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Effect of repeal. Where any Act repeals any enactment hitherto made, or h1 reafter to be made, theo, unless a different intention appears, the repeal shall oot- la) rev1ve anything not in force or existina at the time ut which the repeal takes effect ; or (b) alter the previous operation of any enactment so repealed or any- thing duly done or suffered thereunder ; or (.C) affect any ~ight, privilrge, obligation, or liabilily acquired, accrued or m;urrej under any enactment so repealed ; or (d) affect any penalty, forfeiture or punishment incurred in respect of any oiience committeo against any enactment so repealed ; Ol' l_e) affect any investigation, legal proceeding or remedy in respect of any such rignt, privilege, obligation, hab11ity, penttlty, forefei- ture, or pumshment as aforesaid ; and any ~uch investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be 1mposed as it the Repealing Act had not been passed. NOTES Section 6. Under the law of England, as it stood prior to the Interpre- tation Act of 1 ~ 89, the effect of repea ling a statute was said to obliterate it a· completely from the records of Parliament as 1f it had never been passed, except for the pur pose of tbose actions, which were commenced, prosecuted and concluded while it was an existing law. A repeal therefore without any saving clause would destroy any proceeding whether not yet begun or \\bethel' s. 8] A.uam General ClauJ6J AN, 191~ 795 pending at the time of enactment of the Repelling Act and not alrearly pro- secuted to a fin1l jurigrnent so '\S to create '\ vested right. To obviate such results a practice come into existence in Bngland to insert a saving clause in the repealing statute with a view to preserve rights and liabilities already accrued or incuned under the r•peated enactment. L1ter on, to dispense with the ne:e~'!ity of having to in~ert a saving clluse on each occ1sion, S. 38 (2) was inserted in the Interpretation Act of 1889 which provides that a repeat, U'lle ~" the contrary intention appea~s does not affect the previous operation of the repealed enactment or anything duly done or suffered under it and any investig3tion, legal proceeding or remedy may be inc;titut"ed, continued or eofori:ed in respect of any right, liability and penalty under the repealed Act as if the Repealing A~t has nr>t b::cn p1S'!ed Section 6 of the Oen~rat C\au~es Act, as is w ~l\ known, is on the same tines asS. 38 (2) of the Tnter· pretation Act of England !State n.f Punjab v Mohar f\ingh. AIR 1955 SC 84: The Com'ninioner of Income-tax v. Godavari, AlR l'J67 SC 5'\6 See also Qudrat Ullah v. Municipal Bo'lrd. AIR 1974 -;c 39fi1 This section applies even to p'\rtial rep~.1l. (Elcntabaruppa v C. P T O_fjicer, ATR 196) SC 1540} The hw does not favour repeal by implication (AIR \964 SC 12~4 : AlR 1966 SC 1780; ATR 1963 ~C t ' 611; nor any such inference can be made [ <\IR 1970 sr. 4031. This section has no Application when a statute which is of a temporary nature automatically expires by affiu.: of time [ \I .<. 1955 ~C 84: AIR 19~9 '\C 609; AlR 1962 SC 94'1 A repeal effected by a temporary \egi~lation is only a temporary repeal {AIR 1962 SC 128 Jl . A p~nding action will not be prima facie affected, which is to be deciried as if the repented enactment was still in force ( A.TR 1970 <:;C 1636: see also AlR 1976 SC 9 58] . This section will have no application if the law has a retrospective operation (AIR 1961 SC 10261 Under this section the repeal of any Act will not affect any right or liahility acquired or incurred under the repealed enactment. [AIR 1967 SC 1541) . A vested right unrler the old Code is saved by this section if replaced by the new Code. { -\lR 1969 SC 1225]. This section is similar to S. 6 of the Central Act.