Indian Kanoon - Search engine for Indian Law

(Wood's Estate, ex p, Works and Buildings Commrs., Re Ch D at p. 615; Nagpur Improvement Trust v. Vasantrao21).

37. A subsequent legislation often makes a reference to the earlier legislation so as to make the provisions of the earlier legislation applicable to matters covered by the later legislation. Such a legislation may either be

(i) a referential legislation which merely contains a reference to or the citation of the provisions of the earlier statute; or (ii) a legislation by incorporation whereunder the provisions of the earlier legislation, to which a reference is made, are incorporated into the later legislation by reference. If it is a referential legislation the provisions of the earlier legislation, to which reference is made in the subsequent legislation, would be applicable as it stands on the date of application of such earlier legislation to matters referred to in the subsequent legislation. In other words, any amendment made in the earlier legislation, after the date of enactment of the subsequent legislation, would also be applicable. But if it is a legislation by incorporation, the rule of construction is that any amendment in the statute, which has been so incorporated, that is made after the date of incorporation of such statute, does not affect the subsequent statute in which it is incorporated, and the provisions of the statute which have been incorporated would remain the same as they were at the time of incorporation, and the subsequent amendments are not to be read in the subsequent legislation. As to whether a particular legislation falls in the category of referential legislation or legislation by incorporation depends upon the language used in the statute, in which a reference is made to the earlier legislation, and other relevant circumstances. (U.P. Avas Evam Vikas Parishad v. Jainul Islam22; Mary Roy v. State of Kerala23; Ram Sarup v. Munshi24; Ram Kirpal Bhagat v. State of Bihar25; Bolani Ores Ltd. v. State of Orissa26; Mahindra and Mahindra Ltd. v. Union of India27; State of Uttarakhand v. Mohan Singh28; Nagpur Improvement Trust21).

38. In the case of a mere reference or citation, a modification, repeal or re-enactment of the statute that is referred will also have effect for the statute in which it is referred; but in the case of legislation by incorporation, any change in the incorporated statute by way of amendment or repeal has no repercussion on the incorporating statute. (Mohan Singh28). The distinction between referential legislation, which merely contains a 'reference to, or citation of' a provision of another statute, and a piece of referential legislation which incorporates within itself a provision of another statute is that, in the former case, the provision of the second statute, along with all its amendments and variations from time to time, should be read into the first statute. In the latter case, the borrowed provisions become an integral and independent part of the subsequent Act and are totally unaffected by any repeal or amendment in the previous Act. (State of Kerala v. Attesee (Agro Industrial Trading Corpn.)29; Secretary of State v. Hindustan Cooperative Insurance Society Ltd.30; Collector of Customs v. Nathella Sampathu Chetty31; Ram Sarup24; Ram Kirpal25; New Central Jute Mills Co. Ltd. v. Assistant Collector of Central Excise32; State of Madhya Pradesh v. M.V. Narasimhan33; Bhajya v. Gopikabai34; Mahindra & Mahindra Ltd.27; and Western Coalfields v. Special Area Development Authority35).

43. As is evident from the use of the words "from time to time", in Section 8(1) of the 2005 Act, the State Legislature did not intend that the Doon University should conform only to a specific Regulation made by the UGC such as the 2000 Regulations. It intended that the University should conform to the norms/Regulations made by the UGC from time to time. The Doon University Act is a statute supplemental to the UGC Act. Section 8(1) of the 2005 Act does not merely lift certain Regulations made by the UGC and incorporate it in Section 8(1). On the other hand, by use of the words "from time to time", the legislative intent is for the norms/Regulations made by the UGC, from time to time, to apply to the Doon University. Section 8(1) is a referential legislation, which merely contains a reference to, or the citation of, the Regulations of the UGC, and is not a legislation by incorporation. The UGC Regulations, issued from time to time, would apply to the Doon University and consequently, notwithstanding it not being specifically adopted by the State Government, the respondent-University and the State Government must be held obligated to conform to Regulation 7.3.0(i) and (ii) of the 2010 Regulations also.