P2.C1 General Clauses Act, 1897

Question 1

General Clauses Act, 1897 - why was it introduced, what does it contain, why is it important?

Answer 1

~ GC Act was enacted to consolidate and extend GC Act of 1868 and 1887
~ It contains definitions of certain terms and general principles of interpretation
~ The general definitions are applicable to all Central Acts and Regulations in absence of definition of a particular word in any Central Act or Regulation
~ It also comes for a rescue in absence of a clear definition in a specific Act and where there is conflict between pre-constitutional and post-constitutional laws
~ It provides clear suggestion for conflicting provisions and differentiates the legislation according to commencement and enforcement

Example: “A Court shall have the power to appoint an officer” - does not specify whether the court can also remove said officer. In such instance the GC Act is referred, which states that ‘power to appoint’ shall include power to remove or suspend. Hence the lack of information in original text is fully construed.

Question 2

Versions of the General Clauses Act

Answer 2

The GC Act was first introduced on 3rd January 1868.
Then changed on 14 January 1887.
The current GC Act was enforced from 11 March 1897.

For any Central Act introduced before 1868, GC Act shall not be applicable. [ex: Indian Penal Code]

For any Central Act introduced between 1868 and 1897, GC Act of 1897 will be applicable, subject to some exemptions. [ex: Negotiable Instruments Act]

For all Central Acts introduced after 1897, the GC Act shall be applicable

Question 3

What are Central Acts in relation to “GC Act shall apply to Central Acts”

Answer 3

Central Acts are those Acts that are passed at the Union level.

After 26|01|1950 i.e. after the Parliament came into force in India, all Acts are passed by the Parliament [Lok Sabha or Rajya Sabha with signature of President] and are hence “Acts of Parliament”

Before 26|01|1950 the laws could’ve been
- Act of Dominian Legislation
- Act of Indian Legislation
- Act made by Governor General or Governor General in Council [Indian representative]

GC Act shall apply to Central Acts. For State Acts, the states shall enact State General Clauses Act which will be in accordance with the Central Act.

Question 4

Who forms the Central Government?

Answer 4

Before Constitution
1. Governor General in Council
2. Principal Government of a Province [part A&B]
3. Chief Commissioner of a Province [part C]

After Constitution
1. President of India
2. State Governments
3. Chief Commissioner or Leftinent Governor [part C&D]
4. Administrator [Union Territories]

Question 5

India before State Reorganisation

Answer 5

Part A - Governor’s Province of British India
- Governor
- Assam, Bihar, Bombay, Madhya Pradesh, Madras, Orissa, Punjab, Uttar pradesh and West Bengal

Part B - Princely States
- Rajpramukh [Kings affiliated to British]
- Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala, Rajasthan, Saurashtra and Travancore

Part C - Chief Commissioner’s Province
- Chief Commissioner
- Ajmer, Bhopal, Bilaspur, Coorg, Delhi, Himachal Pradesh, Kuchh, Manipur, Tripura and Vindhya Pradesh

Part D
- Leftinent Governor
- Andaman and Nicobar islands

In 1957, State Reorganization Act divided the States into what wee know today

Question 6

Object, Purpose and Importance of General Clauses Act

Answer 6

• To shorten the language of Central Acts;
• To provide, as far as possible, for uniformity of expression in Central Acts, by giving definitions of a series of terms in common use;
• To 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 in every Central Act

Question 7

The Chief Inspector of Mines v. Karam Chand Thapar

Answer 7

It stated that the purpose of this Acr is to place in one single Statute, different provisions as regards interpretation of words and legal principles which would otherwise have to be specified separately in many different Acts and regulations. The purpose f the Act is to avoid superfluity of language in statutes wherever it is possible to do so

Question 8

Preamble

Answer 8

Every Act has a preamble which expresses the scope, object and purpose of the Act. It is the main source for understanding the intention of the lawmaker.

Whenever there is ambiguity in understanding any provision, Preamble is accepted as an aid to construction of Act.

It is part of the enactment and can legitimately be used for construing it. However, it does not override the plain provisions of the Act. But if the Act gives rise to doubts as to its proper construction, Preamble can and ought to be referred.

For example, if same word with different meaning is used in the Act, Preamble can be used to arrive at proper meaning.

Preamble discloses the primary intention of legislature but can only be brought in as an aid to construction if the language of statute is not clear, it cannot override provisions of the enactment.

Question 9

Act

Answer 9

Act is a bill passed by both Houses of Parliament and assented to by the President

Whereas “bill” is a draft of a legislative proposal put in proper form which, when passed by both houses of Parliament and assented to by the President becomes an Act

On getting assent from President, an Act is notified on the Official Gazettes of India

Question 10

Definitions

Answer 10

Every Act contains definitions part for the purpose of that particular Act

Definitions are usually mentioned in Section 2 of the Act, in some cases Section 3 or other initial sections

The objective is to avoid the necessity of frequent repetitions in describing all subject matter to which the word or expression so defined is intended to apply

However, if there may be words which are not defined in the Definitions Section of the Act, the meaning of such words may be taken from the GC GC Act

Question 11

“Means” and/or “includes”

Answer 11

Some definitions use the word “means”, such definitions are exhaustive definitions and exactly define the term
Ex: Section 2(20) of Companies Act - Company means a company incorporated under this Act or any other previous company law

Some definitions use the word “include”, such definitions are inclusive. It is an extensive definition as it extends meaning of the word.
Ex: Section 2(11) of Companies Act - body corporate includes a company incorporated outside India

If a definition uses “means and includes” such definition is _exhaustive”

If a word is defined “to apply and include”, it is extensive

Question 12

“Shall” and “May”

Answer 12

“Shall” is used to raise a presumption of something which is mandatory or imperative

“May” is used to connote something which is not mandatory but is only directory or enabling

However, sometimes “may” and “shall” can be interpreted interchangeably depending on the intention of the legislator

Sainik Motors v. State of Rajasthan

Question 13

Section 1 of GC Act

Answer 13

GC Section 1 - Short title

This Act may be called the General Clauses Act, 1987

Question 14

Section 3 of GC Act

Answer 14

Section 3 - definitions
Section 4 - application of foregoing definitions to previous enactment
Section 4A - Application of certain definitions to Indian Laws
contain general definitions

Section 3 applies to the GC Act itself, and to post 1897 Central Acts and Regulations, unless those laws contain seperate definitions of their own or there is something repugnant in the subject matter

Section 3 seeks to define 67 phrases and terms commonly used in enactments and are intended to serve as dictionary for the phrases

Question 15

Section 5 of GC Act

Answer 15

GC Section 5 - Coming into Operation of Enactment

1. Where any Central Act has not specifically mentioned a particular date to come into force, it shall be implemented on the day on which it receives the assent of
   - Governor General [Central Acts made before commencement of Indian Constitution] or
   - President in case of Act of Parliament
2. Where if any specific date of enforcement is prescribed in the OG, Act shall come into enforcement from such date
3. A.K. Roy v. UOI
4. Altemeis Rein v. UOI
5. State of Uttar Pradesh v. Mahesh Narain
6. Also, law takes no cognizance of fraction of day, where an Act provides that it is to come into force on first day of January, it will come into force as soon as clock strikes 12 on the night of 31st December

Question 16

Presumption against Retrospectivity

Answer 16

All laws which affect substantive vested rights generally perate prospectively

There is a presumption against the retrospectivity till there are express words giving retrospective effect or where the language used necessarily implies that such retrospective operation is intended

Question 17

Section 6 of GC Act

Answer 17

GC Section 6 - Effect of Repeal

Where any Central legislation or any regulation made after the commencement of this Act repeals any Act made/yet to be made, unless another purpose exists, the repeal shall not -

• Revive anything not enforced or prevailed during the period at which repeal is effected
• Affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder
• Affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed
• Affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed
• Affect any inquiry, litigation or remedy with regard to such claim, privilege, debt or responsibility or any inquiry, litigation or remedy may be initiated, continued or insisted
• State of Uttar Pradesh v. Hirendra Pal Singh
• Kohlapur Canesugar Works Ltd v. UOI
• Navrangpura Gam Dharmada Milkat Trust v. Ramtuji Ramaji

Question 18

Section 6A of GC Act

Answer 18

GC Section 6A - Repeal of Act Making Textual Amendment in Act or Regulation

Where any Central Act or Regulation made after the commencement of this Act repeals any enactment by which the text of any Central Act or Regulation was amended, then unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal

Question 19

Section 7 of GC Act

Answer 19

GC Section 7 - Revival of Repealed Enactments

In any Central Act or Regulation made after the commencement of this Act, for the purpose of reviving, any enactment wholly or partially repealed, it shall be necessarily state that purpose

i.e. to revive a repealed statute, it is necessary to state an intention to do so

This section shall apply to all Central Acts made after 03.01.1868 and all Central Acts and Regulations made on or after 14.01.1887

Question 20

Section 8 of GC Act

Answer 20

GC Section 8 - Construction of References to Repealed Enactments

Where this Act or Central Act or Regulation made after the commencement of this Act, repeals or re-enacts, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, be construed as references to the provisions so re-enacted unless a different intention appears

Question 21

Section 9 of GC Act

Answer 21

GC Section 9 - Commencement and Termination of Time

1. In any legislation or regulation, it shall be sufficient
   - for the purpose of excluding the first in a series of days or any other period of time use the word “form” and
   - for the purpose of including the last in a series of days or any other period of time, to use the word “to” shall be sufficient

Question 22

Section 10 of GC Act

Answer 22

GC Section 10 - Computation of Time

Not applicable to Limitation Act

Where by any legislation or regulation, any Act is directed to be done in any court or office on a certain day or within a prescribed period then,

if the court or office is closed on that day or last day of prescribed period, the act ot proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open

K. Soosalrathnam v. Div. Engineer, NHC Turunelveli

Question 23

Section 11 of GC Act

Answer 23

GC Section 11 - Measurement of Distances

In the measurement of any distance, that distance shall be measured in a straight line on a horizontal plane for the purposes of any Central Act or Regulation made after the commencement of this Act

Question 24

Section 12 of GC Act

Answer 24

GC Section 12 - Duty to be Taken Pro Rata in Enactments

Where by any enactment now in force or hereafter to be in force,

any duty of customs or excise or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandise,

then a like duty is leviable according to the same rate on any greater or lesser quantity

Question 25

Section 13 of GC Act

Answer 25

GC Section 13 - Gender and Number

In all legislations and regulations, unless there is anything repugnant in the subject or context-
- words importing masculine gender shall be taken to include females and
- words in singular shall include the plural and vice versa

The word men may be properly held to include women and the pronoun he and its derivatives may be construed to refer to any person, male or female

Case Laws-

• “his father and mother” was construed to include “her father and mother” and a daughter as held liable to maintain her father, who was unable to maintain himself
• “male descendants” was construed to not include females when dealing with matters of succession
• “bullocks” could not be interpreted to include cows;
  where a word connoting a common gender is available, but the word used conveys a specific gender, it is presumed that this Section does not apply

Question 26

Section 14 of GC Act

Answer 26

GC Section 14 - Power Conferred to be Exercisable from Time to Time

Where, by any Central Act or Regulation made after the commencement of this Act, any power is conferred, that power may be exercised from time to time as occasion requires

Relying on this Section, SC held that Chief Justice can exercise the provision of Section 51(3) of the States Reorganization Act, 1956, when the occasion arises for its exercise

Question 27

Section 15 of GC Act

Answer 27

GC Section 15 - Power to Appoint to Include Power to Appoint Ex-Officio

Where by any legislation or regulation, a power to appoint any person to fill any office or execute any function is conferred, any such appointment, may be made either by name or by virtue of office

Ex-officio is Latin word for “by virtue of one’s position or office”

Provision under this section states that where there is a power to appoint, the appointment may be made by appointing ex-officio as well

Question 28

Section 16 of GC Act

Answer 28

GC Section 16 - Power to Appoint to Include Power to Suspend or Dismiss

The authority having for the time being the power to make the appointment shall also have power to suspend or dismiss any person appointed whether by itself or any other authority in exercise of that power

Order 40, Rule 1(a) of CPC, 1908 which authorizes a court to appoint a receiver, has been construed to embrace power of removing a receiver

Article 229(1) of the Constitution which empowers the Chief Justice to make appointment of officers and servants of a High Court has been interpreted to include a power to suspend or dismiss

Question 29

Section 17 of GC Act

Answer 29

GC Section 17 - Substitution of Functionaries

In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient,

for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office,

to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed.

Question 30

Section 18 of GC Act

Answer 30

GC Section 18 - Successors

In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express his relation to the functionaries or corporations

K.G. Krishnayya v. State, AIR 1959

Under Preventive Detention Act, where there is a change in the Advisory Board after service of the detention order, the new Advisory Board can consider the case pending before the earlier board

Question 31

Section 19 of GC Act

Answer 31

Section 19 - Official Chiefs and Subordinates

A law relative to the Chief or Superior of an office

shall apply to teh deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior

Question 32

Section 20 of GC Act

Answer 32

GC Section 20 - Construction of Orders, etc. Issued under Enactments

Where by any legislation or regulation, a power to issue any notification, order, scheme, rule, form, or bye-law is conferred, then expression used in such, shall have the same respective meaning as in the Act or regulation conferring power, unless there is anything repugnant in the subject or context

Subhash Ram Kumar v. State of Maharastra - notification meaning

Notification cannot be substituted by administrative instructions

Question 33

Section 21 of GC Act

Answer 33

GC Section 21 - Power to Issue, to Include, Power to Add, to Amend, Vary or Rescind Notification, Orders, Rules or Bye-Laws

Where by any legislations or regulations a power to issue notification, orders, rules or bye-laws is conferred, then that power, exercisable in the like manner and subject to the like sanction and conditions (if any)

to add, amend, vary or rescind any notifications, orders, rules or bye-laws so issued

Rasid Javed v. State of Uttar Pradesh

Shreesidhbali Steels Ltd v. State of Uttar Pradesh

Question 34

Section 22 of GC Act

Answer 34

GC Section 22 - Making of Rules or Bye-Laws and Issuing of Orders between Passing and Commencement of Enactment

Where by any Central Act or Regulation which is not to come into force immediately, on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to -

• the application of the Act or Regulation or
• with respect to the establishment of any Court or
• the appointment of any judge or officer thereunder, or
• with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the Act or Regulation,

then that power may be exercised at any time after passing of the Act or Regulation

but rules, bye-laws or orders so made or issued shall not rake effect till the commencement of the Act or Regulation