## Report on the Repealing and Amending Act, 2022
**1. Executive Summary:**
This report analyzes the Repealing and Amending Act, 2022, based on the official government publication. The Act primarily aims to streamline the legal framework by repealing obsolete or unnecessary enactments and amending a specific existing enactment to correct a detected defect. The Act repeals numerous acts listed in the First and Second Schedules. The key finding is the focus on legislative housekeeping, removing outdated laws and rectifying errors in existing ones, specifically targeting the Factoring Regulation Act, 2011.
**2. Introduction:**
This report provides an overview of the Repealing and Amending Act, 2022 (Bill No. 290 of 2022), as introduced in Lok Sabha on December 19, 2022. The analysis is based solely on the provided government policy text. This report intends to inform the industry about the Acts being repealed and the amendment to the Factoring Regulation Act, 2011.
**3. Policy Overview:**
* This Act is an amending Act, focusing on repealing certain enactments and amending others.
* **Core Objective(s):** The core objective is to repeal enactments that are no longer in force, have become obsolete, or whose retention as separate Acts is unnecessary. It also aims to correct formal defects detected in existing enactments, as stated in the "Statement of Objects and Reasons".
**4. Background and Rationale:**
* This is an amending Act. The "Statement of Objects and Reasons" section indicates the need for periodical measures to repeal obsolete enactments and correct formal defects in existing laws. This streamlining process aims to improve the efficiency and clarity of the legal framework.
* The specific amendment to the Factoring Regulation Act, 2011, is due to a "patent error" that the amendment seeks to rectify, as mentioned in the "Note on the Third Schedule."
**5. Key Provisions / Changes:**
* **This is primarily an *Amendment* Act. Key provisions are:**
* **Repeals:** The Act repeals the enactments listed in the First and Second Schedules. The First Schedule lists numerous Acts from 1885 to 2020, including amendments to laws concerning land acquisition, sugarcane, telegraph wires, metal corporations, coal mines, companies, insolvency and bankruptcy, property, homeoeopathy, personal laws, special economic zones, Aadhaar, right to information, and salaries of Members of Parliament. The Second Schedule lists Appropriation Acts from 2013 to 2017.
* **Amendment to the Factoring Regulation Act, 2011:** Section 31A, in subsection 3, the words "that Central Government" shall be substituted to "that Government".
* **Effect of Change:** This amendment corrects a patent error in the Factoring Regulation Act, 2011, by changing the words 'that Central Government' to 'that Government'. The change may broaden the scope of the provision by removing the implied restriction to only the Central Government, possibly allowing State Governments or other relevant governmental bodies to be included.
**6. Target Audience and Stakeholders:**
* **Repealed Acts:** The Act directly impacts individuals, organizations, and government bodies previously governed by the repealed enactments.
* **Factoring Regulation Act, 2011 Amendment:** The amendment to the Factoring Regulation Act, 2011, directly affects factoring companies, entities involved in factoring transactions, and regulatory bodies overseeing the factoring industry.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** While not explicitly stated, the Ministry of Law and Justice, represented by the Minister (Shri Kiren Rijiju), played a key role in introducing the Bill. The Lok Sabha is the initial legislative body involved.
* **Timelines/Procedures:** The Act was introduced in Lok Sabha on December 19, 2022. Further legislative procedures will follow for enactment.
* **Factoring Regulation Act, 2011 Amendment:** The implementation of this amendment necessitates updating official documents and ensuring compliance with the revised wording.
**8. Expected Outcomes / Impact of Changes:**
* **Repeals:** The repeal of obsolete acts reduces legal ambiguity and administrative burden, contributing to a more streamlined legal system.
* **Factoring Regulation Act, 2011 Amendment:** The likely intended outcome of the specific amendment to the Factoring Regulation Act, 2011, is to rectify a "patent error" and ensure the Act's intended functionality. Changing "that Central Government" to "that Government" is likely intended to clarify which government body is referenced in Section 31A, subsection 3 of the Factoring Regulation Act. The change could grant additional governmental bodies (e.g. state governments) the relevant powers to act under the legislation.
**9. Conclusion:**
The Repealing and Amending Act, 2022, represents a legislative effort to improve the efficiency and accuracy of India's legal framework. The repeal of numerous outdated acts simplifies the legal landscape, while the amendment to the Factoring Regulation Act, 2011, aims to correct a specific error and improve its application. The industry should be aware of the list of repealed acts and the change in the Factoring Regulation Act.
Key Entities Referenced
Lok Sabha: The lower house of the Parliament of India where the Bill was introduced.
Repealing and Amending Act, 2022: The short title of the Act as specified in the Bill.
Parliament of India: The legislative body enacting the law.
First Schedule: A schedule within the Act specifying enactments to be repealed.
Second Schedule: A schedule within the Act specifying enactments to be repealed.
Third Schedule: A schedule within the Act specifying enactments to be amended.
The Land Acquisition Mines Act, 1885: An Act being repealed as listed in the First Schedule.
The Sugarcane Act, 1934: An Act being repealed as listed in the First Schedule.
The Telegraph Wires Unlawful Possession Act, 1950: An Act being repealed as listed in the First Schedule.
The Metal Corporation of India Acquisition of Undertaking Act, 1965: An Act being repealed as listed in the First Schedule.
The Coal Mines Conservation and Development Act, 1974: An Act being repealed as listed in the First Schedule.
The Metal Corporation Nationalisation and Miscellaneous Provisions Act, 1976: An Act being repealed as listed in the First Schedule.
The Andhra Scientific Company Limited Acquisition and Transfer of Undertakings Act, 1982: An Act being repealed as listed in the First Schedule.
The Delhi Motor Vehicles Taxation Amendment Act, 1983: An Act being repealed as listed in the First Schedule.
The Air Corporations Transfer of Undertakings and Repeal Act, 1994: An Act being repealed as listed in the First Schedule.
The Companies Amendment Act, 2017: An Act being repealed as listed in the First Schedule.
The Insolvency and Bankruptcy Code Amendment Act, 2018: An Act being repealed as listed in the First Schedule.
The Requisitioning and Acquisition of Immovable Property Amendment Act, 2018: An Act being repealed as listed in the First Schedule.
The Homoeopathy Central Council Amendment Act, 2018: An Act being repealed as listed in the First Schedule.
The Insolvency and Bankruptcy Code Second Amendment Act, 2018: An Act being repealed as listed in the First Schedule.
The Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Amendment Act, 2018: An Act being repealed as listed in the First Schedule.
The Personal Laws Amendment Act, 2019: An Act being repealed as listed in the First Schedule.
The Special Economic Zones Amendment Act, 2019: An Act being repealed as listed in the First Schedule.
The Appropriation Act, 2016: An Act being repealed as listed in the Second Schedule.
The Homoeopathy Central Council Amendment Act, 2019: An Act being repealed as listed in the First Schedule.
The Aadhaar and Other Laws Amendment Act, 2019: An Act being repealed as listed in the First Schedule.
The Right to Information Amendment Act, 2019: An Act being repealed as listed in the First Schedule.
The Insolvency and Bankruptcy Code Amendment Act, 2019: An Act being repealed as listed in the First Schedule.
The Public Premises Eviction of Unauthorised Occupants Amendment Act, 2019: An Act being repealed as listed in the First Schedule.
The Supreme Court Number of Judges Amendment Act, 2019: An Act being repealed as listed in the First Schedule.
The Salary, Allowances and Pension of Members of Parliament Amendment Act, 2020: An Act being repealed as listed in the First Schedule.
The Appropriation Railways Vote on Account Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways No. 2 Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation Vote on Account Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 2 Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways No. 3 Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 3 Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 4 Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 5 Act, 2013: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways No. 4 Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways Vote on Account Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation Vote on Account Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways No. 2 Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways No. 3 Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 2 Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 3 Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 4 Act, 2014: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways Vote on Account Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation Vote on Account Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways No. 2 Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 2 Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways No. 3 Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 3 Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 4 Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 5 Act, 2015: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways Vote on Account Act, 2016: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways Act, 2016: An Act being repealed as listed in the Second Schedule.
The Appropriation Vote on Account Act, 2016: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways No. 2 Act, 2016: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 2 Act, 2016: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 3 Act, 2016: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 4 Act, 2016: An Act being repealed as listed in the Second Schedule.
The Appropriation No. 5 Act, 2016: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways Act, 2017: An Act being repealed as listed in the Second Schedule.
The Appropriation Railways No. 2 Act, 2017: An Act being repealed as listed in the Second Schedule.
The Factoring Regulation Act, 2011: An Act being amended as listed in the Third Schedule.
Kiren Rijiju: Minister of Law and Justice.
Constitution of India: The constitution under which president gave recommendation for the bill.
Utpal Kumar Singh: Secretary General
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LOK SABHA
The following Bill was introduced in Lok Sabha on 19th December, 2022:—
BILL NO. 290 OF 2022
A bill to repeal certain enactments and to amend an enactment.
BE it enacted by Parliament in the Seventy-third Year of the Republic of India as
follows:—
1. This Act may be called the Repealing and Amending Act, 2022. Short title.
2. The enactments specified in the First Schedule and the Second Schedule are Repeal of
hereby repealed. certain
enactments.
3. The enactment specified in the Third Schedule is hereby amended to the extent Amendment
and in the manner specified in the fourth column thereof. of enactment.
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. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
THE FIRST SCHEDULE
(See section 2)
REPEALS
Year Act No. Short Title
1 2 3
1885 18 The Land Acquisition (Mines) Act, 1885.
1934 15 The Sugar-cane Act, 1934.
1950 74 The Telegraph Wires (Unlawful Possession) Act, 1950.
1965 44 The Metal Corporation of India (Acquisition of Undertaking) Act,
1965.
1974 28 The Coal Mines (Conservation and Development) Act, 1974.
1976 100 The Metal Corporation (Nationalisation and Miscellaneous
Provisions) Act, 1976.
1982 71 The Andhra Scientific Company Limited (Acquisition and Transfer of
Undertakings) Act, 1982.
1983 17 The Delhi Motor Vehicles Taxation (Amendment) Act, 1983.
1994 13 The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994.
2018 1 The Companies (Amendment) Act, 2017.
2018 8 The Insolvency and Bankruptcy Code (Amendment) Act, 2018.
2018 21 The Requisitioning and Acquisition of Immovable Property
(Amendment) Act, 2018.
2018 23 The Homoeopathy Central Council (Amendment) Act, 2018.
2018 26 The Insolvency and Bankruptcy Code (Second Amendment) Act, 2018.
2018 27 The Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2018.
2019 6 The Personal Laws (Amendment) Act, 2019.
2019 8 The Special Economic Zones (Amendment) Act, 2019.
2019 11 The Homoeopathy Central Council (Amendment) Act, 2019.
2019 14 The Aadhaar and Other Laws (Amendment) Act, 2019.
2019 24 The Right to Information (Amendment) Act, 2019.
2019 26 The Insolvency and Bankruptcy Code (Amendment) Act, 2019.
2019 36 The Public Premises (Eviction of Unauthorised Occupants)
Amendment Act, 2019.
2019 37 The Supreme Court (Number of Judges) Amendment Act, 2019.
2020 19 The Salary, Allowances and Pension of Members of Parliament
(Amendment) Act, 2020.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
THE SECOND SCHEDULE
(See section 2)
REPEALS
Year Act No. Short Title
1 2 3
2013 5 The Appropriation (Railways) Vote on Account Act, 2013.
2013 6 The Appropriation (Railways) Act, 2013.
2013 7 The Appropriation (Railways) No. 2 Act, 2013.
2013 8 The Appropriation (Vote on Account) Act, 2013.
2013 9 The Appropriation Act, 2013.
2013 10 The Appropriation (No. 2) Act, 2013.
2013 15 The Appropriation (Railways) No. 3 Act, 2013.
2013 16 The Appropriation (No. 3) Act, 2013.
2013 21 The Appropriation (No. 4) Act, 2013.
2014 2 The Appropriation (No. 5) Act, 2013.
2014 3 The Appropriation (Railways) No. 4 Act, 2013.
2014 4 The Appropriation (Railways) Vote on Account Act, 2014.
2014 5 The Appropriation (Railways) Act, 2014.
2014 12 The Appropriation (Vote on Account) Act, 2014.
2014 13 The Appropriation Act, 2014.
2014 21 The Appropriation (Railways) No. 2 Act, 2014.
2014 22 The Appropriation (Railways) No. 3 Act, 2014.
2014 23 The Appropriation (No. 2) Act, 2014.
2014 24 The Appropriation (No. 3) Act, 2014.
2014 38 The Appropriation (No. 4) Act, 2014.
2015 6 The Appropriation (Railways) Vote on Account Act, 2015.
2015 7 The Appropriation (Railways) Act, 2015.
2015 8 The Appropriation (Vote on Account) Act, 2015.
2015 9 The Appropriation Act, 2015.
2015 13 The Appropriation (Railways) No. 2 Act, 2015.
2015 15 The Appropriation (No. 2) Act, 2015.
2015 24 The Appropriation (Railways) No. 3 Act, 2015.
2015 25 The Appropriation (No. 3) Act, 2015.
2016 7 The Appropriation (No. 4) Act, 2015.
2016 8 The Appropriation (No. 5) Act, 2015.
2016 14 The Appropriation (Railways) Vote on Account Act, 2016.
2016 15 The Appropriation (Railways) Act, 2016.
2016 19 The Appropriation (Vote on Account) Act, 2016.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
1 2 3
2016 20 The Appropriation Act, 2016.
2016 26 The Appropriation (Railways) No. 2 Act, 2016.
2016 29 The Appropriation (No. 2) Act, 2016.
2016 46 The Appropriation (No. 3) Act, 2016.
2016 50 The Appropriation (No. 4) Act, 2016.
2016 51 The Appropriation (No. 5) Act, 2016.
2017 8 The Appropriation (Railways) Act, 2017.
2017 9 The Appropriation (Railways) No. 2 Act, 2017.
THE THIRD SCHEDULE
(See section 3)
AMENDMENT
Year Act No. Short Title Amendment
1 2 3 4
2012 12 The Factoring Regulation Act, 2011 In section 31A, in sub-section
(3), for the words "that Central
Government", the words "that
Government" shall be
substituted.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2]
STATEMENT OF OBJECTS AND REASONS
This Bill is one of those periodical measures by which enactments, which have ceased
to be in force or have become obsolete or the retention whereof as separate Acts is
unnecessary are repealed or by which the formal defects detected in enacatments are
corrected.
2. The note on Third Schedule which follows explain the reasons for the amendment
suggested in the Bill in respect whereof some detailed explanation is necessary.
3. Clause 4 of the Bill contains a precautionary provision which it is usual to include
in the Bill of this kind.
NEW DELHI;
The 14th December, 2022. KIREN RIJIJU.
————
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION
OF INDIA
————
[F.No. 1(66)/2019-L.I dated 15 December, 2022 from Shri Kiren Rijiju, Minister of
Law and Justice to the Secretary General, Lok Sabha]
The President, having been informed of the subject matter of the proposed Bill,
recommends under clause (1) of article 117 of the Constitution of India, the introduction of
the Repealing and Amending Bill, 2022 in Lok Sabha.
————
NOTE ON THE THIRD SCHEDULE
The Factoring Regulation Act, 2011 (12 of 2012).—The amendment proposed to the
Act seeks to rectify patent error.
————
UTPAL KUMAR SINGH
Secretary General
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—2041GI—21-12-2022.