Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Madras Repealing And Amending Act, 1957 25 of 1957 [25 December 1957] CONTENTS 1. Short title 2 . Declaration respecting certain enactments inapplicable to the State of Madras 3. Repeal of certain enactments 4. Amendment of certain enactments 5. Savings SCHEDULE 1 :- FIRST SCHEDULE SCHEDULE 2 :- SECOND SCHEDULE SCHEDULE 3 :- THIRD SCHEDULE Madras Repealing And Amending Act, 1957 25 of 1957 [25 December 1957] PREAMBLE An Act to repeal certain enactments and to amend certain other enactments. WHEREAS it is expedient that the enactments specified in the First Schedule which have in consequence of the formation of the State of Andhra and the reorganisation of States, ceased to be in force in the State of Madras, should be formally declared to be no part of the laws in force in the State of Madras; And WHEREAS it is further 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or have ceased to be in force otherwise than by expressed specific repeal, should be expressly and specifically repealed; AND WHEREAS it is also expedient that certain amendments should be made in the enactments specified in the Third Schedule; BE it enacted in the Eighth Year of the Republic of India as follows:-- 1. For Statement of Objects and Reasons, see Fort St. George Gazette, Extraordinary, dated the 17th October 1957, Part IV-A, pages 71-73. 1. Short title :- This Act may be called the Madras Repealing and Amending Act, 1957. 2. Declaration respecting certain enactments inapplicable to the State of Madras :- The enactments specified in the First Schedule are hereby formally declared to be no part of the laws in force in the State of Madras. 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 Repeal of certain enactments :- The enactments specified in the Second Schedule are hereby repealed to the extent mentioned in the fourth column thereof. 4. Amendment of certain enactments :- The enactments specified in the Third Schedule are hereby amended to the extent and in the manner mentioned in the fourth column thereof. 5. Savings :- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequence of anything already done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, recognized 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 FIRST SCHEDULE THE FIRST SCHEDULE. Enactments no longer part of the laws in force in the State of Madras. (See section 2.) Year. Number. Short title. (1) (2) (3) Central Regulations of Local Application. 1909 I The Nugur, Albaka and Cherla Laws and Cesses Regulation, 1909. 1912 I The Laccadive Islands and Minicoy Regulation, 1912. Central Acts of Local Application. 1881 XVIII The Central Provinces Land Revenue Act, 1881. 1883 I The Central Provinces Local Self-Government Act, 1883. 1898 XI The Central Provinces Tenancy Act, 1898. Madras Regulations. Year. Number. Short title. (1) (2) (3) Madras Regulations. 1937 I The Madras Agency Rules (Amendment) Regulation, 1937. 1939 II The Madras Agency Rules (Amendment) Regulation, 1939. 1940 I The Madras (Partially Excluded Areas) Village Courts Regulation, 1940. 1940 III The Madras Agency Debt Bondage Abolition Regulation, 1940. 1940 IV The Madras Agency Rules (Amendment) Regulation, 1940. 1940 V The Madras (Partially Excluded Areas) Court of Wards Regulation, 1940. 1940 VI The Madras (Partially Excluded Areas) Guardians and Wards Regulation, 1940. 1940 VII The Madras Agency Rules (Second Amendment) Regulation, 1940. 1942 III The Amindivi Islands Court Fees Regulation 1942 1942 III The Amindivi Islands Court Fees Regulation, 1942. 1942 IV The Madras Agency Rules (Amendment) Regulation, 1942- 1943 V The West Godavari (Ganjam and Vizagapatam Act Extension) Regulation, 1942. 1943 I The Madras (Partially Excluded Areas) (Estates Land Repealing) Regulation, 1943. 1943 II The Golgonda and Polavaram Taluks (Local Taxation and Fees) Regulation, 1943. 1944 I The Madras Agriculturists Relief (Partially Excluded Areas Amendment) Regulation, 1944. 1945 II The Madras (partially Excluded Areas) Compulsory Vaccination Regulation, 1945. 1946 I The Madras Agency Rules (Amendment) Regulation, 1946. 1946 II The Madras Agency Rules (Second Amendment) Regulation, 1946. 1947 I The Madras Agency Rules (Amendment) Regulation, 1947. 1947 II The Madras Agency Rules (Second Amendment) Regulation, 1947. 1948 I The Madras Agency Rules (Amendment) Regulation, 1948. 1949 II The Madras Agency Rules (Amendment) Regulation, 1949 1951 I The Madras Scheduled Areas (Validation of Succession Certificates) Regulation, 1951. 1951 II The Madras Agency Rules (Amendment) Regulation, 1950. 1951 III The Scheduled Areas Estates Land (Reduction of Rent Amendment) Regulation, 1951. 1951 IV The Madras Scheduled Areas Estates (Abolition and Conversion into Ryotwari) Regulation, 1951. Year. Number. Short title. (1) (2) (3) Madras Acts. 1917 I The Agency Tracts Interest and Land Transfer Act, 1917. 1920 XIII The Mulgeni Rent Enhancement Act, 1920. 1926 II The Andhra University Act, 1925. 1926 VII The Kirlampudi Band C Estates, Dontamuru and Rayavaram Impartible Estates Act, 1926. 1928 V The Jaggampeta A and D Estates Impartible Estates Act, 1928. 1929 VIII The Mirzapuram and Pedagonnur Impartible Estates Act, 1929. 1929 IX The Ellamarru and Penjendra Impartible Estates Act, 1929. 1933 I The Kapileswarapuram Impartible Estate Act, 1932. 1932 II The Anakapalle and other Impartible Estates Act, 1932. 1947 VII The Malabar Irrigation Works (Construction and Levy of Cess) Act, 1947. 1947 XIII The Tungabhadra Project (Prevention of Speculation in Land) Act, 1947. 1949 XIV The West Godavari District (Assimilation of Laws on Provincial and Concurrent Subjects) Act, 1949. 1950 XII The Andhra University (Amendment) Act, 1950. 1951 XXIX The Andhra University (Amendment) Act, 1951. 1953 XV The Tuticorin Port Trust (Application to Mangalore) Act, 1953. 1955 II The South Kanara Cultivating Tenants Protection (Amendment) Act, 1935 1956 II The South Kanara Cultivating Tenants Protection (Amendment) Act, 1956. SCHEDULE 2 SECOND SCHEDULE THE SECOND SCHEDULE. Repeals. (See section 3.) Year. (1) Number. (2) Short title. (3) Extent of repeal. (4) Regulation of the Governor of Fort St. George in Council. 1802 XXIX The Madras Karnams Regulation, 1802. Madras Acts. Sections 3 and 10. 1864 II The Madras Revenue Recovery Act, 1864. Section 61 1878 VIII The Madras Coffee-stealing Prevention Act, 1878. Section 13, 1871 I The Madras Cattle Disease (Amendment) Act, 1879. The whole. Year. Number. Short title. Extent of repeal (1) (2) (3) Madras Acts--cont. (4) 1881 I The Madras Ports Police Act, The whole. 1881 I The Madras Ports Police Act, 1881; The whole. 1888 III The Madras City Police Act, 1888. Section 4, 1895 III The Madras Hereditary Village-offices Act, 1895. Sub-sections (2) and (3) of section 2. 1908 I The Madras Estates Land Act, 1908. Section 2. 1909 IV The Madras Estates Land (Amendment) Act, 1909. Section 9. 1909 VI The Arni Jagir Act, 1909. The whole. 1911 IV The Madras Limited Proprietors Act, 1911. Section 2. 1913 II The Madras Irrigation Cess (Amendment) Act, 1913. Sections 1 to 4. 1914 III The Madras Proprietary Estates Village-service (Amendment) Act, 1914. Section 2. 1914 VIII The Madras Decentralization Act, 1914. The Schedule. 1918 II The Doddappanayakkanur and Vuyyuru Impartible Estates Act, 1918. The whole. 1933 IV The Madras District Municipalities (Second Amendment) Act, 1933. The whole. 1933 V The Madras Local Boards (Second Amendment) Act, 1933. The whole. 1933 XX The Madras Commercial Crops Markets Act, 1933. Sub-section (3) of section 11. 1935 XIII The Madras Local Boards (Amendment) Act, 1935. The whole. 1938 II The Madras City Municipal District Municipalities and Local Boards (Amendment) Act, 1938. , The whole. 1938 XXI The Madras Removal of Civil Disabilities Act, 1938. The whole. 1940 VI The Madras Irrigation Cess (Amendment) Act, 1940. The whole. 1943 XIX The Madras Local Boards (Second Amendment) Act, 1943. The whole. 1943 XXIII The Madras Pawnbrokers Act, 1943. Sub-section (1) of section 23. 1943 XXVIII The Madras Elementary The whole. 1943 XXVIII The Madras Elementary Education (Amendment) Act, 1943. The whole. Year, Number. Short title. Extent of repeal. (I) (2) (3) Madras Acts--cont. (4) 1944 The Madras Estates Land (Temporary Amendment) Act, 1944. The whole. 1944 III The Madras City Municipal and District Municipalities (Amendment) Act, 1944. The whole. 1945 II The Madras Estates Land (Amendment) Act, 1945. The whole. 1946 VII The Madras District Municipalities and Local Boards (Amendment) Act, 1946. The whole. 1946 VIII The Madras Elementary Education (Amendment) Act 1946. The whole. 1947 VI The Madras City Municipal (Second Amendment) Act, 1947. The whole. 1947 XII The Madras High Court (Jurisdictional Limits) Amendment Act, 1947. The whole. 1947 XXVI The Madras Hindu Womens Rights to Property (Extension to Agricultural Land) Act, 1947. The whole. 1948 XVI The Madras General Sales Tax (Amendment) Act, 1948. The whole. 1949 XII The Industrial Disputes (Madras Amendment) Act, 1949. The whole. 1950 I The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950, The whole. 1950 II The Madras Appropriation Act, 1950. The whole. 1950 VIII The Madras Tenants and Ryots Protection (Amendment) Act, 1950. The whole. 1950 XXVII The Madras Appropriation The whole. 1950 XXVII The Madras Appropriation (No. 2) Act, 1950. The whole. 1951 III The Madras Appropriation Act, 1951. The whole. 1951 IV The Madras Appropriation- (No. 2) Act, 1951. The whole. 1951 XII The Madras Village Panchayats (Amendment) Act) 1951. The whole. 1951 XXI The Madras District Boards (Amendment) Act, 1951. The whole. 1951 XXXVII The Madras Appropriation (No. 3) Act. 1951. The whole. Year. (1) Number. (2) Short title. (3) Extent of repeal. (4) Madras Acts--cant. 1952 I The Madras Appropriation Act, 1952. The whole. 1952 II The Madras Consolidated Fund (Withdrawal of Moneys) Act, 1952. The whole. 1952 VII The Madras District Boards (Amendment) Act, 1952. The whole. 1952 XVII The Indian Registration (Madras Amendment) Act, 1952. The whole SCHEDULE 3 THIRD SCHEDULE THE THIRD SCHEDULE. Amendments. (See section 4.) Year. Number. Short title. Amendments. (1) (2) (3) (4) Regulation of the Governor of Fort St, George in Council. 1803 II The Madras Collectors Regulation, 1803. In section 2, the words "who shall be covenanted civil servants of the Government" shall be omitted and in the marginal note to that section, for the words "covenanted civil servants", the word "Collectors" shall be substituted. Central Act of Local Application. 1851 XII The Madras City Land- revenue Act, 1851. 1. In section 1, for the words "walls of George Town," the words "Presidency-town of Madras" shall be substituted. 2. In section 3, for the word "laid", the word "levied" shall be substituted. Madras Acts. 1864 II The Madras Revenue Recovery Act, 1864. 1. In section 62, the words and figures "Regulation XXVIII of 1802 and shall be omitted, and in the marginal note to that section, the figures and words "XXVIII of 1802 and" shall be omitted. Year. Number. Short title. Amendments. (1) (2) (3) (4) Madras Acts--cont. 1864-- cont. II-- cont. The Madras Revenue Recovery Act., 1864-- cont. 2. In section 63, the words and figures "Regulation V of 1804 and of" shall be Omitted, and in the marginal note to that section, for the words and figures "Regulations V of 1804 and", the word "Regulation" shall be substituted. 1888 III The Madras City Police Act, 1888. In section 71, clause (xvi)-- (i) for the words "upon the public place," the words "upon any public place " shall be substituted; (ii) for the words "the public place or any such building", the words "any such public place or any such building" shall be substituted. 1889 I The Madras Village Courts Act, 1888. 1. In section 9, sub-section (3-A), for the words "Depressed or Backward classes", the words "members of the Scheduled Castes or Scheduled Tribes or Backward classes shall be substituted. 2. In the marginal note to section 77, for the word "section", the word "sections" shall be substituted. 1891 I The Madras General Clauses Act, 1891. In section 3, clause (28), for the words and letters "a Part A State or a Part C State", the word "India" shall be substituted. 1896 III The Malabar Land Registration Act, 1895. In section 18, the words " of the Madras Code " shall be Omitted, 1898 V The Malabar Wills Act, 1898. In section 1, sub-section (3), the proviso shall be omitted. 1902 I The Madras Court of Wards Act, 1902. In section 33 -- (i) in clause (d), for the words and letters "any Act of the Legislature of a Part A State or a Part C State", the words: " any State Act" shall be substituted; (ii) in clause (f), for the words and letters "a Part A State or a Part C State", the word "India" shall be substituted. Year. (1) Number. (2) Short title. (3) Amendments. (4) Madras Acts--cont. 1919 IV The Madras City Municipal Act, 1919, 1. In the proviso to section no, for the words "Indian Companies Act", the words and figures "Companies Act, 1956 " shall be substituted. 2. In section 129-A, Explanation 2, in the proviso to clause (b), for the words "do not extend", the words "does not extend" shall be substituted. 1920 IV The Madras Children Act, 1920, In section 35-A, in the provisos to sub-sections (1) and (2), the word "State" shall be omitted. 1920 V The Madras District Municipalities Act, 1920. 1. In section 3, clause (8-B) for the words "State of India", the words "part of India" shall be substituted. 2. In section 331, sub-section (1), clause (d), for the words "fixing the same in some conspicuous part", the words "affixing the same on some conspicuous part " shall be substituted. 1920 VII The Madras Town- Planning Act, 1920. 1. In section 38, sub-section (1), for the words "on this behalf", the words "in this behalf" shall be substituted. 2. In section 48, sub-section (1), clause (c), after the words "Code of Criminal Procedure", the figures "1898" shall be inserted. 1920 XIV The Madras District Boards Act, 1920. In section 3, clause (7-B), for the words " State of India", the words "part of India", shall be substituted. 1922 VI The Madras Stamp (Amendment) Act, 1922. In new section 19-A of the Indian Stamp Act, 1899, inserted by section 7-- (i) for the words and letters "any part A State or Part C State", the words "any part of India" shall be substituted; (ii) for the words "the State concerned", in the two places where they occur, the words "that part" shall be substituted; Year. Number. Short title. Amendments. (1) (2) (3) (4) Madras Acts--cont. 1922-- cont. VI-- cont. The Madras Stamp (Amendment) Act, 1922--cont. (iii) for the words and letter "any State other than a Part B State", the word "India" shall be substituted. 1923 VIII The Madras Survey and Boundaries Act, 1923. In section 15, sub-section (3), for the word, brackets and figure "sub- clause (2)", the word, brackets and figure "sub-section (2)" shall be substituted. 1926 V The Madras Borstal Schools Act, 1925. In section 13-A-- (i) in sub-sections (1) and (2), for the words "any other State in India", the words "any other part of India" shall be substituted; (ii) in the provisos to sub-sections (1) and (2), for the words "other State concerned" the words "other State concerned or the Central Government, as the case may be" shall be substituted; (iii) in sub-section (3), for the words "any other State in India", the words "any other part of India shall be substituted. 1932 VI The Madras Go- operative Societies Act, 1932. In section 43, sub-section (5), for the word "Provincial", the word "State" shall be substituted. 1933 XX The Madras Commercial Crops Markets Act, 1933. In section 20, sub-section (3), for the words "provincial revenues", the words "the revenues of the State" shall be substituted. 1935 VII The Madras Debtors Protection Act, 1934. In section 2, in sub-clause (a) of clause (1) and sub-clause (a) of clause 12), for the words "any State", the word "India" shall be substituted. 1938 IV The Madras Agriculturists Relief Act, 1938. In section 3, clause (ii)-- (i) in proviso (A), for the words and letter "Part B State", the words, figures and letters "territory which immediately before the 1st November 1956 was comprised in a Part B State" shall be substituted; Year. Number. Short title. Amendments. (1) (2) (3) (4) Madras Acts--cont. 1938-- cont. IV-cont. The Madras Agriculturists Relief Act, 1938--cont. (ii) in provisos (B) and (C), for the words "any other State in India", the words "any other State or Union territory in India" shall be substituted. 1939 IX The Madras General Sales Tax Act, 1939. In section 2-A, in sub-section (5), for the word, brackets and figure "sub-section (3)", the word, brackets and figure "sub-section (4)" shall be substituted. 1940 XX The Indian Medical Degrees (Madras In section 6-A of the Indian Medical Degrees Act, 1916, Amendment) Act, 1940. inserted by section 3, in sub- section (1), clause (b), sub-clause (i), for the words and letters "any Part A State Or Part C State", the word "India" shall be substituted. 1943 XVIII The Madras Irrigation Works (Repairs, Improvement and Construction) Act, 1943. In section 3, sub-section (1), clause (a), for the word "clauses " the word "clause" shall be substituted. 1943 XXIII The Madras Pawnbrokers Act, 1943. In section 2, clause (2), sub-clause (a), for the words "in any State Or", the words "in India Or" shall be substituted. 1947 IX The Bar Councils and Legal Practitioners (Madras Amendment) Act, 1947. To new sections 13-A and 22-A of the Legal Practitioners Act, 1879, inserted by section 3, the following marginal notes shall respectively be inserted, namely:-"Pleaders and Mukhtars not to be punished for holding political opinions, etc.", "Revenue agents not to be punished for holding political opinions, etc " 1947 XXXI The Madras Devadasis (Prevention of Dedication) Act, 1947. In section 3, sub-section (i), for the words, figures and letter "section 44-A of the Madras Hindu Religious Endowments Act, 1926", the words and figures "section 34 of the Madras Hindu Religious and charitable Endowments Act, 1951" shall be substituted. 1948 II The Madras Silkworm Diseases (Prevention and Eradication) Act, 1948. In section 4, sub-section (1), for the word "thereof , the word whereof" shall be substituted. Year. Number. Short title. Amendments (1) (2) (3) (4) Madras Acts--cont. 1948 XIV The Madras Aided Institutions (Prohibition of Transfers of Property) Act, 1948. In section 2, clause (2), sub-clause (c), for the words "class of institution", the words "class of institutions" shall be substituted. 1948 XXIV The Madras Public Libraries Act, 1948. In section 15, for the words " the Act", in the two places where they occur, the words "this Act" shall be substituted. 1948 XXVI The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948. In section 3, clause (3)-- (i) for the words "The Madras Estates", the words "the Madras Estates" shall be substituted; (ii) for the words "in so far it relates" the words "in so far as it relates" shall be substituted. 1949 xviii The Muslim Personal Law (Shariat) Application (Madras Amendment) Act, 1949. 1. In section 2, after the brackets and word "(Shariat)", the word "Application" shall be inserted. 2. In section 3-- (i) the following marginal note shall be inserted, namely:-- "Substitution of new section for section 2 Central Act XXVI of 1937": (ii) before the word "Notwithstanding", the figure "2" shall be inserted. 1949 XXV The Madras Buildings (Lease and Rent Control) Act, 1949. 1. For section 9, the following section shall be, and shall be deemed always to have been, substituted, namely:- "9. Execution of orders-- Every Order made under section 7 or section 8 and every order passed on appeal under section 12 or on revision under section 12-B shall be executed-- (i) in the City of Madras, by the Principal Judge of the Madras City Civil Court and during the vacation of that Court, by the Vacation Judge of the Court of Small Causes, Madras; Year. Number. Short title. Amendments. (1) (2) (3) (4) Madras Acts--cont. 1949-- Cont. XXV-- cont. The Madras Building (Lease and Rent Control) Act, 1949 --cont. (ii) elsewhere-- (a) by the District Munsif or if there are more than one District Munsif, by the Principal District Munsif having Original jurisdiction over the area in which the building is situated; or (b) if there is no such District Munsif, by the Subordinate Judge, or if there are more than one Subordinate Judge, by the Principal Subordinate Judge having original jurisdiction over the area aforesaid; Or (c) if there is no such District Munsif or Subordinate Judge, by the District Judge having jurisdiction; as if it were a decree passed by him: Provided that an order passed in execution under this section shall not be subject/to an appeal, but shall be subject to revision under section 12-B". 2. In sections 10, 18 (i)(iii) and 22, for the words "Extra- Provincial Jurisdiction Act", the words "Foreign Jurisdiction Act" shall be substituted. 1949 XXIX The Madras Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949. 1. In sections 9 (1) (b), 20 (1) (c) and 22, for the words "Extra- Provincial Jurisdiction Act" the words "Foreign Jurisdiction Act" shall be substituted. 2. In section 21, sub-section (1), clause (a), after the words "Pudukkottai State", the words and figures " under the Foreign Jurisdiction Act, 194" shall be inserted. Year. Number. Short title. Amendments. (1) (2) (3) (4) Madras Acts--cont. 1950 X This Madras Village Panchavats Act, 1950. In section 94 and in the heading and marginal note to that section, before the word "Places", the word "Madras" shall be inserted. 1954 XIX The Madras Land Revenue (Surcharge) Act, 1954. In the second proviso to section 5-A, after the words "further that", the word "at" shall be inserted. 1955 I The Madras Indebted In section 2, clause (a), item 1955 I The Madras Indebted Agriculturists (Repayment of Debts) Act, 1955. In section 2, clause (a), item (iv), for the words "under the law of any other State relating to sales tax", the words " under the law of any other part of India relating to sales tax" shall be substituted. 1955 XXXIV The Code Of Criminal Procedure (Madras Amendment) Act, 1955. In paragraph (2) under the heading (I) CHARGES WITH ONE HEAD" in Form No. XXVIII in Schedule V to the Code of Criminal Procedure, 1898 amended by section 48, clause (b), for the words "Governor or Rajpramukh in the three places where they occur, the words "or Governor" shall be substituted. 1956 XLIV The Madras Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956. In section 1 sub-section (2) before the word and figures " section 23", the word "and" shall be inserted.