9911796707
TMI Blog2002 (9) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... ral Clauses Act after its omission X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the respondent, contended that section 276DD of the Act is omitted with effect from April 1, 1989, and hence for the offence committed prior to that date the provision could be enforced. He further emphasized that the complaint had been filed prior to omission of section 276DD of the Act on April 1, 1989. Since the effect of section 6 of the General Clauses Act is to prevent obliteration of a statute in spite of its repeal and to keep intact the rights acquired and liabilities incurred during its operation and permit continuance or institution of any legal proceedings or recourse to any remedy available before the repeal for enforcement of the same, it is contended that the offences committed during the continuance of a statute can b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s court to consider the difference between "omission" and "repeal" of an enactment; that the observation that "omission" being different from "repeal" has abruptly been made with out being preceded by a discussion or reference to authoritative text books; that no reason or rationale could be found to discern a distinction between "repeal" and "omission"; that the reason for this approach is obvious; that when this court held that a rule is not an Act or Regulation, further examination of the same whether it would apply to an omission did not really arise for consideration; that observations in that regard only escaped inadvertently and not after consideration; that "omission" of a provision results in abrogation or obliteration of the omitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Acts sought to be repealed or put them in a schedule; that sometimes the words "shall cease to have effect" are used; that when the object of repeal affects only a part of the Act, the words "shall be omitted" are used; that this aspect has been dealt with by Halsbury, fourth edition, volume 44, at page 604, footnote 4; that "omission" and "repeal" have identical effect in operation of the statutes. He adverted to section 6A of the General Clauses Act in which it is stated that if any Act repeals any enactment making textual amendment in the Act by express omission, insertion or substitution of any matter, then, unless different intention appears, the repeal shall not affect the continuance of such amendment made by an enactment so repeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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