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CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

Act A, passed in 1950, was repealed in 1960 by Act B. Act C, passed in 1970 and containing no contrary intention, repeals Act B. Which statement correctly reflects Section 6(a) of the General Clauses Act, 1897 regarding Act A?

Act A is not revived. Section 6(a) says that unless a different intention appears, a repeal does not revive anything not in force or existing when the repeal takes effect, so repealing Act B does not bring back Act A, which had already been repealed.

  1. AAct A is automatically revived because Act B is repealed
  2. BAct A is revived only for pending proceedings
  3. CAct A is revived if Act C is silent on the point
  4. DAct A is not revived, as the repeal does not revive anything not in force or existing when the repeal takes effectCorrect

Explanation

Section 6(a) states that, unless a different intention appears, repeal does not revive anything not in force or existing at the time the repeal takes effect. Act A was not in force when Act C repealed Act B, so it stays dead. The common mistake is assuming repeal of a repealing law restores the original.

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