Report248 PDF
Report248 PDF
LAW COMMISSION
OF
INDIA
September, 2014
D.O. No.6(3)211/2011-LC(LS) 12th September, 2014
Yours sincerely,
ii
“Obsolete Laws : Warranting Immediate Repeal”
(Interim Report)
Table of Contents
iii
Chapter 1
INTRODUCTION & BACKGROUND
1.1 A project “Identification of Obsolete Laws”
was undertaken by the 19th Law Commission.
Ministries / Departments of the Government were
approached (on 22.05.2012) seeking the list of
such laws / Acts administratively concerned with
them respectively. Subsequently after the
constitution of the 20th Law Commission, a
reminder was sent to these Ministries /
Departments. Some responses though not very
significant in number, were received. In the
meantime, a letter from the Hon’ble Minister for
Law and Justice dated 24 June 2014 asking the
Commission to give its suggestions and
recommendations on the same subject was
received.
1.2 Keeping above in view, the Commission
decided to pursue a study “The Legal Enactments
: Simplification and Streamlining” and a
Committee for the purpose comprising Justice S N
Kapoor, Member, Law Commission, Prof. Mool
Chand Sharma, Member, Law Commission, Prof.
Yogesh Tyagi, Member (Part Time), Law
Commission, Mr. Arghya Sengupta and Ms. Srijoni
Sen, Advocates from Vidhi Centre for Legal Policy
has been appointed.
1.3 The Study would be completed in instalments
and accordingly a number of volumes of the reports
will be submitted to the Government as the study
proceeds. In a nutshell the Study will chart out a
detailed roadmap and make suggestions for
updating, simplifying, streamlining and
rationalising, and amending laws and legal
structures.
1
1.4 In the Commission’s view a study like this has
a holistic approach and long-term objectives to
achieve including that of suggesting ways and
steps for modernisation and reforms of laws and of
legal structures. Such a study has to begin by
identifying and recommending repealing of laws
which are obsolete and have ceased to be relevant.
More important. Such a study needs to identify
laws which are inconsistent with modern and
newer laws, with Supreme Court Judgements and
international conventions signed and ratified by
India. Also such a study is required to focus its
efforts to cull out those laws that impose heavy
burden and whose costs outweigh their benefits
and are thus in need of simplification,
amendments or repeal. The study also need to
attend to crucial and consequential requirement of
identifying and suggesting laws which need
amendments so as to be relevant and in tune with
the changing needs of the time.
2
Law is growing in bulk and magnitude....”. One of
the main reasons identified by the 96th report
calling for repealing obsolete laws was the call of
modern times. It is important to note that the 96th
report was presented way back in the year 1984
and two decades since then have seen such fast
changes which probably were never witnessed in
the history so far. Thus, the force of the call for
repeal of obsolete laws and need for modernisation
gets reinforced.
1.6 In the course of the Commission’s research,
unpublished work by the 100 Laws Repeal Project,
a citizens’ coalition initiative comprising Centre for
Civil Society, Macrofinance Group of NIPFP,
amongst others was brought to our notice, together
with several scholarly pieces and newspaper
articles on this issue. The Commission would like
to acknowledge these contributions which
benefited its Report.
3
Chapter 2
METHODOLOGY:
SUBJECT-CATEGORISATION AND CLASSIFICATION
4
laws of course subject to certain defined limitations
in such situations. In addition to these two
important sources, literature available in various
journals too was reflected upon. All these three
sources proved to be of great help in devising the
methodology as described above.
2.3 By taking recourse to methodology of drawing
subject-categories and mapping out classification
into groups existing corpus of statutes, it became
easier to organize all existing Central laws
numbering 1086 into 49 carefully demarcated
‘subject-categories’. (Please see Appendix – I)
2.4 It may not be out of context of the study
undertaken that such classification and subject-
categorisation would be of much help in developing
an understanding as to how many laws in how
many ways cut across or overlap or contradict
amongst themselves or what can be described as
suffering from problem of inconsistency and / or
overlapping. Adoption of such methodology would
make the task of the Commission easier in
determining laws suffering from ‘irrelevancy’ or
‘lacking nuances to meet the needs of times’ thus
demanding either amendments or introduction of
new laws. Of course, the later two issues would
form the subject matter for further course that the
study would adopt.
5
Chapter 3
FINDINGS, CONCLUSIONS AND RECOMMENDATIONS
3.1 In the past the Commission has submitted
various reports identifying number of laws as
obsolete which demanded repeal (see Law
Commission Report Nos 18, 81, 96, 148, 159).
Commission’s 18th and 81st Reports recommended
the repeal of particular colonial law. The 18th
Report sought to repeal of ‘Converts Marriage
Dissolution Act’ and the 81st Report recommended
the repeal of ‘Hindu Widows Remarriage Act’. The
96th Report recommended repeal of the substantial
number of obsolete laws. Once again the
Commission in its 148 Report suggested repeal of
th
6
to Appendix - III). The Commission recommends
that these laws may be removed from the
Government Website.
3.4 Similarly, the Commission notes that certain
laws passed by Parliament are not listed in the
Chronological List of Central Acts on the
Government Website. A list of these laws can be
seen at Appendix – IV. The Commission
recommends that this oversight may also be
corrected.
3.5 During the course of its study the
Commission found that a large number of
Appropriation Acts passed during past several
years have lost their meaning but these are still
shown on statue-books. It is common knowledge
that Appropriation Acts are intended to operate for
a limited period of time-authorising expenditures
for the duration of one financial year, or less, for
example in the case of Vote on Account Bills.
Though these Acts are not usually included in any
list of Central Acts, either by the Ministry of Law
and Justice, or elsewhere, these laws still
technically remain on the books.
3.6 It must be emphasised that repealing
Appropriation Acts whose terms have ended will in
no way cause any negative impact on actions that
were validly taken under these Acts. It will,
however, serve the purpose of clearing the statute-
books and reducing the burden. As a caution and
not entertaining scope of any doubt it may be safe
to recommend that only those Appropriation Acts
that are older than certain date, say 10 years, may
be repealed. This itself would result in the repeal
of more than 700 laws.
7
3.7 It may be relevant to note that mechanisms
exist in many other countries to systematically
remove Appropriation Acts that have served their
purpose. For example, in the United Kingdom
(interestingly on whose Appropriation Acts we
model our own), all Appropriation Acts usually
contain a repealing provision which specifically
repeals older Appropriation Acts. In Australia the
route followed is that of automatic repeal for
Appropriation Acts. Section 89 of Australian
Legislation Act of 2001 mandates that certain Acts
are automatically repealed and this includes
“Appropriation Acts, on the last day of the
Financial Year for which it makes appropriation”
and thus in other words provisions in the nature of
a sunset clause are read into every Appropriation
Act by virtue of the Legislation of 2001.
3.8 In India, however, no such mechanism is in
place and Appropriation Acts continue to sit on
statute-books. The Law Commission recommends
that a practice like the one of the United Kingdom
to include a repeal clause in the Appropriation Act
every year would serve a useful purpose, without
necessitating major amendments or introduction of
new laws.
3.9 In the process of categorisation of Central
statutes, the Law Commission had occasion to
examine the contents of more than a thousand
statutes. This greatly facilitated the next stage in
the process, that is, the determination of statutes
prima facie identified as potential candidates for
repeal.
3.10 Thus, after completion of the categorisation,
the Law Commission proceeded to exhaustively
study the statutes in each of the 49 established
8
categories to determine which statutes were fit for
repeal. The process was greatly aided by the fact
that all the laws governing one subject area had
already been grouped together. This clarified the
instances when a later law clearly conflicted with
an archaic one, when the purpose of the law had
already been fulfilled, or when the subject matter
of a statute was so archaic as to no longer require
legislation. Based on these parameters, the Law
Commission identified 261 statutes that prima
facie require further study with a view to providing
a firm recommendation for repeal of obsolete
statutes and those inconsistent with modern times.
This study has been completed for 72 statutes
which are discussed hereinbelow. It is our view
that these statutes ought to be repealed according
to the recommendations provided in this interim
report.
3.11 The list of 261 statutes may be found in
Appendix - V. Over the next month, the Law
Commission intends to study the status and
provisions of these statutes and arrive at
recommendations on all relevant statutes that are
fit for repeal.
9
Chapter 4
Laws recommended for Repeal
4.1 Of the 261 statutes identified in Appendix V
for further study with a view to assess suitability
for repeal, the following set of 72 statutes have
been found by the Law Commission to be fit for
repeal. They have been recommended for repeal
because they fall into one or more of the following
categories – first, the subject matter of the law in
question is outdated, and a law is no longer needed
to govern that subject; second, the purpose of the
law in question has been fulfilled and it is no longer
needed and third, there is newer law or regulation
governing the same subject matter.
4.2 One related question has been considered
with respect to each statute studied – Which is the
appropriate legislating body for repeal of these
laws? This question is particularly relevant for pre-
independence laws passed by the Governor-
General in Council, the subject matter of which
now falls in the State list. The answer to this
question has been determined with reference to
Article 372(1) of the Constitution which says that
pre-independence laws continue to remain in force
unless amended or repealed by a competent
legislature. Competent legislature in the
Constitutional scheme refers to the legislating body
that has the power to make laws on a particular
matter under Article 246 read with the Seventh
Schedule. This has been explained in Kerala State
Electricity Board v. The Indian Aluminium Co. Ltd.
[AIR 1976 SC 1031], which stated:
An existing law continues to be
valid even though the legislative
power with respect to the
10
subject-matter of the existing
law might be in a different list
under the Constitution from the
list under which it would have
fallen under the Government of
India Act, 1935. But after the
Constitution came into force an
existing law could be amended
or repealed only by the
legislature which would be
competent to enact that law
if it were to be newly
enacted.
4.3 Similarly, in Kanwar Lal v. IInd Additional
Distt. Judge, Nainital, [AIR 1995 SC 2078], the
Supreme Court while considering amendments to
the Government Grants Act, 1895, (a pre-
constitutional Central statute) held that the State
Government was the competent legislature to
amend or repeal this Act, since the subject matter
of the Act fell into Entry 18 of List II.
4.4 Based on this reading of Article 372(1), it is
clear that if the subject-matter of a pre-
constitutional law falls into the State List, the State
Government is the competent legislature to repeal
that Act. As a result, where it is appropriate to refer
a statute to the concerned State Government for
repeal, the same has been indicated in the notes
accompanying the statute recommended for repeal.
4.5 A list of 72 statutes, with recommendations
and notes on each, is given below:
1. Bengal Districts Act, Act 21 of 1836
Category: Laws Relating to Administration and
Development of Local Areas
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Recommendation: Recommend to State of West
Bengal for repeal with suitable amendments.
This Act gives power to the State Government in
Bengal to create new districts by notification in the
Official Gazette. It is one of two of the oldest laws
in the statute books. While new districts are now
formed by State Governments under their
respective Revenue Codes, Bengal is a special case
where it is still being done under the Central Act.
This law may be repealed if the power to create
districts is instead included in the relevant West
Bengal statute. This Act has also been
recommended for repeal by the PC Jain
Commission Report in its Appendix A-5.
2. Bengal Bonded Warehouse Association Act,
Act 5 of 1838
Category: Trade and Commerce
Recommendation: Repeal
The Act was enacted to stipulate that only
residents of the Presidency of Fort William in
Bengal can be the directors of the Bengal Bonded
Warehouse Association and that the Association
can sell its property only to the East India
Company. The East India Company is no longer in
existence, and the Presidency of Fort William has
also ceased to exist as an administrative unit.
Consequently, the Act is now redundant. This Act
has been recommended for repeal by the PC Jain
Commission in its Appendix A-5.
3. Bengal Bonded Warehouse Association Act,
Act 5 of 1854
Category: Trade and Commerce
12
Recommendation: Repeal
The Act was enacted to amend the Bengal Bonded
Warehouse Association Act, 1838. The reason for
repeal for the 1838 Act applies to this Act as well.
4. Forfeited Deposits Act, Act 25 of 1850
Category: Land Laws
Recommendation: Repeal
This Act was enacted for the forfeiture to the
Government of deposits made on incomplete sales
of land made under Regulation VIII, 1819 of the
Bengal Code (the Bengal Patni Taluks Regulation,
1819). Since tenure-holders or patnidars were
taking fraudulent advantage of this Regulation,
this Act was introduced to counter the situation.
The Regulation allowed forfeited deposits at land
sales to be applied as purchase-money. The Act
instead provided that forfeited deposits were to be
used towards the cost of sales, and the rest to be
forfeited to Government. This Act is of no relevance
after 1947.
5. Sheriffs’ Fees Act, Act 8 of 1852
Category: Administration of Justice
Recommendation: Repeal
This Act was enacted to remunerate Sheriffs of the
presidency towns of Bombay, Calcutta and
Madras, at a time when Sheriffs executed legal
processes issued by courts. Now, Sheriffs do not
exercise judicial or executive functions. They
perform an apolitical, non-executive role and
preside over various city-related functions and
conferences. Sheriffs are now not paid by the
Central Government.
13
Most provisions of this Act have been repealed. The
only operative section is section 8, which deals with
the liability of the Sheriffs in case persons taken for
execution escape. This is no longer relevant since
Sheriffs now enjoy only a ceremonial position in the
administrative hierarchy.
6. Sonthal Parganas Act, Act 37 of 1855
Category: State Reorganisation and Extension of
Laws
Recommendation: Repeal
The Act was enacted to remove, from the operation
of the general laws and regulations, certain
districts inhabited by persons belonging to the
Sonthal tribe. The Preamble to the Act states that
‘the general Regulations and Acts of Government
now in force in the Presidency of Bengal are not
adapted to the uncivilized race of people called
Sonthals’. The Act cites this as the reason for
removing from the operation of such laws the
district inhabited by this tribe. The Act employs
language to describe the tribal population that has
no place in the modern era. The language of the Act
runs contrary to the spirit of the Constitution.
Further, the Sonthal areas administration is now
covered under the Fifth Schedule of the
Constitution. Therefore, this Act should be
repealed, as has also been recommended by the PC
Jain Commission in its Appendix A-5.
7. Sonthal Parganas Act, Act 10 of 1857
Category: State Reorganisation and Extension of
Laws
Recommendation: Repeal
14
The Act amended the Sonthal Parganas Act, 1855
and extended the application of the Act to certain
other areas. The reason for repeal for the 1855 Act
applies to this Act as well. This Act has been
recommended for repeal by the PC Jain
Commission in its Appendix A-5.
7. Oriental Gas Company Act, Act 5 of 1857
15
10. Madras Uncovenanted Officers’ Act, Act 7
of 1857
Category: Government Employees
Recommendation: Repeal
The Act was enacted to provide for the more
extensive employment of uncovenanted officers in
the Revenue and Judicial Departments in the
Presidency of Fort St. George. The distinction
between ‘covenanted’ and ‘uncovenanted’ officers
does not prevail within hierarchy of officers in the
Indian Civil Services now. This was an old division
of Indian officers between those who were
appointed under a covenant with the British
Government, and those who were not. This
classification of officers came to an end as a result
of the Public Service Commission of 1886. Also,
there is no documented use of this Act. Hence, this
Act is obsolete. This Act has been recommended for
repeal by the PC Jain Commission in its Appendix
A-5.
11. Howrah Offences Act, Act 21 of 1857
Category: Criminal Justice
Recommendation: Repeal
This Act was enacted to prescribe penalties for
various offences committed within the limits of
Howrah, a suburb of Calcutta where the iconic
Howrah Station is located. However, the Act lays
down relatively insignificant sentences and fines
while the Indian Penal Code, 1860 and other
criminal laws have stricter penalties for the same
offences. This Act has not been used in the recent
past, with the last recorded case being in 1956.
While this Act is redundant, concerns remain
16
about its use as a legal escape route to avoid more
stringent penalties under the IPC (or some other
law). This Act was recommended for repeal by the
PC Jain Commission in its Appendix A-5.
12. Calcutta Pilots Act, Act 12 of 1859
Category: Criminal Justice
Recommendation: Repeal
The Act envisages setting up a Court for the trial of
pilots, who were employed in the Hooghly Pilot
Service of the Port of Calcutta, and were accused of
breach of duty. However, there is no evidence of
Courts being set up or cases reported under this
Act. The Hooghly Pilot Service has been
amalgamated into the Calcutta Pilot Service, which
has its own set of regulations. Therefore, this Act is
redundant.
13. Government Seal Act, Act 3 of 1862
Category: Residuary Laws relating to
Administration
Recommendation: Repeal
The Act was enacted to remove all doubts about the
use of seals for certification of certain documents.
It allowed the Seal of the local government to be
used in place of the Seal of the East India
Company. This Act was considered for repeal by
the 148th Law Commission Report, 1993. The
Report noted that documents and instruments
sealed in accordance with this Act might have given
rise to certain rights and liabilities which have been
accepted and undertaken by the Government of
India/State Government under Articles 294 and
295 of the Constitution. While the Law Commission
17
did not recommend repeal of this Act, with a
savings clause validating documents sealed under
this Act, this Act may be validly repealed, since the
situation of documents requiring seals of the East
India Company can no longer arise.
14. Waste-Lands (Claims) Act, Act 23 of 1863
Category: Land Laws
Recommendation: Repeal, in consultation with
relevant state(s)
The Act was enacted to establish the procedures for
adjudication of claims made in relation to waste-
lands. At the time of enactment, all land not used
for agriculture as waste-lands, and the colonial
State asserted control over these lands.
However, a majority of what was previously
considered waste-land is now being administered
under the Indian Forests Act, 1927 and The
Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006. Waste-land is now considered to
be the common property of the village
communities. The continuation of this Act would
lead to perpetuation of the colonial mind-set
surrounding management of waste-lands. This Act
has also been recommended for repeal by the PC
Jain Commission in its Appendix A-5.
15. Oudh Sub-Settlement Act, Act 26 of 1866
Category: Land Laws
Recommendation: Repeal in consultation with
relevant state(s)
The Act was enacted to give the force of law to the
rules made by the Chief Commissioner of Oudh for
18
determining the claims of persons claiming
property titles in the province. The Act is
redundant as Oudh has ceased to exist as an
administrative unit.
16. Converts’ Marriage Dissolution Act, Act 21
of 1866
Category: Personal Laws
Recommendation: Repeal
This Act was enacted to allow the dissolution of
marriages of converts from Hinduism to
Christianity, on the grounds that they have been
deserted or repudiated on religious grounds by
spouse. It enables divorce proceedings to be
initiated by the converted person, not his or her
spouse. The scope of the Act was first considered
in the 18th Law Commission Report (1960) which
recommended repeal of the Act because of its
limited scope. The continuance of this Act should
be considered in light of the fact that the Supreme
Court in Sarla Mudgal v. Union of India [AIR 1995
SC 1531] has said that allowing dissolution of
marriage under the laws of the converted person is
tantamount to destroying the existing rights of the
other spouse who continues to belong to the same
religion.
17. Sarais Act, Act 22 of 1867
Category: Trade and Commerce
Recommendation: Repeal in consultation with
state(s)
The Act empowers the District Magistrate to
regulate public sarais. It includes provisions
related to registration, character certificate, and
19
written reports from the sarai keeper, among
others. This Act is now redundant because hotels
are already registered under relevant state
legislations and regulations made thereunder.
Further, it has been reported in the news that
police and tourism officials have harassed hotel
owners in the recent past for failure to comply with
the provisions of the Sarais Act. Hence, this Act
should now be repealed. This Act has also been
recommended for repeal by the PC Jain
Commission in its Appendix A-5.
18. Ganges Tolls Act, Act 1 of 1867
Category: Taxes, Tolls and Cess Laws
Recommendation: Repeal
This Act was enacted to authorise the levy of tolls
for the improvement of the navigation of the
Ganges. The Act uses antiquated language,
inconsonant with modern times. More importantly,
the Act became redundant when The National
Waterway (Allahabad-Haldia Stretch of the Ganga-
Bhagirathi Hooghly River) Act, 1982 was enacted,
which covers the scope of this Act. The 1982 Act
provides for the regulation and development of the
Ganga-Bhagirathi-Hooghly River for purposes of
shipping and navigation and authorises the levy of
toll in the region as well. This Act has been
recommended for repeal by the PC Jain
Commission in its Appendix A-1 and 148th Law
Commission Report.
19. Oudh Estates Act, Act 1 of 1869
Category: Land Laws
Recommendation: Repeal in consultation with
state(s)
20
This Act defines and regulates the succession
rights of Taluqdars and other landholders in
certain estates in Oudh. Both Oudh and the
Taluqdari system no longer exist. Therefore, the
provisions of this Act are redundant.
20. Oudh Taluqdars’ Relief Act, Act 24 of 1870
Category: Land Laws
Recommendation: Repeal in consultation with
state(s)
In Oudh, in colonial and pre-colonial India, many
Taluqdars were indebted, and as a result, their
immovable property was subject to mortgages and
liens. This Act provided a procedure to settle the
debts of these Taluqdars and relieve them. As
mentioned in the entry above, neither the princely
state of Oudh nor the Taluqdari system exists
today. Therefore, the provisions of this Act are
redundant.
21. Dehra Dun Act, Act 21 of 1871
Category: State Reorganisation and Extension of
Laws
Recommendation: Repeal in consultation with
state(s)
The Act was enacted to give validity within
Dehradun to the operation of general Regulations
and Acts in force in Saharanpur. This was done
because the territory of Dehradun was on several
occasions moved from one jurisdiction to another
by various legislative enactments. The 148th Law
Commission Report, 1993 considered but did not
recommend repeal of this Act observing that
territorial changes made in a particular year do not
21
render redundant all enactments passed earlier, in
order to deal with the consequences of any
territorial changes that may have raised legal
issues. However, Dehradun is now the capital of
the State of Uttarakhand and all laws enacted by
the Uttarakhand Legislative Assembly would have
application to Dehradun. Further, more than 140
years have passed since the enactment of this
Statute, for the resolution of legal consequences.
Hence, this Act can be repealed.
22
This Act empowered the Government to issue an
order that prevented the recruitment of Indians by
a foreign State. The Act confers a wide discretion
on the Government to specify the conditions under
which persons may be barred from being recruited
by a foreign State. According to the Law
Commission, in its 43rd Report on Offences against
National Security (1971), such wide discretion
might potentially violate the constitutional
guarantee to freedom of occupation under Article
19. The 2nd Administrative Reforms Commission
Report of 2006 has also observed that this Act is
outdated. This Act has been recommended for
repeal by the PC Jain Commission in its Appendix
A-1.
24. Laws Local Extent Act, Act 15 of 1874
Category: State Reorganisation and Extension of
Laws
Recommendation: Repeal in consultation with
relevant state(s)
The Act declares the territorial extent of certain
laws passed by the Legislative Council of India and
the Council of the Governor General of India. There
are five Schedules to this Act which enumerate the
laws applicable to the whole of British India, to the
Bombay, Madras, Bengal Presidencies, and to the
North-Western Provinces of the Presidency of Fort
William in Bengal. The territorial divisions dealt
with in this Act existed prior to 1947, and have no
relevance to the modern day demarcation of States.
The territorial applicability of laws is now
determined under newer laws such as the State
Reorganisation Acts. Hence, this Act can be
repealed subject to factual verification that a law in
force does not solely depend on this Act for its
23
applicability. This Act has also been recommended
for repeal by the PC Jain Commission in its
Appendix A-1.
25. Central Provinces Laws Act, Act 20 of 1875
24
Recommendation: Consider for repeal
The Act empowers the State Government to
prohibit performances that are scandalous,
defamatory or likely to excite feelings of
disaffection. Disobeying such prohibitions attracts
penalties. It was enacted during the colonial era
and extensively used to curb nationalist
sentiments propagated through dramatic
performances. It has no place in a modern
democratic society. States like Delhi and West
Bengal have repealed it. In 2013, the Madras High
Court in N. V. Sankaran alias Gnani v. The State Of
Tamil Nadu [2013 (1) CTC 686] held that Sections
2(1), 3, 4, 6 and 7 of the Tamil Nadu Dramatic
Performance Act, 1954 and Rule 4 of the Tamil
Nadu Dramatic Performances Rules, 1955 violate
Articles 14 and 19 of the Constitution. These
provisions are substantially similar to the central
legislation, which should be considered for repeal
on these grounds.
28. Elephants’ Preservation Act, Act 6 of 1879
25
procedures for licensing. Elephants are included
within the ambit of the 1972 Act, which also has
more stringent penalties. Therefore the 1879 Act is
redundant.
29. Dekkhan Agriculturists’ Relief Act, Act 17
of 1879
Category: Agriculture and Animal Husbandry
Recommendation: Repeal in consultation with
relevant state(s)
The Act was enacted to provide succour to indebted
agriculturists in certain parts of the Deccan. The
relevant States in the area, namely Maharashtra,
Andhra Pradesh, Kerala, Karnataka and Tamil
Nadu all now have separate debt relief laws. Hence,
the purpose of this Act has been subsumed by
other laws. However, since the competent
legislature for the subject of agricultural
indebtedness is the State, repeal must proceed
accordingly. For example, the erstwhile State of
Bombay expressly repealed the 1879 Act. The Act
may be recommended for repeal to the States to
which it has been extended by notification.
30. Raipur and Khattra Laws Act, Act 19 of
1879
Category: State Reorganisation and Extension of
Laws
Recommendation: Repeal
This law was enacted when Raipur and Khattra
were transferred to the District of Bankura, to
enforce the same laws in these places as was in
force in the rest of Bankura. It is conceptually
26
similar to the Dehra Dun Act, 1871 and may be
repealed for the same reasons.
31. Fort William Act, Act 13 of 1881
Category: Criminal Justice
Recommendation: Repeal
The Act provided for the better government of Fort
William in Bengal and the Chief of Army Staff was
given the power to make rules in relation to the
matters specified in the Schedule appended to the
Act (some of the matters being throwing dirt or
rubbish, rash and negligent driving, disorderly
behaviour in public). The Act imposes light
penalties, as little as a fine for Rs. 50 or
imprisonment for 4 days, for infringement of these
rules. The Act was considered for repeal by the
148th Law Commission Report, 1993 for being
unconstitutional. It was observed that “the
delegation to a Commissioned Officer in the Indian
Army of the power to try and punish persons
charged with the violation of the rules framed
under the Act is contrary to the general scheme of
the Constitution and is opposed to the directive
principle of separation of the judiciary from the
executive.” Even though the Law Commission did
not recommend repeal of this Act, the PC Jain
Commission in its Appendix A-5 did.
32. Agriculturists’ Loans Act, Act 12 of 1884
27
India Takkavi Act, 1879. The 1879 Act was enacted
to provide for the recovery of certain advances
made to landholders in the territories administered
by the Lieutenant-Governors of the North-Western
Frontier Provinces and the Punjab, and the Chief
Commissioners of Oudh, the Central Provinces,
Assam and Ajmer. The 1879 Act does not find
mention in the Chronological List of Central Acts
published by the Ministry of Law and Justice and
hence, does not exist now. The 1884 Act is now
obsolete and has been recommended for repeal by
the PC Jain Commission Report in its Appendix A-
5 as well.
33. Births, Deaths and Marriages Registration
Act, Act 6 of 1886
Category: Symbols, Records and Statistics
Recommendation: Repeal
The Act provides for the voluntary registration of
the births and deaths of certain classes of persons,
mainly Christians and Parsis, along with those
governed by the Indian Succession Act. The 211th
Law Commission Report calls the title of this Act
‘misleading’ because the Act does not consist any
provisions for registration of marriages, either
voluntary or compulsory. Registration of only
certain classes of people belonging to a specific
religion is likely to fall foul of Article 14 of the
Constitution. Further, registration of births and
deaths is already provided for under the
Registration of Births and Deaths Act, 1969, while
marriage are registered under the Hindu Marriage
Act, Special Marriage Act etc. The Act has also been
recommended for repeal by the PC Jain
Commission Report in its Appendix A-5 as well.
28
34. King of Oudh’s Estate Act, Act 19 of 1887
Category: Land Laws
Recommendation: Repeal in consultation with
relevant state(s)
The Act was enacted to provide for the
administration of the estate of Wajid Ali Shah, the
King of the erstwhile princely state of Oudh. The
Act gave exclusive authority to the Governor-
General-in-Council to act in the administration of
the property of the King of Oudh and satisfy all
claims made against it. Since almost 130 years
have passed since this Act was enacted, and the
position of the Governor-General-in-Council no
longer exists, it would be safe to say that the
purpose for which this Act was enacted has been
served. This Act has also been recommended for
repeal by the PC Jain Commission Report
(Appendix A-5).
35. King of Oudh’s Estate, Act 14 of 1888
Category: Land Laws
Recommendation: Repeal in consultation with
relevant state(s)
This Act was enacted to make further provision for
the administration of the estate of the King of
Oudh. The reason for repeal for the 1887 Act
applies to this Act as well. This Act has also been
recommended for repeal by the PC Jain
Commission in its Appendix A-5.
36. United Provinces Act, Act 20 of 1890
Category: State Reorganisation and Extension of
Laws
29
Recommendation: Repeal
This Act was enacted for the purposes of
administration of the Northwestern Provinces and
Oudh. It repeals and extends certain laws in those
areas, and deals with the establishment of a Board
of Revenue in Oudh. Since neither of these entities
are current administrative units, this Act may be
repealed.
37. Reformatory Schools Act, Act 8 of 1897
Category: Woman and Child Development
Recommendation: Repeal
The Act was enacted to amend the law relating to
reformatory schools and to make further provisions
for dealing with ‘youthful offenders’. It gives the
power to establish Reformatory Schools, inspect
them, and for courts to direct youthful offenders to
these schools. This Act may be in conflict with
Article 14 of the Constitution as it only applicable
to boy under the age of 15, and not to girls. The Act
speaks of ‘detention’ in reformatory schools which
is against the scheme of the Juvenile Justice (Care
and Protection of Children) Act, 2000, which
governs the juvenile justice procedure for all
children below the age of 18, and provides for
setting up of observation homes and special homes
for juveniles in conflict with law. In light of this, the
Reformatory Schools Act, 1897 is in conflict with
newer law.
38. Live-stock Importation Act, Act 9 of 1898
Category: Public Health
Recommendation: Repeal with the introduction of
new law
30
This Act was enacted to make provisions for the
regulation of importation of live-stock which may
be affected by infectious or contagious disorders.
Since the provisions of the Act have not kept pace
with modern developments, this Act was proposed
to be repealed and replaced by the Agricultural
Biosecurity Bill, 2013 (which lapsed in the Lok
Sabha). The Statement of Objects and Reasons of
the 2013 Bill specifically mentions that this Act
and the Destructive Insects and Pests Act, 1914 are
‘age-old legislations’ and ‘inadequate or obsolete
definitions in these Acts need to be updated’.
However, this Act cannot simply be repealed
without new provisions to replace the ones being
repealed.
39. Prevention of Seditious Meetings Act, Act
10 of 1911
Category: Criminal Justice
Recommendation: Repeal
This Act empowered a District Magistrate or
Commissioner of Police to prohibit a public meeting
in a proclaimed area if they believe such meeting is
likely to promote sedition. This Act was enacted
with the express purpose of clamping down on
meetings being held by nationalists. The Act
prohibited meetings ‘likely to cause disturbance or
public excitement’, but the specific provisions
creating offences suffer from vagueness. Given that
private meetings are also covered under this Act by
virtue of section 3(2), its provisions are unduly
harsh. The continuation of this colonial legislation
is unnecessary given the extensive provisions
relating to sedition under the Indian Penal Code.
Further, the provisions of the Act are likely to be
ultra vires Articles 19(1)(a) and (b)
31
40. Bengal, Bihar and Orissa and Assam Laws
Act, Act 7 of 1912
Category: State Reorganisation and Extension of
Laws
Recommendation: Repeal
This law was enacted as a result of administrative
reorganisation of the Provinces of Bengal, Bihar,
Orissa and Assam. The construction of certain
references in existing laws were altered as a result
by this Act. The administrative needs of this Act
have expired, and it may be repealed. This was also
recommended by the PC Jain Commission in its
Appendix A-5.
41. Wild Birds and Animals Protection Act, Act
8 of 1912
Category: Environmental Law
Recommendation: Repeal
The Act made it an offence to capture, kill or carry
on trade of any bird or animal included in the
Schedule annexed to the Act. The purpose of the
Act is now subsumed by the Wildlife (Protection)
Act, 1972 which ensures the protection of wild
animals, birds and plants with more stringent
penalties.
42. Destructive Insects and Pests Act, Act 2 of
1914.
Category: Agriculture and Animal Husbandry
Recommendation: Repeal with the introduction of
new law
32
The Act was enacted to prevent the introduction
into and the transport from one State to another in
India of any insects, fungus or other pest which
may be destructive to crops. This Act was proposed
to be repealed and replaced by the Agricultural
Biosecurity Bill, 2013, as was the case with the
Live-stock Importation Act, 1898 [Item 35 on this
list]. This law is out of date and should be repealed,
however, new law must be enacted to govern the
subject matter.
43. King of Oudh’s Estate Validation Act, Act
12 of 1917
Category: Land Laws
Recommendation: Repeal with consultation of the
state(s)
The Act was enacted to validate deeds of
conveyance and a trust deed relating to certain
properties belonging to the King of Oudh. Copies of
the said deeds of conveyance and trust deed are
annexed in the Schedule to this Act. The reason for
repeal for the 1887 Act and the 1888 Act (Entries
31 and 32 of this list) applies to this Act as well.
This Act has also been recommended for repeal by
the PC Jain Commission in its Appendix A-5.
44. Police (Incitement to Disaffection) Act, Act
22 of 1922
Category: Criminal Justice
Recommendation: Repeal
This colonial Act introduced as a curb to
nationalist activities made it an offence to spread
disaffection among the police. The Act is loosely
worded and prone to misuse. Also, the Act does not
33
describe what amounts to ‘disaffection’. This law
acts as a significant curb on the freedom of speech,
though it is not an obsolete law given some
documented uses. However, the need for this law
should be re-examined in light of its potential
infringement of Articles 19(1) (a) and (b) of the
Constitution.
34
recommended for repeal by the PC Jain
Commission Report in its Appendix A-5. Given
that more than eighty years have passed since the
suits governed by this Act was filed, this Act may
be repealed with a suitable savings clause that
ensures pending proceedings, if any, are
unaffected by the repeal.
47. Bengal Suppression of Terrorist Outrages
(Supplementary) Act, Act 24 of 1932
Category: Criminal Justice
Recommendation: Repeal
This Act was enacted to supplement the Bengal
Suppression of Terrorist Outrages Act, 1932 (the
chief Act). The Supplementary Act has no relevance
since the chief Act has been repealed. Further, this
Act has been recommended for repeal by the PC
Jain Commission in its Appendix A-5.
48. Children (Pledging of Labour) Act, Act 2 of
1933
Category: Labour Laws
Recommendation: Repeal
The Act was enacted to prohibit the pledging of the
labour of children. However, the purpose of the Act
is defeated by the proviso to the definition of
'agreement' under section 2. While an agreement to
pledge the labour of a child is prohibited, the said
proviso says that ‘an agreement made without
detriment to a child, and not made in consideration
of any benefit other than reasonable wages to be
paid for the child's service’ is not prohibited. This
proviso would amount to approving child labour if
‘reasonable wages’ are paid to the child.
35
Additionally, the fines imposed under the Act are
paltry and hardly serve as a deterrent. The Report
of the Second Indian National Labour Commission,
2002 has recommended repeal of the Act. The
Report points out that provisions relating to
pledging of child labour can be incorporated as part
of the criminal law of the country. The provisions
of this Act are not in sync with the Child Labour
(Prohibition and Regulation) Act, 1986 which is
now in place to determine where, and under what
conditions children can be employed. In addition,
proposed amendments to the Child Labour
(Prohibition and Regulation) Act, 1986, in 2014,
seek to outlaw all forms of child labour. The
provisions of this Act will be in conflict with these
progressive amendments.
49. Assam Criminal Law Amendment
(Supplementary) Act, Act 27 of 1934
Category: Criminal Justice
Recommendation: Repeal
The purpose of this Act was to supplement the
Assam Criminal Law Amendment Act, 1934 (the
chief Act). The chief Act and the Code of Criminal
Procedure, 1898 find mention in this Act. Neither
of these legislations exist any more. Further, the
Code of Criminal Procedure, 1973 has replaced the
Cr.P.C., 1898. Hence, the Supplementary Act is
redundant.
50. Bangalore Marriages Validating Act, Act 16
of 1936
Category: Personal Laws
Recommendation: Repeal
36
The purpose of this Act was to validate certain
marriages solemnised by Mr. Walter James
McDonald Redwood (a certain priest) in Bangalore.
The Act has now served its purpose and hence,
should be repealed. This Act has been
recommended for repeal by the PC Jain
Commission in its Appendix A-1.
51. Berar Laws Act, Act 4 of 1941
Category: State Reorganisation and Extension of
Laws
Recommendation: Repeal
This Act was enacted to extend the application of
certain Central laws to the erstwhile province of
Berar. The object of this Act was to assimilate the
provisions of the Central Acts passed before April
1st, 1937 with those which were passed after that
date. Berar now ceases to exist as an independent
administrative unit, and forms part of the State of
Maharashtra. The 148th Law Commission Report,
1993 considered this Act, and recommend its
repeal for ‘obvious reasons’.
52. Railways (Local Authorities’ Taxation) Act,
Act 25 of 1941
Category: Taxes, Tolls and Cess Laws
Recommendation: Repeal
The Act was enacted to declare the extent to which
railway property shall be liable to taxation imposed
by an authority within a State. However, Section
184 of the Railways Act, 1989 provides for
‘Taxation on Railways by Local Authorities’. Hence,
the purpose of the 1941 Act has been saved by the
1989 Act. After an assessment of both the Acts and
37
by inserting a suitable savings provision, the 1941
Act can be considered for repeal.
53. War Injuries (Compensation Insurance)
Act, Act 23 of 1943
Category: Labour Laws
Recommendation: Repeal
The Act was enacted to impose on employers a
liability to pay compensation to workmen
sustaining war injuries, and to provide for the
insurance of employers against such liability.
There is no evidence of this Act being used in the
last five decades. Further, the provisions of this Act
may be validly covered under the Personal Injuries
Compensation Insurance Act 1963.
54. Junagadh Administration (Property) Act,
Act 26 of 1948
Category: Land Laws
Recommendation: Repeal
This Act was enacted for the vesting of certain
property belonging to the State of Junagadh in an
Administrator appointed by the Central
Government. Junagarh was an erstwhile princely
state in British India. Junagadh is now a district in
Gujarat and is not administered under this law.
Hence, this Act is now obsolete. The PC Jain
Commission (Appendix A-5) has also recommended
repeal of this Act.
55. Continuance of Legal Proceedings Act, Act
38 of 1948
Category: Administration of Justice
38
Recommendation: Repeal
This Act authorises the continuance of certain
proceedings against the then newly-created
Dominion of India or the Provinces which were
pending immediately before August 15, 1947. This
Act has been recommended for repeal by the 96th
Law Commission Report, 1984. While
recommending its repeal, the Report mentions that
the proceedings to which the Act refers must have
by now been disposed of and hence, the law should
be repealed as spent, subject to verification of the
factual position. By way of abundant caution, a
suitable savings clause may be inserted in the
repealing law so that any pending proceedings are
unaffected by the repeal of the Act.
56. Mangrol and Manavadar (Administration of
Property) Act, Act 2 of 1949
Category: Land Laws
Recommendation: Repeal in consultation with
relevant state(s)
This Act was enacted to provide for the vesting of
certain properties belonging to the States of
Mangrol and Manavadar in the Managers of the
said States. Mangrol and Manavadar were both
erstwhile princely states in British India. The
properties vested in the Secretary of State were
those which stood in the name of the Sheikh of
Mangrol or the Khan of Manavadar. Since princely
states do not exist in India now, these territories
are not under the administration of these rulers.
Mangrol and Manavadar are both municipalities in
the district of Junagadh in Gujarat and hence, are
administered by the State Government. This Act is
39
now obsolete. The PC Jain Commission (Appendix
A-5) has also recommended repeal of this Act.
57. Delhi Hotels (Control of Accommodation)
Act, Act 24 of 1949
Category: Laws Relating to Administration of Union
Territories and Delhi
Recommendation: Pending Repeal Bill should be
passed.
This Act grants the Director of Estates the power to
reserve up to one-fourth of the total
accommodation available in certain private hotels
in Delhi for use by government officials. The Act
was brought into force for the purpose of
addressing the issue of accommodation shortage
for government officials in Delhi. However, this
issue is no longer alive as India Tourism
Development Corporation (ITDC) hotels and State
guest houses can be used for making
arrangements for the accommodation of
government officials in transit. In this context, this
can be argued to be unconstitutional, violative of
Article 19(1)(g). Hence, this Act should be repealed.
The Delhi Hotels (Control of Accommodation)
Repeal Bill, 2014 is pending in the Rajya Sabha at
present, and should be passed.
58. Companies (Donations to National Funds)
Act, Act 54 of 1951
Category: Corporate Laws
Recommendation: Repeal
This Act enable companies to make donations to
certain national funds, or any other Central
Government- approved charitable Funds. The
40
159th Law Commission Report recommended that
this Act be repealed after incorporating relevant
changes under the Companies Act, 1956. With the
enactment of Companies Act, 2013, Section 135
(Corporate Social Responsibility) read with
Schedule VII imposes a mandatory duty on
companies to contribute a specified percentage of
their profits for a social and charitable purpose.
Hence, the purpose of this Act has been subsumed
by the 2013 Act. In July, 2014, the Ministry of
Corporate Affairs confirmed that the relevant
provisions of this Act has already been
incorporated in the new Companies Act, 2013. This
Act is therefore redundant.
59. Indian Independence Pakistan Courts
(Pending Proceedings) Act, Act 9 of 1952.
Category: Administration of Justice
Recommendation: Repeal
This Act was enacted to render ineffective certain
decrees and orders which were passed by courts in
Pakistan, and to provide an alternative remedy to
persons who had secured such decrees or orders.
Hence, the Act catered to a temporary situation
that existed subsequent to the partition of India.
This Act was considered but not recommended for
repeal by the 96th Law Commission Report, 1984.
The Report said that even though it may appear
that the need for the Act does not exist anymore, ‘it
is not possible to say with absolute certainty that
no such suit as is governed by the Act can be filed
at the present day.’
However, another thirty years have passed since
the 96th Law Commission Report arrived at this
41
conclusion. Further, the limitation clause in the
Act specifies that no suits may be instituted under
this Act after one year from the date of enactment
or the date of decree, whichever is later. Thus, any
new proceedings are clearly barred by limitation,
and any pending proceedings may be saved by a
suitable savings clause.
60. Chandernagore (Merger) Act, Act 36 of
1954
Category: State Reorganisation and Extension of
Laws
Recommendation: Repeal
The Act was enacted to provide for the merging of
the French territory of Chandernagore into the
State of West Bengal. The merger of territories has
been achieved and the purpose of the Act is
fulfilled. The Act is no longer in use and can be
safely repealed with the condition that any action
previously performed under the Act shall continue
to be valid. This Act has also been recommended
for repeal by the PC Jain Commission in its
Appendix B.
61. Newspaper (Price and Page) Act, Act 45 of
1956
Category: Media, Communications and Publishing
Recommendation: Repeal
This Act was enacted to provide for the regulation
of the prices charged for newspapers in relation to
their pages so as to prevent unfair competition
among newspapers. Section 3 of the Act
empowered the Central Government to make
orders providing for the regulation of the prices
42
charged for newspapers in relation to their
maximum or minimum number of pages, sizes or
areas and for the space to be allotted for
advertisements. Section 3 was struck down in
Sakal Papers Pvt. Ltd. v. Union of India [AIR 1962
SC 305] for violating Article 19(1)(a). Since the
main provision, i.e. Section 3, has been struck
down, fresh orders cannot be issued under the Act.
Consequently, the Act serves no purpose, but
remains on the statute books and should be
repealed.
62. Newspaper (Price and Page) Continuance
Act, Act 36 of 1961
43
legislations defining the age of majority. Moreover,
multiple laws govern this area—The IPC penalises
speech and publications in various forms. The
Protection of Children from Sexual Offences Act,
2012 (POCSO) was enacted inter alia to protect
children from analogous harmful publications.
This Act has also been recommended for repeal by
the PC Jain Commission in its Appendix A-1.
64. Women’s and Children’s Institutions
(Licensing) Act, Act 105 of 1956
Category: Women and Child Development
Recommendation: Repeal with allied amendment of
newer legislation
The Act provides for the licensing of institutions for
women and children. Institution under the Act are
established and maintained for the reception, care,
protection and welfare of women and children. The
Ministry of Women and Child Development had
said in 2012 that the 1956 Act has no value and
stood repealed after the Juvenile Justice (Care and
Protection of Children) Act, 2000 came into force.
This stand taken by the Ministry was also affirmed
by the High Court of Delhi in 2014 in Chhatravas,
Chandra Arya Vidya Mandir v. The Director,
Department of Women and Child Development and
Anr. [MANU/DE/0566/2014]. However, there
should be clarity in this respect and the repeal of
the 1956 Act should be brought about by amending
the existing repeal and savings clause of the 2000
Act (which does not currently mention the 1956
Act).
44
65. Orissa Weights and Measures (Delhi
Repeal) Act, Act 57 of 1958
Category: Consumer Affairs
Recommendation: Repeal
This Act was enacted to repeal the Orissa Weights
and Measures Act, 1943, in its application to the
Union territory of Delhi. This Act provided that as
soon as the Rajasthan Weights and Measures
(Enforcement) Act, 1958 would come in force in the
Union territory of Delhi, the Orissa Act would stand
repealed. Since the purpose of this Act has been
fulfilled, it should be repealed. The Act has been
recommended for repeal by the PC Jain
Commission Report in its Appendix A-5 as well.
66. Travancore-Cochin Vehicles Taxation
(Amendment and Validation) Act, Act 42 of
1959
Category: Taxes, Tolls and Cess Laws
Recommendation: Repeal in consultation with
relevant state(s)
The Act was enacted to amend the Travancore-
Cochin Vehicles Taxation Act, 1950. Its purpose
has been served, and it can now be repealed. The
PC Jain Commission has also recommended repeal
of this Act in its Appendix A-1.
67. Mahendra Pratap Singh Estates (Repeal)
Act, Act 48 of 1960
Category: Land Laws
Recommendation: Repeal
45
This Act was enacted to repeal the Mahendra
Pratap Singh Estates Act, 1923. The 1923 Act
provided for the forfeiture of the estates and other
property of Mahendra Pratap Singh, who was the
ruler of the princely state of Mursan (presently, in
the State of Uttar Pradesh). The Act provided for
granting his estate to his son. The repeal Act has
now served its purpose and the 1923 Act is not in
force any more. Hence, this Act is now redundant.
Any pending proceedings under the original Act will
continue to be saved under Section 6 of the General
Clauses Act. The PC Jain Commission has also
recommended repeal of this Act (Appendix A-5).
68. Land Acquisition (Amendment) Act, Act 31
of 1962
Category: Land Laws
Recommendation: Repeal
The Act amended the Land Acquisition Act, 1894
and validated certain acquisitions under the 1894
Act made before July 20th, 1962. The purpose of
the Act has been fulfilled. Also, the 1894 Act has
been repealed by Section 114(1) of the Right to
Compensation and Transparency in Land
Acquisition, Resettlement and Rehabilitation
(LARR) Act, 2013 and replaced by this new statute.
Hence, this Act is now redundant. It has also been
recommended for repeal by the PC Jain
Commission Report in its Appendix A-1.
69. Land Acquisition (Amendment and
Validation) Act, Act 13 of 1967
Category: Land Laws
Recommendation: Repeal
46
This Act was enacted to amend the Land
Acquisition Act, 1894 and to validate certain
acquisitions. The purpose of this Act has also been
fulfilled. Further, as already mentioned the 1894
Act has been repealed. This Act has also been
recommended for repeal by the PC Jain
Commission Report in its Appendix A-1.
70. Delhi and Ajmer Rent Control (Nasirabad
Cantonment Repeal) Act, Act 49 of 1968
Category: Rent and Tenancy
Recommendation: Repeal
This Act was enacted to repeal the Delhi and Ajmer
Rent Control Act, 1952 in force in the cantonment
of Nasirabad (in the municipal area of Ajmer,
Rajasthan). This Act provided that the Rajasthan
Premises (Control of Rent and Eviction) Act, 1950
would be extended to Nasirabad cantonment, and
the 1952 Act would be repealed. The purpose of
this Act has been served. Additionally, the
Rajasthan Rent Control Act, 2001 has now been
enacted by the State Legislature which has
repealed the Rajasthan Premises (Control of Rent
and Eviction) Act, 1950. The PC Jain Commission
has recommended repeal of this Act in its Appendix
A-1.
71. Parliamentary Proceedings (Protection of
Publication) Repeal Act, Act 28 of 1976
Category: Parliament and State Legislatures
Recommendation: Repeal
This Act was enacted to repeal the Parliamentary
Proceedings (Protection of Publication) Act, 1956.
The 1956 Act has been repealed and hence, the
repealing Act of 1976 has served its purpose. It is
47
now redundant. A newer law on this subject, the
Parliamentary Proceedings (Protection of
Publication) Act, 1977 is now in force.
72. Shipping Development Fund Committee
(Abolition) Act, Act 66 of 1986
Category: Maritime Law; Shipping and Inland
Navigation
Recommendation: Repeal
The purpose of this Act was to abolish the Shipping
Development Fund Committee (‘the Committee’)
and provide for the disposal of its funds, assets and
liabilities. These have been achieved. Thus, there is
nothing further to be done under the Act. Also, this
Act has been recommended for repeal by the PC
Jain Commission in its Appendix A-1 and the
159th Report of the Law Commission, 1998.
Summing-up
4.6 In today’s times when national economies are
increasingly becoming globally ‘interdependent’
and ‘interconnected’, ignoring to recognize the
above symbiotic linkages between law and
economy can prove very costly to the nation. As the
economy gets liberalised and modernised
encompassing phenomenal changes brought in
almost every walk of life the need for laws to keep
pace with changes thus occurring become
fundamental requirement lest there should appear
legal gaps, inconsistencies and contradictions
causing serious impediments to the processes of
‘growth’ and of ‘development’.
4.7 To conclude, it may not be out of place to
remember what one of eminent scholar of
jurisprudence Puchta long ago had to say : “Law
grows with the growth and strengthens with the
48
strength of people........”. We wonder whether ‘law’
in our system is growing and gaining strength or in
many respects, say for example in case of obsolete,
irrelevant and are archaic laws remaining on the
statute books still remain muddled and outmoded.
There is urgent need to ensure that laws and legal
structures keep pace and are reflective and
responsive to growing needs and challenges of the
time. Commission hopes that the suggestions and
recommendations made in the report constitute a
step in that march of law.
[Justice S.N. Kapoor] [Prof. (Dr.) Mool Chand Sharma] [Justice Usha Mehra]
Member Member Member
49
Appendix – I
(refer para of the report)
Laws relating to the establishment and jurisdiction of various courts and their
1 Administration of Justice functioning. Further, it also includes all laws related to judges and legal services. 38
3 Alternative Dispute Resolution Laws that provide for alternative dispute resolution mechanisms. 2
4 Banking and Insurance Laws setting up, regulating, and nationalising banks and insurance corporations. 28
Charitable and Religious Institutions; This category provides for the setting up and regulation of charitable and religious
5 Cooperative Societies institutions as well as various co-operative societies. 21
and Expulsion from, India; and Laws relating to citizenship and determining the majority age in India; Laws relating
6 Cross-border Movement to foreigners, immigration laws and extradition laws. 15
7 Civil Procedure Laws that lay down the procedural aspects of any civil suit. 14
Laws relating to contracts, sale of goods, and partnership. In addition, it includes the
9 Contracts and Torts few laws related to tort. 7
Laws relating to the criminal justice system, including laws related to substantive
11 Criminal Justice offences, laws dealing with criminal procedure, and laws setting up and regulating 62
50
various institutions involved in criminal justice, such as the police, prisons, and
other enforcement bodies.
Laws relating to the armed forces of India, including the army, navy and air forces. It
further includes laws relating to cantonments and those in relation to war or use of
12 Defence of India and Armed Forces force, such as weapons. 34
Laws relating to elections at various levels as well as delimitation for the purposes of
13 Delimitation and Elections elections 11
Laws that govern the educational sector, such as right to education and laws setting
14 Education up of various educational boards. 9
15 Energy Laws Laws relating to petroleum, oil, coal, natural gas, electricity, and nuclear power. 16
16 Environmental Law Laws that provide for the protection of the environment and prevention of pollution. 13
19 Government Employees Laws relating to public servants, including their conditions of service and other 15
related acts.
Laws providing for the general regulation of all industries as well as laws dealing
20 Industries with certain industries such as mines. 17
Institutions of National and Cultural Laws that deal with institutions that have been either declared as institutions of
21 Importance national importance, are monuments or have cultural significance. 18
General laws relating to labour welfare and protection as well as the laws providing
24 Labour Laws for the regulation and safeguard of labour in specific industries. 60
51
Laws relating to land acquisition, land ceiling, land administration laws prior to
25 Land Laws independence, and other land related laws. 42
This category deals exclusively with the imposition, and the mechanism for
imposing, land revenue by the government. Most of these laws are pre-independence
26 Land Revenue era and would now be administered by States. 20
Laws Relating to Administration and Laws relating to setting up of local level bodies, such as municipal corporations and
27 Development of Local Areas district boards. 12
Laws Relating to Administration of Laws relating to the general administration of Union Territories, and to the National
28 Union Territories and Delhi Capital Territory of Delhi 23
Laws that regulates various professions and professionals, such as lawyers, doctors,
29 Legal, Medical and Other Professions chartered accountants, etc. 19
Laws related to various forms of media, including print, newspapers and television. It
Media, Communications and also includes laws regulating different modes of communication and the publishing
31 Publishing of books and newspapers. 17
Laws that enabled and dealt with the nationalisation of various industries and
32 Nationalisation companies, other than banks. 59
Laws related to the organisation of the parliament and various state legislatures.
President, Parliament and State Further, it also includes laws relating to the President, Vice-President, Governors
35 Legislatures and ministers. 21
36 Property Law Laws relating to private property, such as trusts, easements, transfer of property etc. 15
Laws related to disease control, disabilities, and other public health related laws. It
37 Public Health also includes laws that regulate the standards for food, medicines, cosmetics etc. 17
38 Rent and Tenancy Rent control laws as well as laws regulating landlord and tenant relationships. 11
52
This is a residuary category, which includes laws relating to changing of name of a
Residuary Laws relating to State or Union Territory, laws relating to the administration of Union Territories, and
39 Administration other general laws applicable to the administration and legislature. 6
Laws relating to national and state emblems, public records, and statistics collected
42 Symbols, Records and Statistics for different purposes. 9
43 Taxes, Tolls & Cess Laws Laws related to taxes, custom duties, excise, cess etc. 68
Laws relating to inter-state and international trade, including SEZs and import and
export. In addition, it also includes the formation of Boards for the promotion of
45 Trade and Commerce trade of certain cash crops. 21
48 Universities and Technical Laws that establish various universities, scientific and technical institutions. 46
Institutions
This category includes all laws that relate to the welfare and protection of women
49 Woman and Child Development and children, including laws setting up commissions in this regard. 14
Total 1086
53
CENTRAL LAWS ARRANGED ACCORDING TO CATEGORY
Category Category Act.
Value Sl. No. Year No. Name
54
1.18 1950 7 High Courts (Seals) Act
1.22 1954 28 High Court Judges (Salaries and Conditions of Service) Act
1.25 1958 41 Supreme Court Judges (Salaries and Conditions of Service) Act
1.31 1976 57 High Court at Patna (Establishment of a Permanent Bench at Ranchi) Act
1.33 1981 26 High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act
1.37 1992 27 Special Court (Trial of Offences Relating to Transactions in Securities) Act
55
1.38 2009 4 Gram Nyayalayas Act
See Also,
2.5 1983 29 National Oil Seeds and Vegetable Oils Development Board Act
2.7 1992 12 Destructive Insects and Pests (Amendment and Validation) Act
See Also,
56
3 Alternative Dispute
Resolution
See Also,
Civil Procedure:
4.7 1953 54 Reserve Bank of India (Amendment and Miscellaneous Provisions) Act
57
4.14 1970 5 Banking Companies (Acquisition and Transfer of Undertakings) Act
4.20 1981 61 National Bank for Agriculture and Rural Development Act
4.21 1982 62 State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act
4.25 1997 7 Industrial Reconstruction Bank (Transfer of Undertakings and Repeal) Act
4.27 2003 53 Industrial Development Bank (Transfer of Undertaking and Repeal) Act
State Bank of Saurashtra (Repeal) and the State Bank of India (Subsidiary
Banks) Amendment
See Also,
Environmental Law:
58
5 Charitable and Religious
59
5.19 1995 43 Wakf Act
6 Citizenship; Admission
into, Emigration to, and 6.1 1875 9 Majority Act
Expulsion
6.2 1920 34 Passport (Entry into India) Act
from, India; and Cross-
border 6.3 1939 16 Registration of Foreigners Act
60
7.2 1872 1 Indian Evidence Act
Goa, Daman and Diu (Extension of the Code of Civil Procedure and the
7.11 1965 30 Arbitration Act) Act
See Also,
8 Consumer Affairs 8.1 1937 1 Agricultural Produce (Grading and Marking) Act
61
Standards of Weights and Measures (Extension to Kohima and Mokokchung
8.4 1967 25 Districts) Act
10.5 2004 1 Sick Industrial Companies (Special Provisions) Repeal Act, 2003
See Also,
62
11 Criminal Justice 11.1 1854 16 Police, Agra
63
11.22 1925 8 Bengal Criminal Law Amendment (Supplementary) Act
64
11.42 1971 69 Prevention of Insults to National Honour Act
11.45 1976 106 Untouchability (Offences) Amendment and Miscellaneous Provision Act
11.55 1988 46 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act
11.57 1989 33 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act
65
11.62 2012 32 Protection of Children From Sexual Offences Act, 2012
See Also,
Civil Procedure:
Oaths Act
12.9 1947 16 Trading with the Enemy (Continuance of Emergency Provisions) Act
66
12.10 1948 31 National Cadet Corps Act
12.13 1950 40 Army and Air Force (Disposal of Private Property) Act
12.17 1954 31 Shillong (Rifle Range and Umlong) Cantonments Assimilation of Laws Act
67
12.29 1983 34 Armed Forces (Punjab and Chandigarh) Special Powers Act
12.30 1990 21 Armed Forces (Jammu and Kashmir) Special Powers Act
See Also,
Government Employees:
13.6 1965 49 Union Territories (Direct Election to the House of the People) Act
13.7 1968 3 Jammu and Kashmir Representation of the People (Supplementary) Act
68
13.11 2002 33 Delimitation Act
14.6 2005 2 National Commission for Minority Educational Institutions Act, 2004
14.9 2009 35 Right of Childern to Free and Compulsory Education Act, 2009
15.8 1962 50 Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act
15.9 1971 54 Coal Bearing Areas (Acquisition and Development) Amendment and Validation
Act
69
15.10 1974 28 Coal Mines (Conservation and Development) Act
70
See Also,
71
17.17 1963 21 Compulsory Deposit Scheme Act
17.21 1974 52 Conservation of Foreign Exchange and Prevention of Smuggling Activities Act
17.22 1976 13 Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act
17.24 1978 21 Deposit Insurance Corporation (Amendment and Miscellaneous Provisions) Act
17.25 1978 43 Prize Chits and Money Circulation Scheme (Banning) Act
17.28 1983 48 Public Financial Institutions (Obligation as to Fidelity and Secrecy) Act
72
Securitisation and Reconstruction of Financial Assets and Enforcement of
17.35 2002 54 Security Interest Act
17.36 2002 58 Unit Trust of India (Transfer of Undertaking and Repeal) Act
17.45 2013 23 Pension Fund Regulatory and Development Authority Act, 2013
73
18.8 1976 31 Levy Sugar Price Equalisation Fund Act
See Also,
74
Departmental Inquiries (Enforcement of Attendance of Witnesses and
Production of Documents)
19.12 1972 59 Former Secretary of State Service Officers (Conditions of Service) Act
See Also,
Criminal Justice:
75
20.9 1957 67 Mines and Minerals (Development and Regulation) Act
20.15 1999 40 Central Industrial Security Force (Amendment and Validation) Act
20.16 2003 17 Offshore Areas Mineral (Development and Regulation) Act, 2002
20.17 2006 27 Micro, Small and Medium Enterprises Development Act, 2006
See Also,
21 Institutions of National
and Cultural Importance 21.1 1903 10 Victoria Memorial Act
76
21.7 1958 24 Ancient Monuments and Archaeological Sites and Remains Act
77
23 International Relations
23.7 1948 41 Diplomatic and Consular Officers (Oaths and Fees) Act
23.8 1958 42 International Finance Corporation (Status, Immunities and Privileges) Act
Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and
23.13 1973 2 Kashmir) Act
78
23.18 1982 66 Suppression of Unlawful Acts against Safety of Civil Aviation Act
79
24.16 1948 34 Employees' State Insurance Act
24.17 1948 46 Coal Mines Provident Fund and Miscellaneous Provisions Act
80
24.34 1968 23 Public Provident Fund Act
24.36 1970 51 Central Labour Laws (Extension to Jammu and Kashmir) Act
24.38 1972 62 Limestone and Dolomite Mines Labour Welfare Fund Act
Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare
24.42 1976 61 Fund Act
24.47 1981 50 Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act
81
24.52 1993 41 Beedi and Cigar Workers (Conditions of Employment) Amendment Act
24.55 1997 31 Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act
24.58 2007 23 National Rural Employment Guarantee (Extension to Jammu And Kashmir)
Act
See Also,
Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines
82
Prohibition of Employment as Manual Scavengers and Their
Rehabilitation Act, 2013
83
25.14 1883 19 Land Improvement Loans Act
25.30 1954 23 State Acquisition of Lands for Union Purposes (Validation) Act
84
25.33 1960 33 Manipur Land Revenue and Land Reforms Act
25.37 1969 42 Bihar Land Reforms Laws (Regulating Mines and Minerals) Validation Act
26 Land Revenue 26.1 1839 7 Madras Rent and Revenue Sales Act
85
26.10 1851 12 Madras City Land Revenue Act
86
27.11 1994 43 Manipur Municipalities Act
27.12 1996 40 Provisions of the Panchayats (Extension to the Scheduled Areas) Act
28.8 1969 19 Union Territories (Separation of Judicial and Executive Functions) Act
28.9 1973 17 Capital of Punjab Development and Regulation (Chandigarh Amendment) Act
28.13 1994 27 Punjab Gram Panchayat, Samities and Zilla Parishad (Chandigarh Repeal) Act
28.16 1999 6 Delhi Development Authority (Validation of Disciplinary Powers) Act, 1998
87
28.18 2006 44 Pondicherry (Alteration of Name) Act
28.19 2007 43 National Capital Territory of Delhi Laws (Special Provisions) Act
28.20 2009 24 National Capital Territory of Delhi Laws (Special Provisions) Act
28.21 2009 40 National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009
28.22 2011 5 National Capital Territory of Delhi Laws (Special Provisions) Act, 2011
28.23 2011 20 National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011
88
29.13 1970 48 Indian Medicine Central Council Act
89
30.13 1966 4 Seamen's Provident Fund Act
30.17 1981 42 Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act
30.22 1988 40 National Waterway (Sadiya-Dhubri Stretch of the Brahmaputra River) Act
See Also,
90
31 Media, Communications National Waterway (Kakinada-Puducherry Stretch of Canals and the Kaluvelly
and Publishing Tank,
31.17 2007 11 Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharti) Act
91
32 Nationalisation 32.1 1971 63 Jayanti Shipping Company (Acquisition of Shares) Act
32.7 1972 78 Richardson and Cruddas Limited (Acquisition and Transfer of Undertakings)
Act
32.14 1976 22 Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act
32.15 1976 89 Indian Iron and Steel Company (Acquisition of Shares) Act
32.17 1976 97 Burn Company and Indian Standard Wagon Company (Nationalisation) Act
32.18 1976 98 Laxmirattan and Atherton West Cotton Mills (Taking Over of Management)
Act
92
32.19 1976 100 Metal Corporation (Nationalisation and Miscellaneous Provisions) Act
Caltex [Acquisition of Shares of Caltex Oil Refining (India) Limited and of the
32.20 1977 17 Undertakings in India of Caltex (India) Limited] Act
32.23 1978 13 Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act
32.25 1978 42 Bolani Ores Limited (Acquisition of Shares) and Miscellaneous Provisions Act
32.33 1980 70 Hind Cycles Limited and Sen-Raleigh Limited (Nationalisation) Act
93
32.34 1981 29 British India Corporation Limited (Acquisition of Shares) Act
32.35 1981 31 Dalmia Dadri Cement Limited (Acquisition and Transfer of Undertakings) Act
Burmah Oil Company [Acquisition of Shares of Oil India Limited and of the
Undertakings in
India of Assam Oil Company Limited and the Burmah Oil Company (India
Trading) Limited]
Chaparmukh Silghat Railway Line and the Katakhal Lalabazar Railway Line
(Nationalisation)
32.38 1982 50 Amritsar Oil Works (Acquisition and Transfer of Undertakings) Act
32.39 1982 71 Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings)
Act
32.42 1984 16 Ganesh Flour Mills Company Limited (Acquisition and Transfer of
Undertakings) Act
94
Hooghly Docking and Engineering Company Limited (Acquisition and
32.46 1984 55 Transfer of Undertakings) Act
32.47 1984 57 Bengal Immunity Company Limited (Acquisition and Transfer of Undertakings)
Act
32.48 1985 37 Tea Companies (Acquisition and Transfer of Sick Tea Units) Act
32.51 1987 36 Brentford Electric (India) Limited (Acquisition and Transfer of Undertakings)
Act
32.52 1993 23 Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act
32.54 1993 65 Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act
Parel Investments and Trading Private Limited and Domestic Gas Private
32.59 2005 14 Limited (Taking over of Management) Repeal Act
95
33 Ombudsman and 33.1 1971 56 Comptroller and Auditor General's (Duties, Powers and Conditions of Service)
Monitoring Act
34.13 1935 13 Jubbalpore and Chhattisgarh Divisions (Divorce Proceedings Validation) Act
96
34.17 1937 26 Muslim Personal Law (Shariat) Application Act
See Also,
97
35.3 1953 20 Salaries and Allowances of Officers of Parliament Act
98
35.21 2010 16 Tamil Nadu Legislative Council Act, 2010
99
37.4 1914 2 Destructive Insects and Pests Act
37.16 2009 27 Prevention and Control of Infectious and Contagious Diseases in Animals Act
See Also,
Criminal Justice:
100
38 Rent and Tenancy 38.1 1859 10 Bengal Rent Act
38.8 1968 49 Delhi and Ajmer Rent Control (Nasirabad Cantonment Repeal) Act
38.9 1971 68 Uttar Pradesh Cantonments (Control of Rent and Eviction) Repeal Act
See Also,
101
39.6 1903 1 Amending Act
40.3 1956 63 Scheduled Castes and Scheduled Tribes Orders (Amendment) Act
National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
40.10 1999 44 Retardation and Multiple Disabilities Act
40.13 2007 56 Maintenance and Welfare of Parents and Senior Citizens Act
102
See Also,
Criminal Justice:
Financial Laws:
41.11 1912 7 Bengal, Bihar and Orissa and Assam Laws Act
103
41.15 1949 20 West Godavari District (Assimilation of Laws on Federal Subjects) Act
104
41.35 1959 56 Andhra Pradesh and Madras (Alteration of Boundaries) Act
105
41.55 2000 30 Bihar Reorganisation Act
43 Taxes, Tolls & Cess Laws 43.1 1851 8 Indian Tolls Act
106
43.7 1888 8 Indian Tolls Act
107
43.26 1960 38 Central Excises (Conversion to Metric Units) Act
43.27 1960 40 Customs Duties and Cesses (Conversion to Metric Units) Act
43.33 1962 55 Manipur (Sales of Motor Spirit and Lubricants) Taxation Act
43.37 1964 11 Taxation Laws (Continuation and Validation of Recovery Proceedings) Act
43.39 1971 20 Bengal Finance (Sales Tax) (Delhi Validation of Appointments and
Proceedings) Act
108
43.44 1975 51 Customs Tariff Act
Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour
43.45 1976 55 Welfare Cess Act
43.49 1978 40 Additional Duties of Excise (Textiles and Textile Articles) Act
43.58 1987 4 Cotton Copra and Vegetable Oils Cess (Abolition) Act
43.61 1996 28 Building and Other Construction Workers' Welfare Cess Act
109
43.63 2002 36 Foreign Aircraft (Exemption from Taxes and Duties on Fuel and Lubricants)
Act
43.67 2006 30 Union Duties of Excise (Electricity) Distribution Repeal Act, 2006
See Also,
Financial Laws:
44.5 1987 10 Jute Packaging Materials (Compulsory Use in Packing Commodities) Act
See Also,
110
Jute Manufactures Cess Act
45 Trade and Commerce 45.1 1838 5 Bengal Bonded Warehouse Association Act
45.15 1986 2 Agricultural and Processed Food Products Export Development Authority Act,
1985
111
45.18 1992 22 Foreign Trade (Development and Regulation) Act
45.21 2006 32 Spirituous Preparations (Inter-State Trade and Commerce) Control (Repeal) Act
See Also,
46 Transportation and
Infrastructure 46.1 1855 32 Bengal Embankment Act
112
46.12 1956 48 National Highways Act
46.19 1985 10 Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions
Act
46.28 2003 13 Control of National Highways (Land and Traffic) Act, 2002
See Also,
Criminal Justice:
113
Railway Protection Force Act,
47.5 1993 51 Recovery of Debts Due to Banks and Financial Institutions Act
48.7 1966 51 Post-Graduate Institute of Medical Education and Research, Chandigarh, Act
114
48.11 1974 39 University of Hyderabad Act
48.13 1980 52 Sree Chitra Tirunal Institute for Medical Sciences and Technology,
Trivandrum, Act
115
48.29 2007 7 English and Foreign Languages University Act
48.42 2012 35 Rajiv Gandhi National Institutes of Youth Development Act, 2012
48.43 2012 38 National Institute of Mental Health and Neuro-Sciences, Bangalore Act, 2012
48.44 2013 26 The Rajiv Gandhi National Aviation University Act, 2013
48.45 2014 10 Rani Lakshmi Bai Central Agricultural University Act, 2014
116
49 Woman and Child
Development 49.1 1890 8 Guardians and Wards Act
49.5 1960 10 Orphanages and Other Charitable Homes (Supervision and Control) Act
See Also
Public Health:
117
Labour:
118
Appendix – II
(refer para of the report)
119
11. The Indian Law Reports Act, 1875 PC Jain Commission Legislative
Report (Appendix A-1) Department, Ministry
and 96th LCI Report of Law and Justice
13. The Oriental Gas Company (Act 5 of PC Jain Commission Ministry of Petroleum
1857) Report (Appendix A-1) and Natural Gas
and 96th LCI Report
14. The Oriental Gas Company, 1867 PC Jain Commission Ministry of Petroleum
Report (Appendix A-1) and Natural Gas
and 96th LCI Report
21. The Coasting Vessels Act, 1838 PC Jain Commission Ministry of Shipping
Report (Appendix A-1)
23. The Excise (Malt Liquors) Act, 1890 PC Jain Commission Department of
Report (Appendix A-1) Revenue, Ministry of
Finance
24. The Indian Bar Councils Act, 1926 PC Jain Commission Department of Legal
Report (Appendix A-1) Affairs, Ministry of
Law and Justice
120
25. The Indian Short Titles Act, 1897 PC Jain Commission Legislative
Report (Appendix A-1) Department, Ministry
of Law and Justice
28. The Land Acquisition (Amendment and PC Jain Commission Department of Land
Validation) Act, 1967 Report (Appendix A-1) Resources, Ministry of
Rural Development
29. The Laws Local Extent Act, 1874 PC Jain Commission Department of States,
Report (Appendix A-1) Ministry of Home
Affairs
30. The Legal Practitioner’s Act, 1879 PC Jain Commission Department of Legal
Report (Appendix A-1) Affairs, Ministry of
Law and Justice
33. The Rent Recovery Act, 1853 PC Jain Commission Department of Land
Report (Appendix A-1) Resources, Ministry of
Rural Development
37. The Foreign Recruitment Act, 1874 PC Jain Commission Ministry of External
Report (Appendix A-1) Affairs
38. The Indian Railway Board Act, 1905 PC Jain Commission Ministry of Railways
Report (Appendix A-1)
39. The Trading with the Enemy PC Jain Commission Department of Internal
(Continuance of Emergency Provisions) Report (Appendix A-1) Security, Ministry of
Act, 1947 Home Affairs
121
40. The Pondicherry (Extension Of Laws) PC Jain Commission Department of States,
Act, 1968 Report (Appendix A-1) Ministry of Home
Affairs
41. The Central Laws (Extension to Jammu PC Jain Commission Department of Jammu
and Kashmir) Act, 1968 Report (Appendix A-1) and Kashmir, Ministry
of Home Affairs
42. The Central Labour Laws (Extension to PC Jain Commission Department of Jammu
Jammu and Kashmir) Act, 1970 Report (Appendix A-1) and Kashmir, Ministry
of Home Affairs
44. The Diplomatic and Consular Officers PC Jain Commission Ministry of External
(Oaths and Fees) (Extension to Jammu Report (Appendix A-1) Affairs
and Kashmir) Act, 1973
45. The Goa, Daman and Diu (Extension of PC Jain Commission Department of States,
the Code of Civil Procedure and the Report (Appendix A-1) Ministry of Home
Arbitration) Act, 1965 Affairs
50. The Scheduled Areas Act, 1953 PC Jain Commission Ministry of Tribal
Report (Appendix A-1) Affairs
51. The Shillong (Rifle Range Umlong) PC Jain Commission Department of States,
Cantonments Assimilation of Laws Act, Report (Appendix A-1) Ministry of Home
1954 Affairs
53. The Union Territories (Laws) Act, 1950 PC Jain Commission Department of States,
Report (Appendix A-1) Ministry of Home
Affairs
54. The Absorbed Areas (Laws) Act, 1954 PC Jain Commission Department of States,
Report (Appendix A-1) Ministry of Home
Affairs
122
55. The Central Provinces (Laws) Act, PC Jain Commission Department of States,
1875 Report (Appendix A-1) Ministry of Home
Affairs
57. The Jammu and Kashmir (Extension of PC Jain Commission Department of Jammu
Laws) Act, 1956 Report (Appendix A-1) and Kashmir, Ministry
of Home Affairs
61. The Merged States (Laws) Act, 1949 PC Jain Commission Department of States,
Report (Appendix A-1) Ministry of Home
Affairs
64. The Epidemic Diseases Act, 1897 PC Jain Commission Department of Health
Report (Appendix A-1) Research, Ministry of
Health and Family
Welfare
66. The Delhi And Ajmer Rent Control PC Jain Commission Ministry of Urban
(Nasirabad Cantonment Repeal) Act, Report (Appendix A-1) Development
1968
67. The Coking Coal Mines (Taking Over PC Jain Commission Ministry of Coal
of Management) Act, 1973 Report (Appendix A-1)
123
69. The Laxmi Ratan and Atherton West PC Jain Commission Ministry of Textiles
Cotton Mills (Taking over of Report (Appendix A-1)
Management) Act, 1976
70. The Sick Textile Undertakings (Taking PC Jain Commission Ministry of Textiles
Over of Management) Act, 1972 Report (Appendix A-1)
73. The Bar Councils (Validation of State PC Jain Commission Department of Legal
Laws) Act, 1956 Report (Appendix A-1) Affairs, Ministry of
Law and Justice
74. The Bengal Finance (Sales Tax) Delhi PC Jain Commission Department of
Validation of Appointments and Report (Appendix A-1) Revenue, Ministry of
Proceedings Act, 1971 Finance
75. The Decrees and Orders Validating PC Jain Commission Department of Legal
Act, 1936 Report (Appendix A-1) Affairs, Ministry of
Law and Justice
124
83. The Part B State Marriages Validating PC Jain Commission Legislative
Act, 1952 Report (Appendix A-1) Department, Ministry
of Law and Justice
88. Colonial Courts of Admiralty Act, 1890 PC Jain Commission Ministry of Shipping
Report (Appendix A-3)
125
97. Termination of War (Definition) PC Jain Commission Department of
Ordinance, 1946 Report (Appendix A-4) Defence, Ministry of
Defence
100. The Agriculturist Loans Act, 1884 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
101. The Ajmer Tenancy and Land Records PC Jain Commission Department of Land
Act, 1950 Report (Appendix A-5) Resources, Ministry of
Rural Development
103. The Bengal, Agra and Assam Civil PC Jain Commission Department of Justice,
Courts Act, 1887 Report (Appendix A-5) Ministry of Law and
Justice
104. The Bengal Alluvion and Diluvion Act, PC Jain Commission Department of Land
1847 Report (Appendix A-5) Resources, Ministry of
Rural Development
105. The Bengal, Bihar and Orissa and PC Jain Commission Department of States,
Assam Laws Act, 1912 Report (Appendix A-5) Ministry of Home
Affairs
108. The Bengal Choukidari Act, 1856 PC Jain Commission Department of States,
Report (Appendix A-5) Ministry of Home
Affairs
109. The Bengal Districts Act, 1836 PC Jain Commission Department of States,
Report (Appendix A-5) Ministry of Home
Affairs
110. The Bengal Embankment Act, 1855 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
111. The Bengal Ghatwali Laws Act, 1859 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
126
112. The Bengal Indigo Contract Act, 1836 PC Jain Commission Department of States,
Report (Appendix A-5) Ministry of Home
Affairs
113. The Bengal Land Holder's Attendance PC Jain Commission Department of Land
Act, 1848 Report (Appendix A-5) Resources, Ministry of
Rural Development
114. The Bengal Land Revenue Sales Act, PC Jain Commission Department of Land
1841 Report (Appendix A-5) Resources, Ministry of
Rural Development
115. The Bengal Land Revenue Sales Act, PC Jain Commission Department of Land
1859 Report (Appendix A-5) Resources, Ministry of
Rural Development
116. The Bengal Military Police Act, 1892 PC Jain Commission Department of Internal
Report (Appendix A-5) Security, Ministry of
Home Affairs
117. The Bengal Rent Act, 1859 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
119. The Bengal Tenancy Act, 1885 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Land Resources
120. The Bihar Land Reforms Laws PC Jain Commission Department of Land
(Regulating Mines and Minerals) Report (Appendix A-5) Resources, Ministry of
Validation Act, 1969 Land Resources
121. The Births, Deaths and Marriages PC Jain Commission Department of Home,
Registration Act, 1886 Report (Appendix A-5) Ministry of Home
Affairs
122. The Bombay Civil Courts Act, 1869 PC Jain Commission Department of Justice,
Report (Appendix A-5) Ministry of Law and
Justice
124. The Bombay Rent-Free Estates Act, PC Jain Commission Department of Land
1852 Report (Appendix A-5) Resources, Ministry of
Rural Development
125. The Bombay Revenue Jurisdiction Act, PC Jain Commission Department of Justice,
1876 Report (Appendix A-5) Ministry of Law and
Justice
127
126. The Boundary-marks, Bombay, 1846 PC Jain Commission Department of States,
Report (Appendix A-5) Ministry of Home
Affairs
127. The Broach and Kaira Incumbered PC Jain Commission Department of Land
Estates Act, 1877 Report (Appendix A-5) Resources, Ministry of
Rural Development
128. The Calcutta Land Revenue Act, 1850 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
129. The Calcutta Land Revenue Act, 1856 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
132. The Central Provinces Land Revenue PC Jain Commission Department of Land
Act, 1881 Report (Appendix A-5) Resources, Ministry of
Rural Development
133. The Central Provinces Tenancy Act, PC Jain Commission Department of Land
1898 Report (Appendix A-5) Resources, Ministry of
Rural Development
134. The Chota Nagpur Encumbered Estates PC Jain Commission Department of Land
Act, 1876 Report (Appendix A-5) Resources, Ministry of
Rural Development
137. The Dekkhan Agriculturists Relief Act, PC Jain Commission Department of Land
1879 Report (Appendix A-5) Resources, Ministry of
Rural Development
138. The Disturbed Areas (Special Courts), PC Jain Commission Department of Internal
Act, 1976 Report (Appendix A-5) Security, Ministry of
Home Affairs
128
140. The Fort William Act, 1881 PC Jain Commission Department of Justice,
Report (Appendix A-5) Ministry of Law and
Justice
141. The Goa, Daman and Diu (Absorbed PC Jain Commission Department of States,
Employees) Act, 1956 Report (Appendix A-5) Ministry of Home
Affairs
144. The Hackney Carriage Act, 1879 PC Jain Commission Ministry of Urban
Report (Appendix A-5) Development
145. The Howrah Offences Act, 1857 PC Jain Commission Department of Justice,
Report (Appendix A-5) Ministry of Law and
Justice
146. The Improvement in Towns Act, 1850 PC Jain Commission Ministry of Urban
Report (Appendix A-5) Development
147. The Indian Tramways Act, 1886 PC Jain Commission Ministry of Urban
Report (Appendix A-5) Development
148. The Indian Tramways Act, 1902 PC Jain Commission Ministry of Urban
Report (Appendix A-5) Development
152. The Madras, Bengal and Bombay PC Jain Commission Ministry of Women
Children (Supplementary) Act, 1925 Report (Appendix A-5) and Child
Development
153. The Madras City Civil Court Act, 1892 PC Jain Commission Department of Justice,
Report (Appendix A-5) Ministry of Law and
Justice
129
154. The Madras City Land Revenue Act, PC Jain Commission Department of Land
1851 Report (Appendix A-5) Resources, Ministry of
Rural Development
155. The Madras Civil Courts Act, 1872 PC Jain Commission Department of Justice,
Report (Appendix A-5) Ministry of Law and
Justice
156. The Madras Compulsory Labour Act, PC Jain Commission Ministry of Labour
1858 Report (Appendix A-5) and Employment
157. The Madras District Police Act, 1859 PC Jain Commission Department of Internal
Report (Appendix A-5) Security, Ministry of
Home Affairs
160. The Madras Rent and Revenue Sales PC Jain Commission Department of Land
Act, 1839 Report (Appendix A-5) Resources, Ministry of
Rural Development
161. The Madras Revenue Commission Act, PC Jain Commission Department of Land
1849 Report (Appendix A-5) Resources, Ministry of
Rural Development
174. The Public Gambling Act, 1867 PC Jain Commission Ministry of Home
Report (Appendix A-5) Affairs
175. The Public Suits Validation Act, 1932 PC Jain Commission Department of Justice,
Report (Appendix A-5) Ministry of Law and
and 96th LCI Report Justice
177. The Punjab District Boards Act, 1883 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
179. The Sales of Land for Revenue Arrears, PC Jain Commission Department of Land
1845 Report (Appendix A-5) Resources, Ministry of
Rural Development
131
181. The Scheduled Securities (Hyderabad) PC Jain Commission Department of
Act, 1949 Report (Appendix A-5) Economic Affairs,
Ministry of Finance
184. Sir Dinshaw Maneekjee Petit Act, 1893 PC Jain Commission Legislative
Report (Appendix A-5) Department, Ministry
of Law and Justice
186 The Sonthal Paraganas Act, 1855 PC Jain Commission Department of Justice,
Report (Appendix A-5) Ministry of Law and
Justice
187. The Sonthal Paraganas Act, 1857 PC Jain Commission Department of Justice,
Report (Appendix A-5) Ministry of Law and
Justice
188. The Stage Carriages Act, 1861 PC Jain Commission Ministry of Urban
Report (Appendix A-5) Development
190. The Usurious Loans Act, 1918 PC Jain Commission Department of Justice,
Report (Appendix A-5) Ministry of Law and
Justice
191. The Usury Laws Repeal Act, 1855 PC Jain Commission Legislative
Report (Appendix A-5) Department, Ministry
of Law and Justice
192. The Waste Lands (Claims) Act, 1863 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
193. The Bikrama Singh's Estates Act, 1883 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
194. The King of Oudh's Estate Act, 1887 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
132
195. The King of Oudh's Estate Act, 1888 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
196. The King of Oudh's Estate Validation PC Jain Commission Department of Land
Act, 1917 Report (Appendix A-5) Resources, Ministry of
Rural Development
197. The Mahendra Pratap Singh Estate PC Jain Commission Department of Land
(Repeal) Act, 1960 Report (Appendix A-5) Resources, Ministry of
Rural Development
198. The Mirzapur Stone Mahal Act, 1886 PC Jain Commission Ministry of Mines
Report (Appendix A-5)
199. The Punjab Disturbed Areas Act, 1983 PC Jain Commission Department of Internal
Report (Appendix A-5) Security, Ministry of
Home Affairs
200. The Punjab Gram Panchayat Samithi PC Jain Commission Ministry of Panchayati
and Zilla Parishad (Chandigarh) Repeal Report (Appendix A-5) Raj
Act, 1994
201. The Punjab Land Revenue Act, 1887 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
202. The Punjab Laws Act, 1872 PC Jain Commission Department of States,
Report (Appendix A-5) Ministry of Home
Affairs
203. The Punjab Tenancy Act, 1887 PC Jain Commission Department of Land
Report (Appendix A-5) Resources, Ministry of
Rural Development
204. The Government Buildings Act, 1899 PC Jain Commission Ministry of Urban
Report (Appendix A-5) Development
205. The Acquired Territories (Merger) Act, PC Jain Commission Department of States,
1954 Report (Appendix B) Ministry of Home
Affairs
133
210. PC Jain Commission Department of States,
The Assam Reorganisation Report (Appendix B) Ministry of Home
(Meghalaya) Act, 1969 (55 of 1969). Affairs
134
224. PC Jain Commission Department of States,
The North-Eastern Areas
Report (Appendix B) Ministry of Home
(Reorganisation) Act, 1971
Affairs
225. The Part B States (Laws) Act, 1951 PC Jain Commission Department of States,
Report (Appendix B) Ministry of Home
Affairs
226. The Pondicherry (Extension) Act, 1962 PC Jain Commission Department of States,
Report (Appendix B) Ministry of Home
Affairs
227. The Punjab Reorganisation Act, 1966 PC Jain Commission Department of States,
Report (Appendix B) Ministry of Home
Affairs
228. The Rajasthan and Madhya Pradesh PC Jain Commission Department of States,
(Transfer of Territories) Act, 1959 Report (Appendix B) Ministry of Home
Affairs
229. The State of Arunachal Pradesh Act, PC Jain Commission Department of States,
1986 Report (Appendix B) Ministry of Home
Affairs
230. The State of Himachal Pradesh Act, PC Jain Commission Department of States,
1970 Report (Appendix B) Ministry of Home
Affairs
231. The State of Mizoram Act, 1986 PC Jain Commission Department of States,
Report (Appendix B) Ministry of Home
Affairs
232. The State of Nagaland Act, 1962 PC Jain Commission Department of States,
Report (Appendix B) Ministry of Home
Affairs
233. The States Reorganisation Act, 1956 PC Jain Commission Department of States,
Report (Appendix B) Ministry of Home
Affairs
234. The Calcutta High Court (Extension of PC Jain Commission Department of Justice,
Jurisdiction) Act, 1953 Report (Appendix C) Ministry of Law and
Justice
235. The Calcutta High Court (Jurisdiction PC Jain Commission Department of Justice,
Limits) Act, 1919 Report (Appendix C) Ministry of Law and
Justice
236. The High Court of Bombay (Extension PC Jain Commission Department of Justice,
to Goa, Daman and Diu) Act, 1981 Report (Appendix C) Ministry of Law and
Justice
237. The High Court at Patna (Establishment PC Jain Commission Department of Justice,
of a Permanent Bench at Ranchi) Act, Report (Appendix C) Ministry of Law and
1976 Justice
135
238. The High Courts (Seals) Act, 1950 PC Jain Commission Department of Justice,
Report (Appendix C) Ministry of Law and
Justice
136
250. The Converts’ Marriage Dissolution PC Jain Commission Legislative
Act, 1866 Report (Appendix D) Department, Ministry
of Law and Justice
251. The Exchange of Prisoners Act, 1948 96th LCI Report Department of Internal
Security, Ministry of
Home Affairs
252. The Transfer of Evacuee Deposits Act, 96th LCI Report Department of Internal
1954 Security, Ministry of
Home Affairs
137
Appendix – III
(refer para of the report)
Repealed Laws that are listed in the Law Ministry Chronological List of Central Acts
Sl. No. Year Act. No. Name Repealing Provision
Repealed by Schedule III to Section 219 of the Indian
1. 1857 19 Joint Stock Companies Act
Companies Act, 1866
Repealed by Section 22(1) of the Carriage by Road Act,
2. 1865 3 Carriers Act
2007
3. 1889 1 Metal Tokens Act Repealed by Section 27(a) of the Coinage Act, 2011
6. 1906 3 Coinage Act Repealed by Section 27(b) of the Coinage Act, 2011
9. 1918 22 Bronze Coin (Legal Tender) Act Repealed by Section 27(c) of the Coinage Act, 2011
138
Repealed by Section 35(1) of Government Securities Act,
11. 1920 10 Indian Securities Act
2006
13. 1924 2 Cantonments Act Repealed by Section 360(1) of the Cantonments Act, 2006
16. 1941 5 Assam Rifles Act Repealed by Section 168(1) of the Assam Rifles Act, 2006
20. 1956 1 Companies Act Repealed by Section 465(1) of the Companies Act, 2013
23. 1971 52 Small Coins (Offences) Act Repealed by Section 27(e) of the Coinage Act, 2011
139
Repealed by Section 141 of the Delhi Co-operative
24. 1972 35 Delhi Co-operative Societies Act
Societies Act, 2003
Urban Land (Ceiling and Regulation) Repealed by Section 2 of the Urban Land Ceiling and
25. 1976 33
Act Regulation Repeal Act, 1999
Delhi Agricultural Produce Marketing Repealed by Section 124(1) of the Delhi Agricultural
26. 1976 87
(Regulation) Act Produce Marketing (Regulation) Act, 1998.
Standards of Weights and Measures Repealed by Section 57(1) of the Legal Metrology Act,
27. 1976 60
Act 2009
Punjab State Legislature (Delegation Repealed by the First Schedule to Section 2 of the
29. 1984 36
of Powers) Act Repealing and Amending Act, 1988
Standards of Weights and Measures Repealed by Section 57(1) of the Legal Metrology Act,
30. 1985 54
(Enforcement) Act 2009
Delhi Fire Prevention and Fire Safety Repealed by Section 65(b) of the Delhi Fire Safety Act,
31. 1986 56
Act 2007
National Environment Appellate Repealed by Section 38(1) of the National Green Tribunal
33. 1997 22
Authority Act Act, 2010
140
Appendix – IV
(refer para of the report)
List of Laws Passed by Parliament that are not listed on the Law Ministry’s Chronological List of Central Acts
Sl.
Year Act. No. Short Title
No.
141
Appendix – V
(refer para of the report)
2. Laws Relating to
Administration and
Bengal Districts Act 1836 21 Development of Local Areas
4. Bengal Bonded
Warehouse Association
Act 1838 5 Trade and Commerce
9. Revenue Commissioners,
Bombay 1842 17 Land Revenue
142
16. Public Accountants'
Defaults Act 1850 12 Government Employees
23. Indian Tolls Act 1851 8 Taxes, Tolls and Cess Laws
143
38. Tobacco Duty (Town of
Bombay) Act 1857 4 Taxes, Tolls and Cess Laws
51. Excise (Spirits) Act 1863 16 Taxes, Tolls and Cess Laws
54. Indian Tolls Act 1864 15 Taxes, Tolls and Cess Laws
57. Ganges Tolls Act 1867 1 Taxes, Tolls and Cess Laws
144
64. Oudh Taluqdars' Relief
Act 1870 24 Land Laws
145
85. Indian Treasure-trove Act 1878 6 Property Law
89. Municipal Taxation Act 1881 11 Taxes, Tolls and Cess Laws
146
108. Indian Tolls Act 1888 8 Taxes, Tolls and Cess Laws
112. Excise (Malt Liquors) Act 1890 13 Taxes, Tolls and Cess Laws
147
131. Central Provinces Court of
Wards Act 1899 24 Property Law
148
150. Indian Medical Degrees Legal, Medical and Other
Act 1916 7 Professions
149
168. Hindu Gains of Learning
Act 1930 30 Personal Laws
150
Expulsion from, India; and
Cross-border Movement
151
204. Union Territories (Laws) State Reorganisation and
Act 1950 30 Extension of Laws
152
222. Young Persons (Harmful Media, Communications and
Publications) Act 1956 93 Publishing
227. Travancore-Cochin
Vehicles Taxation
(Amendment and
Validation) Act 1959 42 Taxes, Tolls and Cess Laws
153
239. Delhi and Ajmer Rent
Control (Nasirabad
Cantonment Repeal) Act 1968 49 Rent and Tenancy
154
254. Unit Trust of India
(Transfer of Undertaking
and Repeal) Act 2002 58 Financial Laws
155