Section 8 of The Orissa (Alteration of Name) Act, 2011
- (1)For the purpose of giving effect to the alteration of the name of the State of Orissa by section 3, the appropriate Government may, before the expiration of one year from the appointed day, by order, make such adaptations and modifications of any law made before the appointed day, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made.
- (2)Nothing in sub-section (1) shall be deemed to prevent a competent Legislature or other competent authority from repealing or amending any law adapted or modified by the appropriate Government under the said sub-section.
Summary
- This section gives the appropriate Government the authority to adapt and modify older laws so they reflect the new name of the state.
- The purpose is to help implement the change of the state name from Orissa to Odisha under section 3.
- The appropriate Government must make these legal changes within a one-year time limit from the appointed day (the official start date of the Act).
- The changes are made by issuing an order and can include either repealing (cancelling) or amending (changing) any law that was made before the appointed day.
- Once the order is issued, the old laws will take effect with the new adaptations and modifications.
- These adaptations do not prevent a competent legislature (a body with the power to make laws) or other authority from later changing or cancelling those same laws.
Practical examples
FAQ
1. Who has the power to adapt the laws under this section?
The appropriate Government has the power to make these adaptations.
2. What is the time limit for the government to adapt these laws?
The government must make these adaptations before one year has passed from the appointed day.
3. Can these old laws be completely cancelled under this section?
Yes, the government can adapt laws by way of repeal, which means cancelling them, or by amendment, which means changing them.
4. Does an adaptation by the government prevent the legislature from changing that law later?
No, a competent legislature or other competent authority can still repeal or amend any law that was adapted.
Test yourself
Q1.Under Section 8, what is the purpose of adapting and modifying laws?
Q2.Within what time limit must the appropriate Government make these adaptations?
Q3.Which laws are eligible to be adapted or modified under Section 8?
Q4.In what ways can the appropriate Government adapt or modify the laws under Section 8?
Q5.Does an adaptation by the appropriate Government prevent a competent Legislature from later amending that law?