Sei sulla pagina 1di 30

- CLASSIFICATION OF

STATUTES -
A: Classification with reference to
duration

1.) Temporary Statute

2.) Permanent Statute


B: Classification with reference to
method of application of the
statute

1.) Mandatory, imperative or


obligatory statute.

2.) Directory or permissive statute


C. Classification with reference to
object
1.) Codifying statute
2.) Consolidating Statute
3.) Declaratory Statute
4.) Remedial Statute
5.) Enabling Statute
6.) Disabling Statute
7.) Penal Statute
8.) Taxing Statute
9.) Amending Statute
10.) Repealing Statute
11.) Curative or validating Statute
1.) Codifying Statute
Codifying statute

• A codifying statute is one which codifies


the law, or in other words, which
purports to state exhaustively the whole
of the law upon a specific subject.
2.) Consolidating
Statute
Consolidating Statute

• The purpose of a consolidating


Act is to present the whole body
of statutory law on a subject in a
complete form repealing the
earlier Acts.
3.) DECLARATORY
STATUTE
Declaratory Statute
• A declaratory statute is needed generally
to remove doubts either in the common
law or in the statutory law.

• Generally, a declaratory statute contains


a preamble and also the word declare as
well as the word enacted.
For instance….
• No suit to enforce ‘any right in respect of
any property held benami’ shall lie by or
on behalf of a person claiming to be the
real owner.
Sec. 4 Benami Transactions (Prohibition) Act, 1988
4.) REMEDIAL
STATUTE
• A remedial statute is one whereby a new
favour or remedy is conferred.

• In many remedial Acts the words “for


remedy whereof” have been used
immediately before the language of the
enactment.
Provision
for
redressal
or
compensa
tion for
the
aggrieved

Remedial
Statute

Statute
does not
make the
offender
liable to
any
penalty in
favour of
the State
5.) PENAL STATUTE
Penalties
Penalties
for
for
disobedienc
disobedienc
ee of
of law
law
like
like
imprisonm
imprisonm
ent
ent fine,
fine,
forfeiture
forfeiture
etc.
etc.

Penal Statutes

Directed
Directed
against
against
the
the
offender
offender
in
in relation
relation
to
to the
the
state
state
The Basic Distinction

Remedial Statute

In case of doubt, resolved in


favour of the class of persons for
Liberal Construction
whose benefit the statute has
been enacted
6.) ENABLING
STATUTE
Enabling Statute
• An enabling statute is one which enlarges
the common law where it is narrow.

• Enabling statute grants power to make


rules etc. to carry out the purposes of the
Act and these rules may provide for a
number of enumerated matters.
7.) DISABLING
STATUTE
Disabling Statute

• A statute which restricts or cuts


down a right conferred by the
common law.

• An Act restraining a common


law right is a disabling Act.
8.) TAXING STATUTE
Taxing Statute
• A taxing statute is one which imposes taxes
on income or certain other kinds of
transactions.

• Tax can be levied only when a statute


unequivocally so provides by using express
language to that effect and any doubt is
resolved in favour of the assessee.
9.) REPEALING
STATUTE
Repealing Statute
‘shall
cease to
have
effect’

‘shall be
omitted’

‘is or are
hereby
When repealing
repealed’
a portion of a
statute
10.) AMENDING
STATUTE
Amending Statute
• An amending statute is one which
makes an addition to or operates
to change the original law so as to
effect an improvement therein or
to more effectively carry out the
purposes for which the original
law was passed.
11.) CURATIVE OR
VALIDATING
STATUTE
Curative or Validating Statute
A Primary Expression

• A validation legislation normally


contains the expression:
notwithstanding any judgment,
decree or order of any court

***