Lecture IV

EFFECT OF COMMENCEMENT OF A
STATUTE

Synopsis
Commencement 43
Commencement of Legislation 43
Notification in Gazette of official acts under
the authority of law
Prospective Commencement 45
Statutes regulating succession 46
Statutes regulating transfers and contracts 47
Fiscal Statutes 47
Penal Statutes 48
Retrospective Commencement 48
10. Repeal of a Statute 51
11. Express Repeal 52
12. Essentials of Express Repeal 52
13. Repeal and substitution of laws 53
14. Implied Repeal 54
15. Revival of Statutes 55
1. COMMENCEMENT:
The expression "commencement" used with reference to an
Act or regulation shall mean the day on which the Act or regulation.
comes into force l .
2. COMMENCEMENT OF LEGISLATION:
Acts come into force in the followingways:

S.3(13), General Clauses Act, 1897.

44 Lectures on Interpretation of Statutes [Lec.IV
On a particular day (Prescribedby the Act it may be
prospective or retrospective). If any enactment provides
that it will come into operation on a particular day fixed
by the President or a Governor, or any public officer by
publishing in the Gazette, various dates may be fixed in
regard of different provisions of that Act.
No particular day-the first movement of the day the assent
of the President is received. If a day is not set for the
coming into operatioryof law, that day will be the day when
the law was first published in the Gazette as a law.
3. NOTIÉIÄTION IVGAZETTE OF OFFICIAL
ACTS UNDER THE AUTHORITY OF LAW
When any bill made into an enactmentby the President, a
Governor, or any public officer, the notificationof that statute/
enactment may be by notice in the official Gazette unless a specified
method is prescribed. Certain statutes must be published in the
Gazette. However, there are also other ways stated for the circulation
and commencement of laws & publication of notices when publication
in the Gazette is impractical. It has become common in recent
enactment to allow publication on an official site.
If an Act provides that it will come into effect at a particular
date, then section 5 of General Clauses Act has no effect.l Sometimes
provisions of different parts of an Act will be coming into force at
different dares, and in this instance, care has to be taken to see that,
all related provisions should be coming into forge in together that the
legislative intent should not be defeated •duringthe intervening period.2
An enactment is said to be in force unless and until it has been
brought up by legislative enactment or a delegate empowered in this
behalf.3 The delegate can bring an Act into force if it is competent
for the legislature to enact that Act, though the legislature is ceased
1. Common Cause v. Union oflndia, (2003) 8 SCC 250, p. 262.
2. J. Mitra & Company Private Ltd. v. Assistant Controller of Patents
and Designs, (2008) 10 SCC 369,
3. State ofOrissa v. Chandrashekhar Singh, AIR 1970 SC 398.
 Lcc.IVl Effect of Commencement of a Statute
to be competent to enact the Act. 1 A writ of mandamus
cannot6
given to the Government to enforce a law if the government
di
lay objective standards when the enforcement of a law is leftto•
discretion of the Government.2 When the reasonable time
passed from the date of passing of the Act, a writ can beissfield
is
to see that the Act can be brought into force or not to the Gov mad'
The court, in exceptional cases, can stay the statutefrom
operation' Even the House of Lords held that the courtc Kas
compel the minister to bring the provisions into force whicharethat
come into effect on a particular day appointed by minister'sor faci
made by statutory instrument s but his discretion is fettered, and ma
should see whether the statutory provision should be broughtin prc
effect under review and to exercise a prerogative power not consis fgl
with that duty would be aq abuse. 6 The doctrine of legitimare:
expectation cannot be applied to make a provision operative wh
is
the provision does not yet come into effect on a notificationissu
by the executive Government. 7
4. PROSPECTIVE COMMENCEMENT:
Generally, all statutes are prima facially prospective in na
unless it is expressed or implied. Prospective in nature means likel
to happen at a future date. It means if any-enactment is enact
today and it will come into force at a future date is called prospectiv
commencement.
4. For Example, Indian Contract Act (Date enacted is on 25
April 1872,Date of commencedY is on y 1stSeptember 1872)'

1. IshwarDas v. Union oflndia, AIR 1972SC 1193.

2. A.K. Roy v. Union oflndia, AIR 1982 SC 710.
3. Altmesh Rein v. Union oflndia, AIR 1988 SC 1768.
4. Factortome Ltd, v, Secretary of State for Transport, (1991) I All ERIO
5. R v.Secretary of Statefor t/le Hotne Department,exparte, Fire Brig
Union,(1995) 2All ER 244, p. 252,
Ibid, p. 253,
7. R v.Director of Public Prosecution esparto Kebeline, (1999) 4 All
801, p. 833 (1 IL).
 ecturcs on Interpretation of Statutes (Lec.IV
I
46 Madhava Menon v. State OfBombay, it was
Kcsltavan
cardinal principle ofconstruction that every stamte
it is a unless expressly or by
facie
is
made•retospecåve.
case of MeenakshiSharma v State of Jammu and
In the
others2, the Jammu And Kashmir High Court held
Kashmirand
cardinal principle of
construction that every statute is
thatit is a unless it is expressly or by necessary implication
facie prospective
retrospective There is a presumption of
made to have
ardculated in the legal maxim 'nova constitutiofuturis
qpectiveJy
iynponere debet non praeteritis' i.e. "a new law ought to
fornam not the post" and fis presumption operates
r"aulatewhatis to follow,
shown to the contrary by express provision in the statuteor
unless
by necessary implication. But the rule, in
isotheNåsediscernible
general,is.applicablewhere the object of the statute is to affect-
richtsor to impose new burdens or to existing obligaüons.
Unlessthere words in the statute suffcient to show the intention
oftheLegislatureto affect existing rights, it is to be

5. STATUTES REGULATING SUCCESSION

Statutesare enacted by the Qarliament for the purposeof
succession are not retrospectively effective to successions
regulating
alreadyopened,or else the effect will divest or disrobe the estate
in it was vested prior to the enactment of the Act.3The
relatingto succession are applicable to the successions
statutes
Opened afterthe enactment of the Succession Act. The Hindu Law
OfInheritance applies to a female heir died
(Amendment) Act, 1929 she had
afterthecoming the male to whom
into effect of the Act Section
had died prior to the enactment ofthe Act.4 Even
SUCceeded
l.
AIR 1951
2 SC128.
2017Indiaw
3. JR 686, MANU/JK0357t2017. 119, pp. 129,
AluhanunadAbdus Samad v. Qurban Hussain, ILR 26A11
I 130(PC).
Dunichand v.Anarkali (Mt.), AIR 1946 pc 173.
 Lcc.IVl Effect of Commencementof a Statute 47
81of the Hindu SuccessionAct, 1956 is held to be retrospectively
inapplicable.2 But Section 143 the Hindu Succession Act*is
retrospectively effectively in its own terms and the only qualification
of a Ilindu female is that she should be possessed to the estate at
the time of the Act whenit came into force.
6. STATUTES REGULATING TRANSFERS AND
CONTRACTS
The Acts of Parliamentmade for providing formalities to effect
transfers are not applicable to transfers prior to the enforcement of
the Act. 4 The Transfer of Property Act, 1882 expressly under
Section 2 states that the Act is not retrospectively effective. A valid
transfer made before the enactment of the Act are valid even after
the Act came into force, it does not invalidate prior transfers which
are valid at the time the transfer is made. A transfer which is in
contravention of the statutoryprohibition is invalid and not validated
by the repeal of the statute which contains prohibition.5 If an oral
mortgage before the Act came into enforcement is valid according
to the then existing law, then it is said to enforceable even after the
Act came into force.6
7. FISCAL STATUTES
These legislations are generally governed by a presumption that
they are not retrospective and it is a cardinal principle of the tax
law that is to be applied is that in force in the-assessment year unless
provided necessary implication or expressly. 7
-1. The property •of a Hindu male dying intestate shall devolve in
accordance with the provision of the Act.
2. Eramma v. Veerupana, AIR 1966 SC 1879.
3. Any property possessedby a Hindu female, whether acquired before
or after the commencement of the, shall be held has full owner.
4. Thakoor Hurdeo Buxv. Thakoor Jowahir Singh, (1879) 6 IA 161,p.
166.
5. Ram Kristo v. Dhankisto, AIR 1969 SC 204, p. 208.
6. Ahnzad Raza v. Abid Husain, ILR 48 494, p. 501 (PC).
7. Reliance Juteand Industries Ltd. v. Commissioner of Income tax, AIR
1980 SC 251, p. 252.
48 Lectures on Interpretation of Statutes [Lec.IV
8. PENAL STATUTES
Penal statutes are prospectivewhich increases the penalties
for existing offences by reason of the constitutional provisional
restriction imposed by Article 20 of the Constitution. 1 If an Act
creates a new offence, then it applies only to those offenders who
fulfils all the ingredients of the offence after the commencement of
the Act. 2 Section 433A of the CrPC. says that the when sentence
of imprisoning for life is imposed on conviction of a person for which
death is one of the punishment shall not be released unless he serves
at least 14 years of imprisonment. This provision is applicable to
sentences imposed after the Act came into force.3
9. RETROSPECTIVE COMMENCEMENT:
General principles of RetrospectiveOperation of a Statute
(i) Power to make retrospectivelaws
The Union and State have the plenary power of legislation
within the assigned fields subject to constitutional and judicial
restrictions. 4 It can legislate prospectivelyand retrospectively.5 For
the past period, the competency to make a law on a particular subject
depends on the competency to make or to legislate the law at present
on a particular subject. 6 The retrospective operation of legislation
makes a law operated for a limited period prior to enactment, and
it is not operative either on the date or in future. 7Retrospective
legislation wipes out an amendingAct completely and restores the
law prior to the amending Act.8
1. West Ramnad Electric Distribution Co. Ltd. v. State of Madras, AIR
1962 SC 1753, pp. 1758, 1760.
2. R v. Griffiths, (1891) 2•QB 145, p. 148.
3. Mauram v. Union of India, AIR 1980 SC 2147.
4. State of Gujarat v. Raman Lal Keshav Lal Soni, (1983) 2 SCR 287.
5. United Provinces v. Atiqa Begum (Mt.), AIR 1941 FC 16, p. 26.
6. •A.Hajee Abdul Shukoor & Co. v. State of Madras, AIR 1964 SC 1729,
p. 1735 (para. 33).
7. District Mining Officer v. Tata Iron & Steel Co., AIR 2001 SC 3134, pp.
3140.
8: state bfTami1Nadu v.Arooran Sugars Ltd., AIR 1997 SC 1815.
 Lec.IVl •Effect of Commencementof a Statute
(ii) Statutes with respect to Substantive Rights
It is well known and the chief principle that every
legislavwbell
or statute-is prima facie prospective unless it is impliedexprvto
that the statute is made to have retrospective operation.l TheIt}
ac

maxim, "nova •constitutio futuris formam imponere debetto

proc(

praeteritiS ', utters the presumption of prospectivity. It saysth

new law should regulate what is to follow and not thepast.
presumption is upheld unless a contrary opinion is shown.2 I
doe
is applicable where the object of the statute is to impose newbur
or impairing existing obligations or affecting vested rights.Unless
the legislature$y words ina statute is showntoaff of
existing rights, it is deemed to be prospective.(no no
constituitofuturisformamimponeredebet non praeteritis). ex
re
(iii) Statute dealing withthe procedure st:
The statutes dealing with substantive rights and matters
procedure are presumed to have retrospective effect unlessit si

textually inadmissible.3 The statutes which affect vested rightsshoul

not be given retrospective effect (a rule that a parliament's Actn
to be given retrospective effect). This does not apply to Acts
parliament which changes the procedure or admissibility of evidenc
affec
or the effects to give evidence by courts.4 If the new statute
to
only the matters of the procedure then, prima facie it applies
pending as well as future actions.5Any of the persons has a vestee t
right over the matter. of procedure, and his right is only either
for
prosecute or defend in the manner prqvided by the court or
court where the case js pending. If the Act of parliament alters
altert\
procedure, then he has no other right than to proceed with the
mode.6 A procedural statute should not be applied retrospectively
l. Keshavan v. State of Bombay, AIR 1951 SC 128, p, 130.
SCC
2. Monnet Ispat & Energy Ltd. v. Union of India Ors., (2012) Il
P. 90.
3. Gardner v. Lucas, (1878) 3AC 582, p. 603 (HL).
4. Blyth v. Blyth, (1966) 1 All ER 524, p. 535.
5. A.G v. Vernazza, (1960) 3 All ER 97, p. 100.
6. An.ant Gopal Sheorey v. State ofBombay, AIR 1958 SC 915, p. 917•
 on Interpretation of [Lec.IV
Lectures
50 create new disabilities or new duties widl
will
theresult transac
accomplished creates new rights and obligations are consüued
to wellas
unlessexpressly provided.
to Statements of the rule against retrospectivity
(iv)
categorisation of a statute as a substantive or procedural
The it may have retrospective operation. E.g.,
whether
doesnotcontrol of limitation is generally concernedwith
Parliament
AAActof application top-ast cause of action widl the effect
but
rbcedural if its
ohevivinga rightof suit is not said to be procedural. This rule is
notapplicablemerelyit is a part of requirements for its action is
froma time antecedent to its passing. For the above
extracted •
theruleagainst retrospectivity avoids the classification of
reasons
intosubstantiveand procedural and avoiding the words,
statutes
orvested'. The general rule of common law in the more
existing
statementwas made in, Secretary for Social Secu-rityv.
simple
2 whichthe Parliament shall not be presumed to have
Tunnicliffe
Intended
tochangethe law applicable to past events is unfair unless
contrary
opinionappears.It is not a question whether to classify a
statute
asretrospectiveor not but-it is a matter of degree the greater
theunfairness,
it is expected that the Parliament will make it clear
if it is intended. 3

InAntonelliv. Secretary of State for Trade and Industry",

the
testoffairnesswas
applied while interpreting section 3(1)(a)(i)
oftheEstateAgentsAct, 1979, which authorises the Directcx General
ofFair
Trading to make an order-prohibits a person from doing work
ofestate
agencywhen he
ontheground considered him to be not fit to practice
other that he has been convicted of fraud or violence or
dishone sty. Here the issue
Hitendra
is whether the Director can
2641 Thakurv. state
2.

3. (1991)2A11ER712.
officeCherifen
4 QLtd,(1994) des Phos_-hates v. Yamashita Shinnihon Steamship
IA11ER20,2.. 30.
 Statute 51
Lec.IVl Effectof Commencement of a
conviction prior to the Act? The court held that
disqualify for the
the Act and also
the Director could act on the convictions. before power is for the
held that the test of fairness was satisfied and the considering
in
protection of the public. Director has the wide discretion
work.
the conviction to unfit a person to carry estate agency
that no
In Vijayv. State of Maharashtra,l a new law made a
as
person shall be a member of a Panchayat who is elected
Samiti,
counsellor of Zila Parishad or as a member of the Panchayat
members
which is retrospective in nature and even applies to existing
giving
of a Panchayat:lt is said that when a provision's literal reading
retrospective effect doesn't give absurdity or anomaly, the same
would not be construed only as prospective. The repudiation is a
flexible rule and differs with the intention and purport of the legislation,
but to apply in such case is the doctrine of fairness. Even there is
no express provision as to the retrospective effect of a statute; the
statute may be held to be retrospective in nature if the new law is
enacted for the benefit of the community as a whole.
(v) Language is not decisive always
When deciding the applicability of a statute to past events, the
language used plays an important role which needs to be taken in
account, but it cannot be said as a rigid rule that use of present
perfect tense or present tense is decisive thät it doesn't apply to past
events. Eg. The sentence, 'a debtor commits an act of bankruptcy'
applies to acts of bankruptcy prospectively as well as retrospectively?
The wordsin a phrase, 'if a person has been convicted'were
interpreted to include anterior convictions.3 The dominant intention
of the legislature to be taken from the language used, the nature of
rights affected, the object indicated, and the circumstances under
which the statute is passed.
10. REPEAL OF A STATUTE
Repeal of a statute means to cancel, abrogate or revoke an
existing statute by legislative enactment. The legislature has a co-
1. (2006)6SCC289.
2 Exparte, Pratt, (1884) 12 QBD 334.
3. - State of Bombay v. Vishnu Ram Chandra, AIR 1961 SC 307, p. 310.
52 Lccturcs on Interpretation of Statutes [Lec.IV
extensive power, i.e., the power to enact as well as repeal.The
repeal might benefit a particular person or repeal may affecthim
injuriously. There is nothing to prevent any parliament from enacting
at a particular statute all never in any circumstances be altered or
abrogated, and at certain troubled periods of history, this seems to
have been the intention of the legislators. Any statute may repeal
any Act in whole or in part, either expressly or impliedly.Under
General Clauses Act, 1897,Section 6 "Repeal" connotes abrogation
or obliteration of one statute by another, from the statute book as
completely "it must be considered as if it had never been passed."
The main object of repealing and amending Acts is only to
strike out the unnecessary Acts and exercise dead matter from the
statute book in order to lighten the burden of an ever-increasing spate
of legislation and to remove confusion from the public mind.
11. EXPRESS REPEAL
The legislature may enact different statues to declare that an
earlier Act has been abolished or cancelled. Deceleration by the
legislative body new enactment is called as Express Repeal".
12. ESSENTIALS OF EXPRESS REPEAL:
The essential ingredients of an express repeal are mentioned
below:
a) There must be a following repealing Act.
b) Such following Act must seek to repeal an earlier Act.
c) Specific words.should be used in the consequent repealing
Act, showing clear intendment to effect the repeal of an
earlier Act.
d) Usually, any one of the following forms is employed to
intend the express repeal
it is hereby repealed."
shall be inoperative,"
.. ...shall be invu\ .d,"
.. ...shall cease/close down to have an effect."
 Lec.1V1 Effect of Commencement
of a statute
.all provisions
inconsistent with
repealed." thisAq
To bring out an express are
54
particular sort of words.l Therepeal; it is not necess
used words have an. intentionnecessary thing is toaryto obsti
question. The form to repeal
to repeal the Act
is to use the words or
repealed' and to mention in
repealing section or in like,'is
omission of a provision is treated wit
the provision and same as repeal. 2 as an amendment,which
There Q
repeal and amendment.3 is no difference
13. REPEAL AND SUBSTITUTION
When a law repeals any law and
for that law, the repealed law remains substitutesnewprovis al
in force until thesubstitll
provisions come into operation.
Where a law repeals and re-enacts any provision
or without modifications), references in any other law
oflaw€
tothe
law are construed as references to the re-enacted provisiom
Substitution of a provision repeals the earlier provisionar
replaces the repealed provision with a new provision.4 InShonb
l
Dayal v. State of Uttar Pradesh, 5 section 8 and 9 of Preverm
of Food Adulteration Act, 1954 are substituted by amendingAé
1964 which does not have the effect of repealing the originalsedior
8 and 9. Therefore, original section 9 continued for theappoin (
UIR
of the Food Inspector. The court held that the decisionwas
but on wrong reasoning. The amending Act repealed originalsecti(V
8 •and 9 in the place of new section 8 and 9. But the appointnvl l
is valid according to section 24 of the General ClausesAct,
and the appointment under the old section is construedasiftb

I. Art. 143, Constitution of India, 1950.

2. Bhagat Ram Sharma v. Union of/ndia, AIR 1988 SC 740, P.746
3. Ibid.
4. State of Rajasthan v. Mangilal I)inchval, AIR 1996 SC 2181,p. 2183'
5. AIR 1979 SC 310.
 Lectures on Interpretation of Statutes (Lec.IV
is made under the new provisions. When an Act
appointment then it would be interpreted gives
omission, ås.a retrospective. I
obvious
REPEAL
14.IMPLIED
Thelegislaturemay enact a statute which is SQinconsistent
theearlier. This is called an implied repeål.
with
General:
Thereexists a presumption against a repeal by implication. The
forthis rule is based on a theory that while enacting a law,
reason
is sound of the existing laws
thelegislature when there is no repealing on the same subject
Therefore,
matter. provision, it provides
anintentionnot to repeal the existing legislation.2
Legislationwith no express provision to repeal, it is presumed
attheburdento show the repeal by implication is on the party
contendingthe same.3 This presumption is rebutted when the
of the latter Act is inconsistent with former Act because
provisions
theycannotstand together. The repeal is inferred by implication.4
ifthetwolegislations can be read together, then the repeal will not
bemadebecause some application can be made from the words of
theearlier Act. 5 In Delhi Municipality v. Shivshanker, 6 the
Preventionof Food Adulteration Act, 1954 and Rules, 1955 are
relating
to vinegar were not held to be implied repealed by the
Essential
Commodities Act, 1955. The fruit order contained regulatory
provisions
and prescribed certain quality and composition
forvinegar;it could not be said that the two cannot stand together.
UnderArticle 254 of-the Constitution, the test applied (or
repugnance may be applied for seeing that there is an
determining
repealas indicated by Supreme Court. It should be seen that,
implied
l.

2
GOVerntnentof India v. India Tobacco Association, (2005) 7 SCC 396.
MunicipalCouncil Palai v. T.J.Joseph, AIR 1963 SC 1561, p. 1564.
3.
Lybbev.Hart,
4. (1883) 29 ChD 8.
MunicipalCouncil Palau 1561.
5. v. T.J.Joseph,AIR 1963 SC
A.Gv.Moore,
6 (1878) 3 Ex D 276.
AIR 1971
SC 815.
Lec.JVJ Effect of Commencement of a SAatute 55
Tbere %boujdbe a dire-a conflic,Ä b4wecn the
Whether legj%laureintMOd to Jay an exhaustive—
vice with regard to subjeÄ rnatlff alt—ing earlier Jaw,
Whether two laws cscupy the sarrz field.'
RepeaJ of a JegisJation is a matter with resrzct to substance,
and it feels on thc intention of the legislature,and by subsequent
enactment, the legislature abrogates forrrzr enactrrysnt either
wholly or partly, then this would a case of rxo tznto rerzaJ. Tbis
principle was applied in the case, Stateof Kerala & Ors. v. Mar
Apparently Kirik Company Ltd.,2 that the C%itFund Act, 1982, a
Central Act repealed Kerala Gitties Act, 1975,a Stzte Act.
intention of legislature covers tYEentirefield cfc±jits.'Jbzre were
direct inconsistencies between them. Repugnarcy made State Act
void under Article 25461) of the Constitution.
Repeating a law will not:
Revive Jaws not in force at the time; affect the previous
operation of the repealed law, or affectany rights or obligations
already accrued under the repealed law.
15. REVIVAL OF STATUTES
Restorationto currentug of restmng
the validity or legal force of a cancelledor repealed statute is callaJ
a revival.
Under the English CommonLaw when a repealing
enactment was repealed by another statute, the re— of
the second Act revived the forrrzr
But this rule dczs not applyto re—ing Acts passed since
1850, and now if an Act repealinga former Act is itself
repealed, the last repeal does not revive the Act before
repealed unless words are added reviving it.
The revival of statutes is goverEd by s.7 of GCA, 1897-
L Municipal Council Palau v. T.JJoseph,AIR SC 156L
2 (2012)7SCCICß.
56 Lectures on Interpretation of Statutes [Lec.IV

• Once a repealing statute is itself repealed,that does not

mean the revival of the repealed statuteunless the language
of the repealing statute so provides expressly.
• The Interpretation Act 1957 explains when laws commence
and what happens when a law is repealed.
The rule of revival is a common law rule. The rule of revival
is abrogated by section 6(a) and section 7 of the General Clauses
Act, 1897. The result of revival is, for example, of Act A is repealed
by Act B which again repealed by Act C, the Act A will not be
revived unless the Act C make' express provisions to that effect. 1
Section 6(a) covers which is emphatically declared by seetion 7. But
the latter is limited, and the former is wider in operation and prevent
revival in various matters such as, in the revival of void contract 2
or of common law. When the provisions are repealed by substitution
of another provision and the Act making substitution is deélared
invalid, then the question revival requires consideration to know
whether it is declared invalid on any other groundsor for only
legislativecompetence.

1. Ameer-un-Nisaar Begum v. Mehboob Begum, AIR 1955 SC 352, p.362.

2. Coutesv. Diment, (1951) 1 All ER 890.