Section 6 of The Bills of Lading Act 2025 Repeal and savings
Original Section Text
(2) Notwithstanding the repeal of the Act referred to in sub-section (1), it shall not affect,––
(a) the previous operation of the Act so repealed or anything done or any action taken or purported to have been or taken or suffered thereunder under the Act so repealed; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
(c) the operation of any rule, notification, order, notice or direction issued, or exemption granted thereunder, in so far as it is not inconsistent with the provisions of this Act, and shall be in force until it is repealed or superseded under the corresponding provisions of this Act; or
(d) any penalty incurred in respect of any contravention under the Act so repealed; or
(e) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Act had not been repealed;
(f) the reference made to the repealed Act under any other legislation, rule, order, or any other legal instrument and any such reference shall, in so far as it is not inconsistent with the provisions of this Act, be construed as a reference to this Act or its corresponding provisions.
(3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply with regard to the effect of repeal.
Visual Summary
Old Law Repealed
The Indian Bills of Lading Act, 1856 is officially cancelled.
Actions Saved
Past actions, rights, and legal cases from the old law are still valid.
Smooth Transition
Ensures there are no legal gaps when moving from the old law to the new one.
Executive Summary
This section formally retires the old law, ‘The Indian Bills of Lading Act, 1856’. However, to prevent legal chaos, it includes a crucial ‘savings’ clause. This clause ensures that the cancellation of the old law does not invalidate anything that was done under it. All past actions, existing rights, ongoing legal cases, and liabilities from the 1856 Act are protected and can continue as if the old law were still in effect for those specific matters. It ensures a smooth and fair transition to the new legal framework.
In-Depth Analysis of the Section
Introduction
Section 6 is a standard but essential part of any legislation that replaces an older one. It performs two critical functions: ‘repeal’ (cancelling the old) and ‘saving’ (protecting the past). This prevents a legal vacuum and ensures continuity.
Breakdown of the Section
Let’s look at the parts:
- Sub-section (1) – Repeal: This is a simple, direct statement that officially takes The Indian Bills of Lading Act, 1856, off the books. It is no longer in force.
- Sub-section (2) – Savings: This is the detailed protection clause. It clarifies that despite the repeal:
- (a) & (b): Past actions taken and rights or obligations acquired under the 1856 Act are still valid.
- (c): Old government notifications or orders remain in force until they are replaced by new ones under this 2025 Act.
- (d) & (e): Any penalties incurred or legal proceedings started under the old Act can be continued and enforced.
- (f): If any other law mentions the 1856 Act, it should now be read as referring to this new 2025 Act.
- Sub-section (3) – General Clauses Act: This is a legal technicality that reinforces the savings clause. It states that the standard rules about the effect of repealing a law, as laid out in the General Clauses Act of 1897, also apply here, providing an extra layer of legal certainty.
Practical Example
Suppose a shipping dispute started in January 2025 under the rules of the 1856 Act, and a court case was filed. In September 2025, the new 2025 Act comes into force, repealing the old one. Because of Section 6, the court case does not get dismissed. It can continue to its conclusion based on the legal framework of the 1856 Act, as the rights and proceedings were ‘saved’.
Conclusion
Section 6 is the legal mechanism for a clean transition. It allows the country to update its laws without disrupting past and ongoing legal matters. By repealing the old and saving the past, it paves the way for the new Act to operate effectively from its commencement date forward, while respecting everything that came before.
Related Provisions
This section is directly linked to the start of the new Act:
- Section 1: Short title and commencement – The commencement of this new Act is the event that triggers the repeal of the old Act mentioned in Section 6.
Learning Aids
Mnemonics
- Remember ‘Out with the Old, Protect the Past’: This section throws out the old law but includes provisions to protect the past rights and legal actions.
Frequently Asked Questions
What happened to the old Bills of Lading Act from 1856?
It has been officially cancelled, or ‘repealed’, by this new Act of 2025.
If I had a right under the old law, is it gone now?
No. The ‘savings’ clause in Section 6 ensures that any right, privilege, or obligation you acquired under the old 1856 Act is not affected and remains valid.
Test Your Knowledge
Quiz: Which Act is repealed by Section 6?
A) The General Clauses Act, 1897.
B) The Indian Bills of Lading Act, 1856.
C) The Bills of Lading Act, 2025.
Show Answer
Correct Answer: B) Sub-section (1) explicitly names The Indian Bills of Lading Act, 1856 as the repealed legislation.
More Quiz
Quiz: What is the purpose of a ‘savings’ clause in a repeal section?
A) To create new rights.
B) To ensure past rights and legal proceedings under the old law are not invalidated.
C) To save money for the government.
Show Answer
Correct Answer: B) The savings clause provides legal continuity and protects actions taken under the authority of the now-repealed law.