Central

Section 17 of The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980

(1)The Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Ordinance, 1979 (10 of 1979), is hereby repealed.
(2)Notwithstanding such repeal anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

Summary

Section 17 cancels the temporary Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Ordinance of 1979.
It saves all past actions taken under the old Ordinance by treating them as if they were done under this new 1980 Act.
This section ensures that active detentions and ongoing cases do not become invalid when the new law takes effect.

Practical examples

1On November 5, 1979, under the temporary Ordinance, a district magistrate detained a trader named Vijay for hoarding wheat. When the new Act was passed in February 1980, Vijay tried to argue his detention was void, but Section 17 meant his detention remained valid as if it had been ordered under the new Act.

2A state government set up a temporary inquiry under the 1979 Ordinance to investigate a blackmarketing ring. When the 1980 Act replaced the Ordinance, Section 17 allowed the inquiry to continue seamlessly without starting over, since the previous actions were deemed to be taken under the new Act.

FAQ

1. What did Section 17 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act 1980 repeal?

Section 17 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 repealed the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Ordinance, 1979.

2. What happens to detentions made under the 1979 Ordinance after Section 17 of the Prevention of Blackmarketing Act was enacted?

Under Section 17 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, detentions made under the 1979 Ordinance remain fully valid because they are deemed to have been made under the corresponding provisions of the 1980 Act.

3. Why is Section 17 of the Prevention of Blackmarketing Act called a repeal and saving clause?

It is called a repeal and saving clause because Section 17 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 repeals the temporary 1979 Ordinance while simultaneously saving all actions taken under it by treating them as valid under the new Act.

4. Does Section 17 of the Prevention of Blackmarketing Act require the government to restart all legal actions that began under the 1979 Ordinance?

No, Section 17 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 explicitly states that any action taken under the repealed Ordinance is deemed to have been done or taken under the corresponding provisions of the 1980 Act, so there is no need to restart them.

Test yourself

Q1.Which specific law was repealed by Section 17 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980?

Q2.Under Section 17 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what is the legal status of an action taken under the repealed 1979 Ordinance?

Q3.If a person was detained under the 1979 Ordinance, how does Section 17 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 affect the validity of their detention?

Q4.How do the legal protections of Section 16 apply to actions preserved by Section 17 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980?

16PreviousSection 16 Protection of action taken in good faith.

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