Report No. 250

57. Additional Emoluments (Compulsory Deposits) Act, Act 37 of 1974

Category: Financial Laws

Recommendation: Repeal

The Act provided for, in the interest of national economic development, for the compulsory deposit of additional emoluments and for the framing of a scheme in relation thereto. The Act provided for the compulsory deposit by all persons into two separate accounts - the additional wages deposit account and the additional dearness allowance deposit account.

The Law Commission of India in its 159th Report on Repeal and Amendment of Laws has documented the Department of Economic Affairs' proposal to repeal this Act. The reason furnished by the Department of Economic Affairs for proposing repeal of this Act was that in future any occasion or necessity for such compulsory deposits will not arise.

Hence, the Department proposed repeal of this Act while making provision for disposal of the amounts already in deposit under the respective enactments. As a result, the Central Government should repeal this Act. A suitable savings clause should be inserted in the repealing Act. This Act was also recommended for repeal in the PC Jain Commission Report (Appendix A-1) as well as in the 159th Report of the Law Commission of India.