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Report No. 159

Chapter IV

Conclusion

4.1. On the basis of the discussions contained in the preceding chapters, the Commission is of the considered opinion that the following central enactments falling under the administrative control of the respective ministries of the Central Government need changes; or require to be repealed; or require to be amalgamated and re-enacted as a single enactment; or no opinion can be given on enactments regarding changes which are still under consideration, by the concerned department, as the case may be.

4.2. Enactments falling under Ministry of Finance, Department of Economic Affairs:

(a) Banking Service Commission Act.-The decision to repeal this being a policy decision, calls for no comments.

[Para. 3.1(ii)(a), supra]

(b) Currency Ordinance 1940.-The repeal of this enactment is recommended.

[Para. 3.1(ii)(b), supra]

(c) The Shipping Development Fund Committee (Abolition) Act, 1986.- Repeal of this Act is recommended.

[Para. 3.1(ii)(c), supra]

(d) Compulsory Deposit Scheme Act, 1963 and Additional Emoluments (Compulsory Deposit) Act, 1974.- On the basis of the policy decision of the Government, repeal of these enactments is recommended.

[Para. 3.1(ii)(d), supra]

(e) Government Savings Bank Act, 1873, Government Savings Certificate Act, 1959 and Public Provident Fund Act, 1968.-Amalgamation of these Acts and enactment of consolidated single Act in the place of these Acts is recommended subject to the observations made in the relevant para.

[Para. 3.1(iii)(a), supra]

(f) Indian Coinage Act, 1906, Metal Tokens Act, 1889 and Small Coins (Offences) Act, 1971.-Amalgamation of these Acts and enactment of consolidated single Act in the place of these Acts is recommended.

[Para. 3.1(iii)(b), supra]

(g) Legal Tender (Inscribed Notes) Act, 1964.-Continuation of the Act is recommended by the Department and the Commission has no comments to offer thereon.

[Para. 3.1 (iii)(c), supra]

(h) The Indian Trusts Act, 1882.-The amendments to the Act are said to be still under consideration by the Department. However, the Commission is not in a position to agree with the proposal of the Department to repeal clauses (a) to (e) of section 20 altogether, in the absence of any further material. However, the reference in these clauses to securities, bonds, stocks, etc. of the Government of U.K. or other foreign countries may be repealed.

Since the replacement inter alia of FERA with FEMA is a matter of policy of the Government and also because a copy of the FEMA has not been made available to the Commission, it is not possible to express any opinion. The report of the Department of Economic Affairs states that amendments to other Acts which are being implemented by the Department are under consideration of the expert group and that as and when suggestions are made, they will be communicated to the Commission.

(i) Sick Industrial Companies (Special Provisions) Act, 1985.-The Law Commission, recommends that before enacting a new Act in the place of the present Act, a policy decision may be taken on the subject as a whole and then steps should be taken to enact a necessary and appropriate enactment or put an end to the entire exercise as such.

[Para. 3.1(iv), supra]



Repeal and Amendment of Laws - Part I Back




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