Referring to the provisions of the General Clauses Act, 1897, answer the following questions: (i) Whenever a new law is enacted by the Government of…

CA Intermediate · Corporate and Other Laws · PYQS · September 2024
Referring to the provisions of the General Clauses Act, 1897, answer the following questions: (i) Whenever a new law is enacted by the Government of India, what shall be its date of coming into force? (ii) Whenever a new law is enacted to replace the existing law, it repeals the old enactment. Describe the points which shall not have any effect of repeal of the old enactment.

Suggested Answer and Working Notes:

(i) As per section 5 of the General Clauses Act, 1897, where any Central Act has not specifically mentioned a particular date to come into force, it shall be implemented on the day on which it receives the assent of the Governor General in case of a Central Act made before the commencement of the Indian Constitution and/or, of the President, in case of an Act of Parliament. Where, if any specific date of enforcement is prescribed in the Official Gazette, the Act shall into enforcement from such date. (ii) According to section 6 of the General Clauses Act, 1897, where any Central legislation or any regulation made after the commencement of this Act repeals any Act made or yet to be made, unless another purpose exists, the repeal shall not: Revive anything not enforced or prevailed during the period at which repeal is effected or;Affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; orAffect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; orAffect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; orAffect any inquiry, litigation or remedy with regard to such claim, privilege, debt or responsibility or any inquiry, litigation or remedy may be initiated, continued or insisted.

Topics: The General Clauses Act, 1897

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