Karnataka act 047 of 2017 : The KARNATAKA REPEALING OF CERTAIN ENACTMENTS ACT, 2017

KARNATAKA ACT NO 47 OF 2017

THE KARNATAKA REPEALING OF CERTAIN ENACTMENTS ACT, 2017

Arrangement of Sections

STATEMENT OF OBJECTS AND REASONS

Sections:

1. Short title and Commencement

2. Definitions

3. Repeal of certain enactments

4. Savings Frist Schedule Second Schedule

STATEMENT OF OBJECTS AND REASONS

Amending Act 47 of 2017.- It is considered necessary to repeal the amendment Acts from the year 2012 to 2015 and also laws which are redundant or have lost their significance as suggested by the Government of India and as recommended by the Law Commission of India in its 248^th, 249^thand 251^stReports and by the Ramanujam Committee constituted by the office of the Prime Minister of India. In particular, Improvement in Towns Act, 1850 (26 of 1850) and the Bangalore Marriages Validating Act, 1936 (16 of 1936), which are recommended by the Law Commission of India, and as well as Ramanujam Committee, are also included in this repealing of certain enactments Bill,

2017.

Hence, the Bill. [L.A. Bill No.39 of 2017, File No. Samvyashae 40 Shasana 2017] [Article 246 and matters in List II and III of seventh schedule to the Constitution of India]

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KARNATAKA ACT NO 47 OF 2017

(First Published in the Karnataka Gazette Extra-ordinary on the 8^thday of December, 2017)

THE KARNATAKA REPEALING OF CERTAIN ENACTMENTS ACT, 2017

(Received the assent of the Governor on the 6^thday of December, 2017) An Act to repeal certain enactments in the State of Karnataka. Whereas it is expedient to repeal certain enactments in force in the State. Be it enacted by the Karnataka State Legislature in the sixty eighth 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 Act, 2017.

(2) It shall come into force at once.

2. Definitions.- In this Act, unless the context otherwise requires, "Schedule" means a Schedule annexed to this Act.

3. Repeal of certain enactments.- The enactments specified in the First and Second Schedule are hereby repealed to the extent mentioned in the fifth column thereof.

4. Savings.- (1) The repeal by this Act of any enactment,-

(i) shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;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 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 hereby repealed;

(iv) shall not revive or restore any jurisdiction, office, custom, liabilitiy, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force;

(v) 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;

(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

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(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 sections 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.

First Schedule Repealed Enactments (See Sections 2 and 3)

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SL. A

No. Year ct Short Title Extent of No. Repeal

(1) (2) (3) (4) (5)

Amendment) Act, 2010.

22. 29 The Karnataka Motor Vehicles Taxation (Second The whole 2012 Amendment) Act, 2012. except

Section-5

23. 2012 30 The Karnataka Police (Amendment) Act, 2012. The whole

24. 31 The Karnataka Municipal Corporations and Certain Other The whole 2012 Law (Second Amendment) Act, 2012.

25. 32 The Karnataka Municipalities and Certain Other Law The whole 2012 (Amendment) Act, 2012.

26. 33 The Karnataka Homoeopathic Practitioners (Amendment) The whole 2012 Act, 2012. except

Section-5

27. 34 The Karnataka Command Areas Development The whole 2012 (Amendment) Act, 2012.

28. 35 The Karnataka Veterinary, Animal and Fisheries Science The whole 2012 University (Amendment) Act, 2012.

29. 36 The Karnataka Guarantee of Services to Citizens The whole 2012 (Amendment) Act, 2012.

30. 37 The Karnataka Private Medical Establishments The whole 2012 (Amendment) Act, 2012.

31. 38 The University of Agricultural Sciences and Certain Other The whole 2012 Law (Amendment) Act, 2012. except

Section 4

32. 2013 1 The Karnataka Appropriation (No.4) Act, 2012. The whole

33. 3 The Karnataka Co-operative Societies (Amendment) Act, The whole 2013

2012.

34. 4 The Karnataka Souharda Sahakari (Amendment) Act, The whole 2013

2012.

35. 5 The Karnataka Local Authorities (Prohibition of Defection) The whole 2013 (Amendment) Act, 2012.

36. 7 The Karnataka Legislature Salaries, Pensions and The whole 2013 Allowances (Second Amendment) Act, 2012.

37. 8 The Karnataka Legislature Salaries, Pensions and The whole 2013 Allowances (Third Amendment) Act, 2012.

38. 11 The Karnataka Land Revenue (Third Amendment) Act, The whole

2013 2011.

39. 2013 24 The Karnataka Appropriation Act, 2013. The whole

40. 25 The Karnataka Appropriation (Vote on account) Act, The whole 2013

2013.

41. 26 The Karnataka Excise (Amendment) Act, 2013. The whole 2013 except

Section-4

42. 2013 27 The Karnataka Taxation Laws (Amendment) Act, 2013. The whole

43. 28 The Bangalore Water Supply and Sewerage (Amendment) The whole 2013 Act, 2013.

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SL. Ac No. Year t Short Title Extent of No. Repeal

(1) (2) (3) (4) (5)

44. 2013 29 The Karnataka Stamp (Amendment) Bill, 2013. The whole

45. 30 The Karnataka Motor Vehicles Taxation (Amendment) Act, The whole 2013

2013.

46. 31 The Karnataka Electricity (Taxation on Consumption) The whole 2013 (Amendment) Act, 2013.

47. 2013 32 The Karnataka Value Added Tax (Amendment) Act, 2013. The whole

48. 34 The Mysore Palace (Acquisition and Transfer) The whole 2013 (Amendment) Act, 2013.

49. 38 The Karnataka Agricultural Produce Marketing The whole 2013 (Regulation and Development) (Amendment) Act, 2013.

50. 2013 49 The Karnataka Police (Amendment) Act, 2013. The whole

51. 2013 51 The Karnataka Land Revenue (Amendment) Act, 2012. The whole

52. 2013 52 The Karnataka Appropriation (No.2) Act, 2013. The whole

53. 2013 53 The Karnataka Taxation Laws (Second Amendment) Act, The whole

2013.

54. 2013 54 The Karnataka Value Added Tax (Second Amendment) The whole Act,2013.

55. 2013 55 The Karnataka Municipal Corporations (Amendment) Act, The whole

2013.

56. 2013 57 The Karnataka Town And Country Planning And Certain The whole Other Laws (Amendment) Act, 2009.

57. 2013 58 The Karnataka Government Parks (Preservation) The whole (Amendment) Act, 2013.

58. 2013 59 The Karnataka Appropriation (No.3) Act, 2013. The whole

59. 2013 60 The Karnataka Municipal Corporations (Amendment) Act, The whole

2013.

60. 2013 61 The Karnataka Prevention of Dangerous Activities of The whole Bootleggers, Drug-offenders, Gamblers, Goondas,

Immoral Traffic offenders and Slum-grabbers

(Amendment) Act, 2009.

61. 2013 63 The Karnataka Appropriation (No.4) Act, 2013. The whole

62. 2013 64 The Karnataka Regulation of Stone Crushers The whole (Amendment) Act, 2013.

63. 2013 66 The Karnataka Land Revenue (Amendment) Act, 2013. The whole

64. 2013 67 The Karnataka Town and Country Planning and Certain The whole Other Laws (Amendment) Act, 2013.

65. 2014 1 The Rajiv Gandhi University of Health Sciences The whole (Amendment) Act, 2013.

66. 2014 2 The Karnataka Slum Areas (Improvement and Clearance) The whole (Amendment) Act, 2013.

67. 2014 3 The Karnataka Industries (Facilitation) (Amendment) Act, The whole

2013.

68. 2014 4 The Karnataka State Commission for women The whole (Amendment) Act, 2013.

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SL. A

No. Year ct Short Title Extent of No. Repeal

(1) (2) (3) (4) (5)

69. 2014 5 The Karnataka Agricultural Produce Marketing The whole (Regulation and Development) (Second Amendment) Act,

2013.

70. 2014 6 The Universities of Agricultural Sciences (Amendment) The whole Act, 2013.

71. 2014 8 The Karnataka Legislature Salaries, Pensions and The whole Allowances (Amendment) Act, 2014.

72. 2014 10 The Karnataka Town and Country Planning (Amendment) The whole Act, 2014.

73. 2014 11 The Karnataka Excise (Amendment) Act, 2014. The whole

74. 2014 13 The Karnataka Appropriation (Vote on account) Act, The whole

2014.

75. 2014 14 The Karnataka Taxation Laws (Amendment) Act, 2014. The whole

76. 2014 15 The Karnataka Value added tax (Amendment) Act, 2014. The whole

77. 2014 16 The Karnataka Appropriation Act, 2014. The whole

78. 2014 17 The Karnataka Fiscal Responsibility (Amendment) Act, The whole

2014.

79. 2014 18 The Karnataka Motor Vehicles Taxation (Amendment) Act, The whole

2014.

80. 2014 19 The Karnataka Stamp (Amendment) Act, 2014. The whole except

Section 4

81. 2014 20 The Karnataka Agricultural Produce Marketing The whole (Regulation and Development (Amendment) Act, 2014.

82. 2014 21 The Karnataka Municipal Corporations (Amendment) Act, The whole

2014.

83. 2014 22 The Visvesvaraya Technological University (Amendment) The whole Act, 2011

84. 2014 23 The Karnataka Panchayat Raj (Second Amendment) Act, The whole 2013 except

Section-4

85. 2014 24 The Karnataka Appropriation (No.2) Act, 2014. The whole

86. 2014 25 The Karnataka Appropriation (No.3) Act, 2014. The whole

87. 2014 26 The Karnataka Land Revenue (Amendment) Act, 2014 The whole

88. 2014 27 The Karnataka Land Reforms and Certain other Law The whole (Amendment) Act, 2014

89. 2014 28 The Karnataka Sugarcane (Regulation of purchase and The whole Supply) (amendment) Act, 2014

90. 2014 30 The Karnataka Home Guards (Amendment) Act, 2014 The whole

91. 2014 31 The Karnataka Sakala Services (Amendment) Act, 2014 The whole

92. 2014 33 The Karnataka State commission for Backward Classes The whole (Amedment) Act, 2014

93. 2014 34 The Karnataka Souharda Sahakari (Amendment) Act, The whole

2014

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SL. Ac No. Year t Short Title Extent of No. Repeal

(1) (2) (3) (4) (5)

94. 2014 35 The Karnataka Co-Operative Societies (Amendment) Act, The whole

2014

95. 2014 36 Sri Malai Mahadeswarawamy Kshethra Development The whole Authority (Amendment) Act, 2014

96. 2014 37 The Universities of Agricultural Sciences (Amendment) The whole Act, 2014

97. 2015 01 The Karnataka Appropriation (No.4) Act, 2014. The whole

98. 2015 02 The Karnataka Land Reforms and Certain Other Law The whole (Amendment) Act, 2014.

99. 2015 03 The Karnataka Stamp (Second Amendment) Act, 2014 The whole 100 2015 04 The Karnataka Education (Amendment) Act, 2014. The whole

101. 2 015 05 The Karnataka Value Added Tax (Second Amendment) The whole Act, 2014.

102. 2 015 06 The Karnataka Municipalities and Certain Other Law The whole (Amendment) Act, 2014.

103. 2 015 07 The Karnataka Land Revenue (Second Amendment) Act, The whole

2012.

104. 2 015 08 The Karnataka Preservation of Trees (Amendment) Act, The whole

2014.

105. 2 015 09 The Karnataka Court Fees and Suits Valuation The whole (Amendment) Act, 2014.

106. 2 015 12 The Karnataka Appropriation Act, 2015 The whole

107. 2 015 11 The Karnataka State Universities (Amendment) Act, 2014. The whole except

section 4

108. 2 015 13 The Karnataka Appropriation (Vote On Account) Act, The whole

2015

109. 2 015 14 The Karnataka Taxation Laws (Amendment) Act, 2015 The whole

110. 2 015 15 The Karnataka Value Added Tax (Amendment) Act, 2015 The whole

111. 2 015 16 The Karnataka Stamp (Amendment) Act, 2015 The whole

112. 2 015 17 The Karnataka Panchayath Raj (Amendment) Act, 2015 The whole

113. 2 015 18 The Karnataka Legislature Salaries, Pensions And The whole Allowances (Amendment) Act, 2015

114. 2 015 19 The Karnataka Ministers Salaries And Allowances The whole (Amendment) Act, 2015

115. 2 015 20 The Karnataka Transparency In Public Procurements The whole (Amendment) Act, 2015

116. 2 015 23 The Karnataka State Civil Services (Regulation Of The whole Transfer Of Teachers) (Amendment) Act, 2015

117. 2 015 24 The University Of Horticultural Sciences (Amendment) The whole Act, 2015

118. 2 015 27 The Karnataka Appropriation (No. 2) Act, 2015 The whole

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SL. A

No. Year ct Short Title Extent of No. Repeal

(1) (2) (3) (4) (5)

119. 2 015 28 The Karnataka Appropriation (No.3) Act, 2015 The whole

120. 2 015 30 The Karnataka Small Cause Courts And Certain Other The whole Law (Amendment) Act, 2015.

121. 2 015 31 The Karnataka Land Revenue (Amendment) Act, 2015 The whole

122. 2 015 32 The Karnataka State Civil Services (Regulation Of The whole Transfer Of Teachers) (Second Amendment) Act, 2015

123. 2 015 33 The Karnataka Land Reforms (Amendment) Act, 2015 The whole

124. 2 015 34 The Karnataka State Universities (Amendment) Act, 2015 The whole except

Sections 7

and 8.

125. 2 015 35 The Karnataka Lokayukta (Amendment) Act, 2015 The whole

126. 2 015 36 The Visveswaraiah Technological University (Amendment) The whole Act, 2015

127. 2 015 37 The Karnataka Veterinary, Animal And Fisheries The whole Sciences University (Amendment) Act, 2014

128. 2 015 38 The Karnataka Town And Country Planning (Amendment) The whole Act, 2015

129. 2 015 39 The Karnataka Professional Educational Institutions The whole (Regulation Of Admission And Determination Of Fee)

(Amendment) Act, 2015

130. 2 015 40 The Karnataka Appropriation (No. 5) Act, 2015 The whole

131. 2 015 41 The Karnataka Forest (Amendment) Act, 2015 The whole

132. 2 015 42 The Karnataka Municipal Corporation and certain other The whole law (Amendment) Act, 2015.

133. 2 015 43 The Karnataka Industries (Facilitation) (Amendment) Act, The whole

2015

134. 2 015 44 The Karnataka Pachayat Raj (Second Amendment) Act, The whole

2015.

Second Schedule Repealed Enactments (See Sections 2 and 3)

Second Schedule Repealed Enactments (See Sections 2 and 3) SL. Year Act Short Title Extent of No. No. Repeal

(1) (2) (3) (4) (5)

1. 1850 26 Improvement in Towns Act, 1850. The whole

2. 1936 16 The Bangalore Marriages Validating Act, 1936. The whole

3. 1971 10 The Mysore Appropriation (Vote and Account) Act, The whole

1971

4. 1971 11 The Mysore Appropriation Act, 1971 The whole

5. 1971 27 The Mysore Appropriation (No.2) Act, 1971 The whole

6. 1989 28 The Karnataka Appropriation Act, 1989. The whole

7. 2008 07 The Karnataka Appropriation (Vote on account) Act, The whole

2008.

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VAJUBHAI VALA

GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka

K. DWARAKANATH BABU

Secretary to Government Department of Parliamentary Affairs

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