KARNATAKA REPEALING AND AMENDING ACT, 2000

22 of 2000

STATEMENT OF OBJECTS AND REASONS (As appended to at the time of introduction) It is considered necessary to prepare up-to-date Codal Volumes of the Karnataka Acts and to repeal all the spent Acts and amendment Acts from time to time. The Government constituted One-man Committee for the above purpose. The Committee has reviewed the Karnataka Acts for the period for 1-1-1956 to 31-12-1998 and has proposed this "Repealing and Amending Bill, 2000" which seeks to repeal the following types of Acts. (i) Acts which amended the Karnataka Acts whether they are now in force or not; (ii) Acts which amended regional Acts which are no longer in force; (iii) Appropriation Acts as they are spent Acts; (iv) Acts which have been struck down or by necessary implication struck down by the Courts; (v) Acts which are by implication repealed by Central Acts; and (vi) Acts which are temporary and spent enactments. The Bill does not include. (i) Acts which amend the Central Acts and regional Acts which are in force; and (ii) Acts which are already repealed expressly. This Bill seeks to repeal and remove all spent and amendment Acts from the Statute Book. Hence the Bill.

An Act to repeal certain enactments and to amend certain other enactments. Be it enacted by the Karnataka State Legislature in the Fifty-first year of the Republic of India as follows

Section 1 Short title and commencement

(1) This Act may be called the Karnataka Repealing and Amending Act, 2000.

(2) It shall come into force at once.

Section 2 Repeal of certain enactments

The enactments specified in the First Schedule are hereby repealed.

Section 3 Amendment of certain enactments

The enactments specified in columns (2) and (3) of the Second Schedule are hereby amended to the extent and in the manner mentioned in column (4) there of.

Section 4 Savings

(1) The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force; nor shall the repeal of the Appropriation Acts by this Act affect the audit, examination, accounting, investigation, inquiry or any other action taken or to be taken in relation thereto by any authority and such audit, examination, accounting, investigation, inquiry or action could be taken and/or continued as if the said Acts are not repealed by this Act. nor shall the repeal of Acts 9 of 1975 and 29 of 1980 shall affect any proceedings initiated under those enactments before any Court or other authority to challenge, or to enforce, the rights conferred by those enactments and those proceedings shall be continued and disposed off in accordance with those enactments as if the said enactments are not repealed by this Act.

(2) For the removal of doubts it is hereby declared that where this Act repeals any enactment by which,

(i) the text of any other enactment, was amended by the express addition, omission, insertion or substitution of any matter, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the commencement of this Act;

(ii) any action taken (including any rule or order or bye-law or regulation made or any tax or cess or fee assessed or collected) by the Government or any other authority has been validated or saved or proceedings before one authority has been transferred to another authority or any declaration has been made or any direction has been given or limits of any municipality has been extended or scale of pay or equation of any category of post has been revised, the repeal shall not affect the operation of such validation or saving or transfer or declaration or direction or extension or revision and in operation at the commencement of this Act;

(iii) any other enactment has been amended or repealed or extended to the State of Karnataka, with or without some consequential or transitory or saving provisions the repeal shall not affect the operation of such amendment, repeal, extension or provision and in operation at the time of commencement of this Act.

(3) The provisions of S.6 of the MYSORE GENERAL CLAUSES ACT, 1899 (Karnataka Act III of 1899), shall be applicable in respect of repeal of an enactment by this Act.

SCHEDULE 1 FIRST SCHEDULE

xxxx

SCHEDULE 2 SECOND SCHEDULE

(a) omit sub-section (2);

(b) in sub-section (3) omit "and (2)";

(2) omit Schedule II.

5.

22 of 1961

The Karnataka Rent Control Act, 1961.

In Section 62, for "(Hyderabad Act XXX of 1954)" substitute "(Hyderabad Act XX of 1954)", with effect from 31-12-1961.

6.

20 of 1962

The Karnataka Public Conveyances Act, 1961

(1) In Section 31, for the figures "29", the figures "30" shall be deemed always to have been substituted.

(2) In Section 44, for the figures "42", the figures "43" shall be deemed always to have been substituted.

7.

22 of 1964

The Karnataka Municipalities Act, 1964.

(1) In Section 9, in 2nd para, for "its" substitute "his".

(2) In Section 18, in subsection (2), omit the word "or" occurring after "elected".

(3) In Section 60, for "Assistant Engineer" substitute "Assistant Executive Engineer".

(4) In sub-section (3) of Section 143, for "the City of Bangalore Municipal Corporation Act, 1949 or the Bombay Provincial Municipal Corporation Act, 1949" substitute "the Karnataka Municipal Corporations Act, 1976".

(5) In Section 355, in clause (k) for "or persons" substitute "of person".

(6) Omit Sections 384, 385 and 386.

8.

23 of 1964

The Karnataka Cinemas (Regulation) Act, 1964

In the Schedule, for Items 1 to 15 substitute the following.

"1. The Karnataka Municipalities Act, 1964.

2. The Karnataka Municipal Corporations Act, 1976.

3. The Karnataka Panchayat Raj Act, 1993.

4. The Karnataka Improvement Boards Act, 1976.

5. The Bangalore Development Authority Act, 1976.

6. The Karnataka Urban Development Authorities Act, 1987".

9.

27 of 1964

The Karnataka Cattle Licensing Act, 1964.

For sub-section (2) of Section 14, substitute the following:

"(2) Subject to the provisions of sub-section (1) the provisions of this Act shall be in addition to and not in derogation of the provisions of the Mysore Mines Act, 1906 (Mysore Act IV of 1906), as in force in Mysore Area; the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964); the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993), and the rules, regulations, orders, notifications and bye-laws made thereunder".

10.

34 of 1964

The Karnataka Village Defence Parties Act, 1964.

(1) In Section 13, for "Mysore Police Act, 1908, the Madras District Police Act, 1859, the Police Act, 1861, the Hyderabad District Police Act, 1329 Fasli or the Bombay Police Act, 1951, as the case may be" substitute "Karnataka Police Act, 1964".

(2) With effect from 1-11-1965, in Section 18,

(a) in the title for "4 of 1956" substitute "4 of 1957";

(b) for "(bb)" substitute "(bbb)".

11.

27 of 1966

The Karnataka Agricultural Produce Marketing (Regulation) Act, 1966.

In Section 156, for the words and figures "Act 66 of 1958", the words and figures "Act 16 of 1958" shall be and shall be deemed always to have been substituted.

12.

34 of 1974

The Renuka Yellamma Devastarna (Administration) Act, 1974.

(1) In Section 11, in clause (c), for "perquisitives" substitute "perquisites".

(2) In Section 40, in subsection (1), for "request" substitute "bequest".

13.

33 of 1975

The Karnataka Land Revenue (Amendment) Act, 1975.

For sub-section (3) of Section 5, substitute the following with effect from 10th day of July, 1975, namely.

"(3) In sub-section (2), the comma and the words "the State Government" in the two places where they occur, shall be and shall be deemed to have been omitted with effect from 10th day of July, 1975".

14.

12 of 1976

The Bangalore Development Authority Act, 1976

(1) In Section 12, in subsection

(3), for "as thinks fit" substitute "as it thinks fit".

(2) In Section 38-C, for City Improvement Trust Board Act, 1945" substitute "City of Bangalore Improvement Act,

1945".

15.

39 of 1976

The Karnataka Urban Land Tax Act, 1976.

Insert the following as clause (c) of sub-section (3) of Section 1, with effect from 1-4-1976.

"(c) Section 45 shall be deemed to have come into force throughout the State on the first day of April, 1976".

16.

54 of 1976

The Karnataka (Sandur Area) Inams Abolition Act, 1976.

In Chapter HI, after the word and figure "CHAPTER III" insert the following chapter heading "REGISTRATION AS AN OCCUPANT" with effect from the 7th September, 1976.

17.

33 of 1978

The Central Laws (Karnataka Extension) Act, 1978.

In Section 7, for "State Reorganisation Act, 1956 (Central Act XXXVIII of 1956)" substitute "States Reorganisation Act, 1956 (Central Act XXXVII of 1956)".

18.

26 of 1982

The Karnataka Tax on Professions, Trades, Callings and Employments (Amendment) Act, 1982.

In Section 4, for "sub-section (2)" substitute "sub-section (1)" with effect from 27th July, 1982.

19.

15 of 1983

The Karnataka Highways (Amendment) Act, 1983.

In Section 2, after the word and figure "CHAPTER VIA" insert Chapter heading "LEVY OF TOLL" with effect from the date of commencement of Act 15 of 1983.

20.

26 of 1984

The Karnataka Agricultural Credit Operations and Miscellaneous Provisions (Amendment) Act, 1984.

In Section 7.

(i) for "19-B "and "19-C" wherever they occur substitute "19-A" and "19-B" respectively with effect from 28-4-1984; and

(ii) for "19-A" substitute "19" with effect from 28-4-1984.

21.

4 of 1999

The Karnataka Taxation Laws (Amendment) Act, 1999.

In sub-section (2) of Section 6, for clause (ii), the following shall be and shall be deemed always to have been substituted, namely.

"(ii) in the 1st proviso to subsection (6), for the words "two years", the words "three years" shall be deemed always to have been substituted.