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Repeal of Statutes Uploaded by Gurpreet Singh Mandair
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General Clauses Act
1
of 13
Doctrine of Harmonious
Notes for Interpretation of
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be void after expiry of section 12A because of the saving clause 1A of Article 359 'as resp 13 things done or omitted to be done' during the period section 12A was in operation. b. Notifications, Orders, Rules, etc. made under temporary statute
When a temporary Act expires, the normal rule is that any appointment, notification, o scheme, rule, form or bye-law made or issued under the Act will also come to an end with expiry of the Act and will not be continued even if the provisions of the expired Act ar enacted; the reason being that section 24 of the General Clauses Act, 1897, does not app 14 such a situation. Similarly, a person's detention under a temporary statute relating to preve detention will automatically come to an end on the expiry of the statute. c. Expiry does not make the statute dead for all purposes
But a temporary statute, even in the absence of a saving provision like section 6 of the Gen Clauses Act, is not dead for all purposes. As already stated the question is essentially on construction of die Act. The nature of the right and obligation resulting from the provisions o temporary Act and their character, may have to be regarded in determining whether the said r or obligation is enduring or not. Thus, a person who has been prosecuted and sentenced du the continuance of a temporary Act for violating its provisions cannot be released befor serves out his sentence, even if the temporary Act expires before the expiry of full period of sentence.
Under section 4 of VI Geo. 4, c. 133, every person who held a commission or warrant as surg or assistant surgeon became entitled to practice as an apothecary without having passed the u examination. This statute was temporary and expired on 1st August, 1826. It was held th person who had acquired a right to practice as an apothecary under the Act without passing 15 usual examination was not deprived of that right on expiration of the Act. d. Repeal by a temporary statute
When a temporary statute affects a repeal of an existing statute, a question arises whether repealed statute revives on the expiry of the repealing statute. Section Sign up to vote 11(1) on this and title section 38(2 of the Interpretation Act, 1899, in terms are limited to cases of repeals of a repealing enactm Useful Not useful and have no application to a case of expiry of a repealing Act. As regards the General Cla Act, 1897, section 6(a), which corresponds to section 38(2)(a) of the Interpretation Act, is als terms limited to repeals; and therefore has no application on expiry of a repealing statute.
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