Orders made under an expired Act or Order, such as the Essential Supplies (Temporary Powers) Act, 1946, and the Cotton Textiles (Control of Movement) Order, 1948, do not continue in force in their entirety, but only specific appointments, licenses, permits, or directions issued under those orders remain valid.

N.Imam, J.

1. This is a reference made by the learned Judge recommending that the order of the learned Magistrate dated 15-1-1957, be set aside and the proceeding be quashed and the petitioners be discharged.

2. The case of the prosecution was that the accused in the case had offended the provisions of Sec.3 of the Cotton Textiles (Control of Movement) Order 1948 which had been passed under Sec.3 of the Essential Supplies (Temperary Powers) Act 1946 (Act XXIV of 1946) and that by virtue of the contravention of the said Sec.3 of the Cotton Textiles (Control of Movement) Order, 1948, the accused had committed an offence punishable under Section 7 of the Essential Commodities Act, 1955 (Act X of 1955).

3. The point for consideration is whether the provisions of Sec.3 of the Essential Supplies (Temporary Powers) Act, 1946 as well as Sec.3 of the Cotton Textiles (Control of Movement) Order 1948 have the force of law in view of the provisions of Sec.16 (2) of Act X of 1955 which was repealed by Clause (1) the Essential Commodities Ordinance, 1955 (I of 1955) and any other law in force in any State immediately before the commencement of this Act in so far as such law controls or authorises the control of the production, supply and distribution of, and trade and commerce in, any essential commodity. If, appears from a decision of this court in Rakshya Singh V/s. State of Bihar, AIR 1957 Pat 66 (A), that an ordinance known as the Essential Commodities Ordinance 1955, came into existence on 21-1-1955 and thereafter a new Act came into force, namely, Act 10 of 1955, which was the Essential Commodities Act, 1955, on 1-4-1955. It was held in that case that on 25-6-1955, on which date the occurrence in that case was said to have taken place, the Essential Commodities Ordinance, 1955, was not in existence at all and thus there could be no prosecution under S. 8 of the said Ordinance, though this was a technical defect inasmuch as similar provisions were to be found in Act 10 of 1955. It appears from what I have_ stated above that the Essential Supplies (Temporary Powers) Act, 1946 (Act XXIV of 1946) had expired on 26-1-1955, and, therefore, the Order thereunder, namely, the Order known as the Cotton. Textiles (Control of Movement) Order must also be deemed to have expired. But my attention has been drawn to the saving clause, namely, Sec.16 of the Ordinance known as the Essential Commodities Ordinance, 1955 (Ordinance No. 1 of 1955) which provided as follows:

"16. Savings-- Any order made or deemed to be made under the Essential Supplies (Temporary Powers) Act, 1946 (XXIV of 1946), and in force immediately before the commencement of this Ordinance shall, in so far as such order may be made under this Ordinance, be deemed to be made under this Ordinance and continue inforce, and accordingly any appointment made, licence or permit granted or direction issued under any such order and in force immediately before such commencement shall continue in force unless and until it is superseded by any appointment made, licence or permit granted or direction issued under this Ordinance."

It is thus clear that, though Act XXIV of 1946 may have expired, orders made thereunder or deemed to have been made thereunder continue in force in so far as they are concerned with any appointment made, licence or permit granted or direction issued under any such order & in force immediately before such commencement unless & until they are superseded by any appointment made, licence or permit granted or direction Issued under this Ordinance. Mr. Verma, submitted that once there is this savings clause, it means all orders passed under Act XXIV of 194G will be deemed to he saved and, therefore, he submitted that the order known as the Cotton Textiles (Control of Movement) Order, 1943 must be deemed to be intact in spite of the fact that Act XXIV of 1946 has expired. I do not think that this is a correct interpretation to this section, namely, Sec.16 because the fo