IE rule and CEA regulations. Engineers refer to IE rules 1956, Is it correct?
IE rule and CEA regulations. Still engineers refer to IE rules 1956, Is it correct? what is the legal sanctity?
Referring IER 1956 for Statutory purposes is illegal.
The Electricity Act, 2003 [No.36 of 2003] of Parliament received the assent of the President on the 26th May, 2003, and published. Hence it is legally incorrect to refer IER, 1956 subject to the repugnancy provided for in the repeal provisions.
The promulgation of any Act has a repeal provision to make any rule under the Act as defunct. However, it is subject to safeguard important aspects like pending executive instructions in accordance with the General Clauses Act, 1897. The repeal provision is furnished below for ready reference:
Section 185. (Repeal and saving): --- (1) Save as otherwise provided in this Act, the Indian Electricity Act, 1910, the Electricity (Supply) Act, 1948 and the Electricity Regulatory Commissions Act, 1998 are hereby repealed.
(2) Notwithstanding such repeal, -
(c) the Indian Electricity Rules, 1956 made under section 37 of the Indian Electricity Act, 1910 as it stood before such repeal shall continue to be in force till the regulations under section 53 of this Act are made.
(5) Save as otherwise provided in sub-section (2), the mention of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to the effect of repeals.
Section of the General Clauses Act is also furnished below:
6. Effect of repeal. Where this Act, or any 1 [Central Act] or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed;
In view of the above provisions, unless a different intention appears in the new Regulations and subject to the accrued privilege, obligation etc. in the form of a repugnancy, the IER 1956 should be treated as repealed.
Hence quoting any rule number or any technical point of IER will not be legally valid.