Report No. 96

Chapter 5

Conclusion and Summary of Recommendations

5.1. Acts to be examined and gist of action suggested to be taken on each Act.-

On the basis of the discussion contained in the preceding Chapters, repeal of the Acts that we have identified as suitable for repeal appears to be desirable,1 subject of course, to verification of certain aspects which have been mentioned in the discussion relating to each Act, wherever applicable. For convenience, we give below a list of the Acts examined, and the gist of our recommendation on each Act. List of Acts2 examined and gist of proposal made with reference to each Act3-

1. The Abolition of Privy Council Act, 1949 (Constituent Assembly Act 5 of 1949). Repeal of the Act is recommended, provided if it could be ensured that its repeal does not create any legal complications (such as revival of the jurisdiction conferred on the Privy Council by any Act of the U.K. Parliament etc.).

2. Continuance of Legal Proceedings Act, 1948 (38 of 1948). Repeal of the Act is recommended subject to verification of the factual position.

3. Exchange of Prisoners Act, 1948 (58 of 1948). Repeal of the Act is recommended, subject to examination of the question whether the Act is needed at the present day.

4. Federal Court Act, 1937 (25 of 1937). Repeal of the Act is recommended.

5. Federal Court (Enlargement of Appellate Jurisdiction) Act, 1947 (1 of 1948). Repeal of the Act is recommended.

6. Goa, Daman and Diu (Opinion Poll) Act, 1966 (38 of 1966). Repeal of the Act is recommended.

7. General Insurance (Emergency Provisions) Act, 1971 (17 of 1971). Repeal of the Act is recommended, subject to verification of the position as to whether there is continued need for the Act.

8. Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 (9 of 1952). Repeal of the Act is not recommended.

9. Indian Law Reports Act, 1875 (18 of 1875). Repeal of the Act is recommended.

10. Indian Rifles Act, 1920 (23 of 1920). Repeal of the Act is recommended.

11. Industrial Disputes (Banking Companies) Decision Act, 1955 (41 of 1955). Repeal of the Act is not recommended.

12. Kazis Act, 1880 (12 of 1880). Repeal of the Act is not recommended.

13. Life Insurance (Emergency Provisions) Act, 1956 (9 of 1956). Repeal of the Act is recommended subject to verification of the position as to whether there is continued need for the Act.

14. Oriental Gas Company Act, 1857 (5 of 1857). Government may consider of this Act, and the analogous later Act of 1867 relating to the same company (see below), are needed now. After verification of the factual position, further action may be taken.

15. Oriental Gas Company Act, 1867 (11 of 1867). See above under "Oriental Gas Company Act, 1857."

16. Payment of Taxes (Transfer of Property) Act, 1949 (22 of 1949). Government may consider whether the Act is needed at the present day.

17. Professions Tax Limitation (Amendment and Validation) Act, 1949 (61 of 1949). The Act may continue on the statute book, having regard to the legislative practice adopted in the past, as regard validating Acts. (In the past validating Acts have been allowed to continue on the statute book).

18. Public Employment (Requirement as to Residence) Act, 1957 (44 of 1957). The Act may continue on the statute book, as its repeal may create complications.

19. Public Suits Validation Act, 1932 (11 of 1932). The Act may, for the present, continue on the statute book.

20. Public Wakfs (Extension of Limitation) Act, 1959 (29 of 1959). It is not advisable to repeal the Act.

21. Special Tribunals (Supplementary Provisions) Act, 1946 (29 of 1946). The Act may be repealed, subject to verification of certain facts stated in the discussion about the Act.

22. Transfer of Evacuee Deposits Act, 1954. The Act may be repealed, subject to factual checking.

K.K. Mathew Chairman.

J.P. Chaturvedi Member.

Dr. M.B. Rao Member.

P.M. Bakshi Part-time Member.

Vepa P. Sarathi Part-time Members.

A.K. Srinivasamurthy Member-Secretary.

Dated: 19th March, 1984

1. Chapter 3, supra.

2. The Acts are arranged alphabetically.

3. None of these Acts was repealed upto 15th February, 1984, according to checking done in office.