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General Clauses Act

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.

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281 views10 pages

General Clauses Act

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.

Uploaded by

Shivam Mishra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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

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