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Report No. 60

6.15. Meaning of the word "text" in section 6A.-

The word "text" in section 6A has been construed by the Supreme Court in Jethanand v. State of Delhi, AIR 1960 SC 89 (92): 1 SCR 755 (761). as meaning "subject or theme". The argument there advanced was that this word related to the phraseology and the terminology used in the Act but not to the content of that Act. This argument was negatived. (The case related to the amendment made in the Wireless Telegraph Act, 1933, by the amending Act of 1949, which was repealed in 1952).

6.15A. Expiry of temporary amending Acts.-

In another Supreme Court case, Om Prakash v. State of Uttar Pradesh, AIR 1957 SC 458 (463): 1957 SCR 423 (424) (Govinda Menon J.)., relating to the Prevention of Corruption Act, it was held that section 409 of the Indian Penal Code was not repealed by section 5 of the Prevention etc. Act, even impliedly. The question was, thus, one of repeal. But the following observations made by the Court are of interest with reference to temporary amending Acts:

"Before we advert to the Indian cases, the first thing that has to be remembered in this connection is that, the Prevention of Corruption Act being a temporary one, the Legislature would not have intended in the normal course of things that a temporary statute like the one in question should supersede an enactment of antiquity, even if the matter covered the same field. Under section 6(a)1 of the General Clauses Act, if by efflux of time, the period of a temporary statute, which had repealed an earlier statute, expires, there will not be a revival of the earlier one by the expiry of the temporary statute."

1. Perhaps the court had section 6A in mind.

General Clauses Act, 1897 Back

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