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Karnataka] General Clauses Act, 1899 Part V

Title: Provisions as to Orders, Rules, Etc., Made Under Enactments

State: Karnataka

Year: 1899

..... 1. Inserted by Act 12 of 1953. Section 21 - Power to make to include power to add to, amend, vary or rescind notifications, order, rules or bye-laws Where, by any enactment, a power to1[issue]2[notifications], orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and condition (if any), to add to, amend, vary or rescind any2[notification], order, rules or bye-laws so1[issued.] _______________________________ 1. Substituted by Act 12 of 1953. 2. Inserted by Act 12 of 1953. Section 22 - Making of rules or bye-laws and issuing of orders between passing and commencement of enactment Where, by any enactment which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to the application of the enactment, or with respect to the establishment of any court or office or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which anything is to be done under the enactment,.....

Companies Act, 2013, Section 465

Title: Repeal of Certain Enactments and Savings

State: Central

Year: 2013

.....of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) subject to the provisions of clause (a), any order, rule, notification, regulation, appointment, conveyance, mortgage, deed, document or agreement made, fee directed, resolution passed, direction given, proceeding taken, instrument executed or issued, or thing done under or in pursuance of any repealed enactment shall, if in force at the commencement of this Act, continue to be in force, and shall have effect as if made, directed, passed, given, taken, executed, issued or done under or in pursuance of this Act; (c) any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure or existing usage, custom, privilege, restriction or exemption shall not be affected, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in, or from, the repealed enactments; (d) any person appointed to any office under or by virtue of any repealed enactment shall be deemed to have been appointed to that office under or by virtue of this Act; (e) any jurisdiction, custom, liability, right, title,.....

Bombay Commissioners of Divisions Act, 1957, (Maharashtra) Section 3

Title: Amendments to Enactment; Power of State Government to Confer Powers and Impose Duties on Commission???ers Under Any Law

State: Maharashtra

Year: 1957

.....determination. The delegation was. therefore, proper. Sadruddin v. J. H. Patwardhan, 1965 Mah. L. J, 290. The Legislature has not, in enacting sub-section (H) of section 3. parted with its essential legislative function. The Legislature has clearly laid down its policy and has left it only to the State Government. Subsidiary or ancilliary matters to implement the policy of the State Legislature. Therefore, provisions of the Act are not ultra vires of State Legislature and there is no excessive delegation of legislative power. Ganesh v. Commissioner, Nagpur Division. 1965 Mah. L. J. 577. Hyderabad Abolition of Inams and Cash Grants Act, 1954, Section 2A(2) - Notifications under the provisions of another Statute : Notifications under the provisions of another Statue.- In the case of Sombharti Guru Damu Bharti v. State of Maharashtra & Ors.. 2000 (3) All M. R. 453 : 2000 AIR 352 (Bom.) : 2001 (1) Mh. L. J. 914 : 2000 (Sup.) Bom. C. R. 371. Full Bench of the Bombay High Court (Aurangabad Bench) held that notifications issued under the Bombay Commissioners of Divisions Act, 1957 relation to section 2-A regarding to the appeal being heard by the Commissioner.....

General Clauses Act 1897 Section 8

Title: Construction of References to Repealed Enactments

State: Central

Year: 1897

1[(1) Where this Act, or any2[Central Act] or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted. 3[(2)]4[Where before the fifteenth day of August, 1947, any Act of Parliament of the United Kingdom repealed and re-enacted], with or without modification, any provision of a former enactment, then reference in any2[Central Act] or in any Regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.] ________________________ 1. Section 8 renumbered as sub-section (1) of that section by Act 18 of 1919, Section 2 and Schedule I. 2. Substituted by the A.O. 1937, for "Act of the Governor General in Council". 3. Inserted by Act 18 of 1919, Section 2 and Schedule I. 4. Substituted by the A.O. 1950, for "Where any Act of Parliament repeals and re-enacts".

Karnataka] General Clauses Act, 1899 Section 24

Title: Continuation of Order, Etc., Issued Under Enactments Repealed and Re- Enacted

State: Karnataka

Year: 1899

Where, any enactment is, after the commencement of this Act, repeal and re-enacted with or without modification, then, unless it is otherwise expressly provided, any 1 [appointment, notification,] order, scheme, rule, form or bye-law, 1 [made or] issued under the repealed enactment, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force and be deemed to have been 1 [made or] issued under the provisions so re-enacted unless and until it is superseded by any 1 [appointment, notification,] order, scheme, rule, form or bye-law 1 [made or] issued under the provisions so re-enacted. _______________________________ 1. Inserted by Act 12 of 1953.

Karnataka] General Clauses Act, 1899 Section 28

Title: Citation of Enactments

State: Karnataka

Year: 1899

(1) In any enactment, and in any rule, bye-law, instrument or document, made under, or with reference to, any enactment, any enactment may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the section or sub-section of the enactment in which the provision is contained. (2) In this Act and in1[any Mysore Act or Karnataka Act] made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appear, be constructed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation. _______________________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973

Bombay General Clauses Act, 1904, (Maharashtra) Section 25

Title: Continuation of Orders, Etc., Issued Under Enactments Repealed and Re

State: Maharashtra

Year: 1904

.....by a Bombay Act 1[or Maharashtra Act] with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, by-law or form made or issued under the repealed enactment shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, rule, by-law or form made or issued under the provisions so re-enacted. NOTES Repealed Notification.-It was held that the Notification even if it continued in force because of the application of section 25 of the Bombay General Clauses Act, 1904, extended the ordinance and not the Act. In the result, the connection made by the State that the Act had been extended to areas other than those mentioned in section 15 of the Bombay Building (Control of Erection) Act, 1948 to the extent that cinema theatres are concerned fail, because the Notification cannot lend any support whatever to it.- State of Bombay v. Pandurang Vinayak, I. L. R. 1951 Bom. 271 : AIR 1951 Bom. 263 : 52 Bom. L. R. 852 : 1957 Mah. L. R......

Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) (Enactment of Byelaws with Retrospective Effect to Provide for Levy and Collection of the Registration Fee and Market Complete Act

State: Central

Year: 1997

....."Market Committee" means the Bombay Metropolitan Region Iron and Steel Market Committee, Kalamboli, Navi Mumbai, constituted under section 4 of the Act. SECTION 03: REGISTRATION FEE (1) An application for Registration with the Market Committee, shall be made by the traders lawfully engaged in the specified trade within the market area, to the Chief Executive Officer of the Market Committee. (2) A registration fee of rupees 100 till the 31st December 1990, and thereafter of rupees 200, per application, shall be charged for such registration. SECTION 04: LEVY AND COLLECTION OF MARKET FEE (1) There shall be levied and collected, from every person carrying on specified trade in iron and steel and holding any premises whether as a lessee or otherwise in the market yard, on the basis of the area of the plot, shop, office premises, godown or open space, a fee at the rate specified in the Table below, per annum, for the common services, amenities, and facilities provided by the Market Committee. TABLE 1 Serial No. Area Market Fee Per Square Meter 1. Upto 5,000 Square Meters Rupees 9.00 2. 5,001 To 1,00,000 Square Meters Rupees 7.50 3. Above 1,00,001 Square Meters Rupees 6.00 (2).....

General Clauses Act 1897 Section 24

Title: Continuation of Orders, Etc., Issued Under Enactments Repealed and Re-enacted

State: Central

Year: 1897

.....of this Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided any2 [appointment notification,] order, scheme, rule, form or bye-law, 2 [made or] issued under the repealed Act or Regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been2 [made or] issued under the provisions so re-enacted, unless and until it is superseded by any2 [appointment notification,] order, scheme, rule, form or bye-law, 2 [made or] issued under the provisions so re-enacted3 [and when any 1 [Central Act] or Regulation, which, by a notification under section 5 or 5A of the4 Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by asubsequent notification, been withdrawn from the re-extended to such area or any part thereof, the provisions of such Act or Regulation shall be deemed to have been repealed and re-enacted in such area or part within the meaning of this Section]. ________________________ 1.Substituted by A.O. 1937, for "Act of the Governor General in Council". 2.Inserted by Act 1 of 1903, Section 3 and Schedule II. .....

Karnataka] General Clauses Act, 1899 Section 22

Title: Making of Rules or Bye-laws and Issuing of Orders Between Passing and Commencement of Enactment

State: Karnataka

Year: 1899

Where, by any enactment which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to the application of the enactment, or with respect to the establishment of any court or office or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which anything is to be done under the enactment, then that power may be exercised at any time after the passing of the enactment; but rules bye-laws or orders so made or issued shall not take effect till the commencement of the enactment.