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Report No. 60

12.17. Amendment will fill up gap in the law.-

It may, incidentally, be pointed out that such an amendment will fill in a gap in the present law as regards orders. According to the Allahabad High Court,1 where a statutory order does not indicate its date of commencement, it does not become effective. The only consequence of the order being published in the official gazette is that it comes into being as a piece of subordinate legislation on the statute Book. From this, it would not follow that it became law with immediate effect. The High Court pointed out that Acts of the Central Legislature came into force on assent, because the General Clauses Act says so. This judgment justifies what we have stated above.

1. (a) State v. Bansidhar, AIR 1969 All 184 (186); (D.C. Uniyal J.).

(b) State v. Ram Chand, AIR 1966 All 526 (DB).

General Clauses Act, 1897 Back

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