Repealing and Amending Act, 19351
| [Act No. 12 of 1935] | [30th September, 1935] |
Passed by the Indian Legislature.
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 the enactments specified in the Second Schedule, which are spent or have otherwise become unnecessary, or have ceased to be in force otherwise than by expressed specific, repeal, should be expressly and specifically repealed;
It is hereby enacted as follows:-
1 Received the assent of the Governor General on the 30th September, 1935.
1. Short title.- This Act may be called the "Repealing and Amending Act, 1935".
2. Amendment of certain enactments.- The enactments specified in the First Schedule are hereby amended to the extent and in the manner 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 Repeal of certain enactments.- The enactments specified in the Second Schedule are hereby repealed to the extent mentioned in the fourth column thereof.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. Savings.- The repeal by this Act of any enactment shall not affect any Act or Regulation in which such enactment has been applied, incorporated on 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the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;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.
Schedule 1
The First Schedule
Amendments.
(See section 2.)
| Year. | No. | Short title. | Amendments. |
| 1 | 2 | 3 | 4 |
| Acts of the Indian Legislature. | |||
| 1922 | XI | The Indian Income-tax Act, 1922. | In sub-section (9) of section 18, after the words "payment of interest" the words "or dividends" shall be inserted, and for the words "the interest is paid" the words "such payment is made" shall be substituted. |
| 1923 | XXI | The Indian Merchant Shipping Act, 1923. | In clause (e) of sub-section (1) of section 146, for the words "native passenger ships" the words "un-berthed passenger ships" shall be substituted. |
| 1924 | II | The Cantonments Act, 1924 | In section 2,- (a) clause (ix) shall be omitted; and (b) after clause (xxiv) the following clause shall be inserted, namely:- "(xxiva) ‘Officer Commanding the station’ means the military officer for the time being in command of the forces in a cantonment, or, if that officer is the Officer Commanding the District or Officer Commanding-in-Chief, the Command, the military officer who would be in command of those forces in the absence of the Officer Commanding the District and Officer Commanding-in Chief, the Command;". |
Schedule 2
The Second Schedule
Repeals.
(See section 3.)
| Year. | No. | Short title. | Extent of repeal. |
| 1 | 2 | 3 | 4 |
| Act of the 1[President] in Council. | |||
| 1920 | XXXI | The Repealing and Amending Act, 1920. | The entry in the First-Schedule relating to the Repealing and Amending Act, 1914. |
| Acts of the Indian Legislature. | |||
| 1923 | XXI | The Indian Merchant Shipping Act, 1923. | In section 209A,- (a) in sub-section (1), before the words "2[Government]'s Representative", where they first occur, the word "the" shall be omitted and (b) in sub-section (2), before the words "3[Government]'s Representative" the word "the" shall be omitted. |
| 1934 | XXIII | The Mechanical Lighters (Excise Duty) Act, 1934. | Section 16. |
| 1934 | XXIV | The Repealing and Amending Act, 1934. | Sections 3 and 4 and the Second Schedule. |
| 1934 | XXXI | The Iron and Steel Duties Act, 1934. | In sub-section (3) of section 1, the words "and section 10". Sections 2, 3 and 10 and the Schedule. |
| Regulations. | |||
| 1922 | IV | The North-West Frontier Province Security Regulation, 1922. | The whole. |
| 1922 | V | The British Baluchistan Security Regulation, 1922. | The whole. |
| 1925 | II | The North-West Frontier Province Security (Amendment) Regulation, 1925. | The whole. |
| 1925 | III | The British Baluchistan Security (Amendment) Regulation, 1925. | The whole. |
| 1926 | II | The Manpur Laws Regulation, 1926. | The whole. |
| 1926 | VI | The Manpur Excise Regulation, 1926. | The whole. |
| 1927 | IV | The Manpur Land and Revenue Regulation, 1927. | The whole. |
| 1928 | III | The North-West Frontier Province Security (Amendment) Regulation, 1928. | The whole. |
| 1928 | IV | The British Baluchistan Security (Amendment) Regulation, 1928. | The whole. |
| 1930 | V | The Manpur Laws (Amendment) Regulation, 1930. | The whole. |
| 1931 | III | The North-West Frontier Province Public Safety Regulation, 1931. | The whole. |
| 1931 | V | The Manpur Courts Regulation, 1931. | The whole. |
| 1931 | VI | The Manpur Laws (Amendment) Regulation, 1931. | The whole. |
1 A.L.O., 1950 [C.O. 4], dt. 26-1-1950 (w.e.f. 26-1-1950).
2 A.L.O., 1950 [C.O. 4], dt. 26-1-1950 (w.e.f. 26-1-1950).
3 A.L.O., 1950 [C.O. 4], dt. 26-1-1950 (w.e.f. 26-1-1950).