British Statutes (Application To India) Repeal Act, 1960

Act No. 57 of 1960

[26th December, 1960]

An Act to repeal certain British statutes in their application of India.BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:-

1. Short title.- This Act may be called the British Statutes (Application to India) Repeal Act, 1960.

THE SCHEDULE

2. Repeal of certain British statutes in their application to India.- The British statues specified in the Schedule, in so far as they extend to, and operate as part of the law of, India or any part thereof, are hereby repealed.

3. Savings.- For the removal of doubts, it is hereby declared that the repeal by this Act of any British statute shall not affect the operation of any such statute in relation to India and to persons and things in any way belonging to or connected with India in any country to which the India (Consequential Provision) Act, 1949 (12, 13 and 14 Geo VI, c.92), extends.

(See section 2)

BRITISH STATUTES REPEALED IN THEIR APPLICATION TO INDIA

Serial No.	Year	Short title or subject
1	1297	Magna Carta (25 Edw.1, C,1 and 29).
2	1331	Unlawful attachment (5Edw.3, C.9).
3	1354	Non-condemnation without due process (28Edw, 3, C. 3.).
4	1540	The Marriage Act, 1540 (32 Hen.8, c. 38).
5	1551-2	The Sale of Office Act, 1551 (5&6 Edw.6, c.15).
6	1677	The Statutes of Frauds (29 Cha.2, c.3).
7	1679	The Habeas Corpus Act, 1679 (31 Cha.2, c.2.).
8	1688	Coronation Oath (1 Will. & Mar., c.6.).
9	1698	Governors of plantations (11 Will.3, c.12).
10	1700	The Act of Settlement (12 & 13 Will.3, c.2).
11	1702	Demise of The Crown, 1702 (1Anne, c.2.).
12	1707	The Succession to The Crown Act, 1707 (6Anne, c.41).
13	1782	The House of Commons (Disqualification) Act, 1782 (22Geo.3, c.45).
14	1802	The Criminal Jurisdiction Act, 1802 (42Geo.3, c.85).
15	1809	The Sale of Office Act, 1809 (49 Geo.3, c.126).
16	1812	The Prisoners of War (Escape) Act, 1812 (52 Geo.3.c.156).
17	1820	The Divorce Bills Evidence Act, 1820 (1 Geo 4, c.101)
18	1824	The Salve Trade Act, 1824 (Geo 4, c.113).
19	1830	The Illusory Appointments Act, 1830 (II Geo.4 & 1 Will 4, c.46).
20	1830	The Debts Recovery Act, 1830 (II Geo.4 & I Will.4, c.47).
21	1830	The Infants’ Property Act, 1830 (II Geo.4 & I Will.4, c.65).
22	1830	The Colonial Offices Act, 1830 (I Will.4, c.4).
23	1831	The Evidence on Commission Act, 1831 (I Will.4, c.22).
24	1833	The Judicial Committee Act, 1833(3&4 Will.4, c.41).
25	1833	The Government of India Act, 1833 (3&4 Will.4, c.85).
26	1834	The Superannuation Act, 1834 (4&5 Will.4, c.24).
27	1840	The Debtors (Ireland) Act, 1840(3&4 Vict, c.105).
28	1843	The Colonies) Evidence Act, 1843 (6&7 Vict.c.22).
29	1843	The Judicial Committee Act, 1843 (6&7 Vict.c.38).
30	1843	The Slave Trade Act, 1843 (6&7 Vict.c.98).
31	1844	The Judicial Committee Act, 1843 (6&7 Vict.c. 69).
32	1847	The Naval Deserters Act, 1847 (7&8 Vict.c.69).
33	1849	The Portuguese Deserters Act, 1849 (12&13 Vict.c.25).
34	1851	The Lunatics’ Removal (India) Act, 1851 (14&15 Vict.c.81)
35	1851	The Court of Chancery Act, 1851 (14&15 Vict.c.83).
36	1853	The Coinage (Colonial Offences Act, 1853(16&17 Vict.c.48)
37	1854	The Registration of Births, Deaths and Marriages (Scotland) Act, 1854 (17& 18 Vict., c.80).
38	1856	The Foreign Tribunals Evidence Act, 1856 (19&20 Vict.c.113).
39	1858	The Government of India Act, 1858(21&22 Vict,.c.106).
40	1859	The Evidence by Commission Act, 1859 (22 Vict.c.20).
41	1859	The Royal Naval Reserve (volunteer) Act, 1859 (22&23 Vict.c.40)
42	1860	The Indian Securities Act, 1860 (23&24 Vict.c.5).
43	1861	The Malicious Damage Act, 1861 (24&25 Vict.c.97)
44	1861	The Wills Act, 1861 (24&25 Vict.c.114).
45	1861	The Domicile Act, 1861 (24&25 Vict.c.121).
46	1862	The Indian Stock Transfer Act, 1862 (25&26 Vict.c.7)
47	1862	The Habeas Corpus Act, 1862 (25&26.,c.20)
48	1862	The Fine Arts copyright Act, 1862 (25&26 Vict.c.68).
49	1863	The Colonial Letters Patent Act, 1863 (26&27 Vict.c.76).
50	1866	The Indian Military Funds Act, 1866(29&30 Vict.c. 18).
51	1866	The Indian Prize Money Act, 1866 (29&30 Vict.c.47).
52	1868	The Indian Railway Companies Act, 1868 (31 & 32 Vict.c.26)
53	1868	The Documentary Evidence Act, 1868(31 & 32 Vict.c.38)
54	1868	The Indian Prize Money Act, 1868 (31 & 32 Vict., c.38)
55	1869	The East India Irrigation and Canal Act, 1869 (32 & 33 Vict.c.7).
56	1870	The Coinage Act, 1870 (33 & 34 Vict.c.10).
57	1873	The East India Stock Dividend Redemption Act, 1873 (36 & 37 Vict.c.17).
58	1873	The Indian Railway Companies Act, 1873 (36 & 37 Vict.c.43)
59	1873	The Salve Trade (East African Courts) Act, 1873 (36 & 37 Vict.c.59).
60	1873	The Salve Trade Act, 1873 (36 & 37 Vict.c.88)
61	1874	The East India Annuity Funds Act, 1874 (37 &38 Vict.c.12)
62	1876	The Royal Titles Act, 1876 ( 39 40 Vict.c.10)
63	1876	The Statute Law Revision (Substituted Enactments) Act, 1876 (39 & 40 Vict.c.20)
64	1876	The Customs Consolidation Act, 1876 (39 & 40 Vict.c.36)
65	1876	The Salve Trade Act, 1876 (39 & 40 Vict.c.46).
66	1878	The Dentists Act, 1878 ( 41 & 42 Vict.c.33)
67	1878	The Elders’ Widows’ Found (India) Act, 1878 (41 & 42 Vict.c.47).
68	1879	The Registration of Births, Deaths and Marriages ( Army) Act, 1879 ( 42 &43 Vict.c.8)
69.	1879	The Slave Trade (East African Courts) Act, 1879 ( 42 & 43 Vict.c.38)
70	1879	The Indian Guaranteed Railways Act, 1879 (42 & 43 Vict.c.41).
71	1881	The Judicial Committee Act 1881 (44 & 45 Vict.c.3.)
72	1881	The India Office (Sale of Superfluous Land) Act, 1881 (44 & 45 Vict.c.7).
73	1881	The Army Act, 1881 (44 & 45 Vict.c.58).
74	1882	The Documentary Evidence Act, 1882 (45 & 46 Vict.c.9).
75	1882	The Bombay civil Fund Act, 1882 (45 & 46 Vict.c.45).
76	1882	The Reserve Forces Act, 1882 ( 45 & 46 Vict.c.48)
77	1884	The Naval Discipline Act, 1884 (47 & 48 Vict.39.)
78	1884	The Criminal Lunatics Act, 1884 (47&48 Vict, c.64).
79	1885	The East India Unclaimed Stock Act, 1885 (48&49 Vict, c.25).
80	1885	The Indian Army Pension Deficiency Act, 1885(48&89 Vict.c.25).
81	1885	The Evidence by Commission Act, 1885 (48&49., Vict.c.74)
82	1886	The Medical Act, 1886 (49&50 Vict.c.48)
83	1887	The Conversion of India Stock Act, 1887 (50 &51 Vict.c.1I).
84	1887	The British Settlements Act, 1887 (50&51 Vict.c.54).
85	1887	The Superannuation Act, 1887, (50& 51 Vict. c. 67).
86	1889	The Appellate Jurisdiction Act, 1887 (50 &51 Vict.c.70).
87	1889	The Commissioners for Oaths Act, 1889 (52 & 53 Vict.c.10).
88	1890	The Commissioners for Oaths Amendment Act, 1890 (53 & 54 Vict.c.7).
89	1890	The Foreign Jurisdiction Act, 1890 (53 & 54 Vict.c.37).
90	1891	The Commissioners for Oaths Act, 1891 (54 & 55 Vict.c.50).
91	1891	The Coinage Act, 1891 (54 &55 Vict.c.72).
92	1892	The Foreign Marriage Act, 1892, (55 & 56 Vict.c.23)
93	1892	The Superannuation Act, 1892 (55&56 Vict.c.40).
94	1893	The Regimental Debts Act, 1893 (56 & 57 Vict.c.5).
95	1893	The Trustee Act, 1893 (56 &57 Vict.c.53).
96	1894	The Trustee Act, 1893, Amendment Act, 1894 (57 &58 Vict.c.10).
97	1894	The Indian Railways Act, 1894 (57 & 58 Vict.c.12).
98	1894	The Finance Act, 1894 (57&58 Vict. c.30).
99	1894	The Uniforms Act, 1894 (57 &58 Vict. c.45).
100	1895	The Documentary Evidence Act, 1895, (58 &59 Vict.c.9).
101	1895	The Judicial Committee Amendment Act, 1895 (58 & 56 Vict. c.44).
102	1886	The Short Titles Ct, 1896 (59 & 60 Vict. c.14).
103	1886	The Finance Act, 1896 (59 & 60 Vict. c.28).
104	1886	The Royal Naval Reserve Volunteer Act, 1896 (59 & 60 Vict. c.33).
105	1897	The Regular and Elders’ Windows’ Funds Act, 1897 ( 60 & 61 Vict. v.11).
106	1898	The Reserve Forces and Militia Act, 1898 (61 & 62 Vict, 9).
107	1898	The Statute Law Revision Act, 1898 (61 & 62 Vict, c.9).
108	1899	The Army (Annual) Act, 62 & 63 Vict, c.3).
109	1899	The Reserve Forces Act, 1900 (63 & 64 Vict, c.14).
110	1900	The Colonial Solicitors Act, 1900 (63 & 64 Vict, c.14).
111	1900	The Reserve Forces Act, 1900 (63 & 64 Vict, c.42).
112	1900	The Colonial Stock Act, 1900 (63 & 64 Vict, c.62).
113	1900	The Army (Annual) Act, 1901 1 Edw.7, c.2.).
114	1901	The Demise of The Crown Act, 1901(1 Edw.7, c.5.).
115	1901	The Royal Titles Act, 1901(1 Edw.7.c.15).
116	1902	The Royal Naval Reserve Act, 1902 (2 Edw.7, c.5).
117	1905	The Medical Act (1886) Amendment Act, 1905 (5 Edw. 7, c.14).
118	1906	The seamen’s and Soldiers’ False Characters Act, 1906 (6 Edw.7.c.5.).
119	1906	The Reserve Forces Act, 1906 (6 Edw.7, c.9.).
120	1907	The Territorial and Reserve Forces Act, 1907 (7 Edw.7, c.9.).
121	1907	The Evidence (Colonial Statutes) Act, 1907 (7 Edw 7, c.16).
122	1907	The Deceased Wife’s Sister’s Marriage Act, 1907 (7 Edw.7, c.47).
123	1908	The Statute Law Revision Act, 1908 (Edw.7, c.49).
124	1908	The Appellate Jurisdiction Act, 1908 (8 Edw.7, c.51).
125	1909	The Army (Annual) Act, 1909 (Edw.7, c.3.)
126	1909	The Naval Establishments in The British Possession Act, 1909 (9 Edw.7, c.18)
127	1909	The Naval Discipline Act, 1909 (Edw.7, c.41)
128	1910	The Army (Annual) Act, 1910, (10 Edw.7, c.6).
129	1910	The Accession Declaration Act, 1910 (10 Edw.7 &1 Geo 5, c.29).
130	1910	The Registration of Births, Deaths and Marriages (Scotland) Amendment Act, 1910 (10 Edw.7 & 1 Geo.5, C.32).
131	1911	The Army (Annual) Act, 1911 (1 & 2 Geo.5.c.3).
132	1911	The Parliament Act, 1911 (1 & 2 Geo.5, c.13).
133	1911	The Official Secrets Act, 1911 *1 & 2 Geo.5, c.28).
134	1912	The Army (Annual) Act, 1912 (2 & 3 Geo.5, c.5.).
135	1912	The Marriages in Japan (Validity) Act, 1912 (2 & 3 Geo.5, c.15).
136	1913	The Army (Annual) Act, 1913 (3 Geo.5, c.2.).
137	1913	The Foreign Jurisdiction Act, 1913 (3 & 4 Geo.5, c.16).
138	1913	The Appellate Jurisdiction Act, 1913 (3 & 4 Geo.5, c.21).
139	1914	The Army (Annual) Act, 1914 (4 & 5 Geo.5, c.2).
140	1914	The Aliens Restriction Act, 1914 (4 & 5 Geo.5, c.2.)
141	1914	The Army (Supply of Food, Forage and Stores) Act, 1914 (4 & 5 Geo.5, c.26).
142	1914	The Superannuation Act, 1914 (4 & 5 Geo.5, c.86).
143	1914	The Navy (Pledging of Certificates, etc.) Act, 1914 (4 & 5Geo 5,c.89)
144	1915	The Army (Amendment ) Act, 1915 (5 & 6 Geo.5, c.26)
145	1915	The Naval Discipline Act, 1915 (5 & 6 Geo.5, c.30).
146	1915	The Marriage of British Subjects (Facilities) Act, 1915 (5 & 6 Geo.5, c.40).
147	1915	The Army (Amendment ) No.2 Act, 1915 (5 & 6 Geo.5, c.58)
148	1915	The Naval Discipline (No.2) Act, 1915 (5 & 6 Geo.5, c.92).
149	1915	The Judicial Committee Act, 1915 (5 & 6 Geo 5, Geo 5, c.73)
150	1916	The Army (Annual) Act, 1916 (6 & 7 Geo.5, c.5.)
151	1916	The Imperial Institute (Management) Act, 1916 (6 & & Geo.5, c.8).
152	1916	The Marriage of British Subjects (Facilities) Amendment Act, 1916 (6 & 7 Geo 5, c. 21).
153	1916	The Government of India (Amendment) Act, 1916 (6 & 7 Geo.5.c.21).
154	1917	The Army (Annual) Act, 1917 (7 &8 Geo.5, c.9).
155	1917	The Naval Discipline Act, 1917 (7 &8 Geo.5, c.34).
156	1917	The Air Force (Constitution) Act, 1917 (7 & 8 Geo 5, c.51).
157	1918	The Army (Annual ) Act, 1918 (8 & 9 Geo 5, c.6)
158	1918	The Termination of the Present War (Definition) Act, 1918 (8 & 9 Geo.5, c.59).
159	1919	The Army (Annual) Act, 1919 (9 & 10 Geo.5, c.33).
160	1919	The Treaty of Peace Act, 1919 (9 & 10 Geo.5, c.62).
161	1919	The British Mercantile Marine Uniform Act, 1919 (9 & 10 Geo.5.c.62).
162	1919	The Aliens Restriction (Amendment) Act, 1919 (9 & 10 Geo 5, c.92).
163	1919	The Government of India. Act, 1919 (9 & 10 Geo 5, c.101).
164	1920	The Treaties of Peace (Austria and Bulgaria) Act, 1920 (10 & 11 Geo 5, c.6.).
165	1920	The Army and Air Force (Annual) Ct, 1920 (10 & 11 Geo 5, c.7.)
166	1920	The Maintenance Orders (Facilities for Enforcement) Act, 1920 (10 & 11 geo 5, c.33).
167	1920	The Indemnity Act, 1920 (10 & 11 Geo.5, c.48).
168	1921	The Army and Air Force (Annual) Act, 1921 (11 & 12 Geo 5, c.9).
169	1921	The Treaty of Peace (Hungary) Act, 1921 (11 & 12 Geo 5, c.11).
170	1921	The Importation of Plumage (Prohibition) Act, 1921 (11 & 12 Geo 5, c.16).
171	1921	The Indian Divorces (Validity) Act, 1921 (11 & 12 Geo 5, c.18).
172	1921	The Deceased Brother’s Widow’s Marriage Act, 1921 (11 & 12 Geo.5, c.24).
173	1921	The Territorial Army and Militia Act, 1921 ( 11 & 12 Geo 5, c.37)
174	1921	The Trade Facilities Act, 1921 (11 & 12 Geo 5, c.65).
175	1922	The Army and Air Force (Annual) Act, 1922 (12 & 13 Geo 5, c.6).
176	1922	The Empire Settlement Act, 1922 (12 & 13 Geo 5, c.13).
177	1922	The Naval Discipline Act, 1922 (12 & 13 Geo 5, c.37).
178	1922	The Trade Facilities and Loans Guarantee Act, 1922 (13 & 14 Geo 5, c.4.)
179	1923	The Army and Air Force (Annual) Act, 1923 (13 & 14 Geo.5, c.3.)
180	1923	The Fees (Increase) Act, 1923 (13 & 14 Geo.5, c.4.)
181	1923	The Matrimonial Causes Act, 1923 (13 & 14 Geo.5, c.19).
182	1924	The Army and Air Force (Annual) Act, 1924 (14 & 15 Geo 5, c.5.)
183	1924	The Treaty of Peace (Turkey) Act, 1924 (14 & 15 Geo 5, c.7.)
184	1924	The Trade Facilities Act, 1924 (14 & 15 Geo.5, c.8).
185	1924	The Auxiliary Air Force and Air Force Reserve Act, 1924 (14 & 15 Geo 5, c.15).
186	1924	The Carriage of Goods by Sea Act, 1924 (14 & 15 Geo 5, c.22).
187	1924	The Expiring Laws Continuance Act, 1924 (15 & 16 Geo 5, c.1).
188	1925	The Trade Facilities Act, 1925 (15 & 16 Geo 5, c.13).
189	1925	The Army and Air Force (Annual) Act, 1925 (15 Geo.5.c.25).
190	1925	The Expiring Laws Act, 1925 (15 & 16 5, c.76).
191	1926	The Trade Facilities Act, 1926 (16 & 17 Geo.5.c.3.)
192	1926	The Secretaries of State Act, 1926 (16 & 17 Geo 5, c.18).
193	1927	The Royal and Parliamentary Titles Act, 1927 (17 & 18 Geo 5, c.4.)
194	1927	The Workmen’s Compensation (Transfer of Funds) Act, 1927 (17 & 18 Geo 5, c.4.)
195	1927	The Royal Naval Reserve Act, 1927 (17 & 18 Geo 5, c.
18).
196	1927	The Cinematograph Films Act, 1927 (17 & 18 Geo 5, c.29).
197	1927	The Indian Church Act, 1927 (17 & 18 Geo 5, c.40)
198	1927	The Colonial Probates (Protected States and Mandated Territories) Act, 1927 (17 & 18 Geo 5, c.43).
199	1929	The Appellate Jurisdiction Act, 1929 (19 & 20 Geo 5, c.8).
200	1929	The Companies Act, 1929 (19 & 20 Geo 5, c.23).
201	1934	The Air Force Reserve (Pilots and Observers) Act, 1934 (24 & 25 Geo.5, c.5.).
202	1935	The Superannuation Act, 1935 (25 & 26 Geo.5, c.23).
203	1935	The Finance Act, 1935 (25 & 26 Geo.5, c.24).
204	1935	The Government of Burma Act, 1935 (26 Geo.5 and 1 Edw.8, c.3.).
205	1936	His Majesty’s Declaration of Abdication Act, 1936 (1 Edw.8 and 1 Geo.6.c.3.).
206	1937	The East India Loans Act, 1937 (1 Edw.8 and 1 Geo 6, c.14).
207	1937	The Regency Act, 1937 (1 Edw.8 and 1 Geo 6, c.16).
208	1937	The Reserve Forces Act, 1937 (1 Edw.8 and 1 Geo.6, c.17).
209	1937	The Empire Settlement Act, 1937 (1 Edw.8 and 1 Geo 6, c.18).
210	1938	The Cinematograph Films Act, 1938 (1 & 2 Geo.6, c.17).
211	1938	The Trade Marks Act, 1938 (1 & 2 Geo 6, c.22).
212	1939	The Prevention of Fraud (Investments) Act, 1939 (2 & 3 Geo 6, c.16).
213	1939	The Army and Air Force ( Annual) Act, 1939 (2 & 3 Geo 6, c.17)
214	1939	The Reserve and Auxiliary Forces Act, 1939 (2 & 3 Geo.6, 24).
215	1939	The Marriage (Scotland) Act, 1939 (2 & 3 Geo 6, c.34).
216	1939	The Emergency Powers (Defence) Act, 1939 (2 & 3 Geo 6, c.62).
217	1939	The Armed Forces (Conditions of Service) Act, 1939 (2 & 3 Geo 6, c.68).
218	1939	The Ships and Aircraft (Transfer Restriction) Act, 1939 (2 & 3 Geo.6, c.70).
219	1939	The Trading with The Enemy Act, 1939 (2 & 3 Geo 6, c.89).
220	1939	The Expiring Laws Continuance Act, 1939 (3 & 4 Geo.6, c.1).
221	1940	The Army and Air Force (Annual) Act, 1940 (3 & 4 Geo.6, c.20).
222	1940	The Emergency Powers (Defence) Act, 1940 (3 & 4 Geo.6, c.20).
223	1940	The Treachery Act, 1940 (3& 4 Geo.6, c.21).
224	1940	The Evidence and Powers of Attorney Act, 1940 (3 & 4 Geo.6, c.28).
225	1940	The Emergency Powers (Defence) (No.2) Act, 1940 (3 & 4 Geo.6, c.45).
226	1940	The Prolongation of Parliament Act, 1940 (3 & 4 Geo.6, c.53).
227	1940	The Expiring Laws Continuance Act, 1940 4 & 5 Geo.6, c.2).
228	1940	The Naval and Marine Forces (Temporary Release from Service) Act, 1940 (4 & 5 Geo 6.c.4.)
229	1941	The Army and Air Force (Annual) Act, 1941 (4 & 5 Geo 6, c.17).
230	1941	The Naval Discipline (Amendment) Act, 1941 (4 & 5 Geo 6, c.29).
231	1941	The Prolongation of Parliament Act, 1941 (4 & 5 Geo 6, c.48)
232	1941	The Expiring Laws Continuance Act, 1941 (5 & 6 Geo 6, c.3.)
233	1942	The Army and Air Force (Annual) Act, 1942 (5 & 6 Geo 6, 15).
234	1942	The Royal naval Volunteer Reserve Act, 1942 (5 & 6 Geo 6, c.18).
235	1942	The United States of America (Visiting Forces) Act, 1942 (5 & 6 geo 6, 31)
236	1942	The Prolongation Parliament Act, 1942 (5 & 6 Geo 6, c.37).
237	1943	The Workmen’s Compensation Act, 1943 (6 & 7 Geo.6, c.6.)
238	1943	The Army and Air Force (Annual) Act, 1943 (6 & 7 Geo c, 15).
239	1943	The Evidence and Powers of Attorney Act, 1943 (6 & 7 Geo 6, c.18)
240	1943	The Foreign Service Act, 1943 (6 & 7 Geo 6, c.35).
241	1943	The Regency Act, 1943 (6 & 7 Geo 6, c.4.)
242	1943	The Prolongation of Parliament Act, 1943 (6 & 7 Geo 6, c.46).
243	1944	The Expiring Laws Continuance Act, 1943 (7 & 8 Geo 6.C.1).
244	1944	The Naval Forces (Extension of Service ) Act, 1944 (7 & 8 Geo 6, c.13)
245	1944	The India (Attachment of States) Act, 1944 (7 & 8 Geo.6, c.14).
246	1944	The Army and Air Force (Annual) Act, 1944 (7 & 8 Geo 6.c.18)
247	1944	The Finance Act, 1944 (7 & 8 Geo 6, c.23).
248	1944	The Matrimonial Causes (War Marriages) Act, 1944 (7 & 8 Geo.6, c.43).
249	1944	The Prolongation of Parliament Act, 1944 (7 & 8 Geo 6, c.45).
250	1944	The Expiring Laws Continuance Act, 1944 (8 & 9 Geo.6, c.2.)
251	1945	The Army and Air Force (Annual) Act, 1945 (8 & 9 Geo 6, c.22).
252	1946	The Patents and Designs Act, 1946 (9 & 10 Geo.6, c.44).
253	1946	The United Nations Act, 1946 (9 & 10 Geo.6, c.45).
254	1946	The Army and Air Force (Annual) Act, 1946 (9 & 10 Geo 6, c.47).
255	1946	The Superannuation Act, 1946 (9 & 10 Geo.6, c.60).
256	1946	The National Insurance (Industrial Injuries) Act, 1946 (9& 10 Geo.6, c.62).
257	1946	The Expiring Laws Continuance Act, 1946 (10 & 11 Geo.6, c.1).
258	1947	The Foreign Marriage Act, 1947 (10 & 11 Geo.6, c.33).

No. 7 – The Habeas Corpus Act, 1679 No. 47 – The Habeas Corpus Act, 1862 Note.- “According to the Law Commission itself, there is no room for the application of these Statutes since the commencement of our Constitution and the procedural provisions relating to this remedy in India will now be laid down by the Supreme Court and the High Courts under their rule-making powers. The Commission has stated that this power is subject to legislation and that the question whether legislation should be undertaken for ensuring uniformity is for consideration.Having regard to the provisions of Article 226 of the Constitution and also of Section 491 of the Code of Criminal Procedure, 1898, which empower the High Court to issue directions of the nature of Habeas Corpus and to the other provisions contained in the Code with regard to bail, it is considered unnecessary to keep these British Statutes in force in India any longer”.- S. O. R.No. 16 – The Prisoners of War (Escape) Act, 1812 Note.- “This Act deals with the punishment of persons aiding or assisting prisoners of war to escape from Her Majesty’s Dominions. The Law Commission has stated that in India Section 130 of the Indian Penal Code provides the corresponding law and that this Statute may therefore be dispensed with. The Commission has added that the provision in Section 3 of this Statute which deals with the offence committed on the high seas should be imported into the Indian law.As Sections. 128, 129 and 130, of the Indian Penal Code contain ample provisions in this behalf and as special provisions are likely to be made regarding prisoners of war during an emergency (see in this connection Rule 28 of the Defence of India Rules, 1939), it is considered that there is no need to have any special enactment at present for replacing this British Statute”. – S.O.R.No. 23-(1) The Evidence on Commission Act, 1831.No. 27-(2) The Debtors (Ireland) Act, 1840.No. 38-(3) The Foreign Tribunals Evidence Act, 1956.No. 40-(4) The Evidence by Commission Act, 1859No. 81-(5) The Evidence by Commission Act, 1885. Note.- “While the first, second, fourth and fifth Acts contain provisions for examining witnesses on commission, the third Act enables a Court in Her Majesty’ Dominions to examine witnesses in relation to civil or commercial matters pending before foreign tribunals upon an application made in that behalf, supported by the certificate of the diplomatic agent of such foreign country. In regard to civil cases, the provisions of sections 77 and 78 and Order 26, rules 5 and 19 to 22 of the First Schedule of the Code of Civil Procedure, 1908, may be referred to regarding criminal cases, Chap. XL of the Code of Criminal Procedure, 1898. contains provisions relating to commissions for examining witnesses. Having regard to these provisions, it seems unnecessary to retain these Acts on the Indian statute book any longer. It is, therefore, proposed to repeal them”. -S.O.R.No. 27-The Debtors (Ireland) Act, 1840Note.- Sec under No. 23.No. 32-The Naval Deserters Act, 1847No. 33-The Portuguese Deserters Act, 1849No. 63-The Statute Law Revision (Substituted Enactments) Act, 1876.Note. – “The first Act provides for the apprehension of deserters from the British Navy and the second Act gives effect to the treaty between the U.K. and Portugal and provides for the apprehension of deserters from Portuguese vessels, if found in India or in any Dominion port on the application of the Portuguese Counsul. The extant section of the third Act provides how the penalty imposed by the second Act is to be recovered. After examination, it is felt that it is unnecessary to retain these Statutes and that they may he repealed”. -S.O.R.No. 33-The Portuguese Deserters Act, 1849Note.- See under No. 32.No. 37-The Registration of Births, Deaths and Marriages (Scotland) Act, 1854.No. 130-The Registration of Births, Deaths and Marriages (Scotland) Amendment Act, 1910. Note. – “The Law Commission has included the first Act in the list of enactments with respect to which legislation in India appears to be prima facie necessary.The only section in the Act which is applicable in India is section 58 and it provides that every extract of an entry in the register of births, deaths and marriages in Scotland shall be admissible in all parts of Her Majesty’s Dominions without further proof. This law makes provision in respect of one country only and even then in respect of only a part thereof. The ordinary law of evidence may be allowed to operate to prove all foreign births, deaths and marriages and so these Acts are being repealed”. – S.O.R.No. 38 – The Foreign Tribunals Evidence Act, 1856Note.- See under No. 23No. 40 -The Evidence by Commission Act, 1859Note.- See under No. 23.No. 43-The Malicious Damage Act, 1861Note.- “This Statute penalises the act of maliciously setting fire to, or casting away or otherwise destroying a ship or vessel. The Law Commission has stated that such a provision is necessary for India and may be inserted in the Indian Penal Code. The provisions of sections 425, 437, etc., of the Indian Penal Code seem to be sufficient for our present purposes. The Law Commission is also examining the Indian Penal Code. In the circumstances, it is proposed to repeal this Statute”. – S.O.R.No. 45 – The Domicile Act, 1861Note. – “The Law Commission, while stating that this statute as such is not necessary, has added that the point whether similar legislation is required with respect to the relations of India with foreign States, may be considered. It is felt that this Statute may be repealed for the present and that the point raised by the Commission may be pursued separately later on, if necessary”.-S.O.R.No. 47-The Habeas Corpus Act, 1862Note.- See under No. 7.No. 53-The Documentary Evidence Act, 1868No. 74-The Documentary Evidence Act, 1882No. 100-The Documentary Evidence Act, 1895 Note.- “These Statutes provide how certain documents are to be proved and penalise the art of forging such documents. The Law Commission, while stating that if these provisions are to be retained they may be included in the Indian Penal Code and the Evidence Act. 1872, has not stated that such provisions are really necessary. Both the Indian Penal Code and the Evidence Act, 1872. are under examination by the Law Commission, and these Statutes may be repealed for the present”. – S.O.R.No. 63-The Statute Law Revision (Substituted Enactment) Act, 1876Note.-See under No. 32.No. 81- The Evidence by Commission Act, 1885Note.- See under No. 23.No. 74- The Documentary Evidence Act, 1882Note.- See under No. 53No. 100 -The Documentary Evidence Act, 1895Note.- See under No. 53.No. 130 -The Registration of Births, Deaths and Marriages (Scotland) Amendment Act, 1910Note.- See under No. 37.No. 223-The Treachery Act, 1940 Note. – “This Act was a war time measure which applied only to acts done until February, 1946. Treachery, according to this Act, is the doing of any act with intent to help enemy operations or to impede the operations of His Majesty’s Forces. The first part of the above provision seems to be covered by section 121 of the Indian Penal Code. Further, it may be assumed that if any emergency arises during which special provisions have to be made to deal with treacherous acts. necessary steps would be taken in that behalf. This Act may, therefore, be repealed”. -S.O.R.

Related Stories