The Calcutta Law Journal 1949

Although the provisions of the General Clauses Act do not apply to a temporary statute like the Defence of India Act and though the language of the saving clause in section roe (4) of the Government of India Act is ellitical and less comprehensive than the language of section 2 of Ordinance XII of 1946 it is wide enough to authorise the continuation of the proceedings for setting aside the con [...] The provisions of the Government of lndia Act can be invoked for cosidering the effect of the expiry of the Control Order which was issued by the Governor of the Province as the ultimate source of authority of the Governor to issue the Control Order is section 102 Government of India Act and the effect of the expiry of the Control Order must be determined by reference to the provisions of secti [...] The validity of the prosecution was challenged on the ground that it took place after the expiry of the parent Act and the Regulation ; but the chalenge was held to be untenable on the ground that the presence of sub-section (3) preserved the right to prosecute after the date of the expiry. [...] v. Emperor (2) the Federal Court of India had to consider the effect of the saving clause in section To2(4) Government of India Act in considering the quetion of the validity of a prosecution for the violation of the Indian Iron and Steel (Control of Production and Distribution) Order 194T after the expiry of the Defence of India Act. [...] The ultimate source of the authority of the Governor to issue the Control Order is section roe Government of India Act and the effect of the expiry of the Control Order must the determined by reference to the provisions of section ro2.