Oridinance
sanjaygarg796@gmail.com
(Querist) 15 August 2009
This query is : Resolved
Sir
In the year 1997 a letter was issued to appointment of Appropriate Authority under the PNDT Act but no notification was issued. However on 4.3.2009 notification was issued in which CMO was appointed as Appropriate Authority. Now Haryana Govt takes oridinance vide which powers were given to CMO as appropriate Athority .Whether this oridancnce has restropective effect? Wheter oridinance is legal without setting a side the Notification dated 4.3.2009 in Criminal Maater?
Manish Singh
(Expert) 15 August 2009
Dear Mr. Garg,
the legislature has exclusive powers, with respect to constitutional provisions, to legislate and make laws so even if any notification is issued under any act, that shall be superseded by any subsequent enactment over the same issue being traeted as special enactment, the ordinance has the same forceabilty of law as any other act/law until it is in force. the question of validity does not arise.
also, whether it is retrospective or not please go through the purpose, preamble and prvions of the ordinace.
in general criminal enactments are not held to be retrospective.
Kiran Kumar
(Expert) 17 August 2009
Manish Ji has given a good reply.
u must refer to the preamble and relevant provisions of the ordinance to find out the operation of ordinance, whether it has been retrospective operation or prospective.
othewise nowadays the quality of legislation is poor, but in criminal matters generally the operation is not retrospective in nature.
