Scribd Logo
Upload

Welcome to Scribd!

  • 175 views

    General Clauses Act

    Uploaded by

    Shivam Mishra
    The General Clauses Act makes provisions for the uniform construction and interpretation of central acts. It aims to shorten language, provide consistent definitions, and establish rules for construction. The act codifies rules of statutory interpretation as guidelines rather than strict formulas. It contains provisions for commencement and repeal of enactments, as well as general rules of construction. The act serves as a model for state general clauses acts and has been applied to constitutional interpretation.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    General Clauses Act

    Uploaded by

    Shivam Mishra
    175 views10 pages
    The General Clauses Act makes provisions for the uniform construction and interpretation of central acts. It aims to shorten language, provide consistent definitions, and establish rules for construction. The act codifies rules of statutory interpretation as guidelines rather than strict formulas. It contains provisions for commencement and repeal of enactments, as well as general rules of construction. The act serves as a model for state general clauses acts and has been applied to constitutional interpretation.

    Original Title

    General clauses act.pptx

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The General Clauses Act makes provisions for the uniform construction and interpretation of central acts. It aims to shorten language, provide consistent definitions, and establish rules for construction. The act codifies rules of statutory interpretation as guidelines rather than strict formulas. It contains provisions for commencement and repeal of enactments, as well as general rules of construction. The act serves as a model for state general clauses acts and has been applied to constitutional interpretation.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    175 views10 pages

    General Clauses Act

    Uploaded by

    Shivam Mishra
    The General Clauses Act makes provisions for the uniform construction and interpretation of central acts. It aims to shorten language, provide consistent definitions, and establish rules for construction. The act codifies rules of statutory interpretation as guidelines rather than strict formulas. It contains provisions for commencement and repeal of enactments, as well as general rules of construction. The act serves as a model for state general clauses acts and has been applied to constitutional interpretation.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    You are on page 1of 10

    General Clauses Act

    • This act is not confined to a particular branch of the law, but applies
    to all branches.
    • The General Clauses Act makes provisions as to the construction of
    General Acts and other laws of all India application.
    • The Objects of the Act are several,
    • (1) to shorten the language of central Acts;
    • (2) to provide, as far as possible, for uniformity of, expression in
    central Acts, by giving definitions of a series of terms in common use;
    •(3) to state explicitly certain convenient rules the construction and
    interpretation of Central Acts; and
    • (4) to guard against slips and oversights by importing into every Act
    certain common form clauses, which otherwise ought to be inserted
    expressly in every Central Act.
    • The General Clauses Act, or, for that matter, the Interpretation Act of
    any other country, codifies all the ‘rules’ of statutory interpretation.
    • The so- called rules of interpretation are really in the nature of guide-
    lines, and are not to be treated as mathematical formula.
    • In fact, even the definitions contained in the General Clauses Act
    apply only where the context does not otherwise require.
    STATE ACTS
    • Every state has its own General clauses Act, which applies to State Acts.
    • The lead in this matter was taken by the former presidencies of Bombay,
    Bengal
    • The earliest Act on the subject was Bombay Act 10 of 1866. The first
    General Clauses Act in Madras and Bengal was enacted in 1867.
    • The Central Act of 1897 has stood the test of time. Its value in avoiding
    superfluity of language in statutes has been commended by courts
    • There can be no better testimony of its utility than the fact that courts
    have, on considerations of equity, justice and good conscience, thought fit
    to extend its principles not only to subordinate legislation, but also to
    private documents.
    • The Act has also served as a model for all States General Clauses Acts.
    • The Act has been expressly applied to interpretation of the
    Constitution by Article 367 of the Constitution
    Coming into operation of enactments
    • Sections 5 to 13 – Sections 5 to 13 of the Act contains, general rules
    of Construction, other than definitions.
    • These sections fall under two broad groups. – First, there are sections
    dealing with the commencement and repeal of enactments.–
    Secondly, there are sections which provide for other general rules of
    construction.
    • The Act does not contain any detailed provisions relating to the use in
    interpretation of marginal notes, headings, punctuations and the like.
    REPEAL
    • Section 6 of the Act deals with repeal.
    • Its main object is to reverse the common, law rule that a repeal
    obliterates the, statute for all purposes for the future
    • OTHER PROVISIONS
    • BODY OF PERSONS: Whenever an enactment has to incorporate a
    body of person, it has to expressly – provide, in a separate section, for
    many matters dealing with the effect of incorporation.
    • POWERS AND FUNCTIONARIES: – Provisions as to power and
    functionaries are contained in sections 14- 19 of the Act.
    • Construction of notifications, etc., issued under enactments,
    • Power to issue, to include power to add to, amend, vary or rescind notifications,
    orders, rules, or bye-laws
    • Making of rules or bye-laws and issuing of orders between passing and
    commencement of enactment
    • Provisions applicable to making of rules or bye-laws after previous publication
    • Continuation of orders, etc, issued under enactments repealed and re- enacted,
    • Recovery of fines
    • Provisions as to offences punishable under two or more enactments
    • Meaning of service by post
    • Citation of enactments
    • Saving for previous enactment, rules any bye-laws,
    • Application of Act to Ordinances
    • Application of Act to Acts made by the governor-general
    • Construction of references to Local Government of a Province

    You might also like