The Repealing and Amending Bill, 2025 |The LexSphere Library

SECTION Section 1

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•5

•AS INTRODUCED IN LOK SABHA

•Bill No. 193 of 2025

•THE REPEALING AND AMENDING BILL, 2025

•A

•BILL

•to repeal certain enactments and to amend certain other enactments.

•BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India

•as follows:––

SECTION Section 10

Untitled Section

1.The General Clauses Act, 1897 —Pursuant to the rationalising of postal

•products and services by the Department of Post and the merger of registered post

•services with speed post services, the amendment proposed to the Act seeks to

•substitute the expression ‘registered post’ with ‘speed post with registration’.

SECTION Section 11

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2.The Code of Civil Procedure, 1908—Pursuant to the rationalising of postal

•products and services by the Department of Post, merger of registered post with

•speed post services, facility for ‘acknowledgement due services’ becomin g

•available as ‘proof of delivery’ with speed post with registration, the amendments

•proposed to the Act seek to make consequential modifications to give effect to the

•said change in available services.

SECTION Section 12

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3.The Indian Succession Act, 1925 —The amendments proposed to the Act

•seek to attain uniformity by omission of section 213 which is discriminatory and

•provides that Hindus, Buddhists, Sikhs, Jains and Parsis have to obtain probate of

•the Will or letter of administration where the Will is made within the local limits of

•the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and

•Bombay, and where such Wills are made outside those limits, insofar as they relate

•to immovable property situated within those limits. Consequential amendments on

•omission of section 213 are being made in other provisions of the Act. Clause (b) of

•sub-section (2) of section 370 is proposed to be omitted for being a relic of the

•colonial rule, obsolete and redundant.

SECTION Section 13

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4.The Disaster Management Act, 2005—The amendment proposed to the Act

•seeks to substitute the word ‘prevention’ with the word ‘preparation’ to rectify the

•inadvertent error in the said Act.

•10

•Meaning of

•service by post.

•Right to lodge a

caveat.

•ANNEXURE

•EXTRACT FROM THE GENERAL CLAUSES ACT, 1897

•(10 OF 1897)

•* * * * *

SECTION Section 14

Untitled Section

27.Where any Central Act or Regulation made after the commencement of

•this Act authorizes or requires any document to be served by post, whether the

•expression “serve” or either of the expressions “give” or “send” or any other

•expression is used, then, unless a different intention ap pears, the service shall be

•deemed to be effected by properly addressing, pre-paying and posting by registered

•post, a letter containing the document, and, unless the contrary is proved, to have

•been effected at the time at which the letter would be delivered in the ordinary course

•of post.

•* * * * *

•———

•EXTRACTS FROM THE CODE OF CIVIL PROCEDURE, 1908

•(5 OF 1908)

148A.(1) * * * * *

(2)Where a caveat has been lodged under sub-section (1), the person by whom

•the caveat has been lodged (hereinafter referred to as the caveator) shall serve a

•notice of the caveat by registered post, acknowledgement due, on the person by

•whom the application has been, or is expected to be, made, under sub-section (1).

•* * * * *

•THE FIRST SCHEDULE

•_____

•* * * * *

•ORDER V

•Issue and service of summons

•* * * * *

•Service of summons

SECTION Section 15

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9.Delivery of summons by Court.—(1) * * *

(3)The services of summons may be made by delivering or transmitting a

•copy thereof by registered post acknowledgment due, addressed to the defendant or

•his agent empowered to accept the service or by speed post or by such courier

•services as are approved by the High Court or by the Court referred to in

•sub-rule (1) or by any other means of transmission of documents (including fax

•message or electronic mail service) provided by the rules made by the High Court:

•Provided that the service of summons under this sub-rule shall be made at the

•expenses of the plaintiff.

(4)Notwithstanding anything contained in sub -rule (1), where a defendant

•resides outside the jurisdiction of the Court in which the suit is instituted, and the

•Court directs that the service of summons on that defendant may be made by such

•mode of service of summons as is referred to in sub -rule (3) (except by registered

•post acknowledgment due), the provisions of rule 21 shall not apply.

•11

(5)When an acknowledgment or any other receipt purporting to be signed by

•the defendant or his agent is received by the Court or postal article containing the

•summons is received back by the Court with an endorsement purporting to have

•been made by a postal employee or by any person authorised by the courier service

•to the effect that the defendant or his agent had refused to take delivery of the postal

SECTION Section 16

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•article containing the summons or had refused to accept the summons by any other

•means specified in sub -rule ( 3) when tendered or transmitted to him, the Court

•issuing the summons shall declare that the summons had been duly served on the

•defendant:

•Provided that where the summons was properly addressed, pre-paid and duly

•sent by registered post acknowledgment due, the declaration referred to in this

•sub-rule shall be made notwithstanding the fact that the acknowledgment having

•been lost or mislaid, or for any other reason, has not been received by the Court

•within thirty days from the date of issue of summons.

•* * * * *

•ORDER XXI

•Execution of Decrees and Orders

•Payment under decree

SECTION Section 17

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1.Modes of paying money under decree.—(1) * *

(2)Where any payments is made under clause ( a) or clause ( c)

•of sub-rule ( 1), the judgment -debtor shall give notice thereof to the

•decree-holder either through the Court or directly to him by registered post,

•acknowledgment due.

•* * * * *

•ORDER XXXIX

•TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

•Temporary injunctions

•* * * * *

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3.Before granting injunction, Court to direct notice to opposite party.—

•The Court shall in all cases, except where it appears that the object of granting the

•injunction would be defeated by the delay, before granting an injunction, direct

•notice of the application for the same to be given to the opposite party:

•Provided that, where it is proposed to grant an injunction without giving notice

•of the application to the opposite party, the Court shall record the reasons for its

•opinion that the object of granting the injunction would be defeated by delay, and

•require the applicant—

(a)to deliver to the opposite party, or to send to him by registered post,

•immediately after the order granting the injunction has been made, a copy of

•the application for injunction together with—

(i)a copy of the affidavit filed in support of the application;

•(ii) a copy of the plaint; and

•(iii) copies of documents on which the applicant, relies, and

•* * * * *

•———

•12

•Power of State

•Government to

•exempt any race,

•sect or tribe in

•the State from

•operation of Act.

•Right as

•executor or

•legatee when

established.

•Restriction on

•grant of

•certificates

•under this Part.

•EXTRACTS FROM THE INDIAN SUCCESSION ACT, 1925

•(39 OF 1925)

•* * * * *

SECTION Section 19

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3.(1) The State Government may, by notification in the Official Gazette,

•either retrospectively from the sixteenth day of March, 1865, or prospectively,

•exempt from the operation of any of the following provisions of this Act, namely,

•sections 5 to 49 , 58 to 191 , 212, 213 and 215 to 369, the members of any race, sect

•or tribe in the State, or of any part of such race, sect or tribe, to whom the State

•Government considers it impossible or inexpedient to apply such provisions or any

•of them mentioned in the order.

•* * * * *

SECTION Section 2

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1.This Act may be called the Repealing and Amending Act, 2025.

SECTION Section 20

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213.(1) No right as executor or legatee can be established in any Court of

•Justice, unless a Court of competent jurisdiction in India has granted probate of the

•will under which the right is claimed, or has granted letters of administration with

•the will or with a copy of an authenticated copy of the will annexed.

(2)This section shall not apply in the case of wills made by Muhammadans or

•Indian Christians, and shall only apply—

(i)in the case of wills made by any Hindu, Buddhist, Sikh or Jaina

•where such wills are of the classes specified in clauses ( a) and ( b) of

SECTION Section 21

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•section 57; and

•(ii) in the case of wills made by any Parsi dying, after the commencement

•of the Indian Succession (Amendment) Act, 1962, where such wills are made

•within the local limits of the ordinary -original civil jurisdiction of the High

•Courts at Calcutta, Madras and Bombay, and where such wills are made

•outside those limits, in so far as they relate to immovable property situate

•within those limits.

•* * * * *

•PART X

•SUCCESSION CERTIFICATES

SECTION Section 22

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370.( 1) A succession certificate (hereinafter in this Part referred to as a

•certificate) shall not be granted under this Part with respect to any debt or security

•to which a right is required by section 212 or section 213 to be established by letters

•of administration or probate:

•Provided that nothing contained in this section shall be deemed to prevent

•the grant of a certificate to a ny person claiming to be entitled to the effects

•of a deceased Indian Christian, or to any part thereof, with respect to any debt or

•security, by reason that a right thereto can be established by letters of administration

•under this Act.

(2)For the purposes of this Part, “security” means—

•* * * * *

(b)any bond, debenture, or annuity charged by Act of Parliament of the

•United Kingdom on the revenues of India;

•* * * * *

•———

•16 of 1962.

•13

•EXTRACT FROM THE DISASTER MANAGEMENT ACT, 2005

•(53 OF 2005)

•* * * * *

SECTION Section 23

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30.(1) * * * * *

(2)Without prejudice to the generality of the provisions of sub-section (1), the

•District Authority may—

•* * * * *

•(vi) lay down guidelines for prevention of disaster management plans by

•the department of the Government at the districts level and local authorities in

•the district;

•* * * * *

•Powers and

•functions of

•District

Authority.

•LOK SABHA

•————

•A

•BILL

•to repeal certain enactments and to amend certain other enactments.

•————

•(Shri Arjun Ram Meghwal, Minister of State (I/C) for Law and Justice and

•Minister of State for Parliamentary Affairs)

•LOK SABHA

•------

•CORRIGENDA

•to

•The Repealing and Amending Bill, 2025

•[To be/ As introduced in Lok Sabha]

•Page No. 6, in the Second Schedule, in Column No.4:

S.No. Line(s)

No.

•For Read

SECTION Section 24

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1.15-16 (ii) In the First

•Schedule, in order V,

•rule 9,—

•(ii) In the First Schedule,

(a)in Order V, in rule

•9, —

SECTION Section 25

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2.17 (a) in sub-rule (3), (I) in sub-rule (3),

SECTION Section 26

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3.26 (b) in sub-rule (4), (II) in sub-rule (4),

SECTION Section 27

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4.30 (c) in sub-rule (5), (III) in sub-rule (5),

SECTION Section 28

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5.41 (iii) In order XXI, (b) in Order XXI,

SECTION Section 29

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6.46

•(iv) In order XXXIX, (c) In Order XXXIX,

•NEW DELHI;

•December 13, 2025_________

•Agrahayana 22, 1947 (Saka)

SECTION Section 3

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2.The enactments specified in the First Schedule are hereby repealed.

SECTION Section 4

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3.The enactments specified in the Second Schedule are hereby amended to

•the extent and in the manner mentioned in the fourth column thereof.

•Short title.

•Repeal of certain

enactments.

•Amendment of

•certain

enactments.

•2

Savings.4. The repeal by this Act of any enactment shall not affect any other enactment

•in which the repealed enactment has been applied, incorporated or referred to;

•and this Act shall not affect the validity, invalidity, effect or consequences of

•anything already done or suffered, or any right, title, obligation or liability already

•acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or

•any release or discharge of or from any debt, penalty, obligation, liability, claim or

•demand, or any indemnity already granted, or the proof of any past act or thing;

•nor shall this Act affect any principle or rule of law, or established jurisdiction,

•form or course of pleading, practice or procedure, or existing usage, cus tom,

•privilege, restriction, exemption, office or appointment, notwithstanding that the

•same respectively may have been in any manner affirmed or recognised or derived

•by, in or from any enactment hereby repealed;

•nor shall the repeal by this Act of any en actment revive or restore any

•jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption,

•usage, practice, procedure or other matter or thing not now existing or in force.

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•3

•THE FIRST SCHEDULE

•(See section 2)

•REPEALS

•Year Act No. Short Title

•1 2 3

•1886 XI The Indian Tramways Act, 1886.

•1976 31 The Levy Sugar Price Equalisation Fund Act, 1976.

•1978 41 The Britannia Engineering Company Limited (Mokameh Unit)

•and the Arthur Butler and Com pany (Muzaffarpore) Limited

•(Acquisition and Transfer of Undertakings) Act, 1978.

•1982 36 The Chap armukh-Silghat Railway Line and the

•Katakhal-Lalabazar Railway Line (Nationalisation) Act, 1982.

•1984 55 The Hooghly Docking and Engineering Company Limited

•(Acquisition and Transfer of Undertakings) Act, 1984.

•1988 44 The Bharat Petroleum Corporation Limited (Determination of

•Conditions of Service of Employees) Act, 1988.

•2016 3 The Arbitration and Conciliation (Amendment) Act, 2015.

•2017 1 The Payment of Wages (Amendment) Act, 2017.

•2017 3 The Enemy Property (Amendment and Validation) Act, 2017.

•2017 6 The Maternity Benefit (Amendment) Act, 2017.

•2017 11 The Employee’s Compensation (Amendment) Act, 2017.

•2017 30 The Banking Regulation (Amendment) Act, 2017.

•2018 7 The National Bank for Agriculture and Rural Development

•(Amendment) Act, 2018.

•2018 10 The High Court and Supreme Court Judges (Salaries and

•Conditions of Service) Amendment Act, 2018.

•2018 12 The Payment of Gratuity (Amendment) Act, 2018.

•2018 18 The Specific Relief (Amendment) Act, 2018.

•2018 19 The State Banks (Repeal and Amendment) Act, 2018.

•2018 20 The Negotiable Instruments (Amendment) Act, 2018.

•2018 28 The Commercial Courts, Commercial Division and Commercial

•Appellate Division of High Courts (Amendment) Act, 2018.

•2019 15 The Central Universities (Amendment) Act, 2019.

•2019 19 The Protection of Human Rights (Amendment) Act, 2019.

•2019 27 The Airports Economic Regulatory Authority of India

•(Amendment) Act, 2019.

•2019 32 The Motor Vehicles (Amendment) Act, 2019.

•2019 38 The National Institute of Design (Amendment) Act, 2019.

•2019 41 The Chit Funds (Amendment) Act, 2019.

•2019 43 The Special Protection Group (Amendment) Act, 2019.

•2019 48 The Arms (Amendment) Act, 2019.

•2020 1 The Insolvency and Bankruptcy Code (Amendment) Act, 2020.

•2020 4 The Constitution (Scheduled Tribes) Order (Amendment)

•Act, 2020.

•2020 13 The Aircraft (Amendment) Act, 2020.

•3

•4

•1 2 3

•2020 17 The Insolvency and Ba nkruptcy Code (Second Amendment)

•Act, 2020.

•2020 18 The Salaries and Allowances of Ministers (Amendment)

•Act, 2020.

•2020 24 The Homoeopathy Central Council (Amendment) Act, 2020.

•2020 25 The Indian Medicine Central Council (Amendment)

•Act, 2020.

•2020 39 The Banking Regulation (Amendment) Act, 2020.

•2021 3 The Arbitration and Conciliation (Amendment) Act, 2021.

•2021 6 The Insurance (Amendment) Act, 2021.

•2021 8 The Medical Termination of Pregnancy (Amendment) Act, 2021.

•2021 15 The Government of National Capital Territory of Delhi

•(Amendment) Act, 2021.

•2021 21 The Factoring Regulation (Amendment) Act, 2021.

•2021 22 The Coconut Development Board (Amendment) Act, 2021.

•2021 26 The Insolvency and Bankruptcy Code (Amendment) Act, 2021.

•2021 27 The Central Universities (Amendment) Act, 2021.

•2021 28 The Airports Economic Regulatory Authority of India

•(Amendment) Act, 2021.

•2021 30 The Deposit Insurance and Credit Guarantee Corporation

•(Amendment) Act, 2021.

•2021 32 The Constitution (Scheduled Tribes) Order (Amendment)

•Act, 2021.

•2021 37 The General Insurance Business (Nationalisation)

•Amendment Act, 2021.

•2021 38 The National Commission for Indian System of Medicine

•(Amendment) Act, 2021.

•2021 39 The National Commission for Homoeopathy (Amendment)

•Act, 2021.

•2021 43 The National Institute of Pharmaceutical Education and

•Research (Amendment) Act, 2021.

•2021 44 The High Court and Supreme Court Judges (Salaries and

•Conditions of Service) Amendment Act, 2021.

•2021 49 The Election Laws (Amendment) Act, 2021.

•2022 8 The Constitution (Scheduled Castes and Scheduled Tribes)

•Orders (Amendment) Act, 2022.

•2022 9 The Constitution (Scheduled Tribes) Order (Amendment) Act, 2022.

•2022 10 The Delhi Municipal Corporation (Amendment) Act, 2022.

•2022 14 The Weapons of Mass Destruction and their Delivery Systems

•(Prohibition of Unlawful Activities) Amendment Act, 2022.

•2022 19 The Energy Conservation (Amendment) Act, 2022.

•5

•1 2 3

•2022 20 The Constitution (Scheduled Castes and Scheduled Tribes)

•Orders (Second Amendment) Act, 2022.

•2022 23 The New Delhi International Arbitration Centre (Amendment)

•Act, 2022.

•2023 1 The Constitution (Scheduled Tribes) Order (Second

•Amendment) Act, 2022.

•2023 2 The Constitution (Scheduled Tribes) Order (Fourth

•Amendment) Act, 2022.

•2023 9 The Competition (Amendment) Act, 2023.

•2023 11 The Multi -State Co -operative Societies (Amendment)

•Act, 2023.

•2023 12 The Cinematograph (Amendment) Act, 2023.

•2023 13 The Constitution (Scheduled Tribes) Order ( Amendment)

•Act, 2023.

•2023 14 The Constitution (Scheduled Tribes) Order (Second

•Amendment) Act, 2023.

•2023 16 The Mines and Minerals (Development and Regulation)

•Amendment Act, 2023.

•2023 17 The Offshore Areas Mineral (Development and Regulation)

•Amendment Act, 2023.

•2023 19 The Government of National Capital Territory of Delhi

•(Amendment) Act, 2023.

•2023 27 The Coastal Aquaculture Authority (Amendment) Act, 2023.

•2023 36 The Central Universities (Amendment) Act, 2023.

•6

•THE SECOND SCHEDULE

•(See section 3)

•AMENDMENTS

•Year Act

No.

•Short Title Amendments

•1 2 3 4

•1897 10 The General Clauses

•Act, 1897.

•In section 27, for the words “registered

•post”, the words “speed post with

•registration” shall be substituted.

•1908 5 The Code of Civil

•Procedure, 1908.

(i)In section 148A, in sub -section (2),

•for the words “registered post ,

•acknowledgement due ”, the words “speed

•post with registration and proof of delivery”

•shall be substituted;

•(ii) In the First Schedule, in order V,

•rule 9,––

(a)in sub-rule (3), for the words

•“registered post acknowledgement

•due, addressed to the defendant or his

•agent empowered to accept the service

•or by speed pos t”, the words “speed

•post with registration and proof of

•delivery addressed to the defendant or

•his agent empowered to accept the

•service” shall be substituted;

(b)in sub -rule ( 4), the brackets

•and words “( except by registered post

•acknowledgment due)” sh all be

•omitted;

(c)in sub -rule ( 5), in the

•proviso, for the words “registered

•post acknowledgement due, the

•declaration referred to in this

•sub-rule shall be made notwithstanding

•the fact that the acknowledgement ”,

•the words “speed post with registration

•and proof of delivery, the declaration

•referred to in this sub -rule shall be

•made notwithstanding the fact that the

•proof of delivery” shall be substituted;

•(iii) In order XXI, in rule 1, in

•sub-rule (2), for the word s “registered post ,

•acknowledgement due”, the words “speed

•post with registration and proof of delivery”

•shall be substituted; and

•(iv) In order XXXIX, in rule 3, in the

•proviso, in clause ( a), for the words

•“registered post”, the words “speed post with

•registration” shall be substituted.

•6

•7

•1 2 3 4

•1925 39 The Indian

•Succession Act,

SECTION Section 5

Untitled Section

1925.

(i)In section 3, in sub -section (1), the

•figures “, 213” shall be omitted;

•(ii) section 213 shall be omitted;

•(iii) in section 370,––

(a)in sub-section ( 1), for the

•words and figures “or section 213 to be

•established by letters of administration

•or probate”, the words “to be

•established by letters of

•administration” shall be substituted;

(b)in sub -section (2), clause ( b)

•shall be omitted.

•2005 53 The Disaster

•Management Act,

SECTION Section 6

Untitled Section

2005.

•In section 30, in sub -section ( 2), in

SECTION Section 7

Untitled Section

•clause ( vi), for the word “prevention”, the

•word “preparation” shall be substituted.

•8

•STATEMENT OF OBJECTS AND REASONS

•This Bill is one of those periodical measures by which enactments, which have

•ceased to be in force or have become obsolete or the retention whereof as separate

•Acts is unnecessary are repealed and by which certain amendments and formal

•defects detected in enactments are amended and corrected.

SECTION Section 8

Untitled Section

2.The note on the Second Schedule explains the reasons for the amendments

•suggested in the Bill in respect whereof some detailed explanation is necessary.

SECTION Section 9

Untitled Section

3.Clause 4 of the Bill contains a precautionary provision which it is usual to

•include in the Bill of this kind.

•NEW DELHI;

•The 12th December, 2025. ARJUN RAM MEGHWAL.

•9

•NOTES ON THE SECOND SCHEDULE