repeal. • The substituted sections have become part and parcel

5 MANU/MH/0102/2016

14 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 15 6 TOLLS ON ROADS AND BRIDGES ACT, 1875

Subject: Municipal Corporation and Public Welfare Reason: The Act has been subsumed by a subsequent legislation, namely the Bombay Motor Vehicles Tax Act, 1958 Grade: 5

What is the Law? Reasons for Repeal

The Act was passed to enable the Government to levy • Section 20 of the Bombay Motor Vehicles Tax Act, tolls on public roads and bridges in the Presidency of 1958 lays down the provisions that bar the levying of Bombay. any tolls on any vehicle, animal or person by the State Government or by any local board, and on any motor Key Features vehicle, by any other local authority subject to the provisions of subsection (1A), (1B), (1C), (1D), (1E) and Section 3 of the Act enables the Provincial Government (1F). The non-obstante clause under sub-section (1A) to fix the rates of tolls to be levied and prescribes that the expressly renders the provisions of the Tolls on Roads rates shall not exceed those mentioned in the Schedule. and Bridges Act, 1875 inapplicable in the principal which mentions the vehicles, animals or persons on matters which were intended to be primarily governed which the toll is to be levied. by it further substantiates the stand that the Act is no longer of any use. The Tolls on Roads and Bridges Act is an archaic law which empowered the officers to levy toll on road traffic. • The provisions of the Bombay Motor Vehicle Act, 1958 The rate ranged from Rs 1 for four-wheeled carriage on virtually subsume the provision of the Tolls of Roads and springs, to 12 annas for carts and hackery. Further, the Bridges Act, 1875. ‘foot-passengers’ too needed to have special sanction from the Government to walk, use bridges or hill roads • This Act has also been suggested for repeal by the and had to pay a toll of three paisas in some areas. The Maharashtra State Law Commission in its First Report of proceeds of the levy would go to construction, repair and the Maharashtra, Code Volume No. 1 (March 2002). maintenance of roads and bridges within the Presidency of Bombay. Issues

There are no legal issues that would impede repeal.

16 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 17 CENTRAL PROVINCES LAND REVENUE 7 ACT, 1881

Subject: Land Revenue Reason: The Act isRedundant Grade: 5

What is the Law? Revenue Codes and hence this law is redundant. In the case of Maharashtra, the Maharashtra Land The Act aims to consolidate and amend the law relating Revenue Code, is applicable, and hence the subject to land revenue and the power of Revenue Officers in the matter is sufficiently covered.6 Central Provinces. • This Act was recommended for repeal by the Law Key Features Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal” (Second Interim Report; The Act prescribes the powers of the Revenue Officers and Report No. 249).7 procedures related thereto. The Act further prescribes that the Settlement Officers shall make a list of lands • This Act has also been recommended for repeal by the which do not have owners, and shall demarcate such PC Jain Commission Report.8 lands as Government property. Further, the Act provides for the maintenance of records of rights in relation to the • This Act was recommended for repeal by the Report of lands surveyed under the Act. the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re- Reasons for Repeal enactment in the present Socio-Economic context.9

• The areas under the erstwhile Central Provinces now Issues fall in the States of Madhya Pradesh, Maharashtra and Chhattisgarh. All these States have their own There are no legal issues that would impede repeal.

6 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 24, available at: http://lawcommissionofindia.nic.in/reports/Second%204 4 Interim%20Report%20on%20Obsolete%20Laws.pdf 7 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 24, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 8 PC Jain Commission Report, Appendix A-5, p. 83, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 9 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 319, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

16 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 17 8 CENTRAL PROVINCES TENANCY ACT, 1898

Subject: Rent and Tenancy Reason: The Act is Redundant Grade: 5

What is the Law? case of Maharashtra, the Maharashtra Rent Control Act, 1999 provides a similar objective that is “to unify, This Act aims to consolidate and amend the law relating consolidate and amend the law relating to the control to agricultural tenancies in the Central Provinces. of rent and repairs”

Key Features • This Act was recommended for repeal by the Law Commission of India Report on “Obsolete Laws: The Act prescribes regulation of agricultural tenancies Warranting Immediate Repeal” (IInd Report; Report No. in the Central Provinces. It further divides tenants into 249).11 categories and makes provisions relating to rent payable by the same. The Act prescribes the rights and liabilities • This Act has been recommended for repeal by the PC of an absolute occupancy tenant, and that such tenant Jain Commission Report.12 shall not be ejected from her holding by the landlord for any cause. • This Act was recommended for repeal by the Report of the Committee to identify the Central Acts which are Reasons for Repeal not relevant or no longer needed or require repeal/re- enactment in the present Socio-Economic context.13 • The States which constituted the erstwhile Central Provinces – Madhya Pradesh, Maharashtra and Issues Chhattisgarh now have their own Rent Control and Tenancy Acts making this Act inapplicable10. In the There are no legal issues that would impede repeal.

10 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 33, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 11 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, p. 33, available at: http://lawcommissionofindia.nic.in/reports/Second%20 Interim%20Report%20on%20Obsolete%20Laws.pdf 12 PC Jain Commission Report, Appendix A-5, p. 83, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 13 Report of the Committee to identify the Central Acts which are not relevant or no longer needed or require repeal/re-enactment in the present Socio-Economic context, Prime Minister’s Office, Volume 1, part I, p. 324, available at: http://www.pmindia.gov.in/wp-content/uploads/2015/01/Extracts-of-the-Committee-of-the-Report-Vol.I-.pdf

18 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 19 9 BOMBAY PLEADERS ACT, 1920

Subject: Courts and Jurisdiction Reason: The Act has been subsumed by the Centre’s Dowry Prohibition Act, 1961 Grade: 5

What is the Law? Reasons for Repeal

This Act was passed to consolidate and amend the law • The provisions of this Act have been subsumed by the relating to pleaders in the Presidency of Bombay. Advocates Act, 1961.

Key Features • Further, there are no cases of recent usage of the Act. The last case contended on the Act was decided in 1956 The Act prescribes the extent and transfer of Sanads for district pleaders. It lays guidelines for the manner • The purpose of this Act has been achieved in which Vakils should practice and the entitlement of Vakils to practice in the High Court. The Act provides for a • The Act has also been suggested for repeal by the right to issue restricted Sanads to non-qualified pleaders Maharashtra State Law Commission in its First Report of practicing in Indian courts. Further, the provisions of the the Maharashtra, Code Volume No.1 (March 2002). Act prescribe the fee structure and levy of taxes on the income of pleaders. Issues

There are no legal issues that would impede repeal.

18 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 19 CITY OF BOMBAY PRIMARY EDUCATION 10 ACT, 1920 Subject: Education Reason: The Act has been subsumed by a subsequent Central Legislation, namely the Right to Education Act, 2009 Grade: 5

What is the Law? Reasons for Repeal This Act was passed to extend primary education to Greater Bombay. • The Act has been subsumed by the Right to Education Act, 2009 Key Features • The Act has also been suggested for repeal by the This Act exclusively extends to the City of Bombay and Maharashtra State Law Commission in its First Report of provides for primary education in Bombay and is to the Maharashtra, Code Volume No.1 (March 2002). be construed as supplementary to the City of Bombay Municipal Act, 1888. It levies a duty on parents to ensure Issues that children attend school, and prescribes penalty in cases of non-compliance. There are no legal issues that would impede repeal.

20 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 21 BOMBAY BHAGDARI AND NARWADARI 11 TENURES ABOLITION ACT, 1949

Subject: Land and Tenancy Reason: The Purpose has been Achieved Grade: 4

What is the Law? Reasons for Repeal

This Act was passed to abolish the Bhagdari and • It is apparent from Sections 2 and 3 of the Act that Narwadari Tenures in the province of Bombay the person in lawful possession of the land is made Occupant Class-I and is made liable to the Government Key Features for payment of land revenue. In this case, the land is not resumed and therefore, there is no question of This Act abolishes the Bhagdari and Narwadari tenure. regranting it. Merely tenure is changed. The person in It prescribes that the holder of land forming part of possession of the land is recognized as occupant and the Bhag, Narwa, etc. shall be an occupant within the is made liable to pay land revenue and the provisions meaning of the Bombay Land Revenue Code, 1879 and of the Land Revenue Code are made applicable. The shall be entitled to all rights and obligations in respect procedures under this Act are to be completed in a of such land as an occupant. The Act states that all other prescribed time frame. majmun land and other property to be property of the Government. Any alienation, assignment, mortgage • This Act has also been suggested for repeal by or any other encumbrance made shall not be invalid. Maharashtra State Law Commission in its Tenth Report The Act further states that the custom of female helm on The Maharashtra Code. excluded by male heirs shall be void. Issues

There are no legal issues that would impede repeal.

20 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 21 12 KHOTI ABOLITION ACT, BOMBAY 1949

Subject: Land and Revenue Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

The Act provides for the abolishment of the Khoti tenure • The Act prescribes that the person in lawful possession in the State of Bombay of the land shall made Occupant and be liable to the Government for payment of land revenue. In this case, Key Features the land is not resumed and therefore, there is no question of regranting it. The procedures laid down The Act provides for the abolition of Khoti tenure. Under under Act shall be completed in the prescribed time the provisions of this Act uncultivated and waste lands frame. Such time frame has lapsed and hence the Act and all property of like nature vests in the Government. may be deemed to have achieved its purpose. It further repeals Section 37 and 38 of The Khots Leases Act, 1865, Section 114 of The Bombay Land Revenue Issues Code, 1879 and The Khoti Settlement Act, 1880 There are no legal issues that would impede repeal.

22 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 23 13 SEALS ACT, BOMBAY 1949

Subject: Judicial Administration Reason: The Purpose has been Achieved Grade: 5

What is the Law? Court and Civil Court. As provided in Section 2 of the Act, the words “the Ashoka Capital Motif” have The Act aims to provide for the alteration of seals been incorporated in Clause 6 of the Letters Patent. prescribed in the Letters Patent of the High Court and Similarly, as provided in section 3 and 4, corresponding related enactments thereto. amendments have been made in sections 11 and 29 of Bombay Civil Courts Act, 1869 (Act No. XIV of 1869). The Key Features purpose of the Act has been achieved, and it may be repealed. The Act prescribes an Amendment to clause 6 of the Letters Patent of the High Court of Judicature for the • The Act has also been suggested for repeal by Presidency of Bombay, to substitute the “Our Royal Arms” Maharashtra State Law Commission in its Third Report for “the Ashoka Capital Motif”. on The Maharashtra Code Volume No. III June 2002 Reasons for Repeal Issues

• The Act prescribes the alteration of seals of the High There are no legal issues that would impede repeal.

22 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 23 BUILDING (CONTROL ON ERECTION) 14 REGULATION, 1950

Subject: Labor and Service Reason: The Act is Redundant Grade: 5

What is the Law? the Bombay Building (Control on Erection) Act, 1948, as amended, are made applicable to the scheduled This Act was passed to provide for the control on erection areas in the State of Maharashtra. This Act itself has and re-erection of buildings in certain prescribed areas in been repealed by the Bombay Building --(Control on the State of Bombay. Erection Re-erection and Conversion) (Repeal) Act, 1971 and therefore, the provisions of this Regulation are Key Features redundant now and hence, it may be repealed.

This Act is exclusively applicable to the areas specified • This Act has also been suggested for repeal by under it in the State of Maharashtra and regulates Maharashtra State Law Commission in its Third Report buildings that are intended to be used for a theatre, a on The Maharashtra Code Volume No. III June 2002 cinema or any other place of public amusement. Issues Reasons for Repeal There are no legal issues that would impede repeal. • By Section 2 of this Regulation, Sections 2 to 14A of

24 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 25 SPECIAL SUITS AND PROCEEDINGS 15 VALIDATING ACT, 1951

Subject: Courts and Jurisdiction Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

This Act was passed to validate the special jurisdiction • The Act served a restricted purpose of validating suits and proceedings in the State of Bombay. decrees and orders passed as per the special jurisdiction conferred by the State. in a limited time frame. the Key Features notification conferring such powers upon the High Court was held to be ultra vires by the Bombay High Court, Under the provisions of this Act, decrees and orders as the Hon’ble Apex Court in its wisdom, subsequently passed by the High Court in special jurisdiction suits opined that such notification was intra vires. and proceedings shall be deemed to have been validly passed by the High Court and shall not be deemed to be • The proceedings have been validated, and hence, the invalid merely because the notification conferring such Act has achieved its purpose. powers upon the High Court was held to be ultra vires by the Bombay High Court, as the Hon’ble Apex Court in its • This Act has also been suggested for repeal by the wisdom, subsequently opined that such notification was Maharashtra State Law Commission in its Third Report intra vires. of the Maharashtra, Code Volume No.3 (June 2002) Issues

There are no legal issues that would impede repeal.

24 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 25 DEKKAN AGRICULTURISTS’ RELIEF 16 (SUITS AND APPLICATIONS) VALIDATION ACT, 1954 Subject: Land and Revenue Reason: Purpose has been Achieved Grade: 5

What is the Law? Agriculturists’ Relief Act, 1879. The Act has achieved its purpose, and hence, may be repealed. This Act was passed to validate the special jurisdiction suits and proceedings in the State of Bombay. • This law has also been suggested to be repealed as per the recommendation of the Report No. 248 of the Law Key Features Commission of India in 2014.14

This Act was passed to validate certain suits and • The law has been recommended for repeal by the application that had been instituted under the re- Maharashtra State Law Commission - Third Report on enacted Dekkhan Agriculturists Relief Act, 1879, after The Maharashtra Code Volume No. III (June 2002). such re-enactment had expired. Issues Reasons for Repeal There are no legal issues that would impede repeal. • The Act was passed with the sole purpose to validate the suits and proceedings instituted under the Dekkhan

14 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf

26 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 27 ELECTRICITY (SPECIAL POWERS) ACT 17 (APPLICATION TO SCHEDULED AREAS) REGULATION, 1955

Subject: Administration Reason: The Act is Redundant Grade: 5

What is the Law? applicable to the scheduled areas specified in the schedule annexed to the Regulation. These areas form This Act extend the application of the Bombay Electricity part of State of Bombay. Subsequently, by amendment (Special Powers) Act, 1946, to certain scheduled Act, namely, The Bombay Electricity (Special Powers) Areas in the State of Bombay, for the peace and good (Extension and Amendment) Act, 1958 the provisions governance of those areas. of the Act of 1946 have been made applicable to the whole State of Bombay. Therefore, the continuance of Key Features this Regulation is no longer necessary and hence, it may be repealed. The Act prescribes that the Bombay Electricity (Special Powers) Act 1946, shall apply to Navapur Petha and • This Act has also been suggested for repeal by Akrani Mahal in West Khandesh District, the Satpura Hills Maharashtra State Law Commission in its Fourth reserved forest areas in East Khandesh District, Kalvan Report on The Maharashtra Code Volume No. IV June Taluka and Peint Petha in Nasik District and Dahanu and 2002. Shahapur Talukas and Mokhada and Umergaon Pethas in Thana district. Issues

Reasons for Repeal There are no legal issues that would impede repeal.

• By this regulation the Bombay Electricity (Special Powers) Act, 1946 (Act No. XX of 1946) is made

26 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 27 TOWN PLANNING SCHEMES [BOMBAY 18 CITY NOS. II, III AND IV (MAHIM AREA)], VALIDATION ACT, 1957

Subject: Administration Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

This Act was passed to remove doubts and to establish • This Act had been passed to validate certain planning the validity of certain proceedings instituted under the schemes being executed in the Mahim area under the Bombay Town Planning Act, 1915, in the City of Bombay. provisions of Bombay Town Planning Act, 1915 (Act No. I of 1915) and Bombay Municipal Corporation Act, 1888 Key Features (Act No. III of 1888). The purpose has been achieved. Thus, it may be repealed. All acts done before the commencement of this Act by the State Government, the Municipal Corporation of • This Act has also been suggested for repeal by the City of Bombay, any Authority or Officer, connected Maharashtra State Law Commission in its Fourth Report thereto, under the Bombay Town Planning Act, 1915 shall on The Maharashtra Code Volume No. IV July 2002. be deemed to have been, validly done. Issues

There are no legal issues that would impede repeal.

28 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 29 STATUTORY CORPORATION (REGIONAL 19 REORGANISATION) ACT, 1960 Subject: Public Welfare Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal The Act was enacted to provide for the reorganization of corporations which has been established and were • This Act has been passed to take power for the functioning in the pre-reorganized State of Bombay. reorganization of certain corporations; and for matters connected therewith. The main purpose of this Act is to Key Features reorganize the Corporations region wise, so that they are separately functioning Corporations in Maharashtra The Act aims to reorganize certain corporations; and and Gujarat areas. Once this reorganization is for matters connected therewith by setting up separate complete, the purpose of this Act would be over. Such corporations for the Gujarat and Maharashtra regions of reorganization has been completed and therefore, this the State. Act may be repealed. Issues

There are no legal issues that would impede repeal.

28 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 29 20 INTEREST EXTENSION ACT, 1960

Subject: Revenue Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

This is an Act to consolidate and amend the law relating • Since the Interest Act, 1839 (Act No. XXXII of 1839) has to the allowance of interest in certain cases. been replaced by the Interest Act, 1978 (Act No. 14 of 1978), the provisions of this Act are no longer necessary Key Features and therefore, it may be repealed.

The Act prescribes the power to allow interest by Court in • This Act is not in use in the State of Maharashtra. No any proceeding for the recovery of any debt or damage or cases have been filed under this Act, and further, the Act in any proceedings in which a claim for interest in respect is not cited in any judgments. of any debt or damages already paid is made. The Court may, if it thinks fit, allow interest to the person entitled to • This Act has also been suggested for repeal by the debt or damages or to the person making such claim. Maharashtra State Law Commission. Issues

There are no legal issues that would impede repeal.

30 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 31 MAHARASHTRA KIDNEY 21 TRANSPLANTATION ACT, 1983

Subject: Public Health Reason: This Act is subsumed by a subsequent legislation namely Transplantation of Human Organs Act, 1994. Grade: 5

What is the Law? Government passed a “Transplantation of Human Organs Act’ under Article 252 of the Constitution of This Act was passed to make provisions for use of kidneys India. The State Government of Maharashtra was party of deceased persons, and for donation of kidneys, for to make request to the Center to pass such a law which therapeutic purposes. shall also be applicable to the State of Maharashtra, and hence this purpose does not warrant applicability Key Features considering the scheme of the Seventh Schedule of the Constitution. The Act provides that if any person has expressed a request that his kidneys can be used for therapeutic • This Act has also been suggested for repeal by the purpose after his death, the person lawfully in possession Maharashtra State Law Commission in its Eighth Report of the body after death can authorize removal of the of the Maharashtra, Code Volume No. 8 (November kidneys unless a near relative of the deceased objects. 2002). Reasons for Repeal Issues

• This law was passed in the State in 1982 and was There are no legal issues that would impede repeal. further amended in 1992. However, in 1994, the Central

30 | MAHARASHTRA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in MAHARASHTRA - REPEAL LAW COMPENDIUM | 31 Centre for Civil Society A-69, Hauz Khas, New Delhi - 110016 Tel.: +91 11 2653 7456 | 4160 7006 | 4162 9006 Fax: +91 11 2652 1882 Email: [email protected] www.ccs.in • www.ijustice.in

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About National Academy of Legal Studies and Research The National Academy of Legal Studies and Research (NALSAR) was established in 1998 by a Statute of the State of Andhra Pradesh. Since its inception, the University has been home to vital conversations on law and justice. Using law as an instrument of social change the University has supported crusades for land rights, disability empowerment and against moral policing and hate speech. NALSAR is committed to the creation of an ethical legal culture, which protects and promotes the rule of law. In accord with its liberal outlook, legal education is imparted in an inter- disciplinary manner. Consequently, there is convergence between the disciplines of law, social sciences, humanities, and management studies in both developing and executing the curriculum in the various degree and diploma courses. Teaching, we believe becomes monotonous and mediocre unless accompanied with both theoretical and empirical research. A symbiotic relationship between teaching and research has thus been proactively forged in the operation of the academic programs.

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Table of Contents

Introduction 7 Research Methodology 8 Compendium of Laws to be Repealed in Telangana

1 Agency Tracts Interest and Land Transfer Act 11 2 Anakapalle And Other Impartible Estates Act 12 3 Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act 13 4 Andhra Pradesh (Krishna And Godavari Delta Area) Drainage Cess Act 14 5 Andhra Absorbed Enclaves (Hyderabad Jagirdars Commutation Sum and Allowance) Act 15 6 The Telangana Hindu Widows Marriage Act 16 7 Andhra Pradesh (Telangana Area) Insolvency Act 17 8 Telangana Non-mulki Prostitutes and Dancing Girls Act 18 9 The Telangana Dowry Prohibition Act 19 10 The Telangana Gram Panchayats (Transitional Arrangements) Act 20 11 The Madras Buildings (Lease and Rent Control) Act 21 12 The Telangana Rinderpest Act 22 13 Mirzapuram and Pedagonnur Impartible Estates Act 23 14 Ellamarru and Penjendra Impartible Estates Act 24 15 Gajapathinagaram Taluk and Ongole District (Formation) Amendment Act 25 16 Central Provinces Tenancy Act 26 17 Andhra Pradesh Interest Free Sales Tax Loans for Industries (Imposition of Ceiling) Act 27 18 Andhra Pradesh Probation of Offenders Act 28 19 Andhra University (Extension of Term of Office of Vice-chancellor) Act 29 20 Rangaraya Medical College (Taking Over of Management) Act 30 21 Government Premises (Eviction) Act 31 22 Removal of Civil Disabilities Act 32 23 Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act 33 24 Tungabhadra Project (Prevention of Speculation in Land) Act 34 25 Malabar Wills Act 35 26 The Telangana Eunuchs Act 36 Authors and Contributors

AUTHORS

Abhijeet Singh Rawaley Third-year student at NALSAR, Bar Council of India Trust Scholar

Anurag Gupta Fifth-year student at NALSAR

Kushal Garg Fourth-year student at NALSAR

Lovish Gupta Fourth-year student at NALSAR, A member of the NALSAR Public Policy Group

Namratha Murugeshan Third-year student at NALSAR

Parika Kamra Fourth-year student at NALSAR

Rithvik Mathur Second-year student at NALSAR

Sudhanshu Kumar Faculty Co-ordinator

Vivek Mukherjee Faculty Co-ordinator

CONTRIBUTORS

Hemant K. Batra Founder & Global Chairman, Kaden Boriss Partners

Neeti Shikha National Coordinator, Project Repeal of Laws, Centre for Civil Society Associate Professor, Symbiosis Law School Noida

Nitesh Anand Associate, Advocacy, Centre for Civil Society

1 The report can be accessed at www.ccs.in/100laws Research Methodology

The identification of laws recommended for repeal in this compendium has been done through a scientific ‘grading’ method. ‘Grading’ of Cases for Repeal

This compendium of “Recommended Laws for Repeal in the State of Telangana” has a total of 26 laws ranging from the British period to the more recent laws. Few of the key features are:

A. Law Enactment Year Before 1900

7 1901 to Pre-Independence 1947-2000

8 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 9 B. Themes

Administration 7

Land and Revenue 6

Rent and Tenancy 3

Personal Law 4

Justice System 3

Education 1

Medical and Healthcare 1

Agriculture and Animal 1

C. Reasons for Repeal

Redundant 13

Subsumed by Subsequent Legislation 7

Purpose Achieved 5

Constitutional and Humanitarian Rights 1

D. Grading

Grade 5 20

Grade 4 4

Grade 3 2

8 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 9 Compendium of Laws to be Repealed in TELANGANA

10 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 11 AGENCY TRACTS INTEREST AND LAND 1 TRANSFER ACT, 1917

Subject: Property Law Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act was enacted to limit the rate of interest and • The Act applies to ‘agency tracts’ situated near to check transfers of land in the Agency tracts of the Visakhapatnam, Ganjam and Godavari districts. These Ganjam, Visakhapatnam and Godavari districts. regions are situated in the bifurcated State of Andhra Pradesh and hence out of the State boundaries of Key Features Telangana.

Section 4 of the Act prohibits transfer of any immovable • Hence, the Act has become redundant. property from a member of a hill tribe to a non-member unless express consent was given by the Agent. “Agency Issues tracts” means the scheduled districts as defined in Acts XIV and XV of 1847 and included within the districts of There are no legal issues that would impede repeal. Ganjam, Vizagapatam and Godavari. The Act has been made applicable in the State of Telangana vide of Sub. Order 5 and 6 of Notification dated June 1, 2016, titled “Laws in the combined state of Andhra Pradesh as on 02-06-2014, the appointed day adaptation to the state of Telangana”.

10 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 11 ANAKAPALLE AND OTHER IMPARTIBLE 2 ESTATES ACT, 1932

Subject: Property Law Reason: The Act is Redundant Grade: 5

What is the Law? • Further, the Act was an amendment Act to the Andhra Pradesh (Andhra Area) Impartible Estates Act, 1904. The Act was enacted to declare the Anakapalle and The latter was repealed by Andhra Pradesh (Andhra other estates to be impartible within the meaning of the Area) Estates (Abolition and Conversion into Ryotwari) Andhra Pradesh (Andhra Area) Impartible Estates Act, Act, 1948. Therefore, Anakapalle and other Impartible 1904. Estates Act, 1932 has become redundant its application. Key Features Issues

Section 2 of the Act was its key provision which There are no legal issues that would impede repeal. declared certain estates in the Vizagapatnam district to be impartible and could only be transferred by the owner subject to the provisions of the Act. [Anakapalle, Bharinikam, Munagapaka, Godicherla Sriramapuram, Koruprolu & Nakkapalle Estates in the Vizagapatnam district]. The Act has been made applicable in the State of Telangana vide of Sub. Order 5 and 6 of Notification dated June 1, 2016, titled “Laws in the combined state of Andhra Pradesh as on 02-06-2014, the appointed day adaptation to the state of Telangana”. Reasons for Repeal

• The Act declared estates in certain areas to be impartible, but they were only applicable to regions in Andhra region of the combined state of Andhra Pradesh. Therefore, they have no applicability in the State of Telangana.

12 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 13 ANDHRA PRADESH (ANDHRA AREA) 3 ESTATES LAND (REDUCTION OF RENT) ACT, 1948

Subject: Property Law Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act was an amendment Act enacted to provide for the • The Andhra Pradesh (Andhra Area) Estates Land reduction of rents payable by ryots in estates governed (Reduction of Rent) Act was applicable only in Andhra by the Madras Estates Land Act, 1908, approximately to Areas of the erstwhile combined state of Andhra Pradesh the level of the assessments levied on lands in ryotwari and the existing law won’t have any applicability in areas in the neighborhood and for the collection of such Telangana. rents exclusively by the State Government. • Hence, this Act shall be repealed. Key Features Issues The amendment inserts Section 3-A, 3-B and 3-C in the Principal Act (Madras Estates Land, 1908) which address There are no legal issues that would impede repeal. the issue of cancellation and correction of orders given by the government for fixing the rent payable in an area. The Act has been made applicable in the State of Telangana vide of Sub. Order 5 and 6 of Notification dated June 1, 2016, titled “Laws in the combined state of Andhra Pradesh as on 02-06-2014, the appointed day adaptation to the state of Telangana”.

12 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 13 ANDHRA PRADESH (KRISHNA AND 4 GODAVARI DELTA AREA) DRAINAGE CESS ACT, 1968

Subject: Taxation Law Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

The object of the Act was to raise funds for implementation • The Act was passed to levy an interim cess to raise of schemes to secure protection of the lands in the deltaic funds for implementation of schemes to protected area from ravages of the floods. As the Act was designed deltaic lands from floods. As the cess was to be levied to benefit the land in the divisions of the deltaic area, a for eleven years from the enforcement of Act, it fulfilled cess at uniform rate for each acre of the land in a division its purpose in 1981. was levied. • Furthermore, the provisions of this Act have been Key Features subsumed by the Andhra Pradesh (Krishna, Godavari And Pennar Delta Area) Drainage Cess Act, 1985. For levying cess for protection of areas in danger of being flooded, the Act defined the regions where cess would be Issues levied. Section 2 of the Act defined the ‘delta areas’ as the area comprising all the lands in the deltas of the Krishna There are no legal issues that would impede repeal. and Godavari rivers, irrigated whether by flow or lift, under the network of canals taking off from the barrage near Vijayawada on the Krishna river and the anicut near Dowlaishwaram on the Godavari river. Section 3 stated that for a period of eleven years, the State Government will levy a cess on every land in the delta area mentioned in the schedule.

14 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 15 ANDHRA ABSORBED ENCLAVES 5 (HYDERABAD JAGIRDARS COMMUTATION SUM AND ALLOWANCE) ACT, 1955

Subject: Compensation to Jagirdars Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

The Act was enacted to provide for the payment of interim • The Act came into being for paying interim allowance and commutation sum to certain ‘Jagirdars’ compensation to Jagirdars for absorption of their lands of the former State of Hyderabad whose villages have due to Exchange of Enclaves Order, 1950 between India been absorbed in the Andhra area of the State of Andhra and Hyderabad. The allowance to be paid was for a Pradesh because of the India and Hyderabad (Exchange period from 26 January 1950 to 31 March 1950. After of Enclaves) Order, 1950. the state had deposited the money, it was discharged from its liability. Key Features • The Act has fulfilled its purpose and has no relevance. Under the provisions of this Act, the State Government shall deposit cash in the Office of Tribunal constituted Issues under Section 8 of the Andhra Pradesh (Andhra (Area) Estates (Abolition and Conversion into Ryotwari) Act, There are no legal issues that would impede repeal. the interim allowance payable to Jagirs for the period from the 26th January, 1950 to the 31 March 1950 under the Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, and the commutation sum payable under the Andhra Pradesh (Telangana Area) Jagirs (Commutation) Regulation. On making such payment, the State Government shall be discharged from its duty.

14 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 15 THE TELANGANA HINDU WIDOWS 6 MARRIAGE ACT, 1347 F

Subject: Family Law Reason: The Act has been subsumed by the Hindu Marriage Act, 1955 and Hindu Succession Act, 1956 Grade: 3

What is the Law? both State and Center can make laws on the subject. The Centre enacted the Hindu Marriage Act in 1955 and This statute was passed for the validation of remarriage Hindu Succession Act in 1956. of Hindu widows . • Since the provisions of the Central Acts are inconsistent Key Features with the State Act, the former will prevail as per the law of repugnancy. The Act provides that any Hindu window could remarry a Hindu male whom she could have married in the instance Issues of her first marriage according to Hindu marriage laws. Further, upon remarriage, the statute holds that the There are no legal issues that would impede repeal. widows’ rights in her deceased husband’s property However, a savings clause may be added in the repealing would extinguish. legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the Reasons for Repeal repealing legislation.

• Marriage is listed as Entry 5 in the Concurrent List of the Seventh Schedule of the Indian Constitution. Therefore,

16 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 17 ANDHRA PRADESH (TELANGANA AREA) 7 INSOLVENCY ACT, 1351 F

Subject: Insolvency Law Reason: The Act has been subsumed by the Insolvency and Bankruptcy Code, 2016 Grade: 4

What is the Law? • Under the Andhra Pradesh Code, the decision of the court is final and binding whereas the Bankruptcy The objective of the Act is to amend and consolidate Code allows the debtor or the creditor to challenge the insolvency laws in the state of Andhra Pradesh. decision of the Resolution Professional by appealing the Adjudicating authority under Section 87. Key Features • Part II of the Insolvency Code is a complete code for Subject to the provisions of this Act, the Courts in the insolvency process of an individual and partnership City of Hyderabad may decide any question which arises firms. As the central Bankruptcy Code substantively in any case of insolvency and matters which require the covers the whole insolvency process and overhauls distribution of property. This Act specifically prevents a many provisions of the Andhra Pradesh Code, the latter petition of insolvency against any corporate body. should be repealed for redundancy. Reasons for Repeal Issues

• The provisions of this Act, especially Section 8 are There are no legal issues that would impede repeal. inconsistent with the provisions of the Insolvency and However, a savings clause may be added in the repealing Banking Code, 2016. legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the • Whereas the Andhra Pradesh Insolvency Act contains repealing legislation. provisions only for individual insolvents, the Bankruptcy Code has well defined and substantive coverage of a Fresh Start Process and Insolvency of individuals and partnership firms.

16 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 17 TELANGANA NON-MULKI PROSTITUTES 8 AND DANCING GIRLS ACT, 1350 F

Subject: Regulate activities of non-Mulki or non-residential prostitutes and dancers Reason: The Act has been subsumed by The Immoral Traffic (Prevention) Act, 1986 Grade: 5

What is the Law? and the New York Convention i.e. The Immoral Traffic (Prevention) Act, 1986. Hence, there is no need for the The Act aims to regulate activities of non-Mulki or non- current Act. residential prostitutes and dancers. Non-mulki means a prostitute/dancer residing in an area where this • Further, the act is unconstitutional inasmuch it infringes legislation was enacted, for less than 15 years. Non-mulki upon the right of residence under Article 19(1)(e) of the prostitutes or dancing girls were not allowed to reside Constitution of India. without obtaining a residence license. • In the case of Budhadev Karmaskar v. State of Key Features West Bengal,2 the Supreme Court held that, “Sex workers are also human beings, and no one The statute provides that any non-Mulki prostitute has a right to assault or murder them. A person or dancing girl desiring to carry on or continue her becomes a prostitute not because she enjoys it but occupation within the city of Hyderabad or any district because of poverty. Society must have sympathy upto which this Act extends, should apply in writing to towards the sex workers and must not look down the Commissioner of City Police or Superintendent of upon them. They are also entitled to a life of Police, for a grant of residence license. dignity in view of Article 21 of the Constitution.”

Reasons for Repeal In the case of PUCL v. Union of India,3 the SC referred to the Convention for Elimination of all forms of • The Act was enacted to determine the residence Discrimination Against women (CEDAW), to reiterate of women involved in prostitution. The unnatural that “eradication of prostitution in any form is integral discretion given to the police to regulate the residence to social weal and glory of womanhood” of non-Mulki dancers seems to be an arbitrary conferring of power on the police. Issues

• Further, India has a central legislation in lieu of its There are no legal issues that would impede repeal. obligations vis-a-vis article 253 of the constitution

2 Budhadev Karmaskar v. State of West Bengal (AIR2011SC2636) 3 PUCL v. Union of India (1982 AIR 1473)

18 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 19 THE TELANGANA DOWRY 9 PROHIBITION ACT, 1958

Subject: Dowry Prohibition Reason: The Act has been subsumed by the Centre’s Dowry Prohibition Act, 1961 Grade: 5

What is the Law? Reasons for Repeal

The Act is a state legislation to prevent the practice of • The unamended Section 10 of the 1961 Central dowry within Andhra Pradesh. It aims to regulate the Act explicitly repealed the Andhra Pradesh Dowry domiciles in the state of Andhra Pradesh regardless of Prohibition Act, 1958, (Andhra Pradesh Act 1 of 1958.) where the marriage was performed. However, it continues to remain on the statute books of Andhra Pradesh. Key Features • In Sushil 0Kumar Sharma v. Union of India (2005),5 the The Act identifies “dowry” to be any property or valuable Supreme Court upheld the constitutionality of dowry security given or agreed to be given to one party to prohibition laws. In the recent 2016 judgment of Bobbili a marriage or to any other person on behalf of such Ramakrishna Raju Yadav v. State of Andhra Pradesh,6 the party before or after the marriage as a consideration for Supreme Court reaffirmed its stand and held that dowry betrothal or marriage between the said parties. articles must be returned to the women.

It does not include Dower or Mahr in the case of person Issues to whom the Muslim Law applies. As per the case of Maqsood Main and Anr. vs Rukhsana Tazeem,4 dowry does There are no legal issues that would impede repeal. not include Mehr.

4 Maqsood Main and Anr. vs Rukhsana Tazeem (1999 CriLJ 681) 5 Sushil Kumar Sharma v. Union of India (AIR 2005 SC 3100) 6 Bobbili Ramakrishna Raju Yadav v. State of Andhra Pradesh (AIR2016SC442)

18 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 19 THE TELANGANA GRAM PANCHAYATS 10 (TRANSITIONAL ARRANGEMENTS) ACT, 1995 Subject: Administrative Law Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

This was an Act to Provide for the Administration of the • The Act was limited to provide ad-hoc administration Gram Panchayats in the State until the next Ordinary in village panchayats until the ordinary elections were Elections were held in 1999. to be held.

Key Features • Post the election period, the impugned Act does not serve any person and has become The Act was enacted for the transitional period. The redundant considering fresh elections and elected statute holds that notwithstanding anything contained representatives thereof. in the Andhra Pradesh Gram Panchayats Act, 1964 or in any notifications issued thereunder, every Sarpanch, Issues Upa-Sarpanch and members of all Gram Panchayats in the State who completed the normal term of office of five There are no legal issues that would impede repeal. years and are continuing in office after the expiry of their normal term of office on the date of commencement of this Act, shall be deemed to have ceased to hold office on the afternoon of the 23 April 1994.

20 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 21 THE MADRAS BUILDINGS (LEASE 11 AND RENT CONTROL) ACT, 1949

Subject: Real Estate Law, Municipal Law Reason: The Act is Redundant Grade: 4

What is the Law? must adhere to. Further, it describes for procedure eviction and immediate possession. The statute covers The objective of the Act was to regulate rents and leases many general aspects regarding tenancy in the erstwhile in the region of Madras. The State of Andhra Pradesh state of Madras. The act has been made applicable came into existence on the 1st of October 1953 under the in the State of Telangana vide of Sub. Order 5 and 6 of provisions of the Andhra State Act, 1953. By this Act, the Notification dated June 1st, 2016, titled “Laws in the Madras Act continued to be in operation in the State of combined state of Andhra Pradesh as on 02-06-2014, the Andhra Pradesh. By the States Reorganization Act, 1956 appointed day adaptation to the state of Telangana”. with the merger of the Telangana Area, the new state of Andhra Pradesh came into existence by the Notification Reasons for Repeal dated 1st November 1956. By States Reorganization Act, the Hyderabad House (Rent, Eviction and Lease) Control • The geographical area covered by this Act has changed Act, 1954 was in force in Telangana and in the Andhra multiple times since its enactment in 1955 in lieu of Area, the Madras Act was in force. Both the Madras and the reorganization of the state of Madras and the the Hyderabad Act were replaced by the Andhra Pradesh reorganization of the state of Andhra Pradesh. Buildings Act (Lease, Rent and Eviction) 1960. • There are newer laws adopted on the same subject by Key Features the Andhra Pradesh legislature.

The Act sets out to avoid collusion and works towards • Therefore, this statute has become redundant. setting out controls on price ceilings and floors for house lease and rents. It provides for various definitions relating Issues to time periods for leases, rents, notices of vacancies and determination of fair rent. It also provides for the terms There are no legal issues that would impede repeal. and the conditions that the tenants and the landlords

20 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 21 12 THE TELANGANA RINDERPEST ACT, 1940

Subject: Animals/Livestock Reason: The Act is Redundant Grade: 4

What is the Law? Reasons for Repeal

The Act was enacted in the erstwhile state of Madras • Scientific and technological advancements have for the purposes of dealing with cattle diseases. The Act defeated the purpose of this Act as Rinderpest is no provided for guidelines for the prevention of outbreak longer an infection in circulation. of cattle disease and what measures had to be taken in cases of such an outbreak. • This statute was enacted in 1940 to deal with a situation that can no longer arise. Key Features • The purpose of the statute has been exhausted. The Act prescribes certain rules for the treatment of cattle and cattle cadavers to prevent and control Issues contagious diseases of livestock. The State Government may prohibit or regulate to such an extent the transport There are no legal issues that would impede repeal. of any animal, or product thereof, which may in its opinion carry an infection.

22 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 23 MIRZAPURAM AND PEDAGONNUR 13 IMPARTIBLE ESTATES ACT, 1929

Subject: Property Law Reason: The Act is Redundant Grade: 5

What is the Law? of Telangana vide of Sub. Order 5 and 6 of Notification dated June 1st, 2016, titled “Laws in the combined state The Mirzapuram and Pedagonnur Estates are in the of Andhra Pradesh as on 02-06-2014, the appointed day Krishna and West Godavari districts. This Act designates adaptation to the state of Telangana”. that the said area would fall under the category of impartible estates within the meaning of the Andhra Reasons for Repeal Pradesh Impartible Estates Act. • The Act declared estates in certain areas to be impartible, Key Features but they were only applicable to regions in Andhra region of erstwhile Andhra Pradesh. Section 2 of the Act declares that the Mirzapuram and Pedagonnur Estates, in the Krishna and West Godavari • Therefore, they have no applicability in the State of districts, shall be impartible estates within the meaning Telangana. of the Andhra Pradesh (Andhra Area) Impartible Estates Act 1904. Their present owners as well as their heirs Issues and successors shall be subject to the provisions of that Act. The act has been made applicable in the State There are no legal issues that would impede repeal.

22 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 23 ELLAMARRU AND PENJENDRA 14 IMPARTIBLE ESTATES ACT, 1929

Subject: Property Law Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act declares the Ellamarru and Penjendra Estates to • The Act was an amendment Act to the Andhra Pradesh be impartible. (Andhra Area) Impartible Estates Act, 1904. The latter was repealed by the Andhra Pradesh (Andhra Area) Estates Key Features (Abolition and Conversion into Ryotwari) Act, 1948.

Section 2 of the Act declares that the Ellamarru and • Therefore, the Ellamarru and Penjendra Impartible Penjendra estates shall be impartible estates within Estates Act, 1929 is redundant. the meaning of the Andhra Pradesh (Andhra Area) Impartible Estates Act 1904 their present owners as Issues well as of their heirs and successors be subject to the provisions of that Act. There are no legal issues that would impede repeal.

24 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 25 GAJAPATHINAGARAM TALUK AND 15 ONGOLE DISTRICT (FORMATION) AMENDMENT ACT, 1972

Subject: Administrative Law Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act amends the Gajapathinagaram Taluk and Ongole • The districts covered under the provisions of this Act are District (Formation) Act, 1970. It seeks to create districts in territories that were allotted to the State of Andhra in erstwhile Andhra Pradesh. Pradesh post the bifurcation.

Key Features • Hence, the law is redundant in the State of Telangana.

Section 2 of the impugned Act provides for the creation Issues of the two districts in the erstwhile Andhra Pradesh. There are no legal issues that would impede repeal.

24 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 25 16 CENTRAL PROVINCES TENANCY ACT, 1898

Subject: Tenancy Reason: The Act is Redundant Grade: 5

What is the Law? • The Act was recommended for repeal in the Law Commission of India Report on “Obsolete Laws: It is an Act to consolidate and amend the Law relating to Warranting Immediate Repeal” (IInd Report; Report Agricultural Tenancies in the Central Provinces. No. 249).7

Key Features • This Act has been recommended for repeal by the PC Jain Commission Report.8 The Act regulates the agricultural tenancies in the Central Provinces, and consolidates and amends the law relating • This Act was recommended for repeal by the Report of to the same. It divides tenants into 5 categories and the Committee to identify the Central Acts which are makes provisions relating to rent payable by the tenants. not relevant or no longer needed or require repeal/re- enactment in the present Socio-Economic context.9 Reasons for Repeal • There are no pending issues that may impede its repeal. • The States which constituted the erstwhile Central Provinces now have their own rent control and tenancy Issues Acts making this Act irrelevant. It must therefore be repealed. The subject matter is sufficiently covered. There are no legal issues that would impede repeal.

7 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Second Interim Report, Report No. 249, available at: http://lawcommissionofindia.nic.in/ reports/Second%20Interim%20Report%20on%20Obsolete%20Laws.pdf 8 PC Jain Commission Report, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf 9 Report of The Committee to Identify the Central Acts Which Are Not Relevant or No Longer Needed or Require Repeal/Re-Enactment in The Present Socio-Economic Context, avail able at: http://lawmin.nic.in/ld/VOLUME-I(PART-I).pdf

26 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 27 ANDHRA PRADESH INTEREST FREE 17 SALES TAX LOANS FOR INDUSTRIES (IMPOSITION OF CEILING) ACT, 1987

Subject: Industries Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

It is an Act to fix the maximum amount of Interest • The Act was aimed to regularize and fix the maximum Free Sales Tax Loan to certain Industries in the State of Interest Free Sales Tax Loan during the period from Andhra Pradesh. 1st January 1976 to the 31st March 1984. Thereafter, the Andhra Pradesh Interest-free Sales Tax Loans Key Features for Industries (Imposition of Ceiling) Act, 1987 (Act 20 of 1987) was passed giving retrospectivity to the Section 2 of the Act provides for sanction of Interest Free provisions of the Act with effect from January 1, 1976. Sales Tax Loan subject to fact that the State Government may fix the maximum of the Interest Free Sales Tax Loan • Since the period fixed for the operation of this time during the period from 1st January, 1976 to the 31st has lapsed, it does not serve any purpose. It is hence March, 1984 in respect of new industrial units which go redundant and may be repealed. into regular production on or after the 1st January, 1976 and such other industrial units going in for substantial Issues expansion, situated in all the areas of the State of Andhra Pradesh excepting in the Municipal Corporation There are no legal issues that would impede repeal. limits of Hyderabad, Vijayawada and Visakhapatnam, However, a savings clause may be added in the repealing notwithstanding the limits specified in G.O. Ms. No. 224, legislation with respect to any cases pending under the Industries and Commerce Department, dated the 9th Act, stating that the same shall not be to subject to the March, 1976 and as subsequently modified from time repealing legislation. to time.

26 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 27 ANDHRA PRADESH PROBATION OF 18 OFFENDERS ACT, 1936

Subject: Criminal Law Reason: The Act has been subsumed by the Probation of Offenders Act, 1958 Grade: 5

What is the Law? shall be appointed and be responsible to give a pre- sentence report to the Magistrate and supervise the The Act aims to provide for the release on probation accused during the period of probation. of first offenders in certain cases and for other matters incidental thereto. • The Act can be repealed since the objects and reasons of this legislation are being sufficiently met with by the Key Features Central Act. The Probation of Offenders Act is wider in scope and further imposes a relatively harsher penalty. Under the provisions of this Act, if it appears to the Court that any person found guilty of an offence punishable • The Telangana State Prisons Department does not with imprisonment for not more than seven years and no mention the statute as a yardstick while detailing previous conviction, that it is expedient that the offender aspects relating to probation of offenders, and there are should be released on probation of good conduct, no reported cases of application of the said Act. the Court may; instead of sentencing them at once to any punishment, direct that they be released on them Issues entering a bond, with or without sureties. There are no legal issues that would impede repeal. Reasons for Repeal However, a savings clause may be added in the repealing legislation with respect to any cases pending under the • In 1958, the Parliament enacted the Probation of Act, stating that the same shall not be to subject to the Offenders Act, which prescribes that probation officers repealing legislation.

28 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 29 ANDHRA UNIVERSITY (EXTENSION OF 19 TERM OF OFFICE OF VICE-CHANCELLOR) ACT, 1958

Subject: Education Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal This was an Act to extend the term of Office of the present Vice-Chancellor of the Andhra University for a • The Act was meant for extending the term of Vice- very specific one-time instance. Chancellor at that point of time. The Act spoke to what now seems to be the urgent necessities and exigencies Key Features of that time (1958-1959) and is no more relevant as it laid down no general rule vis-a-vis the term of the Vice- The Act had an overriding effect over the Andhra Chancellor of Andhra University. University Act, 1925 (Madras Act II of 1926), insofar as the term of office of the Vice-Chancellor which, under • Its continuance on the statute-book may cause the said Act, extended upto the 8th December 1958. confusion as that Act is not of any use anymore. Overriding this operation, it extended the term of the then Vice-Chancellor upto the 8th April 1959. Issues

There are no legal issues that would impede repeal.

28 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 29 RANGARAYA MEDICAL COLLEGE (TAKING 20 OVER OF MANAGEMENT) ACT, 1977

Subject: Administrative Law Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act pertains to the management of a specific college • Since the Rangaraya Medical College is in Andhra that is in Kakinada in Andhra Pradesh now. Pradesh, the Act does not have relevance to the state of Telangana. Key Features • There are no branches or centers of the College that The management of the Rangaraya Medical College function within the Telangana region, hence the Act at Kakinada shall vest, in the Government and shall does not serve any purpose in the state of Telangana. continue to so vest for a period not exceeding 5 years, or until the Medical College is acquired, whichever is Issues earlier. The Medical College shall be deemed to include all rights and interests arising out of such property as There are no legal issues that would impede repeal. were, immediately before the appointed day, in the ownership possession, power or control of the private management, and all books of account, registers and all other documents whatever nature relating thereto.

30 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 31 GOVERNMENT PREMISES (EVICTION) 21 ACT, 1955

Subject: Administrative Law Reason: The Act has been subsumed by the Public Premises (Eviction of Unauthorized Occupants) Act 1971 Grade: 4

What is the Law? Unauthorized Occupants) Act 1971”. Which is a more general law that has broader application. The Act applies to the State of Hyderabad and was enacted in the year 1955, specifically relating to occupation of • The Act can be repealed since the objects and reasons the premises of Osmania Medical College; Government of this legislation are being sufficiently met with Ayurvedic College; and The Government Unani College. by the Central Act. The Public Premises (Eviction of Unauthorized Occupants) Act is wider in scope and Key Features further imposes a relatively harsher penalty.

The Act deals with the occupation of premises of the • This Act is redundant, in the present scenario of state Osmania Medical College; Government Ayurvedic organization. College; and The Government Unani College. The Act provides for procedure for eviction in cases of overstay Issues or misuse of government premises in the erstwhile state of Hyderabad. There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing Reasons for Repeal legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the • The Act is subsumed by “Public Premises (Eviction of repealing legislation.

30 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 31 22 REMOVAL OF CIVIL DISABILITIES ACT, 1938

Subject: Civil Law Reason: Obsolete/Subsumed by new legislation Grade: 3

What is the Law? Reasons for Repeal

The Act provides for the removal of Civil disabilities • The purposes of this Act seem to be subsumed by the among certain classes of Hindus, which are imposed granting of fundamental rights against discrimination by social custom and usage on certain classes of based on caste, creed and race and the abolition of Hindus commonly known as Harijans, Untouchables, or untouchability. For the non-state actors, the enforcement Depressed Classes. of SC/ST Act, 1989 has subsumed the purpose of the Act. To that extent, the state of Tamil Nadu, to which this Key Features law also applied, has already repealed it.

No Hindu shall, by reason merely of his belonging to any • Additionally, the Act seeks to impose disproportionate particular community or class be prevented from being penalty for the offences it discusses. Current Legislations appointed to any public office or enjoying any means of impose harsher penalty for same/ similar offences. transport or secular institution which the general public belonging to all other classes and communities have a Issues right to enjoy; and no Civil, Criminal or Revenue Court in adjudicating any matter shall recognize any custom There are no legal issues that would impede repeal. or usage under which it is sought to impose any civil However, a savings clause may be added in the repealing disability on any person by reason of his belonging to legislation with respect to any cases pending under the any such class or community. Act, stating that the same shall not be to subject to the repealing legislation.

32 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 33 NANDED SIKH GURUDWARA SACHKHAND 23 SHRI HAZUR APCHALNAGAR SAHIB ACT, 1956

Subject: Personal Law Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act aims to provide for the proper administration • In 1956 the Hyderabad Legislature made this law which of the Nanded Sikh Gurudwara Sachkhand Shri Hazur still governs the Gurudwara, but the territorial juris now Apchalnagar Sahib. lies with Maharashtra.

Key Features • The Law was adopted by the State of Bombay in the year 1956 under the Bombay (Hyderabad Area) Adaptation For the purposes of this Act there shall be constituted of Laws (State and Concurrent Subjects) Order, 1956. a Board and a Committee of Management and the This order was issued under the State Reorganization affairs of the Gurudwara shall be administered by Act, 1956. the Board constituted therefore. It shall be the duty of the Board to ensure that the Gurudwara and the • Hence, the law has become redundant as it no longer Gurudwara endowments are properly maintained, serves a purpose. controlled and administered and the income thereof is duly applied to the objects and for the purposes for Issues which they were intended. There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the repealing legislation.

32 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 33 TUNGABHADRA PROJECT (PREVENTION 24 OF SPECULATION IN LAND) ACT, 1947

Subject: Compensation Law Reason: The Purpose has been Achieved Grade: 5

What is the Law? • This Act was enforced for a smooth acquisition of land for the construction of the dam. This Act has been sans The Act aims to prevent speculation in land in the any activity after the construction of the dam. Tungabhadra Project Area. The State Government had commenced the execution of the Tungabhadra Project • The State of Tamil Nadu (erstwhile Madras Presidency) and considerable purchase of land which are of a has already repealed this Law in 1957, and it is evident speculative character have been made in the area which that it does not serve any purpose in the State of is likely to be irrigated when the Project is completed. Telangana. To prevent such speculation in land in the area, the law was passed. Issues

Key Features There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing Section 3 gave a right to the Government to acquire legislation with respect to any cases pending under the project land in certain cases and Section 10A gives a right Act, stating that the same shall not be to subject to the to the State Government to acquire land the alienation or repealing legislation. acquisition of which is null and void. Reasons for Repeal

• The construction of the Dam under the provisions of this Act was completed in 1953.

34 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 35 25 MALABAR WILLS ACT, 1898

Subject: Personal Law Reason: The Act is Redundant Grade: 5

What is the Law? of Telangana vide of Sub. Order 5 and 6 of Notification dated June 1st, 2016, titled “Laws in the combined state The Act declares the testamentary power of persons of Andhra Pradesh as on 02-06-2014, the appointed day governed by the Marumakkatayam of the Aliyasantana adaptation to the state of Telangana”. law of inheritance, and to provide rules for the execution, attestation, revocation and revival of the wills of such Reasons for Repeal persons. • The Act did not apply to areas in erstwhile Andhra Key Features Pradesh that are now Telangana area.

The Act is based on a matrilineal system of testamentary • It hence, does not serve any purpose in the State of succession. Every person of sound mind and not a Telangana. minor may by will dispose of property which he could legally, alienate by gift inter vivos and shall be deemed Issues to have been always competent so to dispose of such property. The Act has been made applicable in the State There are no legal issues that would impede repeal.

34 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 35 THE TELANGANA EUNUCHS ACT, 26 1329 F

Subject: Penal Law Reason: The Act is against Constitutional and Humanitarian Rights Grade: 4

What is the Law? • Following the judgment in K Puttaswamy v Union of India,11 privacy is a fundamental right. It is a law that seeks to regulate the behavior of eunuchs. • The NALSA Judgement holds that Transgender persons Key Features have available to themselves all the fundamental rights that are available to Indian citizens. The impugned law Section 2 provides for maintaining a register of all is a breach of the fundamental right to privacy. The Eunuchs residing within the city. Section 4 provides NALSA Judgment holds that transgendered persons that registered Eunuchs in female/ornamented clothing have a right to relationship. family and adoption of may be arrested without warrant and shall be punished children. The impugned Act penalizes any eunuch who with Imprisonment for a term which may extend to has/ keeps a boy below 16 years of age (no provision two years or with fine or with both.Section 5 prohibits made to check whether the boy is an adoptive child or any registered eunuch from being guardian/ keeping in not). This breaches the essence of the judgment. control a boy of less age. It declares that violations shall be punished with imprisonment for a term which may • The NALSA Judgment provides for the transgendered extend to two years or with fine or with both.Section for formal identification in passports, rations etc. The 7 prohibits eunuchs from emasculating any person or impugned Act provides for registration of eunuchs to abetting in such, declaring the punishment for the same keep them under surveillance. These are contradictory shall be imprisonment for a term which may extend to ideas. The larger reason for repeal being breach of right seven years and shall also be liable to fine. to privacy. Hence, it fails to recognize the modern idea of a third gender. Reasons for Repeal • There is ample literature exhorting repeal of the • With specific reference to the transgender community, Eunuchs Act. the judges referred to NALSA v Union of India (201410 : “NALSA indicates the rationale for grounding of a right to Issues privacy in the protection of gender identity within Article 15. The intersection of Article 15 with Article 21 locates There are no legal issues that would impede repeal. a constitutional right to privacy as an expression of However, a savings clause may be added in the repealing individual autonomy, dignity and identity.” legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the repealing legislation.Act, stating that the same shall not be to subject to the repealing legislation.

10 NALSA v Union of India (2014) (AIR 2014 SC 1863) 11 K Puttaswamy v Union of India (2017(10) SCALE1)

36 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 37 36 | TELANGANA - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in TELANGANA - REPEAL LAW COMPENDIUM | 37 Centre for Civil Society A-69, Hauz Khas, New Delhi - 110016 Tel.: +91 11 2653 7456 | 4160 7006 | 4162 9006 Fax: +91 11 2652 1882 Email: [email protected] www.ccs.in • www.ijustice.in

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Table of Contents Introduction 7 Research Methodology 8 Compendium of Laws to be Repealed in Uttar Pradesh 1 Ganges Tolls Act 11 2 Oudh Estates Act 12 3 Oudh Taluqdars Relief Act 13 4 Oudh Sub-Settlement Act 14 5 Elephants Preservation Act 15 6 Oudh Wasikas Act 16 7 Mirzapur Stone Mahal Act 17 8 Uttar Pradesh Honorary Munsifs Act 18 9 UP Prevention of Adulteration Act 19 10 Agriculturists’ Loans Act 20 11 Wild Birds and Animals (Protection) Act 21 12 Banaras State Constitution Laws and Procedure 22 13 Oudh Settled Estates Act 23 14 Canning College Act 24 15 Oudh Courts Act 25 16 Naik Girls’ Protection Act 26 17 United Provinces Minor Girls Protection Act 27 18 United Provinces Goondas Act 28 19 United Provinces Temporary Regulation of Execution Act 29 20 Uttar Pradesh Opium Smoking Act 30 21 United Provinces Ministries Salaries Act 31 22 United Provinces Borstal Act 32 23 United Provinces Stayed Arrears of Rent (Remission) Act 33 24 United Provinces Legislature (Suspension of Salaries and Emoluments) Act 34 25 United Provinces Power Alcohol Act 35 26 United Provinces Regulation of Agricultural Credit Act 36 27 United Provinces Water Supply and Fire Services (Air Raid Precautions) Act 37 28 United Provinces Civic Guards and Air Raid Precautions Employees Indemnity Act 38 29 United Provinces Sales of Electricity Surcharge Act 39 30 United Provinces (Temporary) Storage Requisition Act 40 31 Uttar Pradesh Control of Supplies (Temporary Powers) Act 41 32 United Provinces Electricity (Temporary Powers of Control) Act 42 33 United Provinces Restoration of Lands and Houses Act 43 34 United Provinces Objectionable Advertisements Control Act 44 35 Uttar Pradesh Educational Institutions (Taking-Over of Management) Act 45 36 Uttar Pradesh Safai Mazdoors Protection Act 46 37 Uttar Pradesh State Cement Corporation Limited (Acquisition of Shares) Act 47 Authors and Contributors

AUTHORS

Aditya Rajesh Fourth Year Learner, Symbiosis Law School Noida

Jatin Sardana Fourth Year Learner, Symbiosis Law School, Noida

Karan Gulati Third Year Learner, Symbiosis Law School, Noida

Kritika Ramya Fifth Year Learner, Symbiosis Law School, Noida

Manthan Dixit Third Year Learner, Symbiosis Law School, Noida

Priya Agarwal Fifth Year Learner, Symbiosis Law School, Noida

CONTRIBUTORS

Hemant K. Batra Founder & Global Chairman, Kaden Boriss Partners

Megha Nagpal Faculty Coordinator

Neeti Shikha National Coordinator, Project Repeal of Laws, Centre for Civil Society Associate Professor, Symbiosis Law School Noida

Nitesh Anand Associate, Advocacy, Centre for Civil Society

1 The report can be accessed at www.ccs.in/100laws

8 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 9 Research Methodology

This compendium of “Recommended laws for Repeal in the state of Uttar Pradesh” has a total of 37 laws ranging from British to more recent laws. There are laws dealing with various subjects and the reasons for repeal are also very varied. Few of the key features are:

A. Law Enactment Year

1947-2000 Before 1900 8 9

1901 to Pre-Independence

8 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 9 B. Themes

Administration 14

Agriculture and Animal 5

Land and Revenue 8

Labor and Service 2

Child Protection 3

Drugs and Narcotics 1

Education 2

Medical and Health care 2

C. Reasons for repeal

Redundant 12

Subsumed by Subsequent Legislation 11

Purpose Achieved 12

Constitutional and Humanitarian Rights 2

D. Grading

Grade 5 31

Grade 4 3

Grade 3 3

10 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 11 Compendium of Laws to be Repealed in Uttar Pradesh

10 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 11 1 GANGES TOLLS ACT, 1867

Subject: Tax Reason: The Act has been subsumed by a more recent legislation, namely the National Waterway (Allahabad-Haldia Stretch of the Ganga-Bhagirathi Hooghly River) Act, 1982 Grade: 5

What is the Law? • The purpose of the current Act is restricted only to levy tolls. On the other hand, the National Waterway The Act authorizes the levy of Tolls for the improvement (Allahabad-Haldia Stretch of the Ganga-Bhagirathi of the navigation of the Ganges. This was done with a Hooghly River) Act has a wider scope to levy fees for the view to collect revenue from merchant vessels traversing services or benefits in relation to waterways across the the course of the river. length and breadth of our nation.

Key Features • There have been no recent cases of utilization of the Act.

• Section 2 of the Act provides that a toll not exceeding • Furthermore, this Act has already been recommended twelve annas per one hundred mounds (unit of weight for repeal by the 248th Law Commission Report.2 The equivalent to 37 kgs) is chargeable on vessels ascending Report too is in consonance with the fact that the or descending Ganges, which shall be collected by provisions are archaic and antiquated and cannot be any person appointed in this behalf by the State applicable for governance in modern times. Government. Further, the master of any steamer or boat which shall be liable to pay tolls under the Act, shall, • The aforesaid Act has been recommended for repeal upon demand by any person authorized to collect or by the PC Jain Commission at Sl. No. 34 in its Appendix receive the tolls, specify whence he is come and whither A-1(166 Central Acts for repeal).3 he is bound. Issues Reasons for Repeal There are no legal issues that would impede repeal. • The Act became redundant when the National Waterway However, a savings clause may be added in the repealing (Allahabad-Haldia Stretch of the Ganga-Bhagirathi legislation with respect to any cases pending under the Hooghly River) Act, 1982 was enacted, which covers the Act, stating that the same shall not be to subject to the scope of this Act. repealing legislation.

• Further, enactments of legislations on the same subject matter may lead to double taxation in the form of overlapping cess.

2 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf 3 PC Jain Commission Report, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf

12 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 13 2 OUDH ESTATES ACT, 1869

Subject: Land Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The law sets out to define the rights of Talukdars over • This is an archaic Act providing for relief to Talukdars territorial estates and presides over the issue of their appointed during Mughal era. Neither the princely succession as well in Oudh. state of Oudh nor the Talukdari System exists anymore. Thus, the provisions are obsolete. Key Features • Recommended for repeal by 248th Law Commission • After the reoccupation of Oudh by the British report considering certain outdated provisions as Government, the proprietary right in estates in the mentioned above.4 province was, conferred by the British government upon certain Talukdars and others. The Oudh Estates Issues Act was enacted for the clarification of the nature of such rights. There are no legal issues that would impede repeal.

4 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf

12 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 13 3 OUDH TALUKDARS’ RELIEF ACT, 1870

Subject: Land Reason: The Act is Redundant Grade: 5

What is the Law? alienate their immovable property, or to grant receipts for rents and profits arising or accruing thereof. The Act alleviates the debts accrued on the estates of Talukdars in Oudh. At the time of the enactment of the Reasons for Repeal Act, Talukdars of Oudh were in debt and their immovable property was subject to mortgages, charges and liens; • Great Landholders were appointed as Talukdars during and it was expedient to provide relief for the same. Mughal Era.

Key Features • This Act was aimed to provide relief to one who were once considered to be competent enough to help • If any Talukdar applies in writing to the State others in need. Government, that he, or his immovable property is charge with debts or liabilities that are due, and requests • Neither the Princely State of Oudh nor the Talukdari that the provisions of this Act be applied in his case, the System exists anymore. Thus, the provisions are State Government may appoint an officer and vest in obsolete. him the management of the immovable property. On such appointment, all proceedings in respect of such • The law has been recommended for repeal by the 248th debts or liabilities which may be pending in any Civil Law Commission Report.5 Court shall be barred and all processes, attachments and executions in respect of such debts and liabilities Issues shall become null and void. Further, the Talukdar and his heir shall be incompetent to mortgage, charge, lease or There are no legal issues that would impede repeal.

5 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf

14 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 15 4 OUDH SUB-SETTLEMENT ACT, 1876

Subject: LAND Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act codifies rules for determination of claims of • The Act lays down the procedure for determining the proprietors in Oudh by its Chief Commissioner. authenticity of claims of persons claiming property in the Province of Oudh. The Princely State of Oudh does Key Features not exist anymore. Hence, the Act does not serve any discernible purpose anymore. • The Act lays down the rules for determining the conditions under which a person possessed of a • Further, any claims to title/ property rights are subordinate right of property in talukas shall be adjudicated in terms of respective the Land Revenue entitled to obtain a sub-settlement which he held Code/ Acts administered by the State governments under talukdars. and the Civil Procedure Code.

• When no rights are proved to have been exercised or • It has been recommended for repeal by the 248th Law enjoyed by an under-proprietor during the period of Commission Report because the Act is redundant as limitation, no sub-settlement can be made. Oudh has ceased to exist as an administrative unit.6 Issues

There are no legal issues that would impede repeal.

6 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf

14 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 15 5 ELEPHANTS PRESERVATION ACT, 1879

Subject: Wildlife Reason: The Act has been subsumed by a Central Act, namely the Wildlife (Protection) Act, 1972 Grade: 5

What is the Law? • The fine imposed under the Act is insignificant considering the underlying objective of the Act. On the The Act ensures the preservation of wild elephants by other hand, the fine to be imposed under the 1972 Act prohibiting their hunting and killing. It further provides is a sum of Rs. 25,000 and maximum imprisonment of that every wild elephant captured, and the tusks of every up to 7 years in case of contraventions of any provisions. wild elephant killed by any person not licensed under this Act, shall be the property of Government. • The Wildlife (Protection) Act has proved to be better equipped to govern the issue than the Act passed in the Key Features 19th century.

• Under the provisions of this Act no person shall kill, • Protection of wild animals and birds is covered under injure or capture any wild elephant unless in self- the Entry 17B, List III of the seventh schedule of the defense, or granted license by the Collector or Deputy Constitution of India, and is hence regulated by the Commissioner of any district. scheme of Article 246 of the same. Thus, the Central legislation will have an overriding effect. • Whoever violates the provisions of this Act shall be punished with a fine which may extend to five hundred • The Act has been recommended for repeal by the 248th rupees. Law Commission Report.7

• Every wild elephant captured, and the tusks of every Issues wild elephant killed by any person not licensed under this Act, shall be the property of the Government. There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing Reasons for Repeal legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the • Elephants have been accorded the highest possible repealing legislation. protection through its listing under Schedule 1 of the Wildlife (Protection) Act, 1972.

7 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf

16 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 17 6 AGRICULTURISTS’ LOANS ACT, 1884

Subject: Agriculture and Animal Husbandry Reason: The Act is Redundant Grade: 5

What is the Law? to landholders in the territories administered by the Lieutenant-Governors of the North-Western Frontier This Act was enacted to amend and provide for the Provinces and the Punjab, and the Chief Commissioners extension to certain territories of the Northern India of Oudh, the Central Provinces, Assam and Ajmer. Takkavi Act, 1879. The 1879 Act was enacted to provide for the recovery of certain advances made to landholders in • The 1879 Act does not find mention in the Chronological the territories administered by the Lieutenant-Governors List of Central Acts published by the Ministry of Law and of the North-Western Frontier Provinces and Punjab, and Justice and hence, does not function now. the Chief Commissioners of Oudh, the Central Provinces, Assam and Ajmer. • The current Act is meant to be read with the 1879 Act and thus cannot exist independently. Key Features • This Act was recommended for repeal in the Law When a loan is made under this Act to the members of Commission of India Report on “Obsolete Laws: a village community on such terms that all of them are Warranting Immediate Repeal” (Sl. No. 32, Chapter 4, jointly and severally bound to the Government for the Interim Report; Report No. 248).8 payment of the amount, and a statement showing the portion of that amount which as among themselves each • The P.C. Jain Commission has also recommended for is bound to contribute is entered upon the order granting its repeal at SI. No. 1 of Appendix A-5 of its report (114 the loan, that statement shall be conclusive evidence of Central Acts relating to State subjects for repeal by State the portion of that amount which as among themselves Governments).9 each of those persons is bound to contribute. Issues Reasons for Repeal There are no legal issues that would impede repeal. • This Act was enacted to amend and provide for the However, a savings clause may be added in the repealing extension to certain territories of the Northern India legislation with respect to any cases pending under the Takkavi Act, 1879. The 1879 Act was enacted to Act, stating that the same shall not be to subject to the provide for the recovery of certain advances made repealing legislation.

8 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, p. 27, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf 9 PC Jain Commission Report, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf

16 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 17 7 OUDH WASIKAS ACT, 1886.

Subject: Pension Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal The Act aims at bringing allowances as Oudh Wasikas under the ambit of Pensions Act, 1871. • The Princely State of Oudh does not exist and hence, the allowance payable to the Royal Family of Oudh has also Key Features ceased to exist. Thus, the provisions are obsolete.

• The Act recognized Amanat, Zamanat and loan Wasikas, • It has been recommended for repeal by the 248th Law guaranteed to be paid to the Royal Family by the Commission Report.10 British Government, as pensions under provisions of the Pensions Act, 1871 and said the Act shall apply to Issues them as if they were pensions of the classes referred to in sections 4 and 11 of the Act. There are no legal issues that would impede repeal.

10 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf

18 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 19 8 MIRZAPUR STONE MAHAL ACT, 1887

Subject: Land Reason: The Act is Redundant Grade: 5

What is the Law? over the lands formerly christened as the North-Western Provinces fall under the administrative purview of Agra. The Act provides for the formulation of law relating to the Agra constitutes a part of modern day Uttar Pradesh. Stone Mahal in Mirzapur in the North-Western Provinces. As this Act was enacted prior to Independence, the relevant provisions are governed by the Government of Key Features Uttar Pradesh.

• Under the provisions of this Act, the Government is • The Board has ceased to exist after Mirzapur merged entitled to levy duty on all the stone quarried in the with Agra. Furthermore, the Uttar Pradesh Minor district of Mirzapur, and no proprietor of any land is Minerals (Concession) Rules, 1963 provides for a more entitled to impose any prohibition or restriction in contemporary approach to the issue of levying taxes respect of the quarrying of stone or the transport of etc. on quarries. stone over his land, or to receive compensation in respect of any such matters. • The Act has been recommended for repeal by the 248th Law Commission Report.11 • Further, the local Government is authorized makes such rules as are required for this purpose. • The Act has also been recommended for repeal by the PC Jain Commission Report.12 • Any person violating the provisions of this Act may be fined up to two hundred rupees and twenty times the Issues duty payable by him. There are no legal issues that would impede repeal. Reasons for Repeal However, a savings clause may be added in the repealing legislation with respect to any cases pending under the • Under the Act, power is conferred upon the Board of Act, stating that the same shall not be to subject to the Revenue of the North-Western Provinces to overturn repealing legislation. decisions of the Collector of Mirzapur. The jurisdiction

11 Law Commission of India Report on “Obsolete Laws: Warranting Immediate Repeal”, Interim Report, Report No. 248, available at: http://lawcommissionofindia.nic.in/reports/Report248.pdf 12 PC Jain Commission Report, available at: http://darpg.gov.in/sites/default/files/Review_Administrative_laws_Vol_1.pdf

18 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 19 UTTAR PRADESH HONORARY MUNSIFS 9 ACT, 1896

Subject: Labor/Employment Reason: The Act is Redundant Grade: 4

What is the Law? Courts Act, 1887, and the Oudh Civil Court Act, 1879, and all the provisions of the Code of Civil Procedure The law aims to provide for the appointment of Honorary shall apply to suits tried by Honorary Munsifs. Munsifs and for the constitution of benches of Honorary Munsifs in the United Provinces. Reasons for Repeal

Key Features • As per All India Judges’ Association v. Union of India13 (paras 12 to 15) Civil Judge and Munsif have been re- • The Act empowers the State Government to appoint designated as Civil Judge (Senior Division) and Civil any person to be Honorary Munsif, and may, in like Judge (Junior Division) respectively. The procedure for manner, cancel such appointment by notification in the the appointment of the same is now laid down as per Official Gazette. The Uttar Pradesh Judicial Service Rules, 200114 (Rule 7).

• Every Honorary Munsif appointed under Section 4 of the • Thus, the provisions of the Act are obsolete in Act shall be deemed to be a Munsif within the meaning contemporary society. of the Bengal, Agra and Assam Civil Courts Act 1872, or of the Oudh Civil Courts Act, 1879, and all the provisions Issues of those Acts applicable to Munsifs shall apply, as far as may be, to all Honorary Munsifs. There are no legal issues that would impede repeal.

• The courts of Honorary Munsifs shall be deemed to the Civil Courts, under the Bengal, Agra and Assam Civil

13 AIR 1992 SC 165 14 http://www.allahabadhighcourt.in/rules/TheUttarPradeshJudicialServiceRules2001.pdf

20 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 21 PROVINCES PREVENTION OF 10 ADULTERATION ACT, 1912 Subject: Public Health Reason: The Act is redundant Grade: 4

What is the Law? case’s provisions. Furthermore, a Central Act, namely the Prevention of Food Adulteration Act 1954 has been The Act aims to prevent adulteration in United Provinces. passed, with a pertinent State Amendment of 1974 to regulate the subject matter in place in the State of Uttar Key Features Pradesh.

Bare text not available Issues

Reasons for Repeal There are no legal issues that would impede repeal.

• The text of the Act is unavailable on the online domain. No cases have been reported so far on the issue of the

20 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 21 WILD BIRDS AND ANIMALS 11 (PROTECTION) ACT, 1912

Subject: Wildlife/Environment Reason: Subsumed by Newer Legislation, namely the Wildlife (Protection) Act, 1972 Grade: 5

What is the Law? • The Act can be repealed since the objects and reasons of this legislation are being sufficiently met with by the The Act aims to make better provision for the protection Wildlife (Protection) Act, 1972 and the Rules framed there and preservation of certain wild birds and animals. under. The Act of 1912 states that it is “An Act to make better provision for the protection and preservation Key Features of certain wild birds and animals”, and similarly the Act of 1972 is “An Act to provide for the protection of wild • The Act empowers the State Government to declare animals, birds and plants and for matters connected close time for any scheduled wild bird or animal. therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of • During such time, it shall be unlawful to capture, sell or the country”. buy any such wild bird or animal. • The 1972 Act is wider in scope and provides for extended • Section 4 of the Act imposes a penalty of only Rs. protection by declaring certain areas as national parks 50 for contravention of any of the rules provided. or ‘sanctuaries’ as well as their management. It further imposes a relatively harsher penalty of a fine of Rs. Reasons for Repeal 25,000 or imprisonment for up to three years.

• The purpose of the Act is now subsumed by the Wildlife • The wild birds and animals under the Schedule annexed (Protection) Act, 1972 which ensures the protection to the Act of 1912 which do not find mention in Schedule of wild animals, birds and plants with more stringent I of the Act of 1972 can be accommodated in the latter penalties. through a suitable amendment.

• Further, protection of wild birds and animals is covered Issues under the Entry 17B, List III of the Seventh Schedule of the Constitution of India, and is hence regulated by the There are no legal issues that would impede repeal. scheme of Article 246 of the same. Thus, the Central However, a savings clause may be added in the repealing legislation will have an overriding effect. legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the repealing legislation.

22 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 23 BANARAS STATE CONSTITUTION LAWS 12 AND PROCEDURE, 1915

Subject: State Administration Reason: Provisions are violative of the Constitution of India Grade: 5

What is the Law? Reasons for Repeal

The Act lays down the procedure for the administration • A Constitution enshrines the principle that a government of a territory demarcated during colonial times. exists to protect the rights of all citizens. Benares no longer exists as a State by itself and has now merged with Key Features the State of Uttar Pradesh.

• It empowers the Crown to appoint Chief Secretary, • Certain provisions intended to maintain procedure are Collector, Magistrate, and Tehsildar for administration archaic considering the principles provided for in the of Banaras State consisting Bhadohi, Chakia, and Ram Constitution of India whose reach encompasses the Nagar. length and breadth of our nation. For example, Judges are required to submit their applications for leave etc. • Section 12 further provides for the appointment of a to His Highness the Maharaja through the Chief Judge, Resident Judge who is entitled to draw a salary of Rs. 500 who will submit them with such recommendations and rising to Rs. 600 by an annual increment of not less than remarks as he thinks fit. Rs. 25. • Furthermore, India does not recognize the existence • It also provides for the establishment of excise department of Rajas for the purposes of administration anymore and public works department.15 therefore warranting the repeal. Issues

There are no legal issues that would impede repeal.

15 http://www.bareactslive.com/ALL/UP216.HTM

22 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 23 13 OUDH SETTLED ESTATES ACT, 1917

Subject: Land Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act aims to consolidate the law for preservation of • This is an archaic Act providing for relief to Talukdars the estates of the Talukdars of Oudh. appointed during the Mughal era.

Key Features • Neither the princely state of Oudh nor the Talukdari System exists anymore. Thus, no application can be • The Act provides the procedure for getting permission sought under the Act for declaration of Estate as to add any immovable property to the settled estate of “settled” or seek rights thereof. a Talukdar whose name is inserted in the second, third or fifth list prepared under section three or nine of the Issues Oudh Estates Act. There are no legal issues that would impede repeal. • The application is adjudicated by the State Government after conducting due inquiry.

24 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 25 14 CANNING COLLEGE ACT, 1922

Subject: Property/Educational Institution Reason: The Act is Redundant Grade: 5

What is the Law? staff of the Canning College shall hold as nearly as practicable the same offices and places in the College The Act provided for Canning College to be merged with after the change in affiliation. Lucknow University, and all property and liabilities to be handed over to the latter. Reasons for Repeal

Key Features • Canning College is no longer in existence or a constituent of Lucknow University. • Affiliation of Canning College shifted from Allahabad University to Lucknow University. From the • The Lucknow University is governed under the Lucknow commencement of this Act, all debts and liabilities University First Statute 1975, which does not recognize of the Canning College have been transferred and Canning College. hence, there is no subject matter for attached to Lucknow University. the current Act to regulate.

• The Act further provides that unless specifically Issues mentioned all Professors and other members of and persons attached to or associated with the teaching There are no legal issues that would impede repeal.

24 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 25 15 OUDH COURTS ACT, 1925

Subject: State Administration Reason: The Act has been subsumed by subsequent legislation, namely the High Court Amalgamation Order, 1948 Grade: 5

What is the Law? Reasons for Repeal

The Act aims to amend and consolidate the law relating • This Act ceased to have effect after the High Court to the establishment and functioning of Courts in Oudh. Amalgamation Order 1948, except for the purposes of interpreting said order. However, there is no longer a Key Features need for this interpretation as the Court mentioned in the Order have now been successfully amalgamated • The Act provides for the establishment of a Chief Court and are governed by the High Court Charter. consisting of a Chief Judge and other judges as may be appointed under the Government of India Act, 1935. • Further, the provisions of the Act have been subsumed by Part VI Chapter V of the Constitution of India that lays • It further demarcates jurisdiction of the Chief Court and down powers and jurisdiction of high courts. procedure to be followed in exercise of such jurisdiction. Section 20 empowers the Chief Court to make rules Issues with respect to administrative function after the prior sanction of State Government. There are no legal issues that would impede repeal.

26 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 27 16 NAIK GIRLS’ PROTECTION ACT, 1929

Subject: child protection Reason: The Act has been subsumed by a subsequent legislation, namely The Immoral Traffic (Prevention) Act Grade: 5

What is the Law? marriage, that the Guardianship and Wards Act does not apply, and that the courts shall have no jurisdiction The Act aims to terminate the custom whereby minor to question the orders by the District Magistrate. girls of the Naik caste in the United Provinces are trained for prostitution. The Act was last amended in 1943. • The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (ratified by Key Features India on July 9, 1993) requires the consent of both parties and opposes the principle of forced marriage. Further, • The Act provides that if the District Magistrate is of India has a Central legislation in lieu of its obligations the opinion that there is danger to a minor girl of the vis-a-vis article 253 of the Constitution and the New Naik caste he may order that she shall be sent to a York Convention i.e. The Immoral Traffic (Prevention) Act. settlement and there detained for such period as may Hence, there is no need for the current act. be prescribed; call any member of the caste to present required information when necessary; order restriction • Lastly, section 4B of the Act lays down that “All orders or otherwise regulate the movements of such minor passed by the District Magistrate in accordance with girl or girls. the provisions of this Act or the rules made there under shall be final and not subject to appeal or revision in Reasons for Repeal any court”. Such finality of legislative/executive power has been held to be unconstitutional in Minerva Mills • This is an archaic law, which sought to regulate the v. UOI.16 practices of the Naik Caste which were opposed to public policy, however goes beyond the necessary Issues requirement to do so. For this purpose the Act mandates that the District Magistrate may call anyone of the Naik There are no legal issues that would impede repeal. caste to furnish information when so sought by the However, a savings clause may be added in the repealing same, order restriction of movement, girls belonging to legislation with respect to any cases pending under the the caste may be sent to settlement and there detained Act, stating that the same shall not be to subject to the where in accordance with the procedure laid down in repealing legislation. the Act the Manager of the settlement may solemnize

16 AIR 1980 SC 1789

26 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 27 UNITED PROVINCES MINOR GIRLS 17 PROTECTION ACT, 1929

Subject: CHILD PROTECTION Reason: The Act has been subsumed by a subsequent legislation, namely The Immoral Traffic (Prevention) Act Grade: 5

What is the Law? however it goes beyond the necessary requirement to do so. For this purpose the Act mandates that the The Act provides for a check on the practice whereby some District Magistrate may call anyone of the Naik caste minor girls in certain classes are devoted to prostitution to furnish information when so sought by the same, and to put a stop to immoral traffic in females. order restriction of movement, girls belonging to the caste may be sent to settlement and there detained Key Features where in accordance with the procedure laid down in the Act the Manager of the settlement may solemnize • Under the provisions of this Act, if the State Government marriage, that the Guardianship and Wards Act does has reason to believe that any community, class or not apply, and that the courts shall have no jurisdiction group of persons is in the habit of devoting its girls to to question the orders by the District Magistrate. prostitution, it may declare such community, class or group of persons to be a restricted class, whereby the • The Convention on the Elimination of All Forms of provisions of the Naik Girls’ Protection Act would be Discrimination Against Women (CEDAW) (ratified by applicable to such community, class or group. India on July 9, 1993) requires the consent of both parties and opposes the principle of forced marriage. • It further provides that no such declaration shall be made Further, India has a Central legislation in lieu of its until the State Government has published its intention obligations vis-a-vis article 253 of the constitution of making such a declaration, and has considered and the New York Convention i.e. The Immoral Traffic any objections which it may receive regarding such (Prevention) Act. Hence, there is no need for the current intention within one month of such publication. act. Reasons for Repeal Issues

• The current Act gives the power to the Magistrate to There are no legal issues that would impede repeal. declare any class which he seems necessary to be However, a savings clause may be added in the repealing bound by the Naik Girl’s Protection Act, which is an legislation with respect to any cases pending under the archaic law that sought to regulate the practices of Act, stating that the same shall not be to subject to the the Naik Caste which were opposed to public policy, repealing legislation.

28 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 29 18 UNITED PROVINCES GOONDAS ACT, 1932

Subject: LAW AND ORDER Reason: The Act has been held Unconstitutional Grade: 3

What is the Law? unconstitutional because adequate safeguards were not provided under the Act. It stated that a threshold The law was enacted with the objective of overseeing the test to pass an order under the Act is that the person wiping out of hooligans from the district of Cawnpore must be a goonda (or one of the other offenders mentioned in the Act). However, the ambiguous Key Features definition of ‘goonda’ provided under the Act does not provide sufficient guidance to the Magistrate Bare text of the Act is unavaliable. responsible for passing orders under the Act

Reasons for Repeal • Further, the impugned Act has been held ultra vires to the constitution by Punjab & Haryana High Court being • The object of this Act has been subsumed by Uttar violative of Article 19 & 21 in the case of Bakshi Inderjit Pradesh Control of Goondas Act, 1970 which provides Singh v. State of Delhi.18 for a more contemporary approach in dealing with the menace of hooligans. Issues

• Similar Goonda Acts have been enacted across states There are no legal issues that would impede repeal. in India. In some states, the Goonda Act has been However, a savings clause may be added in the repealing repealed or found unconstitutional. For instance, the legislation with respect to any cases pending under the Supreme Court of India in State of Madhya Pradesh Act, stating that the same shall not be to subject to the v. Baldeo Prasad17 AIR 1961 SC 293 found the Act repealing legislation.

17 AIR 1961 SC 293. 18 AIR 1953 Punj 52

28 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 29 UNITED PROVINCES TEMPORARY 19 REGULATION OF EXECUTION ACT, 1934

Subject: Loan/Agriculture Reason: The Purpose has been Achieved. Grade: 5

What is the Law? • The Act provided for the updated procedure of passing decrees with respect to providing loans for agriculturists. The Act aims at regulating the execution of Civil Court This was done considering the prevalent slump in the decrees for the debt of small agriculturists. market, both of prices and demand for the goods. Examination of the provisions reveals an antiquated Key Features mindset with respect to the allowances accounted for.

• The Act provides procedure for small agriculturists to • Paltry sums of Rs. 5, 10 and 1000 are cited as the ceiling claim relief in execution of court decrees. for certain debts. Like the reasons mentioned for the “United Provinces Regulation of Agricultural Credit Act” • Relief can be claimed by making an application to the the provisions of the Act in question are governed by trial court if the decree falls within any of the category more contemporary laws with respect to agricultural provided under section 4. loans.

• Section 9 of the Act invests the decree holder with the • Furthermore, as this a temporary Act, the purpose has right to apply to the court for getting the order set been achieved aside in case of erroneous adjudication. Issues Reasons for Repeal There are no legal issues that would impede repeal. • As per Section 6 of the Act, an application for relief under the Act can only be instituted within a period of one year following commencement of the act. Hence, the provisions of this Act have become obsolete.

30 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 31 UTTAR PRADESH OPIUM 20 SMOKING ACT 1934

Subject: Drugs and Narcotics Reason: The Act has been subsumed by a Central legislation, namely the Narcotic Drugs and Psychotropic Substances Act, 1985 Grade: 5

What is the Law? Smoking Act and subsumes the purposes for which it was enacted. The Act aims to regulate the smoking of opium in the United Provinces by mandating registration of smokers. • This Act is redundant since it has failed its objective of regulating opium smoking. The Opium Smokers Key Features Register, which is provided for in the Act, no longer serves any purpose. • The State Government shall authorize the preparation of a register of persons who are not under the age • Further, the Act provides that the register be closed of twenty-five years and are in the habit of smoking as per the notification by the Government, i.e. 30th prepared opium, and no person, not being a registered September 1953 and hence the Act is outdated. Thus, smoker, shall smoke or manufacture or possess prepared the Act no longer regulates the people for whom it was opium in any quantity whatsoever. Violation of such enacted, and does not regulate present opium smokers. provisions shall be punishable with imprisonment for a term which may extend to three months or with fine • Further, cultivation and manufacture of opium is covered which may extend to five hundred rupees, or with both. under the Entry 59, List I of the seventh schedule of the Constitution of India, and is hence regulated by the • Further, no person shall sell, expose or offer for sale scheme of Article 246 of the same. Thus, the central or attempt to sell, prepared opium. Violation of such legislation will have an overriding effect provisions shall be punishable with imprisonment for a term which may extend to one year or with fine which Issues may extend to one thousand rupees, or with both. There are no legal issues that would impede repeal. Reasons for Repeal However, a savings clause may be added in the repealing legislation with respect to any cases pending under the • The Narcotic Drugs and Psychotropic Substances Act, stating that the same shall not be to subject to the Act, 1985 is far more detailed in its definitions and repealing legislation. comprehensive than the Uttar Pradesh Opium

30 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 31 UNITED PROVINCES MINISTRIES 21 SALARIES ACT, 1937

Subject: State Administration Reason: The Act is Redundant Grade: 5

What is the Law? Reasons for Repeal

The Act was enacted with a view to provide for the • Salaries of Ministers are not the same any more as salaries to be paid to Ministers chosen by the Governor of provided under the Act. Presently, it is fixed at Rs. the United Provinces. The Act has been amended in 1946. 40,000 based on the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 Key Features which was further amended in 2016 and it governs the aspect of salaries and allowances paid to the ministers. • The Act consists of only 3 sections. Section 2 lays down that every Minister shall be entitled to a fixed payment Issues of Rs. 500 per month. Further, every Minister shall be entitled to free residence maintained at public expense There are no legal issues that would impede repeal. in Lucknow throughout the year.

32 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 33 22 UNITED PROVINCES BORSTAL ACT 1938

Subject: child welfare Reason: The Act has been subsumed by subsequent Central legislation, namely the Juvenile Justice (Care and Protection of Children) Act Grade: 5

What is the Law? Reasons for Repeal

The Act aims to establish and regulate Borstal Institutions • The Act has outlived its purpose. Section 63 of the in the United Provinces and for the detention and training Juvenile Justice Act (JJ Act), 1986, repealed any law of adolescent offenders therein. in force in any State that corresponded to the JJ Act, on the date on which the Act came into force in the Key Features concerned State. Thus, the United Provinces Borstal Act, should also be repealed. • Borstal Institutions are places in which young offenders whilst detained may be given such industrial training • It’s redundant in the light of the reformatory provisions and other instructions, and be subjected to such provided for offenders upto 18 years of age under the disciplinary and moral influences as will conduce to Juvenile Justice (Care and Protection of Children) Act, their reformation and the prevention of crime. 2015 (“Juvenile Justice Act”). The latter Act targets two groups—children in need of care and protection, and • These institutions and the system of training carried juveniles in conflict with law. It provides for setting up out therein are not designed to deal with all youthful of observation homes and special homes for juveniles offenders. in conflict with law and children homes for children needing care and protection during the pendency of • The Act further lays down special powers to District inquiry and subsequent rehabilitation. Magistrates with respect to detention of any male person, between the age of 15 to 21, who has been • The age limit of an adolescent or a child targeted by sentenced for an offence to rigorous imprisonment. this Act is 15 to 21 years, which is in contravention to the definition of a child, to be a person below the 18 years of age, under the Juvenile Justice Act and other Indian statutes and International Conventions. Issues

There are no legal issues that would impede repeal.

32 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 33 UNITED PROVINCES STAYED ARREARS OF 23 RENT (REMISSION) ACT 1939

Subject: revenue Reason: The Purpose has been Achieved. Grade: 5

What is the Law? the provisions of this Act, shall be heard and determined so far as such suit or application is maintainable The Act give relief to a certain class of tenants having regard to their financial status and Remitted arrears Reasons for Repeal of such rent proceedings for recovery of which were stayed under UP Stay of Proceedings (Revenue Courts) • This Act was designed for the singular objective of Act, 1937. dismissing certain legal proceedings that were stayed under the UP Stay of Proceedings (revenue courts) Key Features Act. This objective has been fulfilled, and the current Act has no goals independent of that, thus rendering • Under the provisions of this Act no court shall it redundant. entertain any suits or application for recovery of arrears which if instituted, would have been stayed • Further, no cases have been filed under the provisions under the United Provinces Stay of Proceedings of this Act since 1948 (Revenue Courts) Act, 1937. Issues • Further, the Act provides that a suit or application which is party maintainable and partly not maintainable due to There are no legal issues that would impede repeal.

34 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 35 UNITED PROVINCES LEGISLATURE 24 (SUSPENSION OF SALARIES AND EMOLUMENTS) ACT, 1940

Subject: State administration Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

The Act prescribes non-payment of salaries to officers • The Act consists of only two sections. Section 2 of the Act and members of the United Province legislature so long reads as: “So long as the Proclamation remains in force, as the proclamation issued under s.93 of Government the provisions of United Province Legislature (Officer’s of India Act, 1935 remains in force. Salaries) Act 1937 and United Province Legislature Chambers (Member’s Emoluments) Act 1938 shall be Key Features deemed have been repealed.”

• Through this Act, the United Province Legislature • Since the proclamation has ceased to have effect now, (Officer’s Salaries) Act 1937 and United Province Act does not serve any purpose. Legislature Chambers (Member’s Emoluments) Act 1938 were deemed to be repealed till the time the • Hence provisions have become obsolete. proclamation was in force. Issues

There are no legal issues that would impede repeal.

34 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 35 UNITED PROVINCES POWER 25 ALCOHOL ACT 1940

Subject: Regulation of Industries Reason: The Act has been subsumed by new legislation, namely the Indian Power Alcohol Act Grade: 4

What is the Law? Reasons for Repeal

The Act provides for the fostering, development and • The provisions of this Act have been subsumed by the regulation of industry of power alcohol (Power alcohol Indian Power Alcohol Act, 1948, which states “that it is is a mixture of alcohol and petrol in 20:80 ratio used for expedient in the public interest that the Union should internal combustion in gas stoves etc.) industry. take under its control the power alcohol industry” and regulated said industry in a more stringent manner. Key Features • The Act can be repealed since the objects and reasons • The Act was passed in pursuance of the policy of of this legislation are being sufficiently met by the industrial development and prohibited the sale of Indian Power Alcohol Act, 1948. petroleum except with an admixture prescribed by the provincial government. Issues

• However, the Act permitted such petrol to be used for There are no legal issues that would impede repeal. motor vehicles in case such petrol was bought any place However, a savings clause may be added in the repealing outside the United Provinces. The Act also prohibited legislation with respect to any cases pending under the the production of power alcohol from any substance Act, stating that the same shall not be to subject to the other that molasses, and provided for details that shall repealing legislation be necessarily prescribed on a license to manufacture power alcohol.

36 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 37 UNITED PROVINCES REGULATION OF 26 AGRICULTURAL CREDIT ACT, 1940

Subject: agriculture Reason: The Act is Redundant Grade: 5

What is the Law? importance especially to small and marginal farmers. The Government of India has initiated several policy This Act provided for measures to prevent excessive measures to improve the accessibility of farmers to the borrowings by agriculturalists and for this purpose to institutional sources of credit. limit the amount that can be obtained by execution of decrees against agricultural produce and land. The Act • Certain examples would be the Kisan Credit Card regulates execution of decrees & voluntary alienation Scheme and the Agriculture Debt Waiver and Debt related to protected land. Protected land as per the Act Relief Scheme. These schemes serve to prove that is one having local rate not exceeding Rs.25/- per annum. the archaic allowances provided for in this Act are in modern times inhumane to ensure the livelihood Key Features of our farmers. The emphasis of these policies has been on progressive institutionalization for providing • The Act regulates execution of decrees & voluntary timely and adequate credit support to all farmers alienation related to protected land. Protected land with focus on small and marginal farmers and weaker as per the Act is one having local rate not exceeding sections of society to enable them to adopt modern Rs.25/- per annum. technologyand improved agricultural practices for increasing agricultural production and productivity. • Further, a proprietor is liable to pay an amount exceeding twenty-five rupees per annum may apply • The parameter that protected land shall be one having to the Assistant Collector that the land be declared a local rate not exceeding Rs.25/- per annum, does not protected land. find application in the current societal structure and hence it is a redundant law Reasons for Repeal Issues • This Act was enacted for the purposes of administration in the North-Western Provinces. Agriculture is a There are no legal issues that would impede repeal. dominant sector of our economy and credit plays an However, a savings clause may be added in the repealing important role in increasing agriculture production. legislation with respect to any cases pending under the Availability and access to adequate, timely and low- Act, stating that the same shall not be to subject to the cost credit from institutional sources is of great repealing legislation.

36 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 37 UNITED PROVINCES WATER SUPPLY 27 AND FIRE SERVICES (AIR RAID PRECAUTIONS) ACT, 1941

Subject: defence Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

The Act aims to make better provision for the creation • This was a temporary Act enacted during war times. and maintenance of water-supply and fire services for Section 2(ii) of the Act reads as “It shall remain in force the protection of the public against air attacks. during the continuance of the present war and for a period of six months thereafter”. Since purpose of the Key Features Act has been achieved and the Act is no longer in force, it has become obsolete now. • The Act was enacted during warfare as a preventive measure to respond to air attack. • The Civil Defence Act, 1958 empowers central government to make rules to ensure safety of water- • The Act empowered the Provincial Government to supply & fire-services. instruct any local authority or company or appoint any officer for creation, maintenance or protection etc. of • The Central Government is competent authority fire-service and water-supply in the area. for legislative and executive action since ‘Defence’ (Entry 1) is enumerated in List 1 of schedules 7 under • The Act imposes criminal liability of imprisonment constitutional scheme. which may extend to three years for obstructing any officer authorized under the act. Issues

There are no legal issues that would impede repeal.

38 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 39 UNITED PROVINCES CIVIC GUARDS AND 28 AIR RAID PRECAUTIONS EMPLOYEES INDEMNITY ACT, 1942

Subject: State Administration Reason: The Purpose has been Achieved Grade: 5

What is the Law? Reasons for Repeal

The Act aims to indemnify such employees as members • The Act provides provisions for reinstatement & of Civic guards and air raid precaution service while they indemnification of civic guards who have been called are absent from their work to perform civil defence duty. upon to perform civil defence duty at the time of World War II. Key Features • Further, similar provisions for reinstatement after • The Act obligates employers to reinstate such military service are provided under Section 7A of employees, who had been called to perform civil Territorial Army Act 1940. defence duty, on termination of his duty under conditions no less favorable to him than that would be • Purpose has been achieved now. applicable if he had not been called out. Issues • The Act forbids arrangements contrary to the purpose of the act. There are no legal issues that would impede repeal.

38 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 39 UNITED PROVINCES SALES OF 29 ELECTRICITY SURCHARGE ACT, 1942

Subject: Electricity Reason: The Purpose has been Achieved Grade: 5

• The Act empowers the Court to impose penalty upon What is the Law? the default licensee to the extent of one thousand rupees The Act aims to provide for the temporary imposition of surcharge on sales of electrical energy to finance Reasons for Repeal the protection of electrical installations against enemy attacks. • The Act imposes surcharge on electricity sales to finance protection of electrical installations against Key Features enemy attacks. The purpose has been achieved now.

• The Act mandates imposition of a surcharge which can • Further, generation, distribution & supply of electricity exceed to six and a quarter interest on the supply of is now regulated under Electricity Act, 2003 (Central electricity sold by licensee to every consumer on or Act). after first date of month. Issues • Such surcharge collected is to be deposited with Government before the fifteenth day of the succeeding There are no legal issues that would impede repeal. month after prior certification by approved auditor.

40 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 41 30 UNITED PROVINCES (TEMPORARY) STORAGE REQUISITION ACT, 1947 Subject: State Administration Reason: The Purpose has been achieved Grade: 5

What is the Law? Reasons for Repeal

The Act aims to provide power of requisition of buildings • This is a temporary Act which ceased to have effect after for storage of food grains. 31st December 1948.

Key Features • Section 1(4) of the Act states that “It shall cease to have effect after 31st day of December 1948.” • The Act empowers the Collector to take over any storage accommodation under his control, if he feels it • The last case discussing this Act was decided in 1952 by necessary to store food grains. the Allahabad High Court in the matter of Laxmi Talkies Ltd. Through Kashi vs Collector.19 • The Collector can use such storage accommodation as expedient for storage of food grains. Section 7 further • Further, the provisions of this Act are subsumed by the obligates the Collector to compensate the owner for Uttar Pradesh Storage Requisition Act 1955. such requisition. Issues

There are no legal issues that would impede repeal.

19 AIR 1953 All 444

40 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 41 UTTAR PRADESH CONTROL OF SUPPLIES 31 (TEMPORARY POWERS) ACT, 1953

Subject: Essential Commodities Reason: The Purpose has been achieved Grade: 5

• Section 2 reads as: What is the Law? “Section 2 - Re-enactment of U.P. Control of Supplies The Act aims to re-enact Uttar Pradesh Control of Supplies (Temporary Powers) Act, 1947: The provisions of the (Temporary Powers) Act. 1947 which was principally UP Control of Supplies (Temporary Powers) Act, 1947 enacted to control certain essential commodities (hereinafter called the Principal Act) set out in the Schedule hereto are hereby re-enacted and shall remain Key Features in force until the twenty-fifth day of January, 1967…”

• The Act is aimed at re-enactment of Uttar Pradesh • The schedule annexed to the principal Act has only Control of Supplies (Temporary Powers) Act, 1947 two entries 1. Bricks other than fire-brick; and 2. Fire- empowering State Government to control any essential Wood which do not serve the purpose of the Act in commodities through notified order to that regard. contemporary society.

• All appointments made, licenses or permits granted • Further, provisions of the Act are subsumed by Essential and directions issued under any order made or deemed Commodities Act, 1955. The essential commodities are to be made under the principal Act and in force now notified by Central Government in consultation immediately before the commencement of this Act, with State government by section 2A of Essential and in force immediately before such commencement Commodities Act 1955. shall likewise continue in force and be deemed or be made, granted or issued in pursuance of this Act. Issues

• Presently, Schedule annexed to the Act has two entries. There are no legal issues that would impede repeal. However, a savings clause may be added in the repealing Reasons for Repeal legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the • The Act re-enacted the principal Act till 25th repealing legislation. January 1967.

42 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 43 UNITED PROVINCES ELECTRICITY 32 (TEMPORARY POWERS OF CONTROL) ACT, 1947

Subject: ELECTRICITY Reason: The purpose has been achieved Grade: 5

What is the Law? Reasons for Repeal The Act provides for the continuous exercise of powers during a limited period to control production, supply, • Section 1 (4) of the Act states that, “It shall cease to have distribution of, and trade and commerce in industry. effect after September 30th, 1948…”

Key Features • The initial objective of the Act has been accomplished. Furthermore, the Act contained an expiry of its • The Act provides that the Government or any provisions beyond 1948. Also, the provisions of this Act authorized subordinate, may for maintaining the providing for the regulation of supply of electricity and supply of electricity regulate or prohibit the production maintenance of records are now covered under the and distribution of the same. scope of the current legislation titled, Electricity Act, 2003. • The State Government may further regulate the hours of work of any power-house or generating plant, and Issues order maintenance of books of accounts of any person engaged in the production or distribution of electricity. There are no legal issues that would impede repeal.

42 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 43 UNITED PROVINCES RESTORATION OF 33 LANDS AND HOUSES ACT, 1947

Subject: LAND Reason: The purpose has been achieved Grade: 5

What is the Law? Reasons for Repeal

The Act restores the lands and houses of certain • The Act provides for the expedient action of providing persons which were sold in consequence of the relief to certain persons who were deprived of their political movement started in August 1942 and for the lands and houses in lieu of the political movement that reinstatement of certain tenants who were ejected from started in August 1942. their holdings in consequence of such movement. • It has achieved its purposeand has no use anymore. Key Features That there will be no issue caused in the absence of this Act. • Certain persons who were convicted and fined for the commission of offences connected with the Issues political movement that started in August 1942, along with those who were absconding because their There are no legal issues that would impede repeal. participation in said movement; were deprived of their lands and houses.

• This Act provided expedient relief to such persons by restoration their properties

44 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 45 UNITED PROVINCES OBJECTIONABLE 34 ADVERTISEMENTS CONTROL ACT, 1948

Subject: HEALTHCARE Reason: The Act has been subsumed by subsequent Central legislation. Grade: 5

What is the Law? of signs in any public place if it appears to him that an advertisement contained therein contravenes the The Act provides for the control of objectionable provisions of this Act. advertisements relating to certain drugs and other matters. Reasons for Repeal It disallows publication, distribution, sale of advertisement in public space which is indecent, • Provisions of this Act are subsumed by Drugs and recommends drug to cure, prevent any venereal Magic Remedies (Objectionable Advertisements) Act, disease or ailment relating to sexual organs or drug for 1954 which cover the subject matter, along with the miscarriage (not for manufacturers who advertise with Information Technology Act regulating indecency. previous sanction); registered medical practitioners can advertise premises for treatment with license; drugs • India already has a variety of laws that penalize speech cannot be advertised without giving its formula, not in various forms, like speech which is indecent (Section applicable to State Government. 153A, Indian Penal Code), and obscene (Section 292).

Key Features • Hence, this Act is repetitive and redundant.

• No person shall publish any indecent advertisement or • Indian law also provides for regulation of content on distribute or sell the same or affix or inscribe any such media. Under the Indian legal system, Cable Television advertisement on any public place. Networks (Regulation) Act, 1955, the Press Council of India Act, 1978, and Cable Television Networks • No person shall in any manner distribute, exhibit or (Amendment) Rules, 2006 (Rules) are the principal publish any advertisement relating to any drug unless legislations which control the content to ensure that its true formula has been disclosed to the prescribed they do not offend morality, decency and religious authority, who shall not disclose such formula to any susceptibilities of the consumers. The Information person except with the permission of the person Technology Act regulates content on the internet. disclosing the formula. Issues • The Act permits an officer authorized by the state government to seize copies of any newspaper, There are no legal issues that would impede repeal. periodicals, leaflet, pamphlet, handbill, label, book However, a savings clause may be added in the repealing or picture or any notice board or other form of legislation with respect to any cases pending under the advertisement wherever found and obliterate any Act, stating that the same shall not be to subject to the written or printed matter or pictorial representation repealing legislation.

44 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 45 UTTAR PRADESH EDUCATIONAL 35 INSTITUTIONS (TAKING OVER OF MANAGEMENT) ACT 1976

Subject: EDUCATION Reason: The purpose has been achieved. Grade: 5

What is the Law? Reason for Repeal

TThe Act prescribes the taking over in the public interest • This Act was brought in place for a temporary period of the management of educational institutions run when the State Government believed certain radical directly or indirectly by unlawful organizations or by their organizations were in control of imparting education members or sympathizers. to impressionable minds. Ideals were propagated which would have been harmful for the secular fabric Key Features of our country and would have brought in deep divides in the various communities coexisting in our society. • Under this Act, the State Governments were instructed to take over the management of those institutions that • It has served its purpose as there are no current were run by any organization over which Rule 33 of the allegations against any such educational institutions. Defence and Internal Security Act was applied before or after the commencement of this Act. Issues

• The State Government may authorize the District There are no legal issues that would impede repeal. Inspector of Schools or any other officer to take over However, a savings clause may be added in the repealing the management of any scheduled institution, and the legislation with respect to any cases pending under the officer so authorized shall, under the superintendence Act, stating that the same shall not be to subject to the and directions of the State Government, carry on the repealing legislation. management of such institution.

46 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 47 UTTAR PRADESH SAFAI MAZDOORS 36 PROTECTION ACT, 1976 Subject: LABOR Reason: Reason: The Act has been subsumed by subsequent Central legislation, namely the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 Grade: 3

What is the Law? Reasons for Repeal

TThe Act prohibits the carriage of night soil and • Provisions of this Act are subsumed by the Prohibition employment of children in house scavenging and to of Employment as Manual Scavengers and their provide for matters connected therewith. Rehabilitation Act, 2013.

Key Features • The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (Central Act) • The Act prohibits engagement of any person to prohibits any form of manual scavenging however, carry night soil on head or waist and employment this Act prohibits scavenging only if a person is below of any children under the age of eighteen for house 18 years of age and even the penalties thereof are not scavenging. severe.

• The Court may impose penalty from twenty-five Issues to two hundred rupees for contravention of the provisions based on complaint by officer authorized There are no legal issues that would impede repeal. by state government. However, a savings clause may be added in the repealing legislation with respect to any cases pending under the Act, stating that the same shall not be to subject to the repealing legislation.

46 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 47 UTTAR PRADESH STATE CEMENT 37 CORPORATION LIMITED (ACQUISITION OF SHARES) ACT, 1992

Subject: INDUSTRIES Reason: The Act is redundant Grade: 5

What is the Law? • Under section 4 of the act the State Government is required to pay to the companies respectively the The State Government entered into an agreement amounts specified in the Schedule against each of with Dalmia Industries Ltd. to transfer certain shares, the companies within thirty days from the date of however in lieu of the Order passed by the High Court such transfer and vesting, (only partial shares were transferred) and hence the purpose of the transfer could not be achieved. Thus, Reasons for Repeal the shares were acquired back by this Act. • The Act has achieved its purpose as it relates to the The Act provides for the acquisition of shares of the acquisition of shares from Dalmia Industries Ltd, Uttar Pradesh State Cement Corporation Limited held which has successfully taken place. Further, the U.P. by certain companies for public interest. State Cement Corporation Limited was declared as a sick company and was wound up on 8th December Key Features 1999 and hence there is no subject matter for the current Act to regulate. • From the date of the commencement of this Act, all the shares held by the companies mentioned in Issues the schedule of the Act in the share capital of the Uttar Pradesh Cement Corporation Limited stand There are no legal issues that would impede repeal. transferred to, and shall vest in, the State Government.

48 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 49 48 | UTTAR PRADESH - REPEAL LAW COMPENDIUM Centre for Civil Society | ccs.in UTTAR PRADESH - REPEAL LAW COMPENDIUM | 49 Centre for Civil Society A-69, Hauz Khas, New Delhi - 110016 Tel.: +91 11 2653 7456 | 4160 7006 | 4162 9006 Fax: +91 11 2652 1882 Email: [email protected] www.ccs.in • www.ijustice.in

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