Executive Summary:
The Repealing and Amending Act, 2019, Act No. 31 of 2019, received presidential assent on August 8, 2019, and is published for general information. It repeals certain enactments listed in the First Schedule and amends others as specified in the Second Schedule. The Act aims to remove obsolete laws and update existing ones.
Key Points / Main Content:
* **Short Title:** The Act is called the "Repealing and Amending Act, 2019."
* **Repeal of Enactments:** The enactments specified in the First Schedule are repealed.
* **Amendment of Enactments:** The enactments specified in the Second Schedule are amended to the extent and in the manner specified in the fourth column thereof.
* **Savings Clause:**
* The repeal of any enactment does not affect other enactments where the repealed enactment was applied, incorporated, or referred to.
* The Act does not affect the validity, effect, or consequences of anything already done, or any existing right, title, obligation, or liability.
* The Act does not affect any principle or rule of law, jurisdiction, pleading, practice, procedure, custom, privilege, restriction, exemption, office, or appointment.
* The repeal does not revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure, or other matter not currently existing or in force.
* **First Schedule: Repeals:** Lists Acts repealed, including:
* The Public Accountants' Defaults Act, 1850
* The Municipal Taxation Act, 1881
* The Government Management of Private Estates Act, 1892
* The Terminal Tax on Railway Passengers Act, 1956
* The Himachal Pradesh Legislative Assembly Constitution and Proceedings Validation Act, 1958
* The Cotton Transport Amendment Act, 1960
* The Hindi Sahitya Sammelan Amendment Act, 1963
* The Dramatic Performances Delhi Repeal Act, 1963
* The Public Employment Requirement as to Residence Amendment Act, 1964
* The Delhi and Ajmer Rent Control Nasirabad Cantonment Repeal Act, 1968
* The Alcock Ashdown Company Limited Acquisition of Undertakings Act, 1973
* The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976
* The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976
* The Beedi Workers Welfare Fund Act, 1976
* The Tea Amendment Act, 1980
* The Aligarh Muslim University Amendment Act, 1981
* The Road Transport Corporations Amendment Act, 1982
* The Transformers and Switchgear Limited Acquisition and Transfer of Undertakings Act, 1983
* The Tamil Nadu Agricultural Service Cooperative Societies Appointment of Special Officers Amendment Act, 1988
* The High Denomination Bank Notes Demonetisation Amendment Act, 1998
* The Motor Vehicles Amendment Act, 2001
* The Registration and Other Related Laws Amendment Act, 2001
* The Institutes of Technology Amendment Act, 2002
* The Delhi University Amendment Act, 2002
* The Dalmia Dadri Cement Limited Acquisition and Transfer of Undertakings Amendment Act, 2006
* The Central Road Fund Amendment Act, 2007
* The Prevention of Moneylaundering Amendment Act, 2009
* The Central Industrial Security Force Amendment Act, 2009
* The Central Universities Amendment Act, 2009
* The Civil Defence Amendment Act, 2009
* The Repatriation of Prisoners Amendment Act, 2011
* The Customs Amendment and Validation Act, 2011
* The National Institutes of Technology Amendment Act, 2012
* The Institutes of Technology Amendment Act, 2012
* The Governors Emoluments, Allowances and Privileges Amendment Act, 2014
* The National Institute of Technology, Science Education and Research Amendment Act, 2014
* The Andhra Pradesh Reorganisation Amendment Act, 2014
* The Telecom Regulatory Authority of India Amendment Act, 2014
* The Merchant Shipping Amendment Act, 2014
* The Merchant Shipping Second Amendment Act, 2014
* The National Capital Territory of Delhi Laws Special Provisions Second Amendment Act, 2014
* The Public Premises Eviction of Unauthorised Occupants Amendment Act, 2015
* The Motor Vehicles Amendment Act, 2015
* The Insurance Laws Amendment Act, 2015
* The Mines and Minerals Development and Regulation Amendment Act, 2015
* The Andhra Pradesh Reorganisation Amendment Act, 2015
* The Regional Rural Banks Amendment Act, 2015
* The Warehousing Corporations Amendment Act, 2015
* The Companies Amendment Act, 2015
* The Election Laws Amendment Act, 2016
* The High Court and the Supreme Court Judges Salaries and Conditions of Service Amendment Act, 2016
* The Mines and Minerals Development and Regulation Amendment Act, 2016
* The National Institute of Technology, Science Education and Research Amendment Act, 2016
* The Central Agricultural University Amendment Act, 2016
* The Taxation Laws Second Amendment Act, 2016
* The National Institute of Technology, Science Education and Research Amendment Act, 2017
* The Collection of Statistics Amendment Act, 2017
* The Indian Institutes of Information Technology Amendment Act, 2017
* **Second Schedule: Amendments:** Lists Amendments made to Acts including:
* The Income-tax Act, 1961 is amended in section 54GA.
* The Indian Institutes of Management Act, 2017 is amended in sections 3 and 36.
Impact Analysis:
Stakeholders: Entities and individuals affected by repealed or amended enactments.
Impact: The Act repeals or amends existing legislation, which may alter the legal framework within which these stakeholders operate.
Action Required: Review the First and Second Schedules to determine if any laws impacting their operations have been repealed or amended and adjust practices accordingly.
Key Entities Referenced
The Repealing and Amending Act, 2019: An Act of Parliament to repeal certain enactments and to amend certain other enactments.
Parliament: The legislative body that enacted the Repealing and Amending Act, 2019.
President: The head of state who gave assent to the Repealing and Amending Act, 2019.
Ministry of Law and Justice: The ministry responsible for publishing the Act.
New Delhi: The location where the Act was published, the capital of India.
The Public Accountants' Defaults Act, 1850: One of the enactments repealed by the Repealing and Amending Act, 2019.
The Income-tax Act, 1961: One of the enactments amended by the Repealing and Amending Act, 2019.
Dr. G. Narayana Raju: Secretary to the Govt. of India.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 8th August, 2019/Shravana 17, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
8th August, 2019, and is hereby published for general information:—
THE REPEALING AND AMENDING ACT, 2019
NO. 31 OF 2019
[8th August, 2019.]
An Act to repeal certain enactments and to amend certain other enactments.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:—
1. This Act may be called the Repealing and Amending Act, 2019. Short title.
2. The enactments specified in the First Schedule are hereby repealed.
Repeal of
certain
enactments.
3. The enactments specified in the Second Schedule are hereby amended to the extent Amendment
and in the manner specified in the fourth column thereof. of certain
enactments.
4. The repeal by this Act of any enactment shall not affect any other enactment in Savings.
which the repealed enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything
already done or suffered, or any right, title, obligation or liability already acquired, accrued or
incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or
from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted,
or the proof of any past act or thing;2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
nor shall this Act affect any principle or rule of law, or established jurisdiction, form or
course of pleading, practice or procedure, or existing usage, custom, privilege, restriction,
exemption, office or appointment, notwithstanding that the same respectively may have
been in any manner affirmed or recognised or derived by, in or from any enactment hereby
repealed;
nor shall the repeal by this Act of any enactment revive or restore any jurisdiction,
office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure
or other matter or thing not now existing or in force.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
THE FIRST SCHEDULE
(See section 2)
REPEALS
Year Act No. Short Title
1 2 3
1850 XII The Public Accountants' Defaults Act, 1850.
1881 XI The Municipal Taxation Act, 1881.
1892 X The Government Management of Private Estates Act, 1892.
1956 69 The Terminal Tax on Railway Passengers Act, 1956.
1958 56 The Himachal Pradesh Legislative Assembly (Constitution and
Proceedings) Validation Act, 1958.
1960 22 The Cotton Transport (Amendment) Act, 1960.
1963 1 The Hindi Sahitya Sammelan (Amendment) Act, 1963.
1963 35 The Dramatic Performances (Delhi Repeal) Act, 1963.
1964 10 The Public Employment (Requirement as to Residence) Amendment
Act, 1964.
1968 49 The Delhi and Ajmer Rent Control (Nasirabad Cantonment Repeal)
Act, 1968.
1973 56 The Alcock Ashdown Company Limited (Acquisition of Undertakings)
Act, 1973.
1976 55 The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour
Welfare Cess Act, 1976.
1976 61 The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour
Welfare Fund Act, 1976.
1976 62 The Beedi Workers Welfare Fund Act, 1976.
1980 68 The Tea (Amendment) Act, 1980.
1981 62 The Aligarh Muslim University (Amendment) Act, 1981.
1982 63 The Road Transport Corporations (Amendment) Act, 1982.
1983 41 The Transformers and Switchgear Limited (Acquisition and Transfer of
Undertakings) Act, 1983.
1988 22 The Tamil Nadu Agricultural Service Co-operative Societies (Appointment
of Special Officers) Amendment Act, 1988.
1999 3 The High Denomination Bank Notes (Demonetisation) Amendment
Act, 1998.
2001 39 The Motor Vehicles (Amendment) Act, 2001.
2001 48 The Registration and Other Related Laws (Amendment) Act, 2001.
2002 16 The Institutes of Technology (Amendment) Act, 2002.
2002 43 The Delhi University (Amendment) Act, 2002.
2007 3 The Dalmia Dadri Cement Limited (Acquisition and Transfer of
Undertakings) Amendment Act, 2006.
2007 28 The Central Road Fund (Amendment) Act, 2007.
2009 21 The Prevention of Money-laundering (Amendment) Act, 2009.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
1 2 3
2009 22 The Central Industrial Security Force (Amendment) Act, 2009.
2009 38 The Central Universities (Amendment) Act, 2009.
2010 3 The Civil Defence (Amendment) Act, 2009.
2011 6 The Repatriation of Prisoners (Amendment) Act, 2011.
2011 14 The Customs (Amendment and Validation) Act, 2011.
2012 28 The National Institutes of Technology (Amendment) Act, 2012.
2012 34 The Institutes of Technology (Amendment) Act, 2012.
2014 8 The Governors (Emoluments, Allowances and Privileges) Amendment
Act, 2014.
2014 9 The National Institute of Technology, Science Education and Research
(Amendment) Act, 2014.
2014 19 The Andhra Pradesh Reorganisation (Amendment) Act, 2014.
2014 20 The Telecom Regulatory Authority of India (Amendment) Act, 2014.
2014 31 The Merchant Shipping (Amendment) Act, 2014.
2014 32 The Merchant Shipping (Second Amendment) Act, 2014.
2014 39 The National Capital Territory of Delhi Laws (Special Provisions) Second
(Amendment) Act, 2014.
2015 2 The Public Premises (Eviction of Unauthorised Occupants) Amendment
Act, 2015.
2015 3 The Motor Vehicles (Amendment) Act, 2015.
2015 5 The Insurance Laws (Amendment) Act, 2015.
2015 10 The Mines and Minerals (Development and Regulation) Amendment
Act, 2015.
2015 12 The Andhra Pradesh Reorganisation (Amendment) Act, 2015.
2015 14 The Regional Rural Banks (Amendment) Act, 2015.
2015 16 The Warehousing Corporations (Amendment) Act, 2015.
2015 21 The Companies (Amendment) Act, 2015.
2016 10 The Election Laws (Amendment) Act, 2016.
2016 13 The High Court and the Supreme Court Judges (Salaries and Conditions
of Service) Amendment Act, 2016.
2016 25 The Mines and Minerals (Development and Regulation) Amendment
Act, 2016.
2016 42 The National Institute of Technology, Science Education and Research
(Amendment) Act, 2016.
2016 45 The Central Agricultural University (Amendment) Act, 2016.
2016 48 The Taxation Laws (Second Amendment) Act, 2016.
2017 19 The National Institute of Technology, Science Education and Research
(Amendment) Act, 2017.
2017 21 The Collection of Statistics (Amendment) Act, 2017.
2017 25 The Indian Institutes of Information Technology (Amendment) Act, 2017.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
THE SECOND SCHEDULE
(See section 3)
AMENDMENTS
Year Act No. Short title Amendments
1 2 3 4
1961 43 The Income-tax Act, 1961 In section 54GA, in the Explanation to
sub-section (1), in clause (a), after the word,
brackets, letters "clause (za)", the words
and figure "of section 2" shall be inserted.
2017 33 The Indian Institutes of (i) in section 3, in clause (f), for the words
Management Act, 2017 '"Director", means’, the words '"Director"
means’ shall be substituted;
(ii) in section 36, in sub-section (1), for the
word "Ordinance", the word "Ordinances"
shall be substituted.
————
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—2591GI(S3)—08-08-2019.