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 248th, 249th and 251st Reports 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] 2 KARNATAKA ACT NO 47 OF 2017 (First Published in the Karnataka Gazette Extra-ordinary on the 8th day of December, 2017) THE KARNATAKA REPEALING OF CERTAIN ENACTMENTS ACT, 2017 (Received the assent of the Governor on the 6th day 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 Repeal of certain enactments.- The enactments specified in the First and Second Schedule are hereby repealed to the extent mentioned in the fifth column thereof. 4. Savings.- (1) The repeal by this Act of any enactment,- (i) shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; (ii) shall not affect the validity, invalidity, effect or consequences of anything already done or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 3 (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) SL. Act Short Title Extent of Year No. No. Repeal (1) (2) (3) (4) (5) 1. 2012 2 The Karnataka Stamp (Second Amendment) Act, 2011. The whole 2. 3 The Mysore (Religious and Charitable) Inams Abolition The whole 2012 (Karnatka Amendment) Act, 2011. 3. 2012 4 The Karnataka Appropriation (No.5) Act, 2011. T he whole 4. 2012 5 The Karnataka Appropriation (No.6) Act, 2011. The whole 5. 6 The Karnataka Town And Country Planning (Amendment) The whole 2012 Act, 2011. except Section 4 6. 7 The Karnataka Scheduled Castes, Scheduled Tribes and The whole 2012 Other Backward Classes (Reservation of Appointment etc.,) (Amendment) Act, 2011. 7. 9 The Karnataka Land Revenue (Second Amendment) Act, The whole 2012 2011. 8. 12 The Karnataka Hindu Religious Institutions and The whole 2012 Charitable Endowments (Second Amendment) Act, 2011. 9. 2012 13 The Karnataka Appropriation Act, 2012. The whole 10. 14 The Karnataka Motor Vehicles Taxation (Amendment) Act, The whole 2012 2012. 11. 2012 15 The Karnataka Stamp (Amendment) Act, 2012. The whole 12. 16 The Karnataka Appropriation (Vote on account) Act, The whole 2012 2012. 13. 2012 17 The Karnataka Value Added Tax (Amendment) Act, 2012. The whole 14. 2012 18 The Karnataka Taxation Laws (Amendment) Act, 2012. The whole 15. 19 The Karnataka Municipalities and Certain Other Law The whole 2012 (Amendment) Act, 2011. 16. 20 The Karnataka Municipal Corporations and Certain Other The whole 2012 Law (Amendment) Act, 2012. 17. 22 The Karnataka Legislature Salaries, Pensions and The whole 2012 Allowances (Amendment) Act, 2012. 18. 2012 25 The Karnataka Appropriation (No.2) Act, 2012. The whole 19. 2012 26 The Karnataka Appropriation (No.3) Act, 2012. The whole 20. 27 The Karnataka Value Added Tax (Second Amendment) The whole 2012 Act, 2012. 21. 2012 28 The Karnataka Co-operative Societies (Second The whole 4 SL. Act Short Title Extent of Year No. 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. 5 SL. Act Short Title Extent of Year No. 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. 6 SL. Act Short Title Extent of Year No. 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 7 SL. Act Short Title Extent of Year No. 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 8 SL. Act Short Title Extent of Year No. 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) 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. 9 8. 2008 08 The Karnataka Appropriation Act, 2008. The whole The above translation of PÀ£ÁðlPÀ PÉ®ªÀÅ C¢ü¤AiÀĪÀÄUÀ¼À£ÀÄß ¤gÀ¸À£ÀUÉƽ¸ÀĪÀ C¢¤ü AiÀĪÀÄ, 2017 (2017 gÀ PÀ£ÁðlPÀ C¢ü¤AiÀĪÀÄ ¸ÀASÉå: 47) be published in the Official Gazette under clause (3) of Article 348 of the Constitution of India. 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 ¸ÀPÁðj ªÀÄÄzÀæuÁ®AiÀÄ, «PÁ¸À ¸ËzsÀ WÀlPÀ, ¨ÉAUÀ¼ÀÆgÀÄ. (¦7) ¥wÀæ UÀ¼ÀÄ: 500