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Maharashtra to scrap 100-odd British era laws

The state law book still has some 100-odd Acts that were framed in the 19th century or early 20th century under the British rule.

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Are you looking for some unheard of oddities to populate your Believe It or Not list? The Maharashtra law book is at your service to narrow down the search. The state law book still has some 100-odd Acts that were framed in the 19th century or early 20th century under the British rule. For instance, we still have a law on the Cattle trespass wherein the cattle owner can be held liable to pay a compensation if his cattle hurt/damages you or your property in any way. 

Similarly, we have active laws on shore nuisance, smoke nuisance and rent and land laws framed in 1912.

However, the Law and Judiciary Department has finally decided to do away with them. In fact, the department repealed 64 such laws in August this year, and another 125 obsolete laws are on their way out. The state in total has around 450 Acts of its own. 

Interestingly, some of these laws are believed to have been enacted during the British regime post World War I and have never been used in independent India. “Most of these laws were made in the late 18thcentury or the early 19th century and do not hold much relevance now. The government’s decision to repeal them aims at preventing any misuse of these laws,” said a senior government officer.

Explaining in detail, the officer said Acts like the Shore Nuisance (Bombay and Kolaba) Act, 1853, lost its relevance after new and more stringent Acts on encroachment were framed under the Municipal Corporation Act. This Act, however, is one of the earliest laws concerned with water pollution and thus was meant to regulate the waste materials discharged by the industries situated near or in the vicinity of the coastal areas of Bombay and Kolaba.

Similarly, the Bombay Abkari Act, 1878, which is still part of the law book, is concerned with managing revenue through the sale of intoxicating substances. However, the whole new State Excise Act, which was last modified in the year 2012, has covered the subject so minutely that the Abkari Act holds no relevance.  

The plan draws inspiration from a similar move by the Union government soon after Narendra Modi came to power. Among the myriad obsolete and bizarre laws which were found to be in existence under different dominions, there are several that make strange demands. For example, under the Indian Motor Vehicles Act, 1914, an inspector in southern Andhra Pradesh is required to have brushed his teeth, and will be Or, for that matter, under a century-old law, the toll tax for boats ferrying passengers across Ganges cannot be more than two annas The exercise was started by the state’s Law and Judiciary Department in the month of June this year. A note was sent to all departments seeking their consent before jettisoning these laws following which a few, for example the Bombay Cotton Contracts Control (War Conditions) Act, 1922, the Identification of Prisoners Bombay Amendments Act, 1922 and the Bombay Opium Smoking Act, 1936, were repealed after the monsoon session.

On their way out

The Bombay Rent Free Estate Act 1852
The Shore Nuisance (Bombay and Kolaba) Act, 1853
The Cattle Tresspass Act 1871
The Bombay Smoke Measure Act 1912

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