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British India - Section

Section 1449 in British Statutes (Application To India) Repeal Act, 1960

1449.

Object and Reasons.- The Law Commission in its Fifth Report has recommended the formal repeal of a large number of British statutes which are in terms applicable to India or which may be assumed to so apply, and the replacement, if considered necessary, of a few other British statutes by Acts of Parliament. The present Bill seeks to implement the Report in so far as the repeal of certain British statutes is concerned. As respects the recommendations relating to the replacement of certain British statutes by Acts of Parliament, the Merchant Shipping Act, 1958, has already replaced all the British statutes on that subject and many of the remaining Acts are under separate examination.2. The reasons for repealing most of the British statutes are contained in the comments of the Commission in Appendix Hat pp. 33-84 of its Fifth Report. The present Bill, however, includes a few British statutes which the Fifth Report has listed in Appendix III as statutes with respect to which legislation in India appears to be prima facie necessary. The examination of these Acts has revealed that they may also he repealed. The notes explain the reasons for including such statutes in the present Bill.3. Clause 3 of the Bill introduces a saving provision on the lines recommended in paragraph 15 of the Report in order to make it clear that the repeal cannot possibly affect any privileges to which India and her citizens may be entitled under any statute now sought to be repealed in its application to territories outside India to which the India (Consequential Provision) Act, 1949, extends.[26th December, 1960]An Act to repeal certain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:-