TMI Blog1989 (3) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... ceiling on agricultural holdings initiated and continued under the Provisions of Chapter III-B of the Rajasthan Tenancy Act, 1955. In the Writ-petition filed directly in this Court reliefs similar to those sought before the High Court are claimed. The principal controversy before High Court in the proceedings, shorn of its niceties and embellishments, was whether the proceedings for fixation of ceiling area with reference to the appointed dated i.e. 1.4.1966 under Chapter III-B of the Rajasthan Tenancy Act, 1955, ('1955 Act' for short) could be initiated and continued after the coming into force of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act (Act No. 11 of 1973) ('1973 Act' for short) which w.e.f. 1.1.1973 repealed Section 5(6A) and Chapter III-B of the old Act, i.e. ' 19 Act'. 2. Chapter III-B, pertaining to imposition of ceiling on agricultural holdings, in the State of Rajasthan, was introduced into the '1955 Act' by the Rajasthan Tenancy (Amendment) Act, 1960. As a sequential necessity Section 5 was amended by the introduction in it of Clause (6A) which defined ceiling-area . The notified-date, as original ly fixed, was 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ossess, for the eligibility for recognition of such transfers. Appellants' contention is that if the new law had been applied to the case of the vendor, the transfers in their favour would have been held valid and that invoking of Chapter III-B of the repealed law was impermissible. Apart from the facts of individual cases and their particularities the basic question is one of construction-whether the provisions of the old law are saved and survive to govern pending cases. 4. We have heard Sri A.K. Sen, Sri Tarkunde and S ri Shanti Bhushan, learned Senior Advocates for the appellants and Sri Lodha, learned Senior Advocate for the State of Rajasthan and its authorities. The appellant's principal contention--which we perceive as one of construction of statutes--is that the later law made manifest, expressly and by necessary implication, an intention inconsistent with the continuance of the rights and obligations under the repealed law and that, accordingly, after 1.1.1973, the date of coming into force of the '1973 Act', no proceedings under the old law could be initiated or continued. 5. The points that fall for consideration in the se appeals are whether: ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this Chapter-- (a) family shall mean a family consisting of a husband and wife, their children and grand-children being dependent on them and the widowed mother of the husband so dependent, and (b) person in the case of an individual, shall include the family of such individual. Section 30C providing for the extent of ceiling area said: 30C. Extent of ceiling area-- The ceiling area for a family consisting of five or less than five members shall be thirty standard acres of land; Provided that, where the members of a family exceed five, the ceiling area in relation thereto shall be increased for each additional member by five standard acre s, so however that it does not exceed sixty standard acres of land. Explanation--A 'standard acre' shall mean the area of land which, with reference to its productive capacity, situation, soil classification and other prescribed particulars, is found in the prescribed manner to be likely to yield ten maunds of wheat yearly; and in case of land not capable of producing wheat, the other likely produce there of shall, for the purpose of calculating a standard acre, be determined according to the prescribed s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the date of promulgation of the Ordinance. Section 40 of the '1973 Act' repealed, as did the predecessor-Ordinance, both the old law in Chapter III-B of the '1955 Act' and the earlier Ordinance for which it substituted. Section 3, Section 4(1), Second Proviso and Section of the 1973 Act require particular notice. Section 3 provides: 3. Act to override other laws, contracts, etc.-- The provisions of this Act shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force, on any custom, usage or contract or decree or order of a court or other authority. The Second Proviso to the Explanation appended to Section 4(1) of the Act says: Provided further that if the ceiling area applicable to any person or family in accordance with this section exceeds the ceiling area applicable to such person or family according to the provisions of law repealed by section 40, in that case the ceiling area applicable to such person or family will be the same as was under the provisions of the said repealed law. Section 40 provides: 40. Repeal and savings--(1) Except as provided in second proviso to sub-sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e manifest an intention contrary to what would, otherwise, follow by the operation of Section 6 of the General Clauses Act, the incidents and consequences of Section 6 would follow. 9. Appellants' learned counsel submitted that the legislation in question pertaining, as it did, to the topic of agrarian reform was attendant with the difficulties naturally besetting a task so inextricably intermixed with complex and diverse and, indeed, often conflicting socio-economic interests had had to go through stages of empirical evolution and that having regard to the wide-diversity of policy-options manifest between the earlier and the later legislations, the conclusion becomes inescapable that the later legislation, made manifest an intention inconsistent with and contrary to the continuance of the rights and obligations under the repealed law. It was agreed that with the experience gained in the implementation of the policy of agrarian reforms embodied in the repealed law, the new policy-considerations--reflected in the new and basically different thinking on some of the vital components of the new-policy--were evolved and incorporated in the new law, so much so that the repealed an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sage and provide an integrated and inter connected set of provisions and the marked distinctions in the vital provisions in the two sets of laws rendered the continued applicability of the old law to any case, not already finally concluded thereunder, as impermissible in law as unreasonable in its consequences if permitted. It was urged that Section 3 of the 1973 Act was a clinching indicator in this behalf when it provided that the provisions of the later law shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force, or any custom, usage, or contract or decree or order of a Court or other authority (underlining supplied) and that the old Act, even if it was, otherwise, held to be in force in relation to pending cases, was clearly over borne by Section 3 of the new law. When there is a repeal of a statute accompanied by re-enactment of a law on the same subject, the provisions of the new enactment would have to be looked into not for the purpose of ascertaining whether the consequences envisaged by Sec. 6 of the General Clauses Act ensued or not--Sec.6 would indeed be attracted unless the new legislation manifests a contrary in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person or family would be the same as was provided under the provisions of the old law. The High Court relied upon and drew sustenance for its conclusion from, what it called, the internal evidence in the Act which, according to the High Court, indicated that pending-cases were governed only by the old law. The High Court referred to sec. 15(2) inserted by Act No. 8 of 19 and what, according to it, necessarily flowed from it in support of its conclusion. Sec. 15(2) inserted by Act No. of 1976 (2) Without prejudice to any other remedy that m ay be available to it under the Rajasthan Tenancy Act, 19 (Rajasthan Act 3 of 1955), if the State Government, After calling for the record or otherwise, is satisfied that any final order passed in any matter arising under the provisions repealed by Section 40, is in contravention of such repealed provisions and that such order is prejudicial to the State Government or that on account of the discovery of new and important matter or evidence which has since come to its notice, such order is required to be re-opened, it ma y, at any time within five years of the commencement of this Act, direct any officer subordinate to it to re-open such de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he State of Vindhya Pradesh, [1953] SCR 1188 and' Chief Inspector of Mines v. K.C. Thapar, AIR 1961 SC 838. The High Court he ld that the expression law for the time being in force does not take within its sweep a law 'deemed to be in force' and that, accordingly, the opening words of Sec. 3 relied up on by the Appellants' learned counsel will not have an overriding effect so as to exclude the old law. 13. A saving provision in a repealing statute is not exhaustive of the rights and obligations so saved or the rights that survive the repeal. It is observed by this Court in 1.T. Commissioner, U.P. v. Shall Sadiq Sons, AIR 1987 SC 1217 at 1221: ....... In other words whatever rights are expressly saved by the 'savings' provision stand saved. But, that does not mean that rights which are not saved by the 'savings' provision are extinguished or stand ipso facto terminated by the mere fact that a new statute repealing the old statute is enacted. Rights which have accrued are saved unless they are taken away expressly. This is the principle behind Sec. 6(c), General Clauses Act, 1897 ...... We agree with the High Court that the scheme of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fic rights for the purpose of the operation of Sec. 6 of General Clauses Act said: That a provision to preserve the right accrued under a repealed Act 'was not intended to preserve the abstract rights conferred by the repealed Act ...... It only applied to specific rights given to an individual up on happening of one or the other of the events specified in statute'--See Lord Atkin's observations in Hamilton Gell v.White, [1922] 2 K.B. 422. The mere right, existed at the date of repealing statute, to take advantage of provisions of the statute repealed is not a 'right accrued' within the meaning of the usual saving clause--see Abbot v. Minister for Land s, [1895] A.C. 425 and G. Ogden Industries pry. Ltd. v. Luca s, [1969] 1 All E.R. 121 15. To ascertain whether these were 'accrued' rights and 'incurred' liabilities a reference Section 30E of the repealed law is necessary. Sec. 30-E of 1955 Act provides: 30-E. Maximum land that can be held and restriction on future acquisitions: (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, no person shall, as from a date notified by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be that on and after the appointed day no person in the State should be permitted to hold any land in excess of the ceiling area as determined under the Act and that ceiling area would be that which is determined as on the appointed day... 16. Again in Bhikoba Shankar Dhumal (dead) by LRs. Ors. v. Mohan Lal Punchand Tathed Ors., [1982] 3 SCR 2 at 228, it was observed: A close reading of the aforesaid provisions of the Act shows that the determination of the extent of surplus land of a holder has to be made as on the appointed day. If any person has at any time after the fourth day of August, 1959, but before the appointed day held any land (including any exempted land) in excess of the ceiling area, such person should file a return within the prescribed period from the appointed day furnishing to each of the Collectors within whose jurisdiction any land in his holding is situated, in the form prescribed containing the particulars of all land held by him. If any person acquires, holds or comes into possession of any land including any exempted land in excess of the ceiling area on or after the appointed da y, such person has to furnish a return as stated above withi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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