Executive Summary:
The Dadra and Nagar Haveli and Daman and Diu Repeal Regulation, 2020, promulgated by the President of India, repeals certain regulations in force in the Union territories of Dadra and Nagar Haveli and Daman and Diu. The regulation, effective from January 26, 2020, aims to streamline the legal framework following the merger of the two Union territories. It also includes savings clauses to address the effects of the repeal.
Key Points / Main Content:
* **Regulation Details:**
* Regulation No. 5 of 2020.
* Promulgated by the President under Article 240 of the Constitution.
* Effective from January 26, 2020.
* **Repeal of Regulations:**
* The Regulations specified in the Schedule are repealed.
* Schedule includes:
* The Daman and Diu Value Added Tax Regulation, 2005.
* The Dadra and Nagar Haveli Excise Duty Regulation, 2012.
* **Savings Provisions:**
* The repeal does not affect other enactments, principles of law, or established jurisdictions where the repealed Regulations were applied.
* It does not revive any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, or other matter not currently existing.
* The repeal does not affect the previous operation of the repealed laws or anything done under them.
* Existing rights, privileges, obligations, or liabilities are not affected.
* Penalties, forfeitures, or punishments for offenses committed under the repealed Regulations remain in effect.
* Investigations, legal proceedings, or remedies related to the repealed Regulations can continue as if the Regulation had not been made.
* Duties or fees levied, assessed, or collected before the commencement of this Regulation are deemed valid.
* **Continuation of Actions:**
* Actions taken under repealed Regulations, such as appointments, notifications, and permits, remain in force unless superseded.
* **General Clauses Act:**
* Section 6 of the General Clauses Act, 1897, applies to the effect of the repeal.
Impact Analysis:
Stakeholder: Government of India
Impact: Ensures a streamlined legal framework in the merged Union Territory of Dadra and Nagar Haveli and Daman and Diu.
Action Required: Ensure the implementation of the repeal and that all relevant departments are aware of the changes and savings provisions.
Stakeholder: Taxpayers and Businesses in Daman and Diu and Dadra and Nagar Haveli
Impact: VAT and Excise Duty regulations are repealed.
Action Required: Stay informed about any new tax laws or regulations that will replace the repealed ones. Comply with any new directives issued by the relevant authorities.
Stakeholder: Legal Professionals and Courts
Impact: Must consider the savings provisions when dealing with cases or matters that arose under the repealed regulations.
Action Required: Be aware of the repealed regulations and the savings provisions to ensure proper handling of ongoing or future legal matters.
Stakeholder: Regulatory and Administrative Bodies
Impact: Must cease enforcement of the repealed regulations.
Action Required: Implement new regulations or amend existing ones to reflect the changes brought about by the repeal. Ensure that ongoing projects or schemes are appropriately transitioned.
Key Entities Referenced
Dadra and Nagar Haveli: Union territory in India, one of the territories to which the regulation applies.
Daman and Diu: Union territory in India, one of the territories to which the regulation applies.
The Dadra and Nagar Haveli and Daman and Diu Repeal Regulation, 2020: The title of the regulation being analyzed.
Constitution: Refers to the Constitution of India, which grants the President the power to promulgate the regulation.
President: Refers to the President of India, who promulgates the regulation under Article 240 of the Constitution.
General Clauses Act, 1897: Indian law that provides general rules of interpretation for Indian legislation, particularly regarding the effect of repeals.
Ram Nath Kovind: The President of India at the time of promulgation of the regulation.
New Delhi: Location of the Ministry of Law and Justice and Government of India Press, Delhi.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 24th January, 2020/Magha 4, 1941 (Saka)
THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU
(REPEAL) REGULATION, 2020
NO. 5 OF 2020
Promulgated by the President in the Seventy-first Year of the Republic of India.
A Regulation to repeal certain Regulations in force in the Union territory of Dadra and
Nagar Haveli and the Union territory of Daman and Diu.
In exercise of the powers conferred by article 240 of the Constitution, the President is
pleased to promulgate the following Regulation made by him:—
1. (1) This Regulation may be called the Dadra and Nagar Haveli and Daman and Diu Short title and
(Repeal) Regulation, 2020. commencement.
(2) It shall come into force on the 26th day of January, 2020.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Repeal of 2. (1) The Regulations specified in the Schedule annexed to this Regulation are hereby
certain repealed.
Regulations
and savings. (2) The repeal of any Regulation specified in the Schedule shall not—
(a) affect any other enactment or Regulations in which the repealed Regulations
have been applied, incorporated or referred to;
(b) affect any principle or rule of law, or established jurisdiction, form or course
of pleading, practice or procedure, or existing usage, custom, privilege, restriction,
exemption, office or appointment, notwithstanding that the same respectively may
have been in any manner affirmed or recognised or derived by, in or from any
Regulations hereby repealed;
(c) revive or restore any jurisdiction, office, custom, liability, right, title, privilege,
restriction, exemption, usage, practice, procedure or other matter or thing not now
existing or in force;
(d) affect the previous operation of any law so repealed or anything duly done or
suffered thereunder;
(e) affect any right, privilege, obligation or liability acquired, accrued or incurred
under any Regulations so repealed;
(f) affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against any of the Regulations so repealed;
(g) affect any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and
any such investigation, legal proceeding or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed, as if this
Regulation had not been made;
(h) affect any duty, or fee levied, assessed or collected or purported to have
been levied, assessed or collected under the Regulations under repeal, before the
commencement of this Regulation, shall be deemed to have been validly levied, assessed
or collected in accordance with law:
Provided that anything done or any action taken (including any appointment or
delegation made, notification, instruction or direction issued, form, bye-law or scheme
framed, certificate obtained, patent permit or licence granted, or registration effected)
under any Regulations under repeal, shall be deemed to have been done or taken
under the corresponding provision of this Regulation and shall continue to be in force
accordingly unless and until superseded by anything done or any action taken under
the said Regulation.
(3) The mention of particular matters referred to in sub-section (2) shall not be held to
prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with 10 of 1897.
regard to the effect of repeal.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
THE SCHEDULE
(See section 2)
(1)The Daman and Diu Value Added Tax Regulation, 2005 (Reg. 1 of 2005).
(2)The Dadra and Nagar Haveli Excise Duty Regulation, 2012 (Reg. 1 of 2012).
RAM NATH KOVIND,
President.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—4837GI—24-01-2020.