Redundant Acts In India
Under the Industrial Disputes Act of 1947 , an employer can’t effect any change in working conditions, wages, compensatory allowances, work hours, rest intervals, new disciplinary rules, even raise or reduce the number of workers (except casual) without permission from the appropriate authority. Section 9A of the Industrial Disputes Act of 1947, provides; " Notice of change No employer, who proposes to effect any change in the conditions of service serv ice applicable ap plicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such change,without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or within twenty-one days of giving such notice:Provided that no notice shall be required for effecting any such changewhere the change is effected in pursuance of any [settlement or award]; or where the workmen likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defense Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply. " The complex Industrial law regime, with over 50 major legislations and an equal number of state laws, include the Workmen’s Compensation Act of 1923, Trade Unions Act of 1926, Minimum Wages Act of 1936, Factories Act A ct of 1948 and Industrial Disputes Act of 1947. Sections of this Industrial Disputes Act of 1947 make it difficult for employers to recast sick units through modernization and technology up-gradation and it restricts their right
to make any change in service conditions while conciliation proceedings are on, thus encouraging trade unions to stall introduction of new technology.
The Lunacy Act takes a harmless epileptic to be the same as a certified lunatic.
Poor, homeless person are often harassed as the Vagrancy Act allows anyone who’s "loitering with intent" to be booked. (How do you prove that you had no "intent" as you loitered?)
Thanks to a legislation called the Prevention of Seditious Meeting Act, 1911 , an independent India can still disallow a prisoner from wearing a kh adi Gandhi Cap.
The Police (Incitement to Disaffection) Act, 1920 , has been used just twice. Once
against Lokmanya Tilak. The second time was in 1981-against the author of a pamphlet that commended the police for forming an association to demand better rights. (Striking textile mill workers had rioted and the cops had stayed way.)
The Rent Control Act, which not only discourages private investment in real estate by
disallowing market fixation of rent, it forbids landlords from evicting or taking any step against defaulting tenants.
The Motor Vehicle Act, 1988 that governs transport and traffic rules in India has become redundant redund ant and there is an immediate need to amend and upgrade up grade offences under it regularly. According to the latest statistics, there were 609 accidents in Mumbai in 2010, which claimed 637 lives. In 2009, there were 607 fatal accidents in Mumbai, killing 628 people. The working group on enforcement said the penalty structure of the Motor Vehicles Act 1988 had become redundant and fines were not a deterrent. “Penalties and fines for traffic offences should be increased. While revising the penalties, a clause needs to be inserted in the Amendment Act that every three years there should be a revision of fine based on consumer price index,’’ the group said.
The Research and Development Cess Act, 1986 with the introduction of service tax on import of services, repealing this act has become all the more important. This act deals levy of cess imposed on certain activities. This includes payment made towards import of technology approved by the Central government in accordance with its industrial policy, in force, from time to time. The cess also covers payments made towards the cost of drawings and designs in terms of any foreign collaboration agreement as approved by the Central government.
Natural reasons- the passage of time, change of situation, over-exploitation of loopholes.
The Police Act, 1861, still requires a policeman to take off his cap or helmet before a
member of royalty. A ridiculous provision that nobod y has thought of removing so far.
The Indian Contract Act and the Specific Relief Act, 1963 have overlapping areas, leaving enough room for confusion. A person sacked from a job may decide to sue his employer under the Indian Contract Act, while the employer may take refuge under the Specific Relief Act.
Section 108 of the Customs Act and Section 171A of the Sea Customs Act are identical, offering a wide choice to both trigger-happy enforcement people and offenders looking for a loophole to slip through.
The Smugglers and Foreign Exchange Manipulators Act, 1976 , a variant of COFEPOSA, whose sole objective is to forfeit illegally acquired properties of smugglers or forex manipulators and applies only to those convicted under the Sea Customs Act, 1878 and Customs Act, 1962.
Historical
The Indian Telegraph Act, 1885 and the Indian Wireless Telegraph Act, 1933. Apart form being archaic to varying degrees, they also broadly overlap in jurisdiction and content. The word ‘telegraph’ embraces telephone and radio and gives the Center exclusive rights to license private parties to establish the telegraph for their own or private use. Most of these provisions have become outdated after the Telecom Policy of 1994 and Telecom Regulatory Authority of India Ordinance, 1996
The Australian Alliance Assurance Company's Company's Act 1867 This Act enabled the shareholders of a joint stock insurance company established in the colony of Victoria- the Australian Alliance Assurance Company (AAA), which was an unincorporated company, to sue and be sued in the name of the chairman for the time being of the directors of AAA (the chairman). Section 1 enabled AAA to sue in the name of the chairman and for actions to be taken against AAA in the name of the chairman. The other provisions in the 1867 Act provided for related matters including evidentiary matters, enforcement of judgments and the vesting of the real and personal property held in trust for AAA in the chairman. Securities for money, warrants of attorney, covenants and agreements relating to AAA also vested in the chairman. Section 13 allowed a "Life Reserve Fund" to be set aside out of the money received for life assurance and provided that it could be invested as the directors of AAA thought fit. These provisions are no longer required as AAA no longer exists as a separate entity. AAA's business is now part of Suncorp Group Ltd, which has been consulted and has no objection to the repeal of the 1867 Act. The 1867 Act can be repealed.
Aboriginal Affairs (Transfer of Functions) Act 1974 This Act made provision with respect to the transfer of functions in relation to aboriginal affairs. It repealed the Aboriginal Affairs Act 1967 and amended the Aboriginal Lands Act 1970 and the Archaeological and Aboriginal Relics Preservation Act 1972 (now repealed).These provisions have taken effect and are spent. Section 3 vested in the Housing Commission certain land and other real and personal property of the Minister
administering the Aboriginal Affairs Act 1967 before its repeal (the Minister). Section 3 has taken effect and is spent. Section 4 required the Registrar of Titles and RegistrarGeneral to make the necessary entries on land records regarding the vesting and transfer of property to the Housing Commission. This has been done and section 4 is redundant. Section 5 and 6 are transitional provisions. Section 5 makes instruments that are binding on the Minister before commencement of that section binding on the Minister of Housing. Under section 6, gifts or property devised under a will or given on trust to the Minister are taken to have been devised, bequested or given to the Minister of Housing as if he or she were named in the instrument. Any continuing operation of sections 5 and 6 will be preserved by section 14 of the Interpretation of Legislation Act 1984. Under section 7(a), the Minister had power to transfer the lands described in Schedule 3 to the Commonwealth. All the lands have been transferred and section 7 is no longer required. Section 8 required the Aboriginal Affairs Fund money to be refunded to the Commonwealth if originally contributed by the Commonwealth and the rest of the money paid to the Consolidated Fund. Section 8 would have been complied with when the 1974 Act commenced. Section 8 is no longer required. The 1974 Act can be repealed.
Aboriginal Land (Manatunga Land) Act 1992 This Act provided for land at Robinvale to be granted to the Murray Valley Aboriginal Co-operative Limited. The land has been granted under section 3 so this section is redundant. Section 4, which provided for the extinguishment of a Crown lease and other rights in the land to be granted under section 3, has taken effect and is spent. Under section 6, the Registrar of Titles was required to make necessary amendments to the Register as a result of the 1992 Act. These have been made and the section is redundant. Section 7 provides that the Crown does not have to pay any compensation in respect of anything arising under the 1992 Act. The effect of this section will be preserved by section 14 of the Interpretation of Legislation Act 1984. Section 8, which alters or varies section 85 of the Constitution Act 1975 and which was inserted because of section 7, is no longer required.The 1992 Act can be repealed.
