Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA REPEALING AND AMENDING ACT, 2002 13 of 2003 [31st March, 2003] CONTENTS 1. Short title and commencement 2. Definition 3. Repeal of certain enactments 4. Amendment of certain enactments 5. Savings SCHEDULE 1 :- REPEALED ACTS Part I State Acts SCHEDULE 2 :- Amendments KARNATAKA REPEALING AND AMENDING ACT, 2002 13 of 2003 [31st March, 2003] An Act to repeal certain enactments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:- 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. 2. Definition :- Unless the context otherwise requires "Schedule" means a Schedule annexed to this Act. 3. Repeal of certain enactments :- The enactments specified in the First Schedule are hereby repealed. 4.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. 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 Savings :- (1) The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already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the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction,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 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 The Karnataka State Aid to Industries Act, 1959 8 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 The Hyderabad Jagirs (Commutation) Regulation 0 30 e yde abad Jag s (Co utat o ) egu at o (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 The Mysore Betting Tax (Karnataka Amendment) Act, 35 22 e yso e ett g a ( a ata a e d e t) ct, 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 The Karnataka Civil Services (Exclusion of the service 50 27 e a ata a C Se ces ( c us o o t e se ce 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 The Karnataka Tax on Entry of Goods (Amendment) Act 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 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 9 e a ata a a d e e ue ( e d e t) ct, 000 120. 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 SCHEDULE 2 Amendments 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 In Section 8 with effect from 1st Sales Tax 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)"