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TMI BlogCLASSIFICATION OF STATUTESX X X X Extracts X X X X X X X X Extracts X X X X ..... CLASSIFICATION OF STATUTES - By: - Mr. M. GOVINDARAJAN - Other Topics - Dated:- 18-7-2015 - - Black, Henry Campbell (1990), Black s Law Dictionary, Sixth Edition, defines the term statute as a formal written enactment of a legislative authority that governs a country, state, city or a country. Typically, statutes command or prohibit something or declare policy. The word is often used to dist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inguish law made by legislative bodies from the judicial decisions of the common law and the regulations issued by Government agencies. The Constitution of India does not define the term statute . Instead it uses the term law . The term law is defined by Article 13 (3)(a) as including any ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law. Therefore, a statute is the will of the legislature. Indian statute is an act of the Central or State Legislature. Statutes include Acts passed by the Imperial or Provincial Legislature in Pre-independence days as well as regulations. Statutes generally refer to the laws and regulations of every sort, every provision of law which permits or prohibits anything. A statute may be cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssified with reference to its duration, nature of operation, object and extent of application. The classification of statutes with reference to the basis of duration is as follows: Perpetual statutes; Temporary statutes. The classification of statutes with reference to nature of operation is as follows: Prospective statutes; Retrospective statutes; Director statutes; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mandatory statutes; The classification of statutes with reference to objective is as follows: Enabling statutes; Disabling statutes; Permissive statutes; Prohibitory statutes; Codifying statutes; Consolidating statutes; Curative or validating statutes; Repealing statutes; Amending statutes. Classification with reference to duration The perpetual statutes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fix no time limit for the life of the enactment. Such act remains in force until it is repealed either expressed or implied. For example MRTP Act, 1969 has been in life up to the enactment of Competition Act, 2002 . The Competition Act, 2002 repealed the MRTP Act. The temporary statutes are for a short period or for a specified period. The enactment will lapse after the expiry of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecified period. For example the ordinance passed by the President. Ordinance has been passed by the President when the Houses are not in session and it is in urgent nature the President promulgates the ordinance. Classification with reference to nature of operation A statute which operates upon acts and transactions which have not occurred when the statutes takes effect, that is which r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egulates the future is a prospective statute. Every statute takes away or impairs vested rights acquired under the existing laws or creates a new obligation into a new duty or attaches a new disability in respect of transactions or considerations already passed are deemed retrospective or retroactive statute. A directory statute is generally affirmative in its terms, recommends a certain ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t or omissions, but imposes no penalty on non observance of its provisions. A mandatory statute is one which compels performance of certain acts and directs that a certain thing must be done in a certain manner or in certain form. These types of statutes are imperative statues which are often negative or prohibitory in its terms and make certain acts or omissions absolutely necessary and subj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect a contravention of the provision to a penalty. When the statute is passed for the purposes of enabling something to be done and prescribes the formalities which are essential to the validity of the things which are done are called imperative or absolute, but those which are not essential and may be disregarded without invalidating the things to be done are called directory statutes. Imperat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive statutes must be strictly observed. Directory statute may be substantially complied with. Classification with reference to nature of objective The enabling statutes are which enlarges the common law where it is too strict or narrow and it makes a lawful to do something which would not otherwise be lawful, whereas the disabling statutes restrict or cut down rights existing at common law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The permissive statute allows certain acts to be done without commanding that they are performed where as the prohibitory statute forbid the doing of certain things. The codifying statute presents and orderly and authoritative statement of the leading rules of law on a given subject, whether those rules are to be found in statute law or common law. The consolidat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing statute is to present the whole body of statutory law on a subject in complete form repeating the former statute. The curative statute is otherwise called as validating statute. It is passed to cure defects in the prior law and too validate legal proceedings, instruments or acts or public and private administrative powers which in the absence of such statute would be void for want of conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ormity with existing legal requirements but which would have been valid if the statute has so provided at the time of enacting. A repealing statute either expressly or by necessary implication revokes or terminates another statute. The amending statute makes and operates to change the original law so as to effect an improvement or more effectively carry out the purpose for which the original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law is passed. - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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