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Report No. 60

7.14. Principles applicable to repeal generally applicable.-

We have a precedent in section 6, which deals with repeal. In general, principles which apply in the case of repeal of a permanent Act should, on so far as the nature of a temporary Act permits apply to its expiry. There are two ways of utilising section 6 for the purpose:

(i) a section applying section 6 (which deals with repeal) to temporary Acts on the lines of current English procedure,1 or

(ii) a self-contained section which will reproduce the contents of section 6 in relation to temporary Acts.

Of course, whichever course is adopted, it will have to be borne in mind that some parts of section 6 cannot be applied to temporary Acts. Thus, clause (a) of section 6, regarding non-revival of a repealed Act, should hot apply in the case of expiry of temporary Acts. If section 6(a) is applied, the result might be that where a temporary Act repeals any provision of a permanent Act, the repealed provision will not revive on the expiry of the temporary Act,-a situation which may be, and usually is, contrary to the intention of the legislature. But there is no difficulty in applying the other clauses of section 6 to the expiry of temporary Acts.

1. Para. 7.5, supra.



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