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

An Act passed in 2005 was repealed in 2022 and re-enacted with modifications by a new Act. Meera had started a proceeding for a right acquired under the old Act in 2021 and it is still pending. Under the General Clauses Act, 1897, what is the effect of the repeal on Meera's proceeding?

Unless the repealing Act shows a different intention, repeal does not affect rights acquired or any pending legal proceeding under the repealed enactment. Meera's proceeding can therefore continue as if the repealing Act had not been passed, and it does not abate automatically.

  1. AThe proceeding abates automatically since the old Act ceased to exist
  2. BThe proceeding continues as if the repealing Act had not been passed, unless a different intention appears in the repealing ActCorrect
  3. CThe proceeding is converted into a fresh proceeding under the new Act with a new limitation period
  4. DThe proceeding continues only if the court gives special permission

Explanation

Under the Act's repeal provisions, unless a different intention appears, repeal does not affect any right, privilege, obligation or liability acquired or incurred under the repealed enactment, nor any pending legal proceeding or remedy for it. Such proceedings may be continued as if the repealing Act had not been passed. Automatic abatement is therefore wrong.

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