Repealing and Amending Act, 19201
| [Act No. 31 of 1920] | [2nd September, 1920] |
| [Repealed by Act 1 of 1938, S. 2 and Schedule] | [2nd September, 1920] |
Passed by the Indian Legislative Council.
An Act to amend certain enactments and to repeal certain other enactments.
Whereas it is expedient that certain amendments should be made in the enactments specified in the First Schedule;
And whereas it is also expedient that certain enactments specified in the Second Schedule which are spent or have otherwise become unnecessary, or have ceased to be in force otherwise than by express specific repeal, should be expressly and specifically repealed;
It is hereby enacted as follows:-
1 Received the assent of the Governor General on the 2nd September, 1920.
1. Short title.- This Act may be called the Repealing and Amending Act, 1920.
2. Amendment of certain enactment.- The enactments specified in the First Schedule are hereby amended to the extent and in the planner mentioned in the fourth column thereof.
3. Repeal of certain enactments.- The enactments specified in the Second Schedule are hereby repealed to the extent mentioned in the fourth column thereof.
4. Saving.- The repeal by this Act of any enactment shall not affect any Act or Regulation in which such enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything already done of 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the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;
nor shall the repeal by this Act of any enactmenti revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter of thing not now existing or in force.
Schedule 1
Amendments.
(See section 2.)
| Year. | Number. | Short title. | Amendments. |
| 1882 | II | The Indian Trusts Act, 1882. | In clause (a) of section 20 after the word "securities" the words "of any Local Government or" shall be inserted. |
| 1897 | X | The General Clauses Act, 1897. | After section 30, the following section shall be Inserted, namely:- "31. Construction of reference to local Government of a Province.- In any enactment made Construction by any authority in British India before date on which section 3 of the Government of India Act, 1919, comes into operation, and in any rule, order, notification, scheme, bye-law or other document made under or with reference to any such enactment, any reference by whatever form of words to an authority authorized by law, at the time the enactment was made, to administer executive Government in any part of British India shall, where a corresponding new authority has been constituted by the Government of India Act, 1919, be construed for all purposes, after the above mentioned date, as a reference to such new authority." |
| 1914 | X | The Repealing and Amending Act, 1914. | In the First Schedule, for the short title "The Indian Airships Act, 1911," in the third column against Act XVII of 1911 the following shall be substituted, namely:- "The Indian Aircraft Act, 1911." |
| 1914 | XVII | The Second Repealing and Amending Act, 1914. | In the Second Schedule, for the short title "The Indian Air ships Act, 1911." in the third column against Act XVII of 1911 the following shall be substituted, namely:- "The Indian Air oraft Act, 1911." |
| 1920 | XVIII | The Dacca University Act, 1920. | In section 45, for the words from "Every such arbitration" to the end of the section the following shall be substituted, namely:- "Every such request shall be deemed to be a submission to arbitration upon the terms of this section, within the meaning of the Indian Arbitration Act, 1899, and all the provisions of that Act, with the exception of section 2 thereof, shall apply accordingly." In sub-section (1) of section 46, for the words "a pension or provident fund" the following shall be substituted, namely:- "such pension and provident funds as it may deem fit." |
| 1920 | XIX | The Super-tax Act, 1920. | In clause (1) of the Schedule, for the words "Where the taxable income does not exceed one lakh of rupees" the words "In respect of the first lakh of rupees of taxable income" shall be substituted, and shall be deemed to have been substituted with effect from the commencement of the Supertax Act, 1920. |
Schedule 2
Repeals.
(See section 3.)
| 1891 | XII | The Amending Act, 1891. | So much of Part I of the Second Schedule as relates to section 24 of Act III of 1864. So much of Part I of the Second Schedule as relates to section 26 of Act IX of 1874. |
| 1900 | 1[Repealed] | ||
| 1911 | II | The Indian Patents and Designs Act, 1911. | Section 81. |
| 1914 | IV | The Decentralization Act, 1914. | So much of the Schedule as relates to Act III of 1879, Act IV of 1904, and Act XIII of 1908. |
| 1914 | X | The Repealing and Amending Act, 1914. | So much of the Second Schedule as relates to Act III of 1879. |
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Prior to Amendment by Act 7 of 1924, Schedule read as:
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Repeals.
(See section 3.)
| 1891 | XII | The Amending Act, 1891. | So much of Part I of the Second Schedule as relates to section 24 of Act III of 1864. So much of Part I of the Second Schedule as relates to section 26 of Act IX of 1874. |
| 1900 | VI | The Lower Burma Courts Act, 1900. | Section 16 and so much of Part I of the First Schedule as relates to sections 19 and 21 of Act V of 1880. |
| 1911 | II | The Indian Patents and Designs Act, 1911. | Section 81. |
| 1914 | IV | The Decentralization Act, 1914. | So much of the Schedule as relates to Act III of 1879, Act IV of 1904, and Act XIII of 1908. |
| 1914 | X | The Repealing and Amending Act, 1914. | So much of the Second Schedule as relates to Act III of 1879. |
1 Repealed by Act 7 of 1924, S. 3 and by Sch. II.