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Report No. 60

7.24. Position as to expiry of Ordinance.-

The new section will not be applicable to Ordinance promulgated by the President under Article 123 of the Constitution. Such Ordinance either (i) lapse on the expiry of six weeks from re-assembly of Parliament, or (ii) come to an end by virtue of disapproval by Parliament, or (ii) terminate on withdrawal.

7.25. First, when the Ordinance ceases to operate on the expiry of six weeks, Article 123(2)(a) of the Constitution comes into play, under which the Ordinance "shall cease to operate" at the expiration of six weeks from the re-assembly of the Parliament.

[The Rangoon High Court has held,1 after discussion of the case-law, that as the law does not take into account fractions of a day, an Ordinance promulgated under section 41(2)(a) of the Government of Burma Act, 1935 (25 Gec. 5, Ch. 22) (which provided that an Ordinance shall cease to operate at the expiration of six weeks from the reassembly of the Legislature) expired on the mid-night of 28-29th March, 1940, (which is six weeks from mid-night of 15-16th February, 1940, the Legislature having re-assembled on 15th February, 1940). The Court negatived the contention that, as the House had re-assembled at 11.00 A.M. on the 15th February, 1940, therefore, the Ordinance expired at 11.00 A.M. on the 28th March].

1. U. Lun v. U Chit hlaing, AIR 1941 Rang 5 (14), expressly approved on this point in AIR 1941 Rang 49 (50).

7.26. Secondly, if the Ordinance comes to an end because of disapproval by both Houses, then under Article 123(2)(a), last portion, is ceased to operate "upon the passing of the second of those resolutions".

7.27. Thirdly, regarding withdrawal of an Ordinance under Article 123(2)(b), the withdrawal can be made "at any time" by the President.

General Clauses Act, 1897 Back

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