being bodily lifted in the ID Act by legislative
incorporation of the BR Act, 1949 and, therefore, when the
expression "Banking Company ... Section 2(bb) of ID Act is a
case of referential legislation and not legislation by
incorporation. Laying emphasis on the Industrial Disputes
(Banking
power of conditional legislation which is different from
the power of delegated legislation. It is submitted that it
is not a recurring power; it exhausts ... change the basic
scheme and structure of the enactment or the legislative
policy ingrained in it. The submission is that the impugned
notification, dated
along with the incorporated
provisions of the earlier Act, an independent legislation
which is not modified or repealed by a modification or
repeal ... into the
later. But this must be distinguished from a referential
legislation which merely contains a reference or the
citation of the provisions
would, I think be carrying the theory of
referential legislation too far to assume that Section 9(2) of the Central
Act, 1956, purported ... long-drawn arguments are
needed to explain if the Act by referential legislation or legislation by
incorporation levies penalty or not, it is better
Once the liability for compliance with the Rules was attracted by referential legislation, the consequence of non- compliance with the rules attracted an independent liability
The Additional Commissioner Of ... vs Vinayaka Cinema, Nellore on 10 August, 1977
Equivalent citations: [1977
cured.
In that setting this Court held that the Parliament
legislated for itself and statutorily adopted for itself the
second proviso to Section ... further contended that if the reenacting technique adopted
for the referential or incorporating legislation was
insufficient in law, he failed. Otherwise, the Act and
Rules
entirely
recast in 1958. it would be carrying the theory of
referential legislation too far to assume that s. 9(2) of
the Central
further contended that Section 126 is an
instance of referential legislation.
The answer to the question depends on the examination of
provisions contained in Chapter
laid down by this Court was obeyed and the resultant
referential legislation must therefore be interpreted to
further and fulfil-not to frustrate or foil ... topic by any drafting means,
including by referential legislation.
The learned Solicitor General, in the course of his
submissions made it clear that
