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Section 6 of the General Clauses Act, 1897 governs the 'effect of repeal'. Unless a different intention appears, which of the following is NOT preserved by the repeal of an enactment?
Answer & Solution
Correct answer: C.
1. Section 6 lists five things that the repeal of an enactment shall NOT affect:
2. (a) revive anything not in force or existing at the time at which the repeal takes effect; (b) affect the previous operation of any enactment so repealed or anything duly done or suffered; (c) affect any right, privilege, obligation or liability acquired, accrued or incurred; (d) affect any penalty, forfeiture or punishment incurred; (e) affect any investigation, legal proceeding or remedy.
3. Option D inverts (a) — Section 6 expressly **prevents** the repeal from reviving anything not in force. So 'fresh enforcement of un-revived provisions' is the trap.
4. Any investigation, legal proceeding or remedy may be continued, and any penalty may be imposed, as if the repealing Act had not been passed.
_Source: ICSI CS Executive — Lesson 4, 'Effect of Repeal (Section 6)', p. 108._
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