THE KARNATAKA REPEALING OF CERTAIN ENACTMENTS AND REGIONAL LAWS ACT, 2024
KARNATAKA ACT NO.19 OF 2024
Arrangement of Section
Sections:
1. Short title and Commencement
2. Definitions
3. Repeal of certain enactments and Regional Laws
4. Savings
STATEMENT OF OBJECTS AND REASONS
Amendment Act 19 of 2024:- In a changing society law must be dynamic. Laws are neither stagnant nor permanent. The laws which have been enacted in the past to suit the need of the society according to the then existing situations or circumstances, over the years may cease to be useful for the present day society due to change in situations or circumstances, thus rendering such laws as irrelevant or obsolete.
The primary object of any amendment or repeal of law is to bring necessary changes in the existing law for the changing socio-economic and cultural conditions from time to time. The object of repeal is to excise dead statutes from statute book. There is a need to repeal statutes with a possible exception of those statutes whose life is predetermined by the Legislature at the time of their enactment.
A Statute unless it is expressly enacted for a temporary period, survives until it is killed by way of repeal as obsolete. Generally, Law is repealed either to remove inconsistencies or after it has served its purpose. Repealing or Amending Act are designed for editorial revision which intends to remove the dead matter from the statute book and to reduce its volume.
The laws which have become obsolete or irrelevant need to be repealed from the statute book by Repealing and Amending Act. The process of repealing/amending existing laws is as equally an arduous task as law-making. In this regard, a regular exercise has to be undertaken to check whether any particular law needs to be kept on statute book or is there any need to amend it fully or partially or to repeal it totally for having become obsolete.
It is a practice of the Legislature to repeal all spent, obsolete and unnecessary Acts periodically by enacting Repealing and Amending Acts.
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On the detailed examination of various Acts, the Law Commission of Karnataka in its fifty eighth report has proposed to repeal certain Regional and State Acts which are found to be not useful or relevant for the present situations or circumstances as such they are recommended to be repealed as obsolete.
Hence, the Bill.
[L.A. Bill No.09 of 2024, File No. SAMVYASHAE 04 SHASANA 2024]
[Various Entries of List II and III of the Seventh Schedule and Articles 246 and 372 of the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.172 in part-IVA dated:11.03.2024]
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KARNATAKA ACT NO.19 OF 2024
(First published in the Karnataka Gazette Extra-ordinary on the 11th day of March, 2024)
THE KARNATAKA REPEALING OF CERTAIN ENACTMENTS AND
REGIONAL LAWS ACT, 2024
(Received the assent of the Governor on the 06th day of March, 2024)
An Act to repeal certain enactments and Regional Laws in force in the State of Karnataka.
Whereas it is expedient to repeal certain enactments and Regional Laws in force in the State.
Be it enacted by the Karnataka State Legislature in the Seventy fifth year of the Republic of India as follows:-
1. Short title and Commencement.- (1) This Act may be called the Karnataka Repealing of Certain Enactments and Regional Laws Act, 2024.
(2) It shall come into force at once.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “regional laws” mean laws in force in the former States of Bombay, Hyderabad, Madras and Mysore immediately before 1st November 1956, and continued in force under section 119 of the States Reorganization Act, 1956 (Central Act 37 of 1956) in the respective Areas of those States which are now part of Karnataka State; and
(b) “Schedule” means a Schedule annexed to this Act.
3. Repeal of certain enactments and Regional Laws.- The enactments and Regional Laws specified in the Schedule as in force in the State are hereby repealed.
4. Savings.- (1) The repeal by this Act of any enactment or regional laws,-
(i) shall not affect any other enactment or regional laws in which the repealed enactment or regional laws has been applied, incorporated or referred to;
(ii) 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
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any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;
(iii) shall not 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 or regional laws hereby repealed;
(iv) shall not 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;
(v) 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;
(vi) nor shall the repeal of any enactment or regional laws shall affect any proceedings initiated or to be initiated under these enactments or regional laws before any court or other authority to challenge, or to enforce, the rights conferred by these enactments or regional laws and those proceedings shall be continued and disposed off in accordance with these enactments or regional laws as if the said enactments or regional laws 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 or regional laws, 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 or regional laws 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
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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 or regional laws 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, 8 and 24 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
Repealed Enactments
(See sections 2 and 3)
SL
No.
Year
Act
No.
Short Title
Extent of Repeal
(1)
(2)
(3)
(4)
(5)
1.
1350 F XIX
State Bank Act, 1350 F (Hyderabad Act XIX of 1350 F)
The whole
2.
1381F III c
Dissolved Special Tribunal (Issue of Warrants) Regulation 1359 F (Hyderabad Act III c. 1381 F)
The whole
3.
1368F LXIX
Abolition of Jegirs Regulations 1958F (Hyderabad Regulation LXIX of 1368F)
The whole
4.
1871 XXII
Pension Act, 1871 (Mysore Act, XXII of 1871)
The whole
5.
1906 II
Tramways Act, 1906 (Mysore Act II of 1906)
The whole
6.
1932 XXII
Marumakkattayam Act, 1932 (Madras Act XXII of 1932)
The whole
7.
1933 X
Hindu Laws Women’s Rights Act, 1933 (Mysore Act X of 1933)
The whole
8.
1933 XXI
Nambudari Act, 1932(Madras Act XXI of 1933)
The whole
9.
1938 IV
The Bombay Provisional Collection of Taxes Act, 1938 (Bombay Act IV of 1938)
The whole
10.
1939 XIV
Transfer of property and the Indian Registration (Bombay Amendment) Act, 1939 (Bombay Act XIV of 1939)
The whole
11.
1943 I
Cutchi Memons Act, 1943 (Mysore Act I of 1943)
The whole
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12.
1947 V
Temple Entry Authorization Act 1947 (Madras Act, V of 1947)
The whole
13.
1949 VIII
Vexatious Litigation Act, 1949(Madras Act VIII of 1949)
The whole
14.
1949 XXX
Drugs (Control) Act, 1949 (Madras Act XXX of 1949)
The whole
15.
1950 V
Drugs (Control) Act, 1950 (Mysore Act V of 1950)
The whole
16.
1951 XXXII
The Mysore Transfer of Property (Extension to Agricultural Land) Act, 1951 (Mysore Act XXXII of 1951)
The whole
17.
1952 X
Atiyat Enquiries Act, 1952 (Hyderabad Act X of 1952)
The whole
18.
1952 XXIX
Drugs (Control) Act, 1952 (Bombay Act XXIX of 1952)
The whole
19.
1956 XXXI
Hindu Places of Public worship (Entry Authorization) Act, 1956 (Bombay Act XXXI of 1956)
The whole
20.
1956 XXXII
Marumakkattayam (Removal of Doubts) Act, 1955 (Madras Act XXXII of 1956)
The whole
21.
1957 12
The Karnataka Existing Laws (Construction of References of values) Act, 1957 (Karnataka Act 12 of 1957)
The whole
22.
1961 3
The Karnataka Evacuee Interest (Separation) Supplementary Act, 1961 (Karnataka Act 3 of 1961)
The whole
23.
1967 15
The Karnataka Abolition of Cash Grants Act, 1967 (Karnataka Act 15 of 1967)
The whole
24.
1986 2
The Karnataka Agricultural Credit Pass Book Act, 1984 (Karnataka Act 2 of 1986)
The whole
25.
2004 24
The Karnataka Selection of candidates for admission to Medical, Dental and Engineering courses (Special Provisions) Act, 2004 (Karnataka Act 24 of 2004)
The whole
26.
2007 28
The Karnataka Professional Educational Institutions (Regulation of admission and fixation of fee) (Special Provisions) Act, 2007 (Karnataka Act 28 of 2007)
The whole
7
27.
2011 23
The Karnataka Professional Educational Institutions (Regulation of admission and fixation of fee) (Special Provisions) Act, 2011 (Karnataka Act 23 of 2011)
The whole
28.
2012 23
The Karnataka Professional Educational Institutions (Regulation of admission and fixation of fee) (Special Provisions) Act, 2012 (Karnataka Act 23 of 2012)
The whole
29.
2013 50
The Karnataka Professional Educational Institutions (Regulation of admission and fixation of fee) (Special Provisions) Act, 2013 (Karnataka Act 50 of 2013)
The whole
30.
2014 29
The Karnataka Professional Educational Institutions (Regulation of admission and fixation of fee) (Special Provisions) Act, 2014 (Karnataka Act 29 of 2014)
The whole
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