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Too many flaws in Delhi's laws
Obsolete,
ambiguous, confusing. Yes, we are talking about certain laws governing
this city. The fact of the matter is that a majority of rules
and regulations in the Capital’s statute book are either
too archaic to be applicable in today’s time or were originally
framed for other states.
‘‘There
is no denying that certain Acts framed for other states, that
too a good 50-60 years ago, are the laws which govern Delhi,’’
says a senior official of the law department. For the record,
a total of 174 Acts govern Delhi. Of this figure, 71 Acts either
owe their origin to other states or are obsolete. ‘‘Even
though Delhi has its own legislative assembly, the city has to
bear with Acts whose functionality leaves a lot to be desired,’’adds
the official.
Among
the Acts framed for other states which have been extended to Delhi
are: the East Punjab Agricultural Pests Diseases and Noxious
Weeds Act, 1949; the Punjab Cinemas (Regulation) Act, 1952; the
Agra Tenancy Act, 1901; the UP Land Revenue Act, 1901; the West
Bengal Preventional Property Act, 1976; the Bombay Smoke Nuisance
Act, 1912; the Orissa Warehousing Act, 1956; the Haryana Relief
of Agricultural Indebtedness Act, 1976; the Himachal Pradesh Khadi
& Village Industries Act, 1966; and the Mysore Race Course
Licensing Act, 1952.
Similarly,
with the Punjab Excise Act, 1914 governing the city’s liquor
laws, there are far too many hiccups for the Capital. ‘‘Attempts
have been made to replace the Act with a new one, but this has
not been possible as yet,’’ reveals an official of
the excise department. On these lines, the punishment for rash
driving in Delhi is still governed by the Motor Vehicle Act, 1861,
which was framed while keeping horse-driven carriages in mind.
‘‘Punishment for this offence certainly needs to be
made more stringent,’’ says joint commissioner (traffic)
Maxwell Pereira. But that’s not the end of the story. The
MCD Act, 1957 is archaic to the extent that it stipulates the
maximum penalty the civic agency can impose as Rs 50!
‘‘The
government has already started the process of repealing certain
laws which have become antiquated,’’ offers Delhi
chief secretary Shailaja Chandra, ‘‘Various departments
have been directed to initiate follow-up action.’’
So far so good. But rather like the archaic laws Delhi lives with,
officialdom is known to be an old hand at drafting paperwork which
solves no purpose.
arunkumardas@indiatimes.com
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