Saturday, February 16, 2002, Chandigarh, India
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50 donate blood Chandigarh, February 15 |
Law ministry clarifies on instruments Act Chandigarh, February 15 The Law Ministry has informed the (Bar Council of India) BCI through a letter in this regard. Many people are under the impression that Sections 138-142 of the Negotiable Instruments Act have been repealed. This has also been brought to the notice of the government by a cheque bounced victims’ grievances forum that the courts have stopped accepting new complaints on account of repeal of the banking, public financial institutions and Negotiable Instruments Laws (Amendments ) Act, 1988, by the repealing and Amendments Act 2001. Sources revealed that the Law Ministry has stated in a letter that “ it has made only certain amendments to the Negotiable Instruments Act and added Sections 138-142. And once the amendments Act passed and Sections 138-142 were incorporated in the Negotiable Instruments Act of 1881, the amending Act achieved its purpose and became a dead letter”. The ministry said that the government wishes to clarify that the insertion of Chapter XVII on” Of penalties in case of certain cheques for certain cheques for insufficiency of funds in the accounts” by the Act of 1988 stands incorporated in the Negotiable Instruments Act, the 1881 Section 6A of the general clauses Act, 1897, makes the position amply clear. The ministry said that Parliament had passed the repealing and amendment Act 2001 recently which along with other Acts has also repealed the Banking Public Finance Institutions and Negotiable Instruments Laws (Amendment) Act, 1988. The parent Act of 1881, the Negotiable Instruments Act, providing for punishment of one-year imprisonment for bouncing of cheques, continues to be in the statute book. The letter also states that repealing and amendments Acts are enacted by the legislature from time to time in order to repeal enactments which have ceased to be in force or have become obsolete or the retention whereof as separate Acts is no longer necessary. Such acts intended only to remove dead matter from the statue book and to reduce its volume. The general secretary of the Bar Council of Punjab and Haryana, Mr C. M Munjal, said the council was also intimated by the BCI regarding the amendment in the Negotiable Instruments Act. The council was sending letters to all district bar associations of Punjab and Haryana in this regard. |
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