You are on page 1of 17

GENERAL CLAUSES ACT,

1897
 The General Clauses Act is applies to all branches
of law.
 It contain provisions as to the construction of
General Clauses Acts and other laws applied in
India.
 The definition contained in the Act apply only
where the context does not otherwise required.
OBJECT
 Shorten the language of the central acts.
 To provide uniformity of expression in central acts
by definitions of series of terms in common use.
 State explicitly certain convenient rules for the
construction and interpretation of central acts.
 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.
 Initially every State has its own General Causes Act
which applies to the State Acts.
 The first General Clauses Act was enacted in 1867
in Madras and Bombay.
 The Central Act of 1897 has stood the test of time.
 It value in avoiding superfluity of language in
statues has been commended by the 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 fir to extend its
principles not only to subordinate legislation, but
also to private documents.
 It has served as model for all State General Clauses
Acts.
 It has expressly applied to the interpretation of
Constitution by Article 367 of the Constitution.
Scheme of the Act
 SECTIONS 1. Short title.
 Section 2. [Repealed.].

GENERAL DEFINITIONS
 Section 3. Definitions.

 Section 4. Application of foregoing definitions to

previous enactments.
 Section 4A. Application of certain definitions to

Indian Laws.
GENERAL RULES OF
CONSTRUCTION
 Section 5. Coming into operation of enactments.
5A. [Repealed.].
 Section 6. Effect of repeal.
 Section 6A. Repeal of Act making textual
amendment in Act or Regulation.
 Section 7. Revival of repealed enactments.
 Section 8. Construction of references to repealed
enactments.
 Section 9. Commencement and termination of time.
10. Computation of time.
 Section 11. Measurement of distances.
 Section 12. Duty to be taken pro rata in enactments.
 Section 13. Gender and number.
 Section 13A. [Repealed.].
POWERS AND FUNCTIONARIES
 Section 14. Powers conferred to be exercisable from
time to time.
 Section 15. Power to appoint to include power to
appoint ex officio.
 Section 16. Power to appoint to include power to
suspend or dismiss.
 Section 17. Substitution of functionaries.
 Section 18. Successors.
 Section 19. Official chiefs and subordinates.
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER
ENACTMENTS

 Section 20. Construction of orders, etc., issued under


enactments.
 Section 21. Power to issue, to include power to add to,
amend, vary or rescind notifications, orders, rules or
bye-laws.
 Section 22. Making of rules or bye-laws and issuing of
orders between passing and commencement of
enactment
 Section 23. Provisions applicable to making of rules or
bye-laws after previous publication.
 Section 24. Continuation of orders, etc., issued under
enactments repealed and re-enacted.
MISCELLANEOUS
 Section 25. Recovery of fines.
 Section 26. Provision as to offences punishable
under two or more enactments.
 Section 27. Meaning of service by post.
 Section 28. Citation of enactments.
 Section 29. Saving for previous enactments, rules
and bye-laws.
 Section 30. [Repealed.].
 Section 5 to 13 deals with GENERAL RULES OF
CONSTRUCTION.
 These sections divided into two sections:
i. Commencement a d repeal of enactments. (it is
more important in terms of quality and deals with
life of enactment)
ii. Provides rules of construction. (it deals with certain
matters such as time, distance ,rate of duty, gender
and number and the like.
 It does not contained any detailed provisions
relating to use in interpretation of marginal notes,
headings, punctuations and the like.
 Section 6 of the Act deals with repeal.
 It main object is to reverse the common law of rule
that a repeal obliterates the statues for all purpose
for the future.
 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.
Power and Functionaries (section 14-19)
 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 reenactment.
 Recovery of fines.
 Provisions as to offence punishable under two or
more enactments .
 Meaning of service by post.
 Citation of enactments.
 Saving of previous enactment, rules and bye-laws.
 Application of Act to Ordinances.
 Application of Act to Acts made by the Governor
General.
 Construction of Reference to local Government of
province.

You might also like