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Report No. 60

3.46. Recommendation as to definition of "enactment"-

In order that the definition of "enactment" may indicate more accurately what its true scope is, it needs to be re-drafted. The definition should be framed in wide terms, so as to include (i) Central Acts, as well as all (ii) State and Provincial1 Acts, and (iii) Acts of former Indian2 States, and also (iv) All Regulations and Ordinances, whether made after or before the Constitution.3 It should also cover laws of French etc. possessions,4 which were passed when those possessions were not part of India. Specific mention of Regulations of the Bombay etc. Code should be omitted, as unnecessary at the present day. We, therefore, recommend a re-draft of the definition of "enactment" as follows:-

1. Cf para. 3.42(a), supra.

2. Cf para. 3.42(b), supra.

3. c f. para. 3.45, supra.

4. Cf. paras. 3.42(c) and (d), supra.

Revised section 3(19)

3(19). "enactment" shall include any law passed or made by any legislature or other authority acting in a legislative capacity, and shall also include any provision contained in any such law, but shall not include a statutory instrument.

General Clauses Act, 1897 Back

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