TMI Blog1991 (10) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... e Gold (Control) Act. The contention of the petitioner is that the Gold (Control) Act, 1968 was repealed by the Gold (Control) Repeal Bill, 1990 passed by the Parliament and therefore the prosecution initiated against the petitioner under the Gold (Control) Act is not sustainable and the petitioner-accused should be discharged. It is contended that the effect of the repeal is to obliterate the statute repealed completely as if it had never been passed and it must be considered as a law which never existed. The petition is opposed by the respondents. The learned Central Government Standing Counsel contended that by virtue of the provisions contained in Section 6 of the General Clauses Act the repeal of the Gold (Control) Act will not affect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Objects and Reasons it is mentioned that over the past 22 years the results achieved under the Act have not been encouraging and the desired objectives for which the Act was introduced have not been achieved due to various socio-economic and cultural factors in the vast multitude of the country s population and the lack of adequate administrative machinery, it is also mentioned that this regressive and purely regulatory Act has given rise to considerable dissatisfaction in the minds of the public as it has caused hardship and harassment to the artisans and small self-employed goldsmiths who have not been able to develop their skills and earn proper living on account of the rigours which this Act imposed upon them. It is true that in the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t manifests an intention to destroy them. The Court cannot therefore subscribe to the broad proposition that S. 6 of the General Clauses Act is ruled out when there is repeal of an enactment followed by a fresh legislation. Section 6 would be applicable in such cases also unless the new legislation manifests an intention incompatible with or contrary to the provisions of the section. Such incompatibility would have to be ascertained from a consideration of all the relevant provisions of the new law and the mere absence of a saving clause is by itself not material. The provisions of S. 6 of the General Clauses Act will apply to a case of repeal even if there is simultaneous enactment unless a contrary intention can be gathered from the new e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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