KARNATAKA REPEALING AND AMENDING ACT, 2002
13 of 2003
31st March, 2003
An Act to repeal certain enactments and to amend certain other enactments. Whereas, it is expedient to repeal certain enactments and to amend certain other enactments. Be it enacted by the Karnataka State Legislature in the Fifty-second 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, 2002.
(2) It shall come into force at once.
Section 2 Definition
Unless the context otherwise requires "Schedule" means a Schedule annexed to this Act.
Section 3 Repeal of certain enactments
The enactments specified in the First Schedule are hereby repealed.
Section 4 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 the corresponding entries in column (4) thereof.
Section 5 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(1) The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already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the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction,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examination, accounting, investigation, inquiry or action could be taken and/or continued as if the said Acts are not repealed by this Act; nor shall the repeal of Act 2 of 1973 and Act 38 of 1987 shall affect any proceedings initiated or to be initiated under these enactments before any Court or other authority to challenge, or to enforce, the rights conferred by these enactments and those proceedings shall be continued and disposed off in accordance with these 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, the repeal shall not affect the operation of such validation or saving or transfer or declaration or direction and in operation at the commencement of this Act; and (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 Section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899), shall be applicable in respect of repeal of an enactment by this Act.
SCHEDULE 1 REPEALED ACTS Part I State Acts
SCHEDULE FIRST SCHEDULE
(See Section 3)
REPEALED ACTS Part I State Acts
SI. No. Year and Act No. Short title
(1) (2) (3)
1. 1957 26 The Mysore Lotteries and Prize Competitions Control and Tax (Karnataka Amendment) Act, 1957
2. 1958
11 The Mysore Betting Tax (Karnataka Amendment) Act, 1958
3. 1959
1 The Mysore (Personal and Miscellaneous) Inams Abolition (Karnataka Amendment) Act, 1959
4. 1960
1 The Mysore Industrial Disputes (Karnataka Amendment and Repealing) Act, 1959
5. 1960
8 The Karnataka State Aid to Industries Act, 1959
6. 1960
16 The Mysore Inams Abolition Laws (Karnataka Amendment) Act, 1960
7. 1961
19 The Indian Partnership (Karnataka Amendment) Act, 1961
8. 1962
1 The Madras Aliyasanthana (Karnataka Amendment) Act, 1961
9. 1962 6 The Karnataka Land Improvement Act, 1961
10. 1962
20 The Karnataka Public Conveyance Act, 1961
11. 1963
6 The Industrial Disputes (Karnataka Amendment) Act, 1962
12. 1963
20 The Karnataka Gift Goods (Unlawful Possession) Act, 1963
13. 1963
21 The Bombay Merged Territories and Areas (Jagirs Abolition) (Karnataka Amendment) Act, 1963
14. 1963
25 The Madras Hindu Religious and Charitable Endowments (Karnataka Amendment) Act, 1963
15. 1963
35 The Industrial Disputes (Karnataka Amendment) Act, 1963
16. 1964
27 The Karnataka Cattle Licencing Act, 1964
17. 1964
37 The Hyderabad Abolition of Inams (Karnataka Amendment) Act, 1964
18, 1966
37 The Madras Hindu Religious and Charitable Endowments (Karnataka Amendment) Act, 1966
19. 1968
10 The Land Acquisition (Karnataka Amendment and Validation) Act, 1967
20. 1969
30 The Hyderabad Jagirs (Commutation) Regulation (Karnataka Amendment) Act, 1969
21. 1969
33 The Mysore Inams Abolition Laws (Amendment) Act, 1969
22. 1972
8 The Indian Penal Code (Karnataka Amendment) Act, 1969
23. 1973
2 The Kamataka Tenants (Relief in Payment of Arrears of Rent) Act, 1972
24. 1973
19 The Charitable Endowments (Karnataka Amendment) Act, 1973
25. 1973
27 The Mysore Inams Abolition Laws (Amendment) Act, 1973
26. 1974
7 The Mysore Betting Tax and Race Courses Licensing (Karnataka Amendment) Act, 1974
27. 1975
37 The Industrial Employment (Standing Orders) (Karnataka Amendment) Act, 1975
28. 1975
64 The Registration (Kamataka Second Amendment) Act, 1976
29. 1977
2 The Payment of Wages (Karnataka Amendment) Act, 1976
30. 1978
29 The Indian Stamp (Karnataka Amendment) Act, 1978
31. 1978
30 The Madras Aliyasanthana (Karnataka Amendment) Act, 1978
32. 1979 26 The Karnataka Inams Abolition Laws (Amendment) Act, 1979
33. 1980
18 The Mysore Religious and Charitable Institutions (Karnataka Amendment) Act, 1979
34. 1980
19 The Registration (Karnataka Amendment) Act, 1980
35. 1980
22 The Mysore Betting Tax (Karnataka Amendment) Act, 1980
36. 1981
20 The Mysore Betting Tax (Karnataka Amendment) Act, 1981
37. 1981
33 The Electricity Supply (Karnataka Amendment) Act, 1981
38. 1981
49 The Disturbed Areas (Special Court) (Karnataka Amendment) Act, 1981
39. 1982
1 The Identification of Prisoners (Karnataka Amendment) Act, 1981
40. 1982
2 The Payment of Wages (Karnataka Amendment) Act, 1981
41. 1982
20 The Code of Criminal Procedure (Karnataka Amendment) Act, 1982
42. 1983
24 The Karnataka State Industrial Security Force Act, 1983
43. 1984
24 The Karnataka Inams Abolition Laws (Amendment) Act, 1984
44. 1984
35 The Code of Criminal Procedure (Karnataka Amendment) Act, 1983
45. 1985
18 The Mysore (Religious and Charitable) Inams Abolition (Karnataka Amendment) Act, 1985
46. 1985
19 The Code of Criminal Procedure (Karnataka Amendment) Act, 1985
47. 1985
27 The Karnataka Sales Tax (Amendment) Act, 1985
48. 1986
10 The Karnataka Tax on Luxuries (Hotels and Lodging Houses (Amendment) Act, 1986
49. 1986
19 The Karnataka Land Reforms (Amendment) Act, 1986
50. 1986
27 The Karnataka Civil Services (Exclusion of the service rendered by a Government servant as a local candidate for computing the service for grant of selection time scale of pay) Act, 1986
51. 1986
46 The Electricity (Supply) (Karnataka Amendment) Act, 1986
52. 1987
1 The Indian Partnership (Karnataka Amendment) Act, 1986
53. 1987
14 The Karnataka Sales Tax (Amendment) Act, 1987
54. 1987
27 The Code of Criminal Procedure (Karnataka Amendment) Act, 1987
55. 1987
35 The Cotton Transport (Karnataka Amendment) Act, 1987
56. 1987
38 The Karnataka State University Teachers (Absorption of Temporary Teachers) Act, 1987
57. 1988
5 The Industrial Disputes (Karnataka Amendment) Act, 1988
58. 1989
16 The Karnataka Sales Tax (Amendment) Act, 1989
59. 1989
21 The Mysore Betting Tax (Amendment) Act, 1988
60. 1989
24 The Registration (Karnataka Amendment) Act, 1987
61. 1991
2 The Karnataka Land Revenue (Amendment) Act, 1990
62. 1991
21 The Karnataka Land Revenue (Amendment) Act, 1991
63. 1991
33 The Land Acquisition (Karnataka Amendment) Act, 1988
64. 1993
21 The Karnataka Advocates Welfare Fund (Amendment) Act, 1993
65. 1994
22 The Code of Criminal Procedure (Karnataka Amendment) Act, 1994
66. 1994
23 The Hindu Succession (Karnataka Amendment) Act, 1990
67. 1994
24 The Resettlement of Project Displaced Persons Act, 1987
68. 1994
41 The Karnataka Special Tribunal Act, 1994
69. 1994
45 The Karnataka Tax on Entry of Goods (Amendment) Act, 1994
70. 1995
29 The Mysore (Religious Charitable Inams Abolition) (Karnataka Amendment) Act, 1995
71. 1996
6 The Karnataka Advocates Welfare Fund (Amendment) Act, 1996
72. 1996
10 The Mysore (Personal and Miscellaneous) Inams Abolition (Amendment) Act, 1996
73. 1996
11 The Motor Vehicles (Karnataka Amendment) Act, 1996
74. 1997 25 The Karnataka Shops and Commercial Establishments (Amendment) Act, 1997
75. 1997 27 The Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) (Amendment) Act, 1997
76. 1997 29 The Karnataka Panchayat Raj (Third Amendment) Act, 1997
77. 1998 17 The Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Act, 1998
78. 1998 22 The Karnataka Land Revenue (Amendment) Act, 1997
79. 1998 23 The Karnataka Land Reforms (Amendment) Act, 1997
80. 1998 25 The Karnataka Co-operative Societies (Amendment) Act, 1997
81. 1998 26 The Electricity Laws (Karnataka Amendment) Act, 1998
82. 1998 34 The Karnataka Land Reforms (Amendment) Act, 1998
83. 1998 36 The Code of Civil Procedure (Karnataka Amendment) Act, 1995
84. 1999 2 The Karnataka Appropriation Act, 1999
85. 1999 3 The Karnataka Appropriation (Vote on Account) Act, 1999
86. 1999 4 The Karnataka Taxation Laws (Amendment) Act, 1999
87. 1999 5 The Karnataka Motor Vehicles Taxation (Amendment) Act, 1999
88. 1999 6 The Karnataka Stamp (Second Amendment) Act, 1999
89. 1999 7 The Karnataka Parliamentary Secretaries Allowances (Amendment) Act, 1999
90. 1999 8 The Karnataka State Universities (Amendment) Act, 1998
91. 1999 9 The Karnataka Societies Registration (Amendment) Act, 1997
92. 1999 10 The Karnataka Panchayat Raj (Amendment) Act, 1999
93. 1999 12 The Karnataka Excise (Second Amendment) Act, 1999
94. 1999 13 The Karnataka Housing Board (Amendment) Act, 1999
95. 1999 14 The Karnataka Land Revenue (Amendment) Act, 1998
96. 1999 15 The Karnataka Anatomy (Amendment) Act, 1998
97. 1999 16 The Karnataka Appropriation (No. 2) Act, 1999
98. 1999 17 The Karnataka Appropriation (No. 3) Act, 1999
99. 1999 18 The Karnataka Taxation Laws (Third Amendment) Act, 1999
100. 1999 19 The Kannada University (Amendment) Act, 1999
101. 1999 20 The Karnataka State Universities (Amendment) Act, 1999
102. 1999 21 The Karnataka Panchayat Raj (Second Amendment) Act, 1999
103. 1999 22 The Kamataka Public Premises (Eviction of Unauthorised Occupants) (Second Amendment) Act, 1999
104. 1999 23 The Visweshwariah (Technological) University (Amendment) Act, 1999
105. 1999 24 The Karnataka Stamp (Amendment) Act, 1999
106. 1999 26 The Karnataka Land Revenue (Amendment) Act, 1999
107. 2000 3 The Kamataka Appropriation Act, 2000
108. 2000 4 The Karnataka Appropriation (Vote on Account) Act, 2000
109. 2000 5 The Karnataka Taxation Laws (Amendment) Act, 2000
110. 2000 6 The Karnataka Motor Vehicles Taxation (Amendment) Act, 2000
111. 2000 7 The Karnataka Stamp and Certain other Laws (Amendment) Act, 2000
112. 2000 8 The Karnataka Panchayat Raj (Amendment) Act, 2000
113. 2000 9 The Karnataka Sales Tax (Amendment) Act, 2000
114. 2000 10 The Karnataka Rent Control (Amendment) Act, 2000
115. 2000 11 The Karnataka Panchayat Raj (Second Amendment) Act, 1999
116. 2000 12 The Kamataka Court fees and Suits Valuation (Amendment) Act, 2000
117. 2000 13 The Karnataka Co-operative Societies (Amendment) Act, 2000
118. 2000 14 The Karnataka Public Premises (Eviction of Unauthorised Occupants) (Amendment) Act, 2000
119. 2000 15 The Karnataka Land Revenue (Amendment) Act, 2000
120. 2000 18 The Karnataka Appropriation (No. 1) Act, 2000
121. 2000 19 The Karnataka Industrial Areas Development (Amendment) Act, 2000
122. 2000 20 The Karnataka Forest and Certain other Laws (Amendment) Act, 1999
123. 2000 21 The Karnataka Sales Tax and Excise Laws (Amendment) Act, 2000
124. 2000 22 The Karnataka Repealing and Amending Act, 2000
125. 2000 23 The Certain Laws Repealing and Amending Act, 2000
126. 2000 24 The Karnataka Irrigation and Certain other Laws (Amendment) Act, 2000
127. 2000 26 The Karnataka Entertainments Tax (Amendment) Act 2000
128. 2000 27 The Karnataka Appropriation (No. 2) Act, 2000
129. 2000 31 The Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Act, 2000
130. 2000 32 The Karnataka Motor Vehicles Taxation (Second Amendment) Act, 2000
Part II Central Acts
SI. No. Year and
Act No. Short Title
1. 1861 16 The Stage Carriage Act, 1861
2. 1876 15 The Bombay Municipal Debentures Act, 1876
3. 1879 14 The Hackney Carriages Act, 1879
4. 1881 11 The Municipal Taxation Act, 1881
5. 1886 6 The Births, Deaths and Marriages Registration Act, 1886
6. 1919 1 The Local Authorities Pension and Gratuities Act, 1919
7. 1948 26 The Local Authorities Loans Act, 1948
SCHEDULE 2 Amendments
SCHEDULE SECOND SCHEDULE
(See Section 4)
Amendments
SI. No. Act No. and year Short title Amendments
1. III of 1899 The Karnataka General Clauses Act, 1899 In Section 1 with effect from 1-11-1956,
(i) for "and commencement" substitute "commencement and extent";
(ii) after sub-section (2), insert "(3) It extends to the whole of the State of Karnataka"
2. 16 of 1966 The Karnataka Seondary Education Examination Board Act, 1966 Omit Section 41 and Schedule
3. 10 of 1986 The Karnataka Tax on Luxuries (Hotels and Lodging Houses) (Amendment) Act, 1986 For sub-section (2) of Section 1 with effect from 31st March, 1986, substitute "(2) It shall come into force at once"
4. 8 of 1990 The Karnataka
Sales Tax In Section 8 with effect from 1st April, 1990,
(Amendment) Act, 1990 (i) in the heading for "Section 25-B"
substitute "Chapter VI-A";
(ii) for "Section 25-B" substitute "Chapter VI-A including Section 25-B"
5. 1 of 1995 The Karnataka Education Act, 1983 In Schedule I, in item 3 with effect from 1st June, 1995, for "Sections 21 and 38" substitute "and Section 21"
6. 7 of 1997 The Karnataka Taxation Laws (Amendment) Act, 1997 In Section 2 with effect from 1st April, 1997,
(i) in item (1) for "Hotels" substitute "provided in Hotels";
(ii) in item (2), omit "on luxuries"
7. 6 of 1999 The Karnataka Stamp (Second Amendment) Act, 1999 In Section 14 with effect from 1st April, 1999, in sub-section (6), in clause (ii), for "(1) including" substitute "(1) Lease of immovable property including"
8 5 of 2000 The Karnataka Taxation Laws (Amendment) Act, 2000 In Section 4 with effect from 1st April, 2000, clause (22) shall be omitted
9. 22 of 2000 The Karnataka Repealing and Amending Act, 2000 In the First Schedule, SI. Nos. 633, 950 and 957 and the entries relating thereto in columns (2) to (4) thereof and in Second Schedule, SI. No. 21 and the entries relating thereto in columns (2) to (4) thereof shall be and shall be deemed to have been omitted from that Schedule and shall be deemed never to have been included in the said Schedules
10. 14 of 2001 The Karnataka Legislature Salaries, Pensions and Allowances (Amendment) Act, 2000 In Section 8 with effect from 1st day of December, 2000, after "in Section 10-F of the principal Act", insert "in sub-section (1)" |