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CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

A Central Act authorised the Central Government to issue a notification. The Government issued notification N1 under that power. Later, the Act was repealed and re-enacted with modifications, and the new Act contains no provision about N1. Under the General Clauses Act, 1897, what is the position of N1?

N1 continues in force as if made under the corresponding provision of the new Act, provided it is not inconsistent with it. The General Clauses Act, 1897 preserves earlier notifications and orders on repeal and re-enactment until they are superseded.

  1. AIt lapses automatically upon repeal of the old Act
  2. BIt continues in force, unless inconsistent with the new Act, as if issued under the new Act's corresponding provisionCorrect
  3. CIt continues in force even if inconsistent with the new Act
  4. DIt continues only for one year after the repeal

Explanation

Where an Act is repealed and re-enacted, the General Clauses Act provides that appointments, notifications, orders, rules or bye-laws made under the repealed Act continue in force, so far as they are not inconsistent with the new provisions, until superseded. Option 3 is wrong because inconsistency removes the protection. No fixed one-year limit exists.

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