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Section 8 – The General Clauses Act, 1897

The General Clauses Act, 1897

 

 

8. Construction of references to repealed enactments.-

 

1[(1)] Where this Act, or any 2[Central Act] or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.

 

3[(2) 4[Where before the fifteenth day of August, 1947, any Act of Parliament of the United Kingdom repealed and re-enacted], with or without modification, any provision of a former enactment, then reference in any 2[Central Act] or in any Regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.]

 

COMMENTS

 

Every Act has its own distinction. If a later Act merely makes a reference to a former Act or existing law, it is only by reference and all amendments, repeals new law subsequently made will have effect unless its operation is saved by the relevant provision of the section of the Act; Gauri Shankar Gaur v. State of U.P., AIR 1994 SC 169.

 

———

1. Section 8 renumbered as sub-section (1) of that section by Act 18 of 1919, sec. 2 and Sch. I.

 

2. Subs. by the A.O. 1937, for “Act of the Governor General in Council”.

 

3. Ins. by Act 18 of 1919, sec. 2 and Sch. I.

 

4. Subs. by the A.O. 1950, for “Where any Act of Parliament repeals and re-enacts”.

 

 

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The General Clauses Act, 1897

 

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