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 ... referential legislation the provisions of
the earlier legislation to which reference is made in the
subsequent legislation would be applicable as it stands
sufficient to say that they draw a distinction between referential legislation which merely contains a reference to, or citation of, a provision of another statute ... piece of referential legislation which incorporates within itself a provision of another statute. In the former case, the provisions of the second statute, alongwith
submitted that these
Sections apply to cases of referential legislation i.e. where the repealed
enactment is referred in the other Statute. Section ... applying the existing law, whereas word
'reference' denotes the referential legislation or legislation by reference
naturally arises as to how that could best be done. The proposed legislation can be framed in any one of the following four modes ... course No. (Ii) above is the best . The usual objection to referential legislation - that it often leads to ambiguity - will not apply in this case
section (8), and the argument is on the principle of referential legislation or legislation by incorporation. There is little scope for this argument
into the later. But this must be distinguished from a referential legislation which merely contains a reference or the citation of the provisions ... 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
incorporation of an earlier Act into a later Act
is a legislative device adopted for the sake of
convenience in order to avoid verbatim
reproduction ... into the later. But this must be distinguished from
a referential legislation which merely contains a
reference or the citation of the provisions
incorporation of an earlier Act into a later Act
is a legislative device adopted for the sake of
convenience in order to avoid verbatim
reproduction ... into the later. But this must be distinguished from
a referential legislation which merely contains a
reference or the citation of the provisions
generally observe that it is a well accepted legislative practice to incorporate by reference, if the legislature so chooses, the provisions of some other ... what the Courts really have before them is an instance of referential legislation by means of a legal fiction and not of incorporation proper
tests for
determining whether the provision is an instance of
legislation by incorporation or legislation by reference. One of
the tests is where there ... distinction between the two
legislations. The Court explained that both are referential
legislations, one merely by way of reference and the other by
incorporation. Section
