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Section 6 – The General Clauses Act, 1897

The General Clauses Act, 1897

 

 

6. Effect of repeal.-

 

Where this Act, or any (Central Act) or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not- Revive anything not in force or existing at the time at which the repeal takes effect, or Affect the previous operation of any enactment so repealed or anything duly done or suffered there under, or Affect any right, privilege, obligation or liability acquired, accrued or incurrent under any enactment so repealed, or Affect any penalty, forfeiture or unishment incurred in respect of any offence committed against any enactment so repealed, or

 

Affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.

 

COMMENTS

 

(i) Any act done or any action taken or purported to have been done or taken under or in pursuance of the repealed Act, shall in so far as it is not inconsistent with the provisions of new Act, be deemed to have been done or taken under the corresponding provisions of the new Act. The new provision cannot substitute repealed provisions of law and application of new provision to repealed provision in any proceeding will offend section 6; Jagan M. Seshadri v. State of Tamil Nadu , AIR 2002 SC 2399.

 

(ii) Section 6 will apply only to repealed law and not to omission of a provision in an Act as omission is held to be different from repeal; General Finance Co. v. Assistant Commissioner of Income Tax, Punjab, (2002) 7 SCC 1.

 

(iii) When a person is “deemed to be” something, the only meaning possible is that whereas he is not in reality that something, the Act of legislation required him to be treated as if obviously for the purposes of the said Act, and not otherwise; State of Maharashtra v. Laljit Rajshishah, AIR 2000 SC 937.

 

(iv) Section 6 only applies to repeals and not to omissions and applies when the repeal is of a Central Act or Regulation and not of a Rule; Kolhapur Canesugar Works Ltd. v. Union of India, AIR 2000 SC 811.

 

(v) This section inter alia provides protection to any right, privilege, obligation or liability acquired or accrued under any enactment repealed. The provisions of the new Act can not infringe or relegate the right of appeal granted under the old Act; Md. Makibar Rahman v. Islam Ali, AIR 1994 Gau 4.

 

(vi) Whenever there is a repeal of an enactment the consequences laid down in this section follow unless a different intention appears, since a single repeal scarcely or hardly leaves any room for contrary opinion or expression. Even in case a repeal of enactment is followed by a fresh legislation, this section is applicable and relevant unless the fresh/new legislation manifests an intention incompatible with or in conflict or contradiction to the provisions of the section concerned; Ramesh Chandra Sahoo v. State, AIR 1994 Ori 187.

 

(vii) ‘Repeal’ of provision is in distinction from ‘deletion’ of provision. ‘Repeal’ ordinarily brings about complete obliteration of the provision as if it never existed, thereby affecting all incoherent rights and all causes of action related to the ‘repealed’ provision while ‘deletion’ ordinarily takes effect from the date of legislature affecting the said deletion, never to effect total effacing or wiping out of the provision as if it never existed. For the purposes of this section, the above distinction between the two is essential; Navrangpura Gam Dharmada Milkat Trust
v. Ramtuji Ramaji, AIR 1994 Guj 75.

 

 

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The General Clauses Act, 1897

 

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