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Report No. 60

Revival of repealed Acts

6.21. Section 7-Revival of repealed Act.-

Under section 7, in any Central Act or Regulation made after the commencement of this Act, it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose. The section seems to need no change.

Reference to repealed Acts

6.21A. Section 8-Introductory.-

We now come to section 8, sub-section (1) which is as follows:-

"Where this Act, or any 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any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provisions so re-enacted. This section, though simple in its main principles, has given rise to a number of questions. Some of them do not necessitate any change, but all of them illustrate its importance.

6.21B. Distinction between incorporation and mere reference.-

Section 8(1), it should be pointed out,1 deals with the reference or citation of one enactment is another without incorporation. The meaning and effect of incorporation by reference of one statute into another has been examined in several cases, which point out this limitation of section 8.

1. Collector of Customs, Madras v. Nathella Samnathu Chatty, (1962) 3 SCR 786: AIR 1962 SC 316.

General Clauses Act, 1897 Back

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