The enactments mentioned in Schedule A are hereby repealed to the extent specified in the fourth column thereof.
COMMENT Sections 3, 27 (1), (3) and 28.- Santhal Paragana Tenancy, (Supplementary Provisions) Act, 1949 became applicable from 1st Nov. 1949.
Section 3 of Act states that enactment mentioned in Schedule ‘A’ are repealed to the extent specified in the forth column thereof. Schedule A of the Act is listed as one of the Acts the Regulation of the 1872 and the extent of the repeal of Regulation was in connection of Sections 27 and 28. One Section 27 of the Regulation stood repealed by the Act, question arises whether the right which had accrued to purchaser under the Regulation in connection with the operation of Section 27 sub-sections (1) and (3) of the Regulation was save or not despite the repeal of the said Section 27. At the relevant provision shows that no expressed provision in the Act which lays down that notwithstanding the order passed or action taken in connection with transaction under the regulation, and notwithstanding any right which might have accrued there under fresh scrutiny of the said transaction could be made under the relevant provision of Act, which corresponded to the earlier repealed Section 27 of the Regulation. When such contrary intension does not appear from the scheme of the Act, the effect of repeal of Section 27 of the Regulation squarely attracts the provision of the Section 8 of the Bihar General Clauses Act, 1917.
[Deonarayan Singh v. Commissioner, Bhagalpur, 1997 (2) BLJR 1352: 1998 (2) PLJR (SC) 3].