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Section 4 of The Repealing and Amending (Second) Act, 2017

The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force

Summary

This section is called a savings clause, which is a part of a law that protects existing rights and keeps the legal system stable when old laws are cancelled.
Cancelling a law under this Act does not affect any other active laws that refer to, include, or use the cancelled law.
It protects past actions, meaning it does not change whether past events were legally valid or invalid, and it does not change their legal consequences.
It ensures that existing legal rights, ownership titles, duties, debts, and ongoing court cases remain completely unchanged.
It preserves existing customs, court procedures, personal privileges, legal exemptions, and official government jobs, even if they originally came from a cancelled law.
It prevents old, dead rules or offices from coming back to life, meaning that cancelling a law does not revive anything that is not currently in force.

Practical examples

1In December 2017, a landowner named Rohan had a pending lawsuit in a local court regarding property rights. Even though the old law that his case relied on was repealed by this Act in January 2018, Rohan's ongoing court case and his property rights were protected by Section 4 and could continue normally without being dismissed.

2In 2016, a trader named Dev had paid a fine under a regulation that was later cancelled by the 2017 Act. Under Section 4, the cancellation of that regulation did not change the validity of the fine he paid in the past, and he could not demand a refund based on the repeal of that old regulation.

3Before 2017, a clerk named Asha was officially appointed to a municipal office under an old Act from 1888. When the 1888 Act was cancelled by this Act, Asha did not lose her job because Section 4 saved existing official appointments and allowed her to keep working.

FAQ

1. What does the term savings mean in a law?

Savings refers to a protective rule that prevents a new law from accidentally destroying existing rights, duties, or ongoing legal cases.

2. What happens to ongoing court cases when a law is repealed by this Act?

Ongoing court cases, legal remedies, and existing liabilities are protected and remain completely unaffected.

Test yourself

Q1.What is the main purpose of Section 4?

Q2.What happens to a separate law that refers to or includes a law cancelled by this Act?

Q3.Does the repeal of a law under this Act bring back an old custom, right, or office that was already dead?

Q4.What happens to a legal debt, fine, or liability incurred before this Act was passed?

Q5.Which of the following is protected from being affected by the repeals under Section 4?

Q6.If an indemnity (protection from legal responsibility) was granted under a cancelled law, what happens to it?

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