TMI Blog1955 (6) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... used as a building site. Accordingly, on 18-9-1953, he made an application under Section 72, West Bengal Non-Agricultural Tenancy Act, 1949, for the conversion of the land into a tenancy to winch the provisions of the Aqt would apply. That application was dismissed by the Collector on the ground that the land concerned was situated within the limits of Calcutta which was excluded from the operation of the Act. On appeal, the Collector's decision was upheld by the Commissioner of the Presidency Division. Thereafter, the petitioner moved this Court and obtained the present rule. 3. On behalf of the petitioner two points were urged before us. It was contended that his appeal to the Commissioner should not have been dismissed summarily without giving him a hearing and that by such dismissal, the principles of natural justice had been violated. It was contended in the second place that the decision of the authorities below was also wrong on the merits, inasmuch as, in view of the definition of 'Calcutta' as contained in Section 1(9) (a) of the Act, it could not be said that the petitioner's land was situated in the excepted area. 4. I may dispose of the shorter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the irregularity which occurred was such as had caused a failure of justice. In our opinion, the actual order made by the authorities below was correct. 5. The above takes us to the second ground urged on behalf of the petitioner. It arises out of the following facts and provisions of law. 6. The extent of the West Bengal Non-Agricultural Tenancy Act, 1949, is given in Section 1 of the Act. Section 1(2), to quote only the material portion, provides as follows: (2) It extends to the whole of West Bengal, except (a). Calcutta, as defined in Clause (11) of Section 3, Calcutta Municipal Act, 1923 (Bengal Act 3 of 1923). (b) such suburbs of Calcutta as may have been or may hereafter be notified under Section 1, Calcutta Suburban Police Act 1866 (Bengal Act 2 of 1866), and are not included within Calcutta as so defined , I need not quote the rest of the section. It will be seen that the section, in defining the territorial limits of the area within which the Act will operate, excepts 'Calcutta', as denned in the Calcutta Municipal Act of 1923. It is not disputed that 'Calcutta' as so defined, did not include the petitioner's land, nor had the area ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not by reference to Section 5(11), Calcutta Municipal Act ot 1951. According to him, the definition of 'Calcutta', as given in Section 3(11) of the Act of 1923, having been incorporated in the West Bengal Non-Agricultural Tenancy Act by reference thereto In Section 1(2) (a) of the incorporating Act, the subsequent repeal of the Calcutta Municipal Act, 1923, could not affect or enlarge the definition eo incorporated. In his submission whatever might happen to the Calcutta Municipal Act, 1923, as such, after Section 3 (11) of that Act had been incorporated by reference in the West Bengal Non-Agricultural Tenancy Act, the section so incorporated would remain valid and unchanged and would continue - to provide the definition of 'Calcutta' for the purposes of the incorporating Act. The attention of the learned Advocate for the petitioner having been, drawn to Section 10, Bengal General Clauses Act, he contended that the section would not apply to the instant case, because it) was limited to cases where a later Act repealed and re-enacted some provisions of a former enactment and did not cover a case where a later Act repealed and re-enacted the whole of a former A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essary for us to dwell on that rule further because, as I have already pointed out, the present case is one of not mere repeal, but of repeal and re-enactment. 12. The effect of Section 8, Indian General Clauses Act which corresponds to Section 10 of the Bengal Act was considered by S. R. Das Gupta, J. and myself in the case to which I have already referred. The question before us was whether, after the repeal of the Factories Act of 1934 and its re-enactment as the Factories Act of 1948, the reference in the Workmen's Compensation Act to manufacturing process as defined in Clause (g) of Section 2, Factories Act, 1934 would have to be read as a reference to 'manufacturing process', as defined in the Act of 1948. We held on the basis of Section 8, Indian General Clauses Act that, after the enactment of the Factories Act of 1948, the definition of manufacturing process , as given in the Workmen's Compensation Act by reference to the definition in the Factories Act of 1934, would have to be read as a definition by reference to that given in the Factories Act of 1948. The learned Advocate for the petitioner contended that we had applied Section 8, General Cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g additions to the Land Acquisition Act which had been incorporated by the reference in the Calcutta Improvement Act and it is certainly true that their observations must be understood as primarily limited to the two statutes they were considering. But the reason given by them for holding that subsequent additions made to the incorporated Act could not be imported in the incorporating Act in the absence of any indication that they, were intended to be so imported proceeds on general principles and seems to be founded on good reason. They pointed cut that the section, newly added to the Land Acquisition Act, was no part of that Act when the Calcutta Improvement Act had been passed and they observed that there was nothing to suggest that, the Bengal Legislature, in adopting the provisions of the Land Acquisition Act for the purposes of the Calcutta Improvement Act, intended to bind themselves to any future additions which might be made to the adopted Act. New previsions, their Lordships observed^ might be added to the Land Acquisition Act which would be wholly unsuitable to the local Act. It was, therefore, held that the local Act was to be regarded as doing nothing more than i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... still continued to refer to the Factory and Workshop Act of 1895, should be read as the definition contained in the re-enacted Act of 1901. The decision was that it was to be so read. Collins M. R. with whom Stirling L. J. agreed, held that the word modifications in Section 38 (1) of the Interpretation Act included additions and that, consequently, in the definition of a factory in the Workmen's Compensation Act, 1897, the reference to the Factory and Workshop Act, 1895, was to be construed as if it were a reference to Section 104 of the Factory and the Workshop Act of 1901 so as to include in the definition the additions made by the re-enacted Act. It will be noticed that the definition imported from the older Act and incorporated in the incorporating Act was subsequently expanded when the incorporated Act was repealed and re-enacted. The same is precisely the case before us. The definition of 'Calcutta', as given in the Calcutta Municipal Act of 1923, has been expanded in the definition given in the re-enacted Act of 1951. 18. Section 8, Indian General Clauses Act was construed by the Supreme Court of India in the case of -- 'National. Sewing Thread ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eans of notifications and the intention of the incorpprating Act obviously was to recognise the possibility of additions to the defined area which was inherent in the definition itself and the Act which contained the definition. I cannot see that the clause lends any countenance to the view that the Legislature intended to recognise future additions made by means of notifications under the old Act, but did not intend to recognise future additions by means of an enlargement of the definition itself. The broad intention of the section is obvious. It is to exclude from the operation: of the Act the urban area within the municipal limits of Calcutta and also, if I may_now refer to Clause (c) of the said section, Howrah, as they might stand from time to time. I do not find myself able to accede to the contention of the learned Advocate for the petitioner that an intention to exclude any future additions to the Calcutta area by means of changes in the definition or by repeal and re-enactment of the Act is disclosed by Clause (b) of Section 1(2). 20. On principle, therefore, on the provisions of the Bengal General Clauses Act and so far as authority exists, on authority, it must be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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