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Report No. 60

6.5. Applicability of section 6 in case of re-enactment.-

It may be noted that section 6 would apply to a case of repeal even if there is a simultaneous new enactment, unless a contrary intention appears from the new enactment.1 The consequences laid down in section 6 of the General Clauses Act will follow, unless as the section itself says-a different intention appears. In the case of a simple repeal, there is scarcely any room for the expression of a contrary intention. Of course, when repeal is followed by fresh legislation on the same subject, one would undoubtedly have to look to the provisions of the new Act-but only for the purpose of determining whether they indicate a different intention.

It cannot, therefore, be said, as a broad proposition, that section 6 of the General Clauses Act is ruled out whenever there is a repeal of an enactment followed by a fresh legislation. Section 6 would be applicable in such cases also, unless the new legislation manifests an intention incompatible with or contrary to the section. Such incompatibility would have to be ascertained from a consideration of all the relevant provisions of the new law, and the mere absence of a saving clause is, by itself, not material.

1. Munshilal Bemram v. S.P. Jain, (1971) 2 SCJ 307.

General Clauses Act, 1897 Back

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