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Report No. 60

7.6. Repeal of perpetual Act and expiry of temporary Act-Similarity between.-

Thus, a perpetual Act and a temporary Act stand on the same footing, first, when they are in force, and secondly, when a permanent Act is repealed or a temporary Act expires by efflux of time, as the case may be. Then, the question arises whether we should have a general saving clause to deal with the expiry of a temporary Act more or less like the one which has already been provided for in section 6 in relation to repeal. As in the case of repeal without a Saving clause,1 so in the case of expiry2 of a temporary Act without a saving clause, it is not difficult to conceive how, such an expiry might result in defeating the object for which the temporary Act was enacted. Regard being had to the fact that the legislative power in the exercise of which a temporary Act is enacted is the same as in the case of a perpetual Act, there cannot by any insuperable or inherent difficulty in a temporary Act creating rights surviving beyond the actual expiry.

1. Para. 7.4, supra.

2. Para. 7.5, supra.



General Clauses Act, 1897 Back




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