Report No. 60
Recommendation
7.19. Salient points of the recommendation.-
In the light of the above discussion, the new section what we recommend will deal with the effect of expiry of temporary Acts only. Some of the noteworthy points in connection with the proposed section may be repeated, for convenience:
(i) The proposed section will not apply to the expiry of Ordinances.1
(ii) Assistance has been taken in drafting the section from section 6. But clause (a) of section 6 (regarding non-revival) has not been adopted, since it should not apply2 in cases of expiry.3
(iii) Instead of merely providing that section 6 will apply in relation to expiry the proposed section re-states the provisions intended to be applicable on expiry.4
It may again to pointed5 out that the mere application of section 6 of the General Clauses Act to a temporary Act (without reproducing, with adjustments, the detailed savings), would create difficulties, and may not produce the desired result. As was observed in a Calcutta case6 where a temporary Act is repealed and replaced by a new Act, section 8 of the Bengal General Clauses Act (which corresponds to section 6 of the General Clauses Act, 1897) may not achieve the object of saving the operation of the temporary Act, because the expression "as if the repealed Act had not been passed" can be construed in a rather narrow manner.
It would save the life of the Act only for the period upto the date of expiry, in the sense that its subsequent expiry is not to be taken as having wiped it off completely as if it had never been born. Whatever was done during its duration will not be re-opened, and that would be the only effect of the expression; once the date of expiry is gone, the temporary Act would have expired, and the words "as if the repealed Act etc." would not authorise any action after its expiry, because of the ordinary principles applicable as to the effect of expiry of temporary Acts.
1. See para. 7.18, Supra.
2. See discussion in para. 7.14, supra.
3. Hence section 30 will not mention the new section.
4. See discussion in para. 7.16, supra.
5. See also para. 7.16, supra.
6. Tarak Chandra Mukkerjee v. Ratan Lal Ghosal, AIR 1957 Cal 257.
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