Haryana Legislature Enacts Repeal of Instruments (Control of Noises) Act, 1956

The Haryana Instruments (Control of Noises) Repeal Act, 2023, an Act of the Legislature of the State of Haryana, received the assent of the Governor of Haryana on September 13, 2023, and was subsequently published for general information on September 21, 2023. This legislative instrument formally repeals the Haryana Instruments (Control of Noises) Act, 1956, which had been in force for several decades. The enactment of this Repeal Act signifies a legislative decision to remove the 1956 Act from the statute book, thereby ceasing its operation and any associated regulatory framework concerning noise control through instruments. The primary legal consequence is the cessation of the 1956 Act's provisions, affecting any persons, authorities, or proceedings that were previously governed by its stipulations. The Act came into force upon its publication in the Official Gazette on September 21, 2023.

The legislative intent behind the Haryana Instruments (Control of Noises) Repeal Act, 2023, is to streamline the legal framework by removing an older enactment that may have become obsolete, redundant, or superseded by more contemporary legislation or regulatory mechanisms. The earlier legal position was defined by the Haryana Instruments (Control of Noises) Act, 1956, which presumably regulated noise levels or the use of noise-producing instruments within the state. The repeal addresses the continued existence of this specific statutory framework, indicating a policy rationale to update or simplify the legal landscape. While the Act does not introduce new rights or obligations directly, it removes those previously established by the 1956 Act. Crucially, the Repeal Act includes a savings clause to prevent unintended legal disruptions. The legislation provided: “The repeal by this Act shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already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, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognized or derived by, in or from the Act hereby repealed; nor shall the repeal of the Act 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.” This comprehensive savings provision ensures that the repeal does not retrospectively invalidate past actions, affect accrued rights or liabilities, or revive any legal provisions or entities that were not in force prior to the repeal, thereby maintaining legal certainty and continuity despite the removal of the 1956 Act.

Keywords: Haryana, Repeal Act, Noise Control, Legislation, 2023, Statutory Repeal, Legal Framework, Obsolete Law, State Legislature

Geo Tags: India, Haryana District: Not Applicable