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CHAPTER IV

REPEAL OF OBSOLETE LAWS

As per its terms of references the Committee is expected to give its recommendations on the laws which are no longer needed or liable to be repealed. With the help of the Law Department, the Committee identified 84 enactments as no longer relevant and liable to be removed from the Statuate Book.

The Committee, as decided in its second and third meetings, issued notices regarding the repeal of 84 Acts, to Bar Associations, Secretaries to Government and to all M.L.A.’s vide letter No.5988/Leg.Pbn.1/02/Law dated 16-5-2002 for their suggestions and remarks. The list was published in dailies also.

The Committee received about thirty representations from individuals and associations. It has considered the matter in detail and the suggesion of the committe is incorported in the notes of the respective Acts. It has also gone into each case carefully on its own. Out of the 84 enactments initially identified for removal from the Statute Book, 78 Acts were found to be fit for repeal. These are enactments which have ceased to be in force or have become obsolete or the retention whereof as seperate Acts is unnecessary or which have been struck down by the courts. One of the Acts the village Courts Act, 1960 ( Act 6 of 1961) though enacted over forty years ago, has not been brought into force till date. Section 113 of this Act seeks to repeal 5 other Acts and the proposed repeal of the said unenforced Act necessitates the repeal of those five Acts, namely,

1. The Travancore Village Panchayat Courts Act, 1090 (1 of 1090)

2. The Cochin Village Courts Act XII of 1118.

3. The Travancore-Cochin Village Courts Act, 1953. (VII of 1954)

4. The Madras Village Courts Act, 1888 (1 of 1889)

5. The Madras Village Panchayat Act, 1950. (X of 1950) (Section 132 only)

In addition to the above, 19 more Acts were also identified to be fit for removal from Statute Book as they were enacted as temporary measures. The total number of Acts to be repealed thus comes to 102.

The list of 102 Acts is scheduled in the order of Travancore Acts, Cochin Acts, Travancore-Cochin Acts, Madras Acts applicable to Malabar Area and the Kerala Acts.

Another set of 595 Amendment Act is also included in the list as there is no necessity to retain these Acts in the Statute book as separate Acts since they have become part of their parent Acts.

The notes which follow, explain the reasons for the repeal suggested in respect of each of the 102 main Acts.

The draft of the Kerala Repealing and Amending Bill, 2002 is also proposed.

The Committee recommends that a review of laws on the Statute Book may be made once in ten years in order to repeal obsolete laws and others which have lost relevance.

NOTES ON LAWS TO BE REPEALED

1. Sirkar Relinquishing Claims to properties descending on convert heirs of Hindu - Proclamation 1044.

This proclamation was issued by His Highness the Maharaja of Travancore on 29th June 1869. By the said proclamation the Sirkar relinquished all claim to property left by a deceased person being a Hindu by religion and leaving no heirs by such as have become converts to a different religion which will descend to the natural heirs independently of religious considerations, subject only to such public demands as would hold in the case of succession by Hindu heirs. After the application of the Indian succession Act, 1925 and after the passing of Hindu succession Act, 1956 the said proclamation has no relevancy and is therefore suggested to be deleted from the statute book.

2. Metals and Minerals Proclamation of 1056

Metals and Minerals Proclamation was issued by His Highness the Maha Raja of Travancore on 14th June 1881. The said regulation notified the mining rights of Government in metals and minerals found throughout the State and for the grant of mining rights to private persons. Parliament has passed number of laws regarding Mines and Minerals. The subject matter of the proclamation mainly falls under Mines and Minerals (Regulation and Development) Act, 1957 and the rules framed under the said Act. The provisions of the proclamation are not necessary. The same is therefore suggested to be deleted from the statute book.

3. Tax on land granted for Coffee or Tea cultivation- Proclamation of 1086.

The said proclamation was issued by His Highness the Maha Raja of Travancore on the 3rd October 1910. By the said proclamation tax on all lands granted for coffee and tea cultivation payable to Sirkar were fixed. The said proclamation has no relevancy after the passing of the Kerala Land Tax Act, 1960 and also the Kerala Grants and leases (Modification of Rights) Act, 1970. The aforesaid proclamation is proposed to be deleted from the statute book.

4. Travancore Tolls Recovery Act, 1088.

The said Regulation was passed by His Highness the Maharaja of Travancore on the 25th December 1912. The said regulation empowers the Government to realize tolls levied upon any road or bridge, which has been made or repaired at the expenses of the State. As per the Tolls Act 6 of 1977 there is provision for realization of tolls from vehicles ply over certain bridges. Under the Kerala Road Fund Act also there is provision for realization of user fee from the beneficiaries who used the bridges and roads constructed or maintained using the fund established under the said Act. The aforesaid regulation is not being implemented by the Government. Therefore it is unnecessary to retain the same in the statute book.

5. The Travancore Village Panchayat Courts Act, 1090 (1 of 1090)

This Act, together with 4 other Acts, have been repealed by Section 113 of this Kerala Village Courts Act, 1960 (Act 6 of 1961). But the Kerala Village Court Act, 1960 was not brought into force and repeal of the said un-enforced Act, necessitates the repeal of this Travancore Village Panchayat Court Act, 1090 (Act 1 of 1090).

6. The Christian Succession Regulation, 1092.

Travancore Christian Succession Act was passed by His Highness the Maharaja of Travancore on 21.12.1916. The said Act consolidated the rules of law applicable to intestate succession among Indian Christian in Travancore area. The said Act was not repealed by section 6 of the Part B State (Laws) Act III of 1951. Therefore, it continued in operation after the formation of State of Travancore- Cochin and Kerala. However, the Hon. Supreme Court, on the 24th day of February 1986, held in the judgment in Mrs. Mary Roy and others Vs. State of Kerala that the above Act was not saved by sub-section (2) of the section 29 of the Indian Succession Act and as such the law applicable to intestate succession among Indian Christians in Travancore area is the Indian Succession Act, 1925 and not the Travancore Christian Succession Act. By virutue of the aforesaid decision of the Supreme Court the provisions of the above Act, became inoperative. Therefore, the aforesaid Act is to be deleted from the stature book.

The Committee has received representations from individuals stating that the judgment in Mary Roy’s case will have the effect of rendering illegal or defective a large number of intestate succession of properties, title deeds and registered transactions of properties in the state occurred or made during the period between the Ist day of April 1951 and the 23rd day of February, 1986 and it will very adversely affect the legitimate interest of a large section of people. So they have requested that the provisions of the Indian Succession Act may be given prospective effect. The Indian Succession Act was made applicable to the Christians retrospectively by virtue of the verdict of the Hon. Supreme Court and settled cases were reopened and a number of cases are pending before various courts in the light of said decisions. The question of validating the transactions if any occurred during the period between 1st day of April 1951 and 23rd February 1986, which were not reopened so far consequent on the verdict of the Supreme Court, can be examined in due course and the same does not in any way affect the need for repeal of the Travancore Act.

7. Travancore Markets Act VII of 1092.

The Travancore Markets Act was passed by His Highness the Maha Raja of Travancore on the 4th August 1917 to regulate the holding of Markets in Travancore area. The said Act provides places for use of public markets and also licensing of Private Markets. The powers of the Government under the aforesaid Act are now being exercised by the Panchayats and Municipalities under the Kerala Panchayat Raj Act, 1994 and the Kerala Municipality Act, 1994. The afore said Act has become unnecessary. Therefore, it is necessary to repeal the said Act and to delete it from the Statute Book.

8. The Travancore Public Debt Act 1122(XX of 1122)

The Travancore Public Debt Act was passed by His Highness the Maharaja of Travancore on 3rd August, 1947. After the formation of Travancore Cochin, the Travancore Cochin Public Debt Act, 1954 was enacted. The said Act validates the continuation of the provisions of the Travancore Public Debt Act. Until 1946 the Indian Securities Act, 1920 governed the securities issued by both the central and provincial Governments. The working of the said Act disclosed certain defects and it was considered necessary to amend it, particularly in the context of the very large increase of Public Debt during the war years. Under the Government of India Act, 1935, the Central Legislature was competent to change only the law in respect of central securities and the provisions of the Indian securities Act were accordingly replaced so far as the central public debt was concerned, by a comprehensive new Act, the Public Debt Act 1944, which was brought into effect from 1st May, 1946 leaving the provincial securities to be regulated by the Indian securities Act, 1920. As the money market is common in the whole country and the Public Debt of the central and the provincial Governments is administered by a single agency namely, the Reserve Bank of India it was obviously desirable to have uniform legislation for regulating the public debt of both. The provincial Government concurred in the view. The legislatures of part B states including the Travancore Cochin State passed resolutions in pursuance of Art 252 of the constitution empowering parliament to pass the necessary legislation on the subject. Accordingly Parliament has amended the Public Debt Act, 1944 by Act 57 of 1956 extending the provisions of the said Act to the Travancore Cochin area also. After the formation of the State of Kerala the said Act continues to apply the Kerala State. The earlier Travancore Act has no relevance since then. The same is to be deleted from the statute book.

9. Cochin Forest Steam Tramway Act, 1082( V of 1082)

The said Act was passed by His Highness the Maharaja of Cochin on the 26th day of June 1907. The said Act provides for the protection and management of the Forest Steam Tramway in the Cochin State. The said Act has no relevancy now. The same may be deleted from the statute book.

10. Devaswom Proclamation, 1085

This proclamation was issued by His Highness the Maharaja of Cochin on 11th February 1910. By the said proclamation the endowments attached and the income derived from the devaswom whether incorporated and unincorporated be constituted into Trust for all administrative purposes. The subject matter of the proclamation mainly falls under the Travancore Cochin Devaswom Act and Guruvayoor Devaswom Act. The continuance of the provisions of the proclamation is not necessary and the same is to be deleted from the statute book.

11. Cochin Rubber Theft Prevention Act ,VII of 1089

This Act was passed by His Highness the Maharaja on 23.4.1914 to make special provision to prevent theft of rubber and to repress and punish the offence of receiving or disposing of stolen Rubber in Cochin. To deal with the offence like theft or receiving stolen property there are sufficient provisions in Indian Penal Code. There is no necessity for a special legislation. Hence there is no need to keep alive this Act in the statute book.

12. The prevention of Juvenile Smoking Act , II of 1096.

The said Act was passed by His Highness the Maharaja of Cochin on the 1st day of October 1920. The said Act provides for the prevention of Juvenile Smoking in public places and for seizure of tobacco from youthful person. The punishment provided for the said offence is to receive six stripes in the way of school discipline. The said Act is not being enforced in the Cochin area for years. Further it is proposed to enact a legislation prohibiting smoking in public places. Therefore the aforesaid Act could be repealed.

13. The Cochin Christian Succession Act, VI of 1097

The Cochin Christian Succession Act was pased by His Highness the Maharaja of Cochin on 5.12.1992. The said Act define the rules of law applicable to intestate succession among Christians in Cochin State. The said Act was not repealed by section 6 of the Part B State(Laws) Act III of 1951. Therefore it continued in operation after the formation of the State of Travancore-Cochin and Kerala. Howerver, during 1986, the Hon.Supreme Court in Mary Roy's case, held that the above Act was not saved by sub-secion (2) of section 29 of the Indian succession Act and as such the Law applicable to interstate succession among Indian Christians in Cochin area is Indian succession Act, 1925 and not the Cochin Christian Succession Act. By virtue of the aforesaid decision of the Supreme Court the provisons of the above Act became ineffective with retrospective effect. Therefore the aforesaid Act is to be deleted from the Statute book.

14. The Cochin Joint Land Registration Act, II of 1103

The said Act was passed by his Highness the Maharaja on the 16th day of September 1927. The said Act provide for the joint registration of landholder and occupants of certain lands to enable the Government for the arrears of revenue from occupants jointly registered with landholders. After the passing of the Kerala Land Tax Act, the said enactment has no relevancy. The same may be deleted from the statute book.

15. Cochin Loans - Proclamation, 1109

Cochin Loan Proclamation 1109 was issued by His Highness the Maharaja of Cochin on the 28th day of February 1934 so as to render assistance to those agriculturists whose lands are in danger of being sold at unduly low price for debts. This proclamation was made as a timely arrangement to assist the agriculture debtors, to release their debt by procuring loan rasised from the Government. The periodic validity of the first charge in favour of Government is already over. There is no need to keep this Proclamation in the statute book.

16. The Validating and Indemnity Act , X of 1109

The purpose of the Act was to ratify and validate certain actions taken by M.P.Krishna Menon for and on behalf of the Ernakulam Municipal Council and as Chairman of the Council. As the purpose of the Legislation was served long ago, this law need not be retained.

17. Relief to Kuries Subscribers - Proclamation ,1 of 1112

Relief to Kuries Subscribers Proclamation was enacted to give relief to representations regarding the desirability of continuing the operation of the proclamation relating to Kuries issued under the Proclamation dated 29th day of Chingam 1111. The said Proclamation has no relevance now. This may be deleted from the statute book.

18. Kanams and panayams - Proclamation ,III of 1112

Kanams and Panayams proclamation was issued by His Highness the Maharaja of Cochin in 1112, to remove the inonvenience caused to the litigants regarding Kanams and Panayams, under the issuance of proclamation dated 15th Edavam 1107. This proclamation is issued to repeal an earlier proclamation dated the 15th day of Edavam 1107 in connection with Kanams and Panayams. These tenancy rights were abolished by the Kerala Land Reforms Act, 1963. Therefore there is no necessity to retain the proclamation in the Statute book. The same may be repealed.

19. Proclamation , V of 1112

This proclamation was issued by His Highness the Maharaja of Cochin on the 26th day of June 1937 to change all enactments passed as regulations into Acts.

As the purpose of the proclamation has been served years ago, this proclamation need not be retained in the statue book.

20. The Cochin Carriers Act, 1112.(XVI of 1112)

The said Act was passed by His Highness the Maharaja of Cochin on the 25th day of December 1936. The said Act not only enabled the Common Carriers to limit their liability for loss of or damage to property delivered to them to be carried but also to declare that liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves their servants or agents. The said Act applies only to Cochin area. The carriers Act, 1865, Carriage by Air Act, 1972, Carriage of Goods by Sea Act, 1925, Contract Act, 1872, Railways Act, 1890, Sale of Goods Act, 1930, Merchant Shipping Act, 1968 etc. provides similar provision for rights and liabilities of Common Carriers. Therefore it is not necessary to keep alive the provisions of the said Act. The same may be deleted from the statute Book.

21. Landing and Shipping Fees -Proclamation III of 1113

Landing and Shipping fees proclamation was issued by His Highness Sir Sree Rama Varma G.C.I.E. Maharaja of Cochin on 24th day of June 1938. The said proclamation provides for the levy of Landing and Shipping Fees upon passengers and goods landed from or shipped into any vessel lying or being within the limits of the Port of Cochin. At present administration and activities of the Cochin Ports are governed by the Indian Ports Act, 1908 and Major Port Trusts Act, 1963. Therefore it is not necessary to keep alive the provisions of the said Act. The same may be removed from the statute book.

22. Proclamation , II of 1114

The Proclamation II of 1114 was promulgated by his Highness Sree Ramavarma G.C.I.E. Maharaja of Cochin on 13th day of October 1938, consequent to the surrender of Naduvil Madhom Trichur to the Government. The proclamation was issued making applicable the provisions of Cochin Revenue Recovery Act for the better management of those properties. The Cochin Revenue Recovery Act IV of 1083 was repealed by the enactment of the Cochin Revenue Recovery Act, 1951 (Published in Part I Section III of the Gazette dated 22nd May 1951) which was later repealed by the Kerala Revenue Recovery Act, 1968 (15 of 1968). Hence, the proclamation of 1114 has now no relevance. The same may be removed from the statute book.

23. Proclamation – VII of 1115.

The Proclamation VII of 1115 was promulgated by His Highness Sir Sree Ramavarma, G.C.I.E, Maharaja of Cochin, on the 30th day of November 1939, making applicable the provisions of Cochin Revenue Recovery Act IV of 1083, for the efficient and prompt collection of pattom, michavaram etc. to the Palliara Muthalpidi Estate and to the Devaswoms under the Management of the said Estate.

All kinds of tenancy rights were abolished after the coming into force of the Kerala Land Reforms Act, 1963. Therefore there is no necessity to retain the above proclamation.

24. Koodalmanikam Proclamation (IX of 1115) (Annulment of Decree, in O.S. 173 of 1114 – Proclamation).

This proclamation was promulgated by His Highness the Maharaja of Cochin on 17.4.1940. By the proclamation, the decree in O.S.No.173 of 1114 of the Anjikaimal District Court, which permanently restrained the Thachudaya Kaimal from exercising the rights, privileges and duties pertaining to “Sthanam” of the Kaimal in the Koodalmanikam Temple, was annulled. Since section 34 of the Koodalmanikam Devaswam Act, 1971, (7 of 1971) repealed all the previous Koodalmanikam proclamations, there is no necessity to retain this proclamation alone. Therefore the proclamation 9 of 1115 can be repealed.

25. The Cochin Town Councils Act, 1115 (Act XXVI of 1115)

The Act was passed by His Highness the Maharaja of Cochin on 22.5.1940 for the better administration of certain local areas to be constituted as Towns. The same has not been repealed by the Municipal Laws passed by the legislature from time to time.

Now the subject matter of the Act, has been covered by the Kerala Municipalities Act, 1994, there is no need to keep alive this Act in the Statute Book. Therefore, the Cochin Town Councils Act (Act XXVI of 1115) can be repealed.

26. The Cochin Port Roads Control Act , X of 1117

This Act was passed by His Highness Sree Kerala Varma Maharaja of Cochin on the 17th July 1942. It provides for the levy of special fees on carriage and carts entering the port roads and of terminal fees on goods carried by such roads and for regulation of traffic in such roads.

Now all the functions of the Cochin Port are being exercised under the provisions of the Indian Port Act, 1908 and the Major Port Trust Act, 1963.Hence there is no need to keep alive Cochin Port Roads Control Act (Act X of 1117) in the Statute Book and the same may be repealed.

27. The Penalties (Enhancement) -Proclamation , XV of 1117

The proclamation promulgated by His Highness Sree Kerala Varma, Maharaja of Cochin and published in the Cochin Government Gazette dated 26th Medam 1117(9th May 1942) enhancing the penalties provided by Law for the punishment of certain offences, mainly under the Cochin Penal Code in respect of war crimes. As the Cochin Penal Code is not in force this proclamation has no relevance and may be removed from the statute book.

28. The Collective Fines -Proclamation , XXIII of 1117

The proclamation was promulgated by His Highness Sree Kerala Varma, Maharaja of Cochin on the 29th day of June 1942 imposing collective fines in connection with offences prejudicially affecting the defence of Cochin or the efficient prosecution of war. This proclamation has no applicability since the integration of states and hence the same may be removed from the Statute Book.

29. Denial of value for the improvements – Proclamation , XVIII of 1117

The said proclamation was promulgated by His Highness Sree Kerala Varma Maharaja of Cochin on the 11th day of July 1942. The proclamation provides that lessees shall not be entitled to claim value for the improvements effected by them during the period of the lease in respect of lands leased to them in pursuance of the scheme for Food Production. The scheme mentioned in the proclamation is not in existence for long years. Further creation of lease after the coming into force of the Kerala Land Reforms Act is prohibited. Therefore it is not necessary to retain the above proclamation in the statute book.

30. The Cochin Village Courts Act, XII of 1118.

This Act together with four other Acts, have been repealed by the Kerala Village Courts Act, 1960 (Act 6 of 1961). But the Kerala Village Court Act, 1960 was not brought into force and the repeal of the said un-enforced Act, necessitates the repeal of the Cochin Village Courts Act, XII of 1118, once again.

31. The Devaswam Verumpattom (settlement) -Proclamation XXIII of 1118.

This proclamation was promulgated by His Highness Sree Kerala Varma, Maharaja of Cochin on 26.7.1943 to confer certain special rights to pattadars of lands held on verumpattam under Devaswam and to fix in perpetuity, the rent payable by them. Some of the provisions of the proclamation was subsequently amended by the Kerala Land reforms Act, 1963 ( 1 of 1964) and the special rights given to the pattadars were taken away. Therefore there is no necessity to retain the said proclamation in the statute book. The same may be deleted.

32. Cultivable Lands Left Uncultivated Penalizing of -Proclamation XXIX of 1118.

The said proclamation was promulgated by His Highness Sree Kerala Varma Maharaja of Cochin on the 15th May 1943. The said regulation applied in Cochin area only. The said proclamation directed that all lands fit for the raising of food crops should be brought under cultivation and discourage planting of sugar cane in paddy fields. After the coming into force of the Land Utilisation Order, 1967 the said proclamation became ineffective. Therefore it is necessary to delete the above proclamation from the statute book.

33. The Chittur Cess Recovery Act, II of 1123

The said Act was passed by His Highness the Maharaja of Cochin in the 6th day of September 1947. The said Act provides temporarily for the recovery by coercive process of the water cess due to Government for the water supplied from the private irrigation systems in Chittur taluk requisitioned by Government under the Defense of India Rules. The said Act has been impliedly repealed by passing of Travancore Cochin Irrigation Act 1956. Therefore it is necessary to delete the above Act from the statute book.

34. The Cochin Statistics Act, XXXIV of 1124

The Cochin Statistics Act was passed by His Highness the Maharaja of Cochin on 22.6.1949, to facilitate the collection of statistics relating to agriculture, livestock, trade, prices etc. It applies only to erstwhile Cochin area. After the application of the Collection of Statistics Act, 1953 (Central Act 32 of 1953) Cochin Statistics Act now have relevance only in the matter of collection of Statistics about agriculture, livestock and other non-commercial things and that too only in the Cochin area. There are separate schemes for periodic collection of agriculture, livestock and other census for the whole state. Since this Act is now inoperative, there is no need to retain it in the statute book.

35. The Travancore – Cochin Vehicles Taxation Act, 1950 (Act XIV of 1950)

The Travancore Cochin Vehicles Taxation Act, 1950 (Act XIV of 1950) is deemed to have come into force on 1.4.1950. It provided for the levy of a tax on vehicles (both vehicles other than Motor and Motor Vehicles) in the State of Travancore – Cochin. By the enactment of the Kerala Motor Vehicles Act, 1963, by section 26 thereof, the provisions of the Travancore-Cochin Vehicles Taxation Act, 1950 in so far as they relate to taxation and licensing of motor vehicles were repealed. The remaining provisions relate to taxation of vehicles other than motor vehicles and are not implemented by the Government for a number of years now. There is no need to retain this Act in the statute book.

36. The Travancore Cochin Drugs (Control) Act, 1950 (Act XXIII of 1950)

This Act was enacted to provide for the control of the sale, supply and distribution of drugs in the state of Travancore-Cochin and the same was published in the Gazette dated 6.6.1950. Subsequent to this, chapter IV of the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940) was made applicable to the Travancore-Cochin area with effect from 1.12.1953. Chapter IV of that Act deals with manufacutre, sale and distribution of drugs and cosmetics. By virtue of the extension of the Central Act, the Travancore -Cochin Act became ineffective since 1.12.1953.

Certain Siddha Vaidyans and the All India siddha Vaidya federation have represented to the committee that secion 2(b) of the Travancore-Cochin Drugs (Control) Act, 1950 exempted the manufacture of traditional drugs from the purview of the Act and as such the repeal of the said Act will adversely affect the medical practitioners in preparing the traditional medicines. The definition of "drug" as defined in 2(b) will not cover the traditional ayurveda and unani preparations as such.. The said traditional preparaions are not covered under the Central Act also. Further the provisons of the Central Act as such are being followed throughout the state for a number of years now. The exclusion of tradional medicines from the purview of the law on drugs will not in any way be affected by the repeal of an Act which became inoperative nearly five decades ago.

37. The Travancore – Cochin Sale of Khaddar Act ,1951 ( Act XX of 1951)

The Act came into force by Notification dated 9th May 1952 and published in the Gazette dated 20th May 1952, which is intended to regulate the sale of Khaddar or Khadi in the State of Travancore-Cochin. Now the licenses to shops are being issued by Local Authorities under the Kerala Panchayat Raj Act, 1994 and the Municipalities Act, 1994. There is no necessity to have a special legislation for this purpose. Hence there is no need to keep alive this Act in the Statute book.

38. The Travancore – Cochin Village Court Act, 1953 (VII of 1954).

This Act, together with 4 other Acts, have been repealed by section 113 of the Kerala Village Courts Act, 1960 (Act 6 of 1961). But the Kerala Village Court Act, 1960 is not brought into force and repeal of the said un-enforced Act, necessitates the repeal of the Travancore – Cochin Village Court Act, 1953 (VII of 1954).

39. The Travancore -Cochin Transfer of Property (Agricultural Lands) Act 1955. (Act XI of 1955).

This is an Act to define and amend the law relating to transfer of agricultural lands by act of parties.

The Act was introduced with a view to extend the provisions of T.P. Act 1882 to whole of the State of Travancore-Cochin and came into force on 1.7.1955. Subsequently the Transfer of property Act, 1882 had been adapted by the Adaptation of Laws order (No.2) 1956. Therefore the Travancore-Cochin Transfer of property (Agricultural Lands) Act, 1955 has no application at present and hence could be repealed.

40. The Municipal (Temporary Provisions) Amendment Act, 1956.

This Amendment Act was published in the Gazette Extraordinary on 12.3.1956 and was to extend the term of Office of the Mayor, the Chairman of Standing Committees and the Councilors of the Corporation of the city of Trivandrum and of the Chairman and Members of all the Municipal Councils constituted under the Travancore District Municipalities Act, 1116 (111 of 1116) and the Cochin Municipal Act, XVIII of 1113, holding office at the commencement of the Municipal (Temporary Provisions) Amendment Act, 1953 up to 15.3.1956. The said Act was impliedly repealed by the Kerala Municipalities Act, 1960 (Act 14 of 1961) and the Kerala Municipal Corporation Act, 1961 (Act 30 of 1961). At present, the Kerala Municipalities Act 1994 is in force throughout the State, repealing the above two Acts. Hence the 1956 Act is to be deleted from the statute book.

41. The Indian Civil Service Madras Loans Prohibition Regulation, 1802 (XIX of 1802)

This regulation was for prohibiting Covenanted Civil Servants of the Government employed in the administration of Justice or the Collection of Public revenue, lending money to Zamindars, independent Taluqdars or other actual proprietors of land or dependant Talugdars or farmers of land, holding farms immediately of the Government. This Act was published on 21.2.1962 and brought into force on 1.4.1962.

There are no covenanted civil servants in service. The provisions of the Central All India Services Act, 1951 and the Government Servants conduct Rules, 1960 are sufficient enough to deal with the objective of the said Regulation. Hence there is no need to retain this Act in the Statute Book and it can be repealed.

42. The Madras Land Registration Regulation, 1802

The Madras Land Registration Regulation, 1802 was issued for governing the registration of landed estates paying revenue to the Government in the territories subject to the presidency of Fort St. George.

The existing provisions of this regulation authorises the Collectors to keep registers of revenue paying lands and transfer of land and it declares the unregistered transfers of land as invalid. It applies to the Malabar area.

Now the registration of properties is regulated by the provisions of the Registration Act, 1908 and mutation of land in the revenue records are made immediately after the registration of the documents. Hence there is no need to keep alive the Madras Land Registration Regulation, 1802 in the Statute Book and it can be repealed.

43. The Madras Village Police Regulation ( XI of 1816).

This Regulation was published in the Fort St. George Gazette on 13.9.1816 for the establishment a general system of police through the territories subject to the Government of Fort St. George. Through the Kerala Adaptation of Laws order, 1956, this regulation was made applicable to the Malabar area, by omitting section 7 thereof. The provision in the Kerala Police Act, 1960 and in the Cr.P.C are sufficient to meet the objectives of the provisions of this Regulation. Hence there is no need to retain the regulation in the statute book.

44. The Madras Village Lands Disputes Regulation (XII of 1816)

The Madras Village Lands Disputes Regulation was enacted for authorizing Collectors to refer claims regarding lands or crops, the validity of which claims may depend on the determination of a disputed boundary as also certain disputes respecting the occupying, cultivating and irrigating of land, to be tried and determined by Village and District Panchayats. The Kerala Survey and Boundaries Act contains provision for settlement of disputed boundary. Further there is provision in the Criminal Procedure Code empowering the collector to settle the disputes regarding occupancy, cultivation etc. of lands. The above Act has no relevance now. The same may be deleted from the statute book.

45. The Madras Revenue Recovery (Military Proprietors) Regulation, 1817.

The above said regulation was issued on 9.12.1817, for regulating the procedure where the estate of an officer or soldier in the Madras command become liable to sale for arrear of revenue. The Madras Command ceased to exist long ago. Therefore, there is no necessity to retain such a regulation. Hence the same may be repealed.

46. The Madras Hindu Wills Regulation (V of 1829)

This Regulation was issued for modifying section 16, Regulation III of 1802 and for declaring legal force of wills left by Hindus in conformity with Hindu law according to authorities prevalent in the respective provinces.

The Indian Succession Act, 1925 (Act 39 of 1925) was an enactment to consolidate the law relating to intestate and testamentary succession. According to Section 30 of the Hindu Succession Act, 1956, any Hindu may dispose of by will or testamentary disposition of any property which is capable of being disposed by him in accordance with the provision of Indian Succession Act, 1925 or any other law for the time being in force. The provisions of Part VI of the Indian Succession Act shall apply to all wills and codicils made by any Hindu, Buddhist, Sikh or Jains on or after first day of 1927.

In view of the existence of this Central enactment dealing with testamentary succession, there is no need to retain the Act in the Statute book.

47. The Madras Sale of Minor’s Estates Regulation, 1831.

This is a regulation intended to prohibit the sale of estates belonging to minors not under the charge of Court of wards and to extend the provisions of section 20, Regulation V, 1804 to property of every description not subject to the jurisdiction of that Court. The said Act is applicable only in the Malabar area. The Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956 were later enacted for the protection of minors estates. The said Laws cover the matters mentioned in the 1831 regulation. Hence there is no need to retain this Regulation in the statute book.

48. Madras District Limits Act, 1865 1878 (Act 1 of 1865).

This is an Act to provide for alteration of the limits of Districts or Zilas in the Madras Presidency. This Act was subsequently amended and adopted by Adoption Laws 1937 and 1950. This Act is now applicable to the erstwhile Malabar area of the Kerala State only.

According to the Article 2 A of the constitution the power of formation of States are being exercised by the Parliament and within the State,formation of districts and taluks is being done by Government exercising powers conferred by the State laws.

The Act empowered alteration of the limits of the districts in Malabar area. Similar law is not available in Travancore Cochin area. In Travancore Cochin area it was done by executive orders. Further there is no proposal to alter the existing limits of the districts in the State. Therefore the Madras Act can be repealed.

49. The Madras Coffee – Stealing Prevention Act (VIII of 1878)

This Act was published in the Fort St. George Gazette dated 28.10.1878 to make special provision to prevent thefts of coffee, and to repress and punish the offence of receiving and disposing of stolen coffee in the neighborhood of coffee plantations or estates.

The offences like theft, receiving of stolen properties etc. are defined in the Indian Penal Code and the provisions of the said code are sufficient to cover the objectives. A special legislation as the Madras Coffee-stealing Prevention Act is not necessary. Therefore, the said Act may be removed from the statute book.

50. The Madras Ports Police Act, 1881 (1 of 1881)

This Act was published in Fort St. George Gazette on 29.1.1991 to provide for the maintenance of a Special Police Force in the ports of the Presidency of Fort St. George.

The purpose of this Act was to make special provision for the security of the traffic between the shore and shipping in the ports of Presidency of Fort St. George. This Act only applies to the ports of Malabar area. Now the matters of security etc. of each port are being carried out by the port authorities, under the provisions of Indian Ports Act, 1908. Hence this Act became redundant and there is no need to retain this Act in the Statute Book.

51. Railway Protection Act, 1886 (IV of 1886.)

The purpose of the Legislation as stated in the preamble is to provide for the prevention of injury to Railways from the escape or over flow of water from irrigation works situated upon the lands of Zamindars and other landholders. The field is now occupied by the Indian Railways Act, 1890, which contains provision to protect all properties of Railways. The State Act has no relevance and has to be repealed.

52. The Madras Village Courts Act, 1888 (1 of 1889).

This Act, together with 4 other Acts, have been repealed by section 113 of this Kerala Village Courts Act, 1960 (Act 6 of 1961). But the Kerala Village Court Act, 1960 is not brought into force and repeal of the said un-enforced Act, necessitates the repeal of this Madras Village Courts Act, 1888 (1 of 1889).

53. The Madras Town Nuisance Act 1889 (III of 1889)

This Act was brought into force on 1st July 1891 by Notification No.236 Judicial 11th May 1891. This is an Act to consolidate and improve the law relating to nuisances in places outside the town of Madras. All the provisions contained in the Act are now covered by the Central and the State Acts, the Indian penal code 1860, the M.V. Act 1988, the Municipalities Act 1994, and the Panchayat Raj Act 1994. Therefore this Act has no relevance now and may be repealed.

54. Malabar Land Registration Act, 1895 (Madras Act .III of 1896)

This Act intends to make better provision for the registration of properties of estates subject to the payment of revenue direct to Government in Malabar. This Act was adopted to Malabar Area by the Adoption of Laws Order, 1956. By section 4 of this Act the District Collector shall fix for each Taluk or such other local area, the date before which the proprietors of the estates situated therein may apply to have their names registered. The proviso to the section stipulates that such date or altered date shall not be more than four months from the date of the publication of the same in the District Gazette.

Since this is an Act of 1896, and the period of implementation was over long ago and there is no need to retain this Act in the statute book. Therefore, the Malabar Land Registration Act, 1896 can be repealed.

55. The Malabar Wills Act 1898 (V of 1898)

This Act received the assent of the Governor General and was published in the Fort St. George Gazette dated 16.8.1898 and came into force on 2.9.1898 by Notification No.421 dated 2.9.1898. It intended to declare the testamentary power to persons governed by the Marumakkathayam or the Aliyasanthana law of inheritance and to provide rules for the execution, attestation, revocation and revival of the wills of such persons.

As per section 30 of the Hindu Succession Act, any Hindu may dispose by will or testament disposition property, which is capable of being so disposed of by him, in accordance with the Indian Succession Act, 1925, or any other law for the time being in force and applicable to Hindus. Also, the law relating to testamentary disposition by Mappillas governed by the Marumakkathayam or the Aliyasanthana Law of inheritance is defined in the Mappila Wills Act (VII of 1928). It provides that the testamentary disposition to which the Act applies shall be governed by the Muhammadan Law relating to wills and not by the Malabar Wills Act, 1898.

Hence there is no need to retain the Malabar Wills Act, 1898, in the Statute Book. Therefore this Act can be repealed.

56. The Madras Limited Proprietors Act, 1911 (IV of 1911).

This Act was published in the Fort St. George Gazette on 18.7.1911. The purpose of the Act was that certain person who are not proprietors as defined in the Madras Proprietary Estate’s Village Service Act, 1894, the Madras Hereditary Village Office Act, 1895 and the Madras Survey and Boundary Act, 1897 should be enabled to exercise the powers and discharge the duties of proprietors under the said Acts, and to make provision for the recovery of arrears of revenue from such persons.

But the hereditary Village Offices and the emoluments appertaining thereto in the State of Kerala were abolished by the Kerala Hereditary Village Offices (Abolition) Act 1961 (Act 33 of 1961). And also, Madras Survey and Boundaries Act, 1897 applicable to Malabar area was also repealed by the Kerala Survey and Boundaries Act, 1961 (3 of 1961).

Hence the Madras Limited Proprietors Act has no relevance now and the said Act can be repealed from the statute book.

57. The Madras Commercial Crops Markets Act ,1933 (XX of 1933)

This Act was enacted to provide for better regulation of commercial crops in the presidency of Madras and the establishment of markets for commercial crops in the presidency of Madras. This Act is applicable only to the erstwhile Malabar area of the State.

Regulated markets under a Market Committee were functioning in the Malabar area for arecanut and coconut, under the above Act. When the term of elected members of the Market Committee expired in 1959 the Market Committee has been functioning only in a technical sense under the Chairmanship of the District Collector, Kozhikode. Over the years, the Market Committee and the four regulated markets have virtually come to a standstill in view of a number of writ petitions filed in the High Court challenging the constitutional validity of the 1933 Act and the fact that other parts of state – the Travancore Cochin area – are not covered by such regulation. The Hon. High Court has now held that the provisions of the aforesaid Act are unconstitutional and has struck down the actions taken by the Market Committee. Therefore, the Act has to be removed from the statute book.

The Law Reforms Committee has received representations from the employees and their associations stating that the Malabar Market Committee has assets consisting of land and buildings at different places in Malabar area and also certain liabilities towards its employees. There fore they have requested that the proposal to repeal the Madras Commercial Crops Markets Act may be deferred until the affairs of the Malabar Market Committee, its employees and pensioners are finally and fully sttled by Government as per rules.

As per the provisions of the Act once the committee is dissolved its assets and liabilities will vest with Government. In this case the assets and liabilities are now vested with the Government and the employees have also approached the court for setting their liabilities. The liabilities of the empolyees can be settled by Government or on the basis of the verdict of the court. The same will not stand in the way of repealing the afore said Act.

58. The Madras Debtors Protection Act, 1934 (Act VII of 1934).

This Act was enacted for the protection of certain classes of debtors in the presidency of Madras and for regulating the keeping of Accounts by certain classes of creditors. This Act extends to the erstwhile Malabar was published in Fort St. George Gazette on 26.3.1935 and was brought into force with effect from 15.1.1936. At present, the Banking Regulation Act, 1949 regulates banking in India. Moreover Banking institutions working under this Central Act are subject to the control of Reserve Bank of India. A Banking company shall be bound to abide by the banking policy issued by Reserve Bank or Central Government. In the case of pawnbrokers and moneylenders, the provision in the Kerala Money Lenders Act, 1958 are sufficient to protect the interest of the debtors.

Hence the provisions in the Banking Regulation Act 1949, the Reserve Bank of India Act, 1934 and Kerala Money Lenders Act, 1958 are sufficient to meet the requirement under the Madras debtors protection Act, 1934. Therefore it may be repealed from the Statue Book.

59. The Madras Betting Tax Act, 1935 (XX of 1935)

This is an Act, which provides for the levy of tax on certain forms of betting in the erstwhile presidency of Madras and the same was published in the Fort St. George Gazette dated 19th November 1935. The Act provides for the levy of totalizator tax and of tax on bets made with bookmakers. No tax is being levied in Malabar area by invoking the provision of the said Act forthwith. Kerala Gaming Act, 1960 had been passed to make better provision for the punishment of gaming and the keeping of common gaming houses in the State of Kerala. As per the Kerala Gaming Act, 1960, gaming includes betting and wagering. Hence there is no necessity to retain the Madras Betting Tax Act in the statute book.

60. The Madras Debt Conciliation Act, 1936 (XI of 1936).

The Madras Debt conciliation Act is enacted to relieve agriculturists from indebtedness by amicable settlement between them and their creditors by constituting Boards, at district level. As per the provision of the Act the period of filing application for settlement of dispute has already been over and there is no such board is functioning now. Therefore there is no necessity to retain the said Act in the statute book. The same may be deleted from the statute book.

61. Madras Traffic Control Act,1938 (V of 1938).

This Act was introduced to enable the provincial Government to make provision for the control of traffic in public places in the province. Now the Central Act, the Motor Vehicles Act, 1988 is in force in all States and all the Acts corresponding to the M.V. Act immediately preceding in force was repealed as per section 217 of the M.V. Act 1988.

Hence the Madras Traffic Control Act may be removed from the Statue Book.

62. Removal of Disabilities Act ,1938 (XXI of 1938)

This enactment was for the removal of civil disabilities which are imposed by social customs and usages on certain classes of Hindus community known as Harijans, untouchables or depressed classes and are repugnant to modern conditions and ideas of justice and social solidarity. This Act was published in St. George Gazette dated 24.1.1939, and it extends to the area of erstwhile Malabar only.

Untouchablity and its practice in all forms have been abolished by Article 17 of the Constitution. In the absence of a Central Law on the subject, the Protection of Civil Rights Act, 1955 (Act No.22 of 1955) was enacted by parliament to prescribe punishment for preaching and practice of untouchability and for enforcement of any disability arising therefrom and for matters connected therewith.

As constitutional remedies and the Protection of Civil Rights Act, 1955 covering the objectives of the Removal of Civil Disabilities Act, 1932 are available, there is no necessity in keeping this Act in the Statute book and it can be repealed.

63. The Madras Aided Institutions (Prohibition of Transfers of Property) Act, 1948 (XIV of 1948).

This Act was enacted to prohibit transfers of certain lands and buildings by Managers of the Educational Institutions in the State of Madras. This Act is applicable only to the erstwhile Malabar area and was published in the Fort St. George Gazette on 15.6.1948.

Now grants to the aided institutions such as schools and colleges are being granted on the basis of the provisions contained in the Kerala Education Act and the Rules made thereunder and direct payment agreement. Hence there is no need to retain this Act in the statute book and it can be repealed.

64. The Madras Jute Goods Control Act, 1949 (XXVIII of 1949)

This Act was enacted for the regulation of the production, supply and distribution of Jute goods in the province of Madras and published in the Fort St. George Gazette dated 14.12.1949. This Act is applicable only in Malabar area and was adapted by K.A.L.O. 1956. The Essential Commodities Act, 1955, a Central Act has been enacted for the control of the production, supply and distribution of and trade and commerce in certain commodities and is extended to the whole of India. The term Essential Commodity has been defined in Section 2 (a) of the Act wherein Jute is defined as an essential commodity. Section 16 of the said Act makes provision for the repeal of any other law in force in any State immediately before the commencement of this Act in so far as such law controls and authorizes the control of the production, supply and distribution of, and trade and commerce in, any essential commodity. Hence the Madras Jute Goods Control Act, 1949 has been impliedly repealed by section 16 of the Essential Commodities Act, 1956. Hence it is not necessary to retain this Act in the statute book.

65. The Madras Drugs (Control) Act ,1949 (XXX of 1949)

This Act was enacted to provide for the control of the sale, supply and distribution of drugs in the erstwhile State of Madras. The assent of the governor General was received on 13.12.1949 and the Act was published in the Fort St. George Gazette (Extra ordinary) on 15.12.1949. By the Kerala Adaptation of Laws Order, 1956, this Act was made applicable for the erstwhile Malabar area.

At present, the provisions of the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940) are being followed by the Drugs Control Department for the Malabar area. Hence there is no need to keep alive this Act in the statute book. Therefore the Madras Drugs (Control) Act, 1949 (XXX of 1949) may be repealed.

66. The Madras Cotton (Trade Stocks) Census Act, 1949 (XLVII of 1949)

This Act was first published in the Fort St. George Gazette on 24.1.1950, and was enacted to provide for the collection of Statistics relating to stocks of Indian raw cotton held by traders and owners of ginning and processing factories in the province of Madras. This Act was adapted by the K.A.L.O. 1956 for the erstwhile Malabar area.

The Collection of Statistics Act, 1953 (32 of 1953) is a Central Act in this subject matter now applicable to the whole State and which covers all the provisions of the Madras Act, 1949.

Hence there is no need to retain the Madras Cotton (Trade Stocks) Census Act, 1949 in the Statute book and therefore may be repealed.

67. The Madras Educational Institutions (Temporary Control of Property) Act, 1949 ( XLVIII of 1949).

This Act was enacted for taking over for a temporary period, control of property use for educational purposes and certain other matters where recognition is withdrawn or closed before the last day of the academic year. Similar provision is available in the Kerala Education Act, 1958. The Madras Act can be repealed.

68. The Madras Jute (Control of Price and Sales) Act, 1950 ( V of 1950).

This Act was published in the Fort St. George Gazette on 25.4.1950 and was adapted by K.A.L.O. 1956. This Act is applicable only in the Malabar area. The objective of the Act was controlling the prices and sales of Jute in the State of Madras. The Essential Commodities Act, 1955, a Central Act has been enacted for the control of the production, supply and distribution of and trade and Commerce in certain commodities and extended to the whole of India. The term “Essential Commodity” has been defined in section 2(a) of the Act, wherein Jute is defined as an essential commodity. Section 16 of the said Act makes provision for the repeal of any other law in force in any state immediately before the commencement of this Act in so far as such law controls or authorises the control of the production, supply and distribution of, and trade and commerce in, any essential commodity. Hence the Madras Jute (Control of Prices and Sales) Act, 1950 has been impliedly repealed by section 16 of the Essential Commodities Act, 1955. It is not necessary to retain this Act in the Statute Book.

69. The Madras Village Panchayat Act, 1950 (X of 1950) (Section 132 only).

The Madras Village Panchayat Act, 1950 (X of 1950) except Section 132 thereof, was repealed by the Kerala Panchayat Act, 1960. The remaining section i.e. section 132 was also repealed by section 113 of the Kerala Village Court Act 1960 (Art 6 of 1961). But the Kerala Village Courts Act, 1960 is not brought into force and the proposed repeal of this said un-enforced Act, necessitates the repeal of section 132of the Madras Village Panchayat Act, 1950 (X of 1950).

70. The Madras Cotton Control Act, 1952 ( XV of 1952)

This Act was published in the Fort St. George Gazette on 31st December 1952 and was adapted by K.A.L.O. 1956. This was applicable only in the Malabar area. The objective of the Act is for regulating or prohibiting the cultivation of any specified variety of cotton, the mixing of any specified variety of cotton with any other variety of cotton and possession or use of, or trade in any specified variety of cotton in certain areas in the State of Madras.

The Essential Commodities Act, 1955, a central Act, has been enacted for the control of the production, supply and distribution of, and trade and commerce, in certain commodities, and is extended to the whole India. The term “Essential Commodity” has been defined is Section 2 (a) of the Act, wherein cotton is defined as an essential commodity. Section 16 of the said Act makes provision of the repeal of any other law in force in any State immediately before the commencement of this Act in so far as such law controls or authorises the control of the production, supply and distribution of, and trade and commerce in, any essential commodity. Hence, the Madras Cotton Control Act, 1952 was impliedly repealed by section 16 of the Essential Commodities Act, 1955. Hence it is not necessary to retain the name of the Act in the statute book.

71. The Madras Installation of Oil Engines (Temporary Permission) Act, 1954.(XXIII of 1954)

This Act was enacted to provide for and validate the grant of temporary permission for the installation of oil engine in areas within the jurisdiction of local authorities in the State of Madras by the respective Municipal Laws. The Municipal Laws mentioned in the said Act were already repealed. There are specific powers in the present Municipal Act to grant permission for installation of oil engines etc. Therefore there is no necessity to retain the above Act in the statute book.

72. The Madras Hill Stations (Preservation of Trees) Act, 1955 (XVII of 1955).

The Act was published in the Fort St. George Gazette Extra Ordinary dated 2nd September 1955 for the regulation of the cutting of trees and the cultivation of land in hill stations in the State of Madras. The Kerala preservation of Trees Act, 1986 is an act to provide for the preservation of trees in the State of Kerala which is now in force in the entire state and there is no necessity in keeping the Madras Hill Stations (Preservation of Trees) Act, 1955 in the Statute Book and the same may be repealed to the extent applicable to the State.

73. Madras Silkworm Seed (Production, Supply and Distribution) Act, 1956 (XXIII of 1956).

This Act was published in the Fort St. George Gazette dated 31.10.1956. By the formation of the State of Kerala, it became applicable to the erstwhile Malabar Area. It provides for the regulation of production, supply and distribution of silkworm seed in the State of Madras. It seems that this Act was not enforced in the Malabar Area.

As per the order issued by the Central Government dated 26.9.1959, under the Essential Commodities Act, 1955, the field is now occupied by the Central Act and thus this Act became redundant and may be repealed .

74. The Judicial Proceeding (Validation)Act, 1958 (Act 33 of 1958)

The Act was enacted to validate acts and proceedings of certain Courts during the period between 1st day of November 1956 to the 6th day of November 1956 even though the said Courts were abolished w.e.f. 1.1.1956. The purpose of the Act is over. There is no necessity to retain the same in the Statute Book.

75. The Kerala Weights and Measures (Enforcement) Act, 1958 ( Act 45 of 1958)

This Act was enacted for providing for the enforcement of standard weights and measures and for matters connected therewith. This was published in the Kerala Gazette (Extra ordinary No.144) on 27.12.1958. A new Central Act “The Standards of Weights and Measures Act, 1976”, enacted with the view of modernizing the system of weights and measures in the country, has necessitated the revision of enforcement laws of the states. Accordingly, Parliament enacted the Standards of Weights and Measures (Enforcement) Act, 1985, the provisions of which ensure country wide uniformity, both in the procedures and in the scope of coverage of legal control of weights and measuring instruments. The said Act came into force in the whole State of Kerala on 24.7.1992 vide notification No.G.O. (Ms) 337/92/RD dated 24.7.1992 and that alone is being enforced now. Hence there is no need to retain the 1958 State Act on the statute book and it can be repealed.

76. The State Transport Authority and the Regional Transport Authorities (Continuance of the term of office) Validation Act, 1960 (Act 26 of 1960)

This Act was enacted for validating the continuance of the term of office of the State Transport Authority and Certain Regional Transport Authorities after the expiry of their terms of office. This Act was published in the Gazette on 1.11.1960. As the purpose of the Act has already been served there is no necessity to keep alive this Act. Hence it can be repealed.

77. The Kerala Village Courts Act 1960 (Act 6 of 1961)

The Kerala Village Courts Act, 1960, passed by the Kerala Legislative Assembly, obtained the assent of the President on 2.3.1961 and was published in the Kerala Gazette Extra Ordinary No.27 dated 11.3.1961. It was aimed to consolidate, amend and unify the laws relating to village Panchayat Courts and Village Courts in the State of Kerala. Section I (3) provides that the Act that shall come into force on such date as the Government, may by notification in Gazette appoint. But till date it has not been brought into force. In the matter of Administration of Justice there has been reluctance allround to set up courts outside the independent judicial system. Hence the non enforcement of this law for over four decades. There is no point in retaining it in the statute book and it may be repealed.

The said Act also sought to repeal the following Acts, namely:-

The Cochin Village Courts Act, XII of 1118, the Travancore Village Panchayat Courts Act, 1090 (1 of 1090), the Madras Village Courts Act, 1888 (1 of 1889), the Travancore Cochin Village Court Act, 1953 (7 of 1954) and Section 132 of the Madras Village Panchayat Act, 1950 (X of 1950). As a consequence of the repeal of the Kerala Village Courts Act the above mentioned Acts will have also to be repealed. (Separately listed in this note)

78. The Kerala Hereditary Village Offices (Abolition) Act, 1961 (Act 33 of 1961).

This Act was enacted for the purpose of abolishing hereditary village offices in the State of Kerala. This Act was published in the Gazette on 24.11.1961. The duties attached to the abolished village offices are now being done by Revenue Department. Hence this Act may be removed from the Statute Book.

79. The Kerala Land Acquisition Act, 1961 (Act 21 or 1962)

This Act was enacted to unify and amend the law for acquisition of land for public purposes in the State of Kerala. This Act was published in the Gazette Extra Ordinary dated 6.9.1962.

The Land Acquisition Act, 1894, a Central Act, dealing the same subject matter is in force in the State at present. During 1984, the Parliament made major modifications to the Central Act. As a result the provisions contained in the State Act became repugnant to those in the Central Act and the provisions in the State Act became inoperative. The Government is now invoking the provisions contained in the Central Act for all acquisition proceedings. Therefore the State Act can be repealed.

80. The Kerala University ( Validation of Proceeding of Vice Chancellor) Act, 1963. (Act 5 of 1963)

The main object of the Act is to validate certain acts done, orders passed and sanctions given by the Vice-Chancellor of the University of Kerala, during the period between 2.6.1961 and 23.10.1961 which under the provisions of University Act or statute or ordinance thereunder. Since the action of the Vice Chancellor with respect to the aforesaid period has already been validated there is no necessity to keep alive the Kerala University (validation of proceedings of Vice-Chancellor) Act 1943. This may be repealed.

81. The Luxury Tax on Tobacco (Validation) Act, 1964 (Act 9 of 1964)

This Act was enacted for a specific period beginning with the 17th day of August, 1950 and ending on the 31st December 1957 and was for levy of luxury tax on tobacco and for the validation of the levy and collection of fees for licenses for the vend and stocking of tobacco for the said period. This Act has no relevance after 1957 except for deciding proceedings, if any, pending. It can be repealed.

82. The Kerala Agriculturists Debt Relief Act, 1970. (ACT II of 1970)

The Kerala Agriculturists Debt Relief Act, 1970 provides for some relief to agriculturists in the grants of the debt incurred by them before 14.7.1970. The moratorium period and the period of repayment of debt by the agriculturist under the said Act were already expired. The provision of the Act have no relevance now. The same can be repealed.

83. The Kerala Essential Articles Control (Temporary Powers) Continuance Act, 1970 (Act 1 of 1971).

The Act was published in Kerala Gazette Extra Ordinary dated 16th January 1971, for the purpose of giving continuance to the Kerala Essential Articles Control (Temporary Powers) continuance Act, 1970. As the period of Continuance is over there is no purpose to be served by retaining this Act in the Statute Book.

84. The Madras General Sales Tax (Revival and Special Provisions) Act, 1971 (Act 14 of 1971).

This Act was published in the Gazette Extra Ordinary dated 22nd May 1971 for the purpose of reviving the Madras General Sales Tax Act, 1939 and to make certain special provisions for the levy of tax on the sales of tea and rubber made in the Malabar district during the period commencing on and from the 1st day of April 1951 and ending with the 30th day September 1957. Since the period specified is over there is no purpose in keeping this enactment alive and hence it may be removed from the Statute Book.

85. The Judicial Proceeding (Validation) Act, 1971 (Act 24 of 1971)

The Act published in the Kerala Gazette Extra Ordinary No.189 dated 5th August 1971 was enacted for the purpose of validating certain proceedings, decrees, orders and acts of the Court of District Judges in the State of Kerala in respect of certain land acquisition reference, which the District Court had entertained though without jurisdiction. The enactment was extended for this limited purpose and since the purpose is over there is no necessity to keep the Act in the Statute Book.

86. The Kerala Places of Public Resorts (Validation of levy and collection of license fee) Act, 1971 (Act 27 of 1971)

This Act was published in the Kerala Gazette Extra ordinary No.365 dated 24.8.1971. The purpose of this Act was to validate the levy and collection of certain licence fee under the Kerala Places of Public Resorts Act, 1963, during the period from 1.8.1965 to 10.2.1969.

As the purpose has been served there is no necessity to retain the Act in the Statute Book. Therefore, the Act can be repealed.

87. The Travancore – Cochin Electricity Supply Surcharge (Repeal) Act, 1971 (Act 37 of 1971).

The Act was published in the Gazette Extra ordinary No.488, dated 9th November 1947 repealing the Travancore – Cochin Electricity Supply Surcharge Act, 1955. Since the enactment was made to repeal the Travancore – Cochin Electricity Supply Act and to collect all arrears accrued under the said Act before 1.4.1968 and credited to the K.S.E.B. The object of the Act has already been achieved. There is no necessity to retain the same in the Statute Book.

88. The Kerala Essential Articles Control (Temporary Powers) Continuance Act, 1972 (Act 1 of 1973)

The Act was published in the Gazette Extra Ordinary No.47 dated 15.1.1973 for the continuance of the Kerala Essential Articles Control (Temporary Powers) Act, 1961 for a further period (3 years more). Since the specified period is over there is no necessity in keeping this Act in the Statute Book.

89. The Trivandrum Municipal Corporation (Dissolution) Act 1976. (Act 8 of 1976)

The Trivandrum Municipal Corporation (Dissolution) Act, 1976 was enacted to dissolve the Council of Corporation of the City of Trivandrum. The purpose of this Act has been achieved and the provisions of the said Act has no relevance and the same can be repealed.

90. The S.K.V.A. Co-operative Pharmacy and Stores (Acquisition and Transfer of Undertaking) Act, 1976 (Act 29 of 1976)

This Act received the assent of the President on 5.7.1976 and was published in the Kerala Gazette Extra Ordinary No.410 dated 10.7.1976.

It provides for the acquisition of the undertaking of the S.K.V.A. Co-operative Pharmacy and Stores and the transfer of the undertaking to the Pharmaceutical Corporation (Indian Medicines) Kerala Ltd.

As the purpose of the Act is over, there is no necessity to retain the same in the Statute Book.

91. The Chalakudy and Malappuram Municipal Council (Extension of Term of Office of Councilors) Act, 1976 (Act 5 of 1977)

The Chalakudy and Malappuram Municipal Councils (Extension of term of office of Councilors) Act, 1976 is for the extension of the term of office of the Councilors of the Chalakudy and Malappuram Municipalities. As the purpose of the Act is over and has no relevance at present, there is no necessity to retain the Chalakudy and Malappuram Municipal Councils (Extension of term of office of Councillors) Act, 1976.

92. The Kerala Debt Relief Act, 1977 (Act 17 of 1977)

This Act received the assent of the President and was published in the Kerala Gazette Extra Ordinary No.474 dated 12.8.1977.

This Act provides relief from indebtedness to certain persons in the State of Kerala. Section 2 (3) defines “debt”. The relief is only to such debt as or before the date of commencement of the Act. Now the purpose of this Act has been achieved and there is no need to retain the Act in the statute Book. Therefore, this Act may be repealed.

93. The Engineering Technicians’ Co-operative Societies (Acquisition and Transfer of Undertaking) Act, 1977 (Act 20 of 1977)

This Act received the assent of the President and was published in the Kerala Gazette Extra ordinary No.477 dated 12.8.1977.

It provides for the acquisition of the undertakings of the Kerala State Engineering Technicians (Workshop) Industrial Co-operative Society Ltd. S.Ind. (St) No.1 and the Societies promoted by it and for matters connected therewith.

Since the object of the Act has been achieved, there is no need to retain the Act in the Statute Book. Therefore the Act can be repealed.

94. The Kerala Municipal Councils (Extension of Term of Office of Councillors) Act, 1978 (Act 9 of 1978).

This Act published in the Kerala Gazette Extraordinary No.187 dated 18.3.1978. It provides for the further extension of the term of office of the Councillors of Municipalities other than the Changanacherry and Tirur Municipalities.

As this is a temporary enactment and the purpose of this Act is already over, there is no need to retain this name of the Act in the Statute Book. Therefore this Act can be repealed.

95 The Tirur Municipal Council (Extension of Term of Office of Councillors) Act, 1979 (Act 12 of 1979)

This Act was enacted to provide for the further extension of the term of office of the councilors of Tirur Municipality. By this Act, the term of office of municipal councilors of Tirur Municipality was extended up to 1.10.1979. This was in view of election of Municipal councilors, proposed to be held in the month of May 1979, in the state. The purpose of the Act had been achieved. The provision of the said Act has no relevance now. So, the Tirur Municipal Council (Extension of Term of Office of Councillors) Act, 1979 can be repealed.

96. The Kerala Payment of Arrears of Rent in Instalments Act, 1979 (Act 29 of 1979)

The Act was published in the Kerala Gazette Extra Ordinary No.789 dated 3rd November 1979 to provide for instalment facility for the payment of arrears of rent and for matters incidental thereto. Purpose of the Act is to discharge the arrears of rent accrued before 1.1.1970 by payment of the same in six half yearly instalments. The time allowed to the tenant to discharge their liabilities as per the said Act is over. Therefore there is no necessity to retain the same in the Statute Book. The same may be repealed.

97. The Kottayam Electiricity Supply Agency (Undertaking) Acquisition Act, 1980 (Act 3 of 1980)

This Act received the assent of the President on 27.3.1980 and published in the Kerala Gazette Extraordinary No.224, dated 27.3.1980. It provides for the acquisition of the undertaking of the Kottayam Electric Supply Agency. As the purpose of this Act has been achieved, there is no need to keep alive the Act in the Statute Book. Therefore, the Act can be repealed.

98. The Kerala Raw Cashew nuts (Procurement and Distribution) Act, 1981 (Act 14 of 1981).

This Act published in the Kerala Gazette Extra Ordinary No.266 dated 2.4.1981. It provides for the trade in raw cashew nuts by the State to the exclusion of all others by the procurement and sale thereof at fair prices.

Since the Hon. High Court of Kerala have struck down the major portions of this Act, it became inoperative. So there is no necessity to retain this Act in the Statute Book. Therefore, it can be repealed.

99. The Kerala State Backward Classes (Reservation of Appointments or Posts in the services under the State) Act 1995 (Act 16 of 1995)

This Act was enacted to provide for the continuance of the existing systems of reservation of appointment or posts in the services under the State for Backward Classes of citizens in the State of Kerala. In Indra Swahney II Vs. Union of India reported in 2000 (I) SCC 168 it was held by the Hon. Supreme Court that secions 3,4 and 6 of the said Act were unconstitutional and the Court struck down the said sections.

The Committee has received a few representations from the members of the backward classes of citizens for retaining the aforesaid Act as such. The major provisions of the Act have already been struck down by the Court. The only section remains in the said Act is secion 5. The said section empowers commission for backward classes constituted by the Government to examine from time to time the backwardness of the backward classes and to report to the legislative assembly. The Commission for Backward Classes is a permanent commission constituted by the Government as per the provisions of the Kerala Backward Classes Commission Act,1993. The said Commission has the power to advise the Government about the communities to be incorporated as a backward community or not. Further, continuance of reservation to backward communities in the State has already been upheld by the Supreme Court in Indra Sawhney's case and the only thing is to fix a criteria to eliminate the creamy layer from the backward communities. This has been done by the Government by appointing Justice Narendran Commission. Therefore the 1995 Act has not relevancy now. The same may be deleted from the statue book.

100. The Sivagiri Mutt (Emergency Provisions) Act, 1997 (Act 17 of 1997).

The Sivagiri Mutt (Emergency Provisions) Act, 1997 was enacted to provide for the taking over of the management of the “Sree Narayana Dharma Sanghom Trust”, in the public interest. Section 8 (1) of the Act provides that if at anytime, it appears to the Government that the purpose for which the management of the Trust had been taken over has been fulfilled or for any other reason, it may relinquish the management with effect from such date as specified in the order.

Now vide S.R.O. No.1011/2001, dated 13.11.2001, Government has relinquished the management of the SND Sanghom Trust with effect from 16.11.2001. Therefore the purpose of the Act is fulfilled. There is no necessity to retain the same in the statute book. The same may be deleted from the statute book.

101. The Kerala Stay of Eviction Proceedings Act, 1998 (Act 5 of 1998)

This Act was published in the Kerala Gazette Extraordinary No.809 dated 29.5.1998. The objective of the enactment was to provide for the Stay of eviction of certain cultivating tenants and small holders from lands purchased by them and which are subsequently found as excess land to be surrendered under the provision of the Kerala Land Reforms Act, 1963. The Act was in force from 30.9.1998 to 30.3.1999. This Act was impliedly repealed by Act 26 of 1999. Hence this Act may also be repealed from the Statute Book.

102. The Kerala Stay of Eviction Proceeding Act, 1999 (Act 26 of 1999)

This Act, passed by the Kerala Legislative Assembly were published in the Kerala Gazette Extraordinary dated 11.10.1999. The objective of the enactment was for providing temporary protection to certain cultivating tenants and small holders who are under the threat of eviction from lands purchased by them and which are subsequently found as excess land to be surrendered under the provisions of the Land Reforms Act, 1963. This Act was in force for a period of 3 years from 31.03.1999 to 30.03.2001. As this enactment ceased to operate from 31/03/2001, there is no need to retain this Act in the Statute Book.