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Report No. 60

7.21. Section 8.3 (New)-Time of expiry etc.-

As regards temporary Acts, there is another point to be considered. Just as the exact time of the commencement of an enactment is dealt with in section 5, it is desirable that the exact time of the expiry of a temporary Act should also be laid down. A new section on the subject is, therefore, recommended.

7.22. The new section will be confined to new Acts, as the formula embodied in it may not fit in with some of the temporary Acts already passed.1 The section should be as follows:-

1. E.g. See Delhi Control of Building Operations Act, 1967.

Section 8S (New)

8S. Time of expiry of temporary Acts etc.- Where a Central Act or Regulation made on or after the day of is expressed1 to expire, lapse or otherwise cease to have effect on a particular day, then it shall, unless the contrary intention is expressed, be construed as ceasing to have effect immediately on the expiration of the day immediately preceding that day.

1. Date of commencement of amending Act to be inserted.

7.23. Section 4(2) of the Canadian Uniform Interpretation1 Act provides that "where an enactment is expressed to expire, lapse or otherwise cease to have effect on a particular day, it shall cease to have effect immediately on the commencement of the following day." The section which we proposed will express the same idea but will adopt the language used in section 9(3).

1. Driadger Composition of Legislation, (1956), p. 256.

General Clauses Act, 1897 Back

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