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Report No. 60

3.41. Section 3(19)-"enactment".-

Section 3(19) defines an "enactment". The decided cases on this expression, which occurs in several sections of the Act,1 are fairly numerous. For example, it has been held that an "enactment" would include any Act (or a provision contained therein) made by the Union Parliament or the State Legislature.2 Again, since "enactment" is defined to include also any provision of an Act, section 6 would apply to a case where not only the entire Act is repealed, but also where any provision of an Act is repealed.3

1. See, infra, para. 3.41A.

2. State of Punjab v. Sukh Deo Sarup Gupta, AIR 1970 SC 1661 (1942), para. 3, affirming AIR 1965 Punj 399.

3. Godhra Electricity Co. v. Somalal, AIR 1967 Guj 772 (776), para. 6.

3.41A. Sections containing the expression "enactment".-

The expression "enactment" occurs at several places in the General Clauses Act. Some of the important sections1 using the expression are as follows:-

Section 6-Repeal of an enactment-effect of.

Section 8-Construction of references to repealed enactments.

Section 12-Duty to be taken pro rata in enactments.

Section 26-Provision as to offence punishable under two or more enactments.

Questions of the application of the definition of "enactment" in section 3(19) can arise in relation to all these section. A discussion of such questions in relation to two important sections-sections 6 and 8-is offered below.

1. The list is illustrative only.

General Clauses Act, 1897 Back

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