Facts in the Case
- A Central Act was repealed by the legislature.
- The same Act was re-enacted without any modification to its substantive provisions.
- Rules and orders had been framed under the original (repealed) Act.
- The question arises whether those rules and orders remain valid after the new (re-enacted) Act comes into force.
Issues in the Case
- What is the legal status of the rules, notifications, and orders made under the repealed Act when the same Act is re-enacted without modification?
- Does the re-enactment invalidate earlier subordinate legislation?
- What principle of statutory interpretation governs this situation?
Principles Applied
1. Section 24 of the General Clauses Act, 1897
- Section 24 applies when a Central Act is repealed and re-enacted with or without modification.
- According to this provision:
- Any appointment, notification, order, scheme, rule, form, or bye-law made under the repealed Act shall, so far as it is not inconsistent with the new Act, continue in force.
- These will be deemed to have been made under the newly enacted Act, unless expressly repealed or superseded.
2. Doctrine of Continuity
- When an Act is re-enacted in substantially the same terms, the legislature is presumed to intend continuity.
- The re-enactment does not wipe out prior administrative or subordinate legislation unless it is inconsistent or the new Act provides otherwise.
3. Judicial Precedents
- In State of Punjab v. Harnek Singh, AIR 2002 SC 1315, the Supreme Court held that rules framed under the old Act would survive under the re-enacted Act, if they are not inconsistent with it.
- In Deep Chand v. State of Uttar Pradesh, AIR 1959 SC 648, the Court recognized that rules and orders under repealed laws continue if the repealing law re-enacts the same subject and Section 24 applies.
Judgment
- If a Central Act is repealed and re-enacted without modification, then under Section 24 of the General Clauses Act, all rules, orders, and notifications made under the repealed Act will:
- Continue to remain in force,
- Be treated as having been made under the new Act,
- Remain valid as long as they are not inconsistent with the re-enacted statute.