- Preamble — Azad Jammu and Kashmir Excise and Salt (Adaptation) Ordinance, 1978, Preamble —Azad Jammu and Kashmir Excise and Salt (Adaptation) Act, 1979, Preamble [passed by Azad Jammu and Kashmir Council] — Where temporary legislation repeals a permanent legislation the permanent legislation would revive when the life of temporary legislation i.e. an Ordinance comes to an end or the same is otherwise repealed. The Azad Jammu and Kashmir Excise and Salt Act, 1974,which repealed the Salt Act, 1944,was not repealed by the Ordinance known as Central Excise and Salt (Adaptation) Ordinance ,1978 — This Ordinance was re-enacted twice but there was no provision in any of these Ordinances to the effect that the Azad Jammu and Kashmir Excise and Salt Act, 1974 would stand repealed — If a permanent legislation was repealed by a temporary legislation, such as by an Ordinance, that revives when the Ordinance expired or was repealed —- Ordinance LIX of 1979 which was a re-enactment of Ordinance LXV of 1978 was repealed by Ordinance XCVII of 1979 and the Act VII of 1979 was promulgated by the Azad Jammu and Kashmir Council — Thus, when ordinance LIX of 1979 was repealed, the Azad Jammu and Kashmir Excise and Salt Act,1974 revived — Therefore , even if it was assumed that the Azad Jammu and Kashmir Excise and Salt (Adaptation) Ordinance, 1978 (Ordinance LXV of 1978) or any other subsequent Ordinance on the subject had the effect of repealing the Azad Jammu and Kashmir Excise and Salt Act, 1974, by implication, the said Act would be deemed to have revived when the said Ordinance came to an end or in other words the Ordinance LIX of 1979 was repealed. Novelty Enterprises Ltd. v. Deputy Collector & 5 others 2001 SCR 191 (D)
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