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Microlesson · 5-min read

Repeal Provisions

# Repeal Provisions [Sections 6, 6A, 7, 8]

## Effect of Repeal [Section 6]

When a Central Act or Regulation repeals another Act, the repeal shall NOT:

#Repeal does NOT...
1Revive anything not in force during the period of the repealed enactment
2Affect the previous operation of the repealed enactment
3Affect any right, privilege, obligation or liability acquired/incurred under the repealed enactment
4Affect any penalty, forfeiture or punishment for offences under the repealed enactment
5Affect any inquiry, litigation or remedy for claims/debts under it — these may be initiated, continued, or insisted upon

## Repeal vs. Deletion — Critical Distinction

RepealDeletion
Complete obliteration of provisions — as if it never existedTakes effect from the date of deletion
Affects rights & cause of action related to repealed provisionNOT a total wiping out — provision existed until deletion

## Other Repeal Provisions

### Section 6A — Repeal of Amending Acts

If Central Act repeals an enactment that had amended another Act, the amendment continues to apply (unless a different intention appears).

### Section 7 — Reviving Repealed Enactments

To revive a repealed enactment, it is necessary to state the intention to do so.

### Section 8 — Reference to Repealed Provisions

If an Act repeals AND re-enacts any provision of a former Act, references to the repealed provision in any other enactment are considered as references to the re-enacted provision.

Worked example

### Example 1

Companies Act 1956 repealed by Companies Act 2013 — Even after repeal:

• A company incorporated in 2012 under the 1956 Act is still valid

• A penalty imposed in 2011 under the 1956 Act remains enforceable

• A case filed in 2010 under the 1956 Act can still be continued in court

⚠️ Common exam mistakes

  • Treating 'repeal' and 'deletion' as interchangeable — repeal is retroactive obliteration, deletion is prospective from date
  • Assuming that repeal wipes out all rights, liabilities, and pending proceedings under the old Act
  • Forgetting that reviving a repealed Act requires express statement of intention
  • Believing that repeal of an amending Act undoes the amendments — it does not
Reference: Sections 6, 6A, 7, 8 — The General Clauses Act, 1897
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