CS LLM Arjun Chhabra

(Law Maven)

Chapter 1: The General Clauses Act, 1897

OBJECT, PURPOSE, AND IMPORTANCE OF THE GENERAL CLAUSES
ACT
1. The General Clauses Act, 1897 contains

➢ Definitions of some words; and

➢ General principles of interpretation.

2. This is an Act intends to provide

➢ general definitions

➢ which shall be applicable to all Central Acts and regulations where there is no
definition in those Acts or regulations;

➢ The General Clauses Act has been enacted to shorten language used in
parliamentary legislation and

➢ to avoid the repetition of the same words in the different pieces of legislation;

3. This Act has been famously known by the name "Law of all Laws" by various jurists.

Examples highlighting the importance of General Clauses Act, 1897:

1. The word Company used in the Companies Act, is defined in section 2 (20) of the
respective Act.

2. Word "Security” used in the companies Act, not defined in the respective Act. It
has been defined under section 2(h) of the Securities Contracts (Regulations) Act,
1956.

3. The word Affidavit used in section 7 during the incorporation of company' in the
Companies Act, 2013, shall derive its meaning from the word Affidavit as defined
in the General Clauses Act, 1897.

4. The word year used in section 96 of Companies Act, 2013 shall derive its meaning
from the word year as defined in Section 3(66) the General Clauses Act, 1897. i.e
a period of 365 or 366 days, starting on January 1st and ending on December 31st .

5. The word good faith as used in Indian Contract Act 1872, Sale of Goods Act, 1930
etc shall derive its meaning from the word year as defined in Section 3(22) the
General Clauses Act, 1897.

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DEFINITIONS (SECTION 3)
In this Act, and in all Central Acts and Regulations made after the commencement of
this Act, unless there is anything repugnant in the subject or context, -
3(2) Act ‘Act’, used with reference to an offence or a civil wrong, shall
include a series of acts, and words which refer to acts done
extend also to illegal omissions.
3(3) Affidavit ‘Affidavit’ shall include affirmation and declaration in the case of
persons by law allowed to affirm or declare instead of swearing.
3(7) Central ‘Central Act’ shall means an Act of Parliament, and shall include -
Act (a) An Act of the Dominion Legislature or of the Indian Legislature
passed before the commencement of the Constitution,
(b) an Act made before such commencement by the Governor
General in Council or the Governor General, acting in a legislature
capacity.
3(8) Central ‘Central Government’ shall, -
Governme (a) in relation to anything before the commencement of the
nt Constitution, mean the Governor General or the Governor General
in Council, as the case may be, and shall include, -
(i) in relation to functions entrusted under sub-section (1) of
Section 124 of the Government of India Act, 1935, to the
Government of a Province, the Provincial Government acting within
the scope of the authority given to it under that subsection, and
(ii) in relation to the administration of a Chief Commissioner’s
Province, the Chief Commissioner acting within the scope of the
authority given to him under subsection (3) of section 94 of the
said Act, and
(b) in relation to anything done or to be done after the
commencement of the Constitution, mean the President, and shall
include -
(i) in relation to functions entrusted under clause (1) of article
258 of the Constitution, to the Government of a State, the State
Government acting within the scope of the authority given to it
under that clause,
(ii) in relation to the administration of a Part C State before the
commencement of the Constitution (Seventh Amendment) Act,
1956, the Chief Commissioner or the Lieutenant-Governor or the
Government of a neighbouring State or other authority acting
within the scope of the authority given to him or it under article
239 or article 243 of the Constitution, as the case may be, and
(iii) in relation to the administration of a Union territory, the
administrator thereof acting within the scope of the authority
given to him under article 239 of the Constitution.
3(13) Commence ‘Commencement’ used with reference to an Act or Regulation, shall

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ment mean the day on which the Act or Regulation comes into force.
3(18) Document ‘Document’ shall include any matter written, expressed or
described upon any substance by means of letters, figures or
marks, or by more than one of those means which is intended to
be used, or which may be used, for the purpose or recording that
matter.
3(19) Enactmen ‘Enactment’ shall include a Regulation (as hereinafter defined) and
t any Regulation of the Bengal, Madras or Bombay Code, and shall
also include any provision contained in any Act or in any such
Regulation as aforesaid.
3(21) Financial ‘Financial year’ shall mean the year commencing on the first day of
year April.
3(22) Good A thing shall be deemed to be done in ‘good faith’ where it is in
faith fact done honestly, whether it is done negligently or not.
Example Suppose there is a government official named John who is
responsible for issuing licenses for construction projects in his
jurisdiction. One day, John receives an application for a
construction license from a reputable construction company.

However, due to a heavy workload and a time constraint, John

hastily approves the license application without thoroughly
reviewing the construction plans. Subsequently, it is discovered
that the construction plans did not meet the required safety
standards, leading to a structural failure during the construction
process, resulting in property damage.

In this scenario:
• John's action of approving the license without properly
reviewing the construction plans may be considered
negligent because he failed to exercise due diligence in
carrying out his duties.
• However, if John genuinely believed that the construction
plans met the required standards and approved the license
with an honest intention to fulfill his duties, his action may
still be deemed to be done in good faith according to
Section 3(22) of The General Clauses Act, 1897.
• Despite the negligence in not thoroughly reviewing the
plans, John's honest belief that he was acting in
accordance with the law and his responsibilities could be
considered sufficient to demonstrate good faith.

So, even though John's action might have been negligent, if it was
carried out honestly and in good faith, he may be protected from
certain legal consequences that could arise from his negligence, as

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per the provision of Section 3(22) of The General Clauses Act,
1897.

3(23) Governme ‘Government’ or ‘the Government’ shall include both the Central
nt or the Government and any State Government.
Governme
nt
3(24) Governme ‘Government securities’ shall mean securities of the Central
nt Government or of any State Government, but in any Act or
securities Regulation made before the commencement of the Constitution
shall not include securities of the Government of any Part B State.
3(26) Immovabl ‘Immovable property’ shall include land, benefits to arise out of
e land, and things attached to the earth, or permanently fastened
property to anything attached to the earth.
Example Suppose you own a piece of land in a rural area. Here's how the
elements mentioned in Section 3(26) apply:
1. Land: The primary component of immovable property is the
land itself. In this case, the actual parcel of land you own
is considered immovable property.
2. Benefits to Arise out of Land: This refers to any
advantages or rights associated with the land. For example,
if your land has a natural water source, such as a river or a
spring, the right to use the water for irrigation or other
purposes would be considered a benefit arising out of the
land.
3. Things Attached to the Earth: This includes objects that
are physically connected to the land in a way that they
cannot be easily removed without causing damage. For
instance, if you have constructed a building on your land,
the building itself, along with its foundation, walls, and
roof, would be considered immovable property because
they are permanently attached to the earth.
4. Permanently Fastened to Anything Attached to the
Earth: This extends the definition to objects that are
affixed to structures that are themselves attached to the
earth. For example, if you have installed solar panels on the
roof of your building, the solar panels would be considered
immovable property because they are permanently
fastened to a structure (the building) that is attached to
the earth.
In summary, immovable property, as defined in Section 3(26) of
The General Clauses Act, 1897, encompasses not only the land
itself but also benefits arising from the land and objects that are
permanently attached to the earth or to structures attached to

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the earth. This definition helps in understanding the legal status
and scope of various elements associated with land ownership and
use.

3(27) Imprison ‘Imprisonment’ shall mean imprisonment of either description as

ment defined in the Indian Penal Code.
3(29) Indian law ‘Indian law’ shall mean any Act, Ordinance, Regulation, rule, order,
bye-law or other instrument which before the commencement of
the Constitution had the force of law in any Province of India or
part thereof, or thereafter has the force of law in any Part A
State or Part C State or Part thereof, but does not include any
Act of Parliament of the United Kingdom or any Order in Council,
rule or other instrument made under such Act.
3(35) Month ‘Month’ shall mean a month reckoned according to the British
calendar.
3(36) Movable ‘Movable property’ shall mean property of every description,
property except immovable property.
3(37) Oath ‘Oath’ shall include affirmation and declaration in the case of
persons by law allowed to affirm or declare instead of swearing.
Example Suppose there is a legal proceeding in a court of law where
witnesses are required to give testimony under oath. Among the
witnesses, there is a person who, due to their religious beliefs,
prefers not to swear on a religious text but still wishes to affirm
or declare their testimony truthfully.
In this scenario:
• Section 3(37) of The General Clauses Act, 1897 would
apply, acknowledging that an oath in this context can
include both swearing on a religious text and alternative
methods such as affirmation or declaration.
• The individual who wishes to affirm or declare rather than
swear can do so under the provisions of this section.
• The court would recognize and accept the affirmation or
declaration made by the individual as equivalent to taking
an oath, provided that the individual is legally allowed to
affirm or declare instead of swearing, as determined by
applicable laws and regulations.
For example, in many legal systems, individuals may be allowed to
affirm or declare rather than swear if they have religious or
conscientious objections to swearing on religious texts. In such
cases, the individual would make a solemn affirmation or
declaration, stating their commitment to truthfulness without
invoking religious language or imagery.
3(38) Offence ‘Offence’ shall mean any act or omission made punishable by any
law for the time being in force.

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3(39) Official ‘Official Gazette’ or ‘Gazette’ shall mean the Gazette of India or
Gazette the official Gazette of a State.
or
Gazette
3(42) Person ‘Person’ shall include any company or association or body of
individuals, whether incorporated or not.
3(49) Registere ‘Registered’ used with reference to a document, shall mean
d registered in India under the law for the time being in force for
the registration of documents.
3(50) Regulation ‘Regulation’ shall mean a Regulation made by the President under
Article 240 of the Constitution and shall include a Regulation made
by the President under Article 243 thereof and a Regulation made
by the Central Government under the Government of India Act,
1870, or the Government of India Act, 1915, or the Government
of India Act, 1935.
3(51) Rule ‘Rule’ shall mean a rule made in exercise of a power conferred by
any enactment, and shall include a Regulation made as a rule under
any enactment.
3(52) Schedule ‘Schedule’ shall mean a schedule to the Act or Regulation in which
the word occurs.
3(54) Section ‘Section’ shall mean a section of the Act or Regulation in which the
word occurs.
3(61) Sub- ‘Sub-section’ shall mean a sub-section of the section in which the
section word occurs.
3(62) Swear ‘Swear’ with its grammatical variations and cognate expressions,
shall include affirming and declaring in the case of persons by law
allowed to affirm or declare instead of swearing.
3(65) Writing Expressions referring to ‘writing’ shall be construed as including
references to printing, lithography, photography and other modes
of representing or reproducing words in a visible form.
3(66) Year ‘Year’ shall mean a year reckoned according to the British
calendar.

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COMING INTO OPERATION OF ENACTMENTS

(SECTION 5)
Where any Central Act does not expressly specify any particular day as to the day of
coming into operation of such Central Act, then it shall come into operation on the day
on which it receives the assent -

(a) in the case of a Central Act made before the commencement of the Constitution,
of the Governor-General; and

(b) in the case of an Act of Parliament, of the President.

Example: The Companies Act, 2013 received assent of President of India on 29th
August, 2013 and was notified in Official Gazette on 30th August, 2013 with the
enforcement of section 1 of the Act. Accordingly, the Companies Act, 2013 came into
enforcement on the date of its publication in the Official Gazette.

Example: Suppose Parliament passes a Central Act named "The XYZ Act" on March 21,
2024, and this act does not specify any particular date for its commencement.

"The XYZ Act" is passed after the Constitution came into effect, then it will come
into operation on the day it receives the assent of the President.

So, let's say "The XYZ Act" is passed on March 21, 2024. Since this is after the
commencement of the Constitution, the act will come into operation on the day it
receives the assent of the President, which might be a few days after its passage
through Parliament, depending on the administrative processes involved.

EFFECT OF REPEAL (SECTION 6)

Where this Act or any Central Act or Regulation made after the commencement of
this Act, repeals any enactment hitherto made or hereafter to be made, then, unless
a different intention appears, the repeal shall not -
(a) revive anything not in force or existing at the time at which the repeal takes
effect; or
(b) affect the previous operation of any enactment so repealed or anything duly done
or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred
under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against any enactment so repealed; or

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(e) 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.

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REPEAL OF ACT MAKING TEXTUAL

AMENDMENT IN ACT OR REGULATION
(SECTION 6A)
Where any

➢ Central Act (Revival Act, 2025)

➢ or

➢ Regulation

➢ made after the commencement of this Act (1897)

➢ repeals any enactment (IBC, 2016)

➢ by which the text of any Central Act (Companies Act, 2013) or Regulation was
amended

➢ by the express omission, insertion or substitution of any matter,

➢ 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.

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REVIVAL OF REPEALED ENACTMENTS (Sec. 7)

Express In any Central Act or Regulations made after the commencement of
provision this Act, it shall be necessary, for the purpose of reviving, either
required for wholly or partially, any enactment wholly or partially repealed,
revival expressly to state that purpose.
Effective date This section applies also to all Central Acts made after the 3rd day
of January, 1868 and to all Regulations made on or after the 14th
day of January, 1887.
Example Suppose there is a Central Act called "The ABC Act," which was
passed in 1990 and contained certain provisions regarding taxation.
Later, in 2000, another Central Act called "The XYZ Act" was
passed, which repealed certain sections of "The ABC Act" related
to taxation.

Now, let's say there's a need to revive the repealed taxation

provisions of "The ABC Act." According to Section 7 of The General
Clauses Act, 1897, any new legislation aiming to revive these
repealed provisions must expressly state that purpose.

So, if the government wishes to bring back the repealed taxation

provisions of "The ABC Act," they would need to pass a new Central
Act or Regulation after the commencement of the General Clauses
Act, 1897. This new law would need to contain a clear statement
indicating that its purpose is to revive the repealed taxation
provisions of "The ABC Act."

For example, the new law could be titled "The Revival of Taxation
Provisions Act, 2025," and it would explicitly state in its provisions

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that its purpose is to revive the repealed taxation provisions of "The
ABC Act." This way, it complies with the requirement set forth in
Section 7 of The General Clauses Act, 1897.

CONSTRUCTION OF REFERENCES TO
REPEALED ENACTMENTS (SECTION 8)
Situation Where
where a
➢ this Act, (The General Clauses Act, 1897)
provision
is ➢ or
repealed
➢ any Central Act or Regulation (The Companies Act, 2013)
and is
re- ➢ made after the commencement of this Act,
enacted
➢ repeals and re-enacts,
by any
other ➢ with or without modification, any provision of a former enactment
Act (The Companies Act, 1956),

➢ then references in any other Enactment (The Payment Of Bonus

Act, 1965) or in any instrument to the provision so repealed shall,

➢ unless a different intention appears, be construed as references to

the provision so re-enacted (The Companies Act, 2013).
Example

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COMMENCEMENT AND TERMINATION OF

TIME (SECTION 9)
In any Central Act or Regulation made after the commencement of this Act, it shall
be sufficient, for the purpose of excluding the first in a series of days or any other
period of time, to use the word ‘from’, and for the purpose of including the last in a
series of days or any other period of time, to use the word ‘to’.
Example: A company declares dividend for its shareholder in its Annual General
Meeting held on 30/09/2022. Under the provisions of the Companies Act, 2013,
company is required to pay declared dividend within 30 days from the date of
declaration i.e. from 01/10/2022 to 30/10/2022. In this series of 30 days,
30/09/2022 will be excluded and last 30th day i.e. 30/10/2022 will be included.

COMPUTATION OF TIME (SECTION 10)

Where,

➢ by any Central Act or regulation made after the commencement of this Act,

➢ any act or proceeding is directed or allowed to be done or taken 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 the last day of the prescribed
period,

➢ the act or 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.
Suppose there is a Central Act that requires filing a legal document, let's say an appeal,
within 30 days of a particular court judgment. The judgment is delivered on January
15, 2024. According to the Central Act, the appeal must be filed within 30 days, i.e.,
by February 14, 2024.

Now, if February 14, 2024, falls on a Saturday, and the court where the appeal is to
be filed is closed on Saturdays, then according to Section 10 of The General Clauses

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Act, 1897, the appeal can be filed on the next working day when the court is open,
which would be February 16, 2024. This filing would be considered as done in due time,
despite falling after the originally prescribed deadline of February 14, 2024.

However, it's important to note that if this situation falls under the purview of the
Indian Limitation Act, 1877 (for example, if the appeal is subject to a specific
limitation period mentioned in that Act), the rules of Section 10 of The General Clauses
Act, 1897, would not apply, and the provisions of the Indian Limitation Act, 1877, would
govern the computation of time.

MEASUREMENT OF DISTANCE SECTION 11

In the measurement of any distance, for the purpose of any Central Act or Regulation
made after the commencement of this Act, that distance shall, unless a different
intention appears, be measured in a straight line on a horizontal plane.

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DUTY TO BE TAKEN PRO RATA IN

ENACTMENT (SECTION 12)
Where, be 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 (proportionate) is leviable according to the same rate on any
greater or less quantity.

GENDER AND NUMBER (SECTION 13)

Interpretation In all Central Acts and Regulations, any words which denote the
of masculine masculine gender shall also be taken to include females. .
gender
Interpretation In all Central Acts and Regulations, words in the singular shall include
of singular the plural, and vice versa.
words
Non- Sec. 13 shall not apply if there is anything repugnant in the subject
applicability of or context.
Sec. 13

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Example

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POWERS CONFERRED TO BE EXERCISABLE

FROM TIME TO TIME (SECTION 14)
Powers may Where, by any Central Act or Regulation made after the commencement
be of this Act, any power is conferred then unless a different intention
exercised appears that power may be exercised from time to time as occasion
from time requires.
to time

POWER TO APPOINT TO INCLUDE POWER TO

APPOINT EX OFFICIO (SECTION 15)
Where, by any Central Act or Regulation, a power to appoint any person to fill any
office or execute any function is conferred, then, unless it is otherwise expressly
provided, any such appointment, if it is made after the commencement of this Act,
may be made either by name or by virtue of office.
Suppose there is a Central Act called "The Education Act" which establishes a national
education board responsible for appointing regional directors to oversee educational
institutions in different states.

If "The Education Act" is silent on the manner of appointment of these regional

directors, Section 15 of The General Clauses Act, 1897 would apply.

Under Section 15, the national education board can appoint regional directors either:

1. By Name: The board explicitly selects and appoints individuals to fill the
position of regional directors. For instance, they may appoint Mr. A, Mr. B, and
Ms. C as regional directors for different states.
2. By Virtue of Office: Alternatively, the law might specify that certain officials
automatically assume the role of regional directors by virtue of holding a
particular office or position. For example, if the law states that the education
ministers of each state automatically serve as regional directors in their
respective states, then those ministers would execute the functions of regional
directors by virtue of their office.

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POWER TO APPOINT TO INCLUDE POWER TO

SUSPEND OR DISMISS (SECTION 16)
Power to Where, by any Central Act or Regulation, a power to make any
appoint to appointment is conferred, then, the authority having the power to make
be given the appointment shall also have the power to suspend or dismiss any
wider person appointed whether by itself or any other authority in exercise
meaning of that power.
Non- Sec. 16 shall not apply if a different intention appears by referring to
applicability the provision contained in any Central Act or Regulation.
of Sec. 16

SUBSTITUTION OF FUNCTIONARIES
(SECTION 17)
Sufficient In any Central Act or Regulation made after the commencement of this
to mention Act, it shall be sufficient, for the purpose of indicating the application
title of the of a law to every person or number of persons for the time being
officer 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.
Example Suppose there is a Central Act called "The Tax Collection Act" which
specifies certain procedures for tax collection to be followed by tax
collectors. However, the Act is drafted in a way that it needs to specify
the individuals responsible for implementing these procedures without
mentioning specific names.

Under Section 17 of The General Clauses Act, 1897, the Act can simply
mention:

"The Tax Collection Act shall apply to the Tax Commissioner or any
other officer for the time being executing the functions of the Tax
Commissioner."

In this example:
• The term "Tax Commissioner" refers to the official title of the
officer responsible for overseeing tax collection.
• By stating "or any other officer for the time being executing
the functions of the Tax Commissioner," the Act covers
situations where someone other than the designated Tax
Commissioner is temporarily executing those functions.

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SUCCESSORS (SECTION 18)

Effect of In any Central Act or Regulation made after the commencement of this
succession in Act, it shall be sufficient, for the purpose of indicating the relation of
case of a law to the successors of any functionaries or of corporations having
functionaries perpetual succession, to express its relation to the functionaries or
or corporations.
corporations
Example Suppose there is a Central Act called "The Banking Regulation Act"
that regulates the operations of banks in the country. The Act
specifies certain reporting requirements that must be fulfilled by the
Chief Executive Officer (CEO) of every bank.

Now, if a new Central Act is being drafted after the commencement

of The General Clauses Act, 1897, and it needs to ensure that the
reporting requirements mentioned in "The Banking Regulation Act"
apply not only to the current CEOs of banks but also to their
successors, Section 17 comes into play.

Under Section 17, the new Act can simply state:

"The reporting requirements specified in The Banking Regulation Act
shall apply to the Chief Executive Officer or any successor thereto of
every bank."

In this example:
• The term "Chief Executive Officer" refers to the functionary
(individual holding a specific position) to whom the reporting
requirements apply.
• By stating "or any successor thereto," the Act ensures that the
reporting requirements extend to the successors of the Chief
Executive Officer, i.e., individuals who assume the role of CEO
in the future.

OFFICIAL CHIEFS AND SUBORDINATES

(SECTION 19)
Applicability In any Central Act or Regulation made after the commencement of
of law to this Act, it shall be sufficient, for the purpose of expressing that a
subordinates law relative to the chief or superior of an officer shall apply to the
deputies or subordinates lawfully performing the duties of that office
in the place of their superior, to prescribe the duty of the superior.
Effective Suppose there is a Central Act called "The Police Act" that specifies
date certain procedures for conducting investigations, and these
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procedures are applicable to the Superintendent of Police (SP) in
charge of a district.

Now, if a new Central Act is being drafted after the commencement

of The General Clauses Act, 1897, and it needs to ensure that the
investigation procedures mentioned in "The Police Act" apply not only
to the Superintendent of Police but also to their deputies or
subordinates who are lawfully performing the duties of the SP in place
of their superior, Section 19 comes into play.

Under Section 19, the new Act can simply state:

"The investigation procedures specified in The Police Act shall apply
to the Superintendent of Police, and it shall be the duty of the
Superintendent of Police to ensure that these procedures are followed
by their deputies or subordinates lawfully performing the duties of
the Superintendent of Police in the place of their superior."

In this example:
• The term "Superintendent of Police" refers to the chief or
superior officer to whom the investigation procedures apply.
• By prescribing the duty of the Superintendent of Police to
ensure that the investigation procedures are followed by their
deputies or subordinates, the Act effectively extends the
applicability of the law to those deputies or subordinates who
are lawfully performing the duties of the SP in place of their
superior.

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Page 19 of General Clauses Act
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CONSTRUCTION OF NOTIFICATIONS, ETC.

ISSUED UNDER ENACTMENTS (SECTION 20)
Where,

➢ by any Central Act or Regulation,

➢ a power to issue any notification, order, scheme, rule, form, or bye-law is

conferred,

➢ then expressions used in the notification, order, scheme, rule, form or bye-law,
if it is made after the commencement of this Act,

➢ shall, unless there is anything repugnant in the subject or context,

➢ have the same respective meaning as in the Act or Regulation conferring the
power.

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Page 20 of General Clauses Act
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POWER TO ISSUE, TO INCLUDE POWER TO

ADD TO, AMEND, VARY OR RESCIND
NOTIFICATIONS, ORDERS, RULES, OR BYE-
LAWS SECTION 21
Where, by any Central Act or Regulation, a power to issue notifications, orders, rules,
or bye-laws is conferred, then that power includes a power, exercisable in the like
manner and subject to the like sanction and condition, if any, to add to, amend, vary or
rescind any notifications, orders, rules or bye-laws so issued.

MAKING OF RULES OR BYE-LAWS AND

ISSUING OF ORDERS BETWEEN PASSING
AND COMMENCEMENT OF ENACTMENT
(SECTION 22)
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 office 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 the passing of the Act or
Regulation, but rules, bye-laws or orders so make or issued shall not take effect
till the commencement of the Act or Regulation.

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Page 21 of General Clauses Act
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PROVISIONS APPLICABLE TO MAKING OF

RULES OR BYE-LAWS AFTER PREVIOUS
PUBLICATION (SECTION 23)
Where, by any Central Act or Regulation,
➢ a power to make rules or bye-laws is expressed to be given

➢ subject to the condition of the rules or bye-laws being made

➢ after previous publication, then the following provisions shall apply, namely:
(1) The authority having power to make the rules or bye-laws shall, before making them,
publish a draft of the proposed rules or bye-laws for the information of persons likely
to be affected thereby.
(2) The publication shall be made in such manner as that authority deems to be
sufficient, or, if the condition with respect to previous publication so requires, in such
manner as the Government concerned prescribes.
(3) There shall be published with the draft a notice specifying a date on or after
Which the draft will be taken into consideration.
(4) The authority having power to make the rules or bye-laws, and where the rules or
bye-laws are to be made with the sanction, approval or concurrence of another
authority, that authority also, shall consider any objection or suggestion which may be
received by the authority having power to make the rules or bye-laws from any person
with respect to the draft before the date so specified.
(5) The publication in the Official Gazette of a rule or bye-law purporting to have been
made in exercise of a power to make rules or bye-laws after previous publication shall
be conclusive proof that the rule or bye-law has been duly made.

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CONTINUATION OF ORDERS, ETC, ISSUED

UNDER ENACTMENTS REPEALED AND RE-
ENACTED (SECTION 24)
Where any Central Act or Regulation is, after the commencement of this Act, repealed
and re-enacted with or without modification, then, unless it is otherwise expressly
provided, any appointment notification, order, scheme, rule, form or byelaw made or
issued under the repealed Act or Regulation, shall, so far as it is not inconsistent with
the provisions re-enacted, continue in force.

RECOVERY OF FINES (SECTION 25)

Sections 63 to 70 of the Indian Penal Code and the provisions of the Code of Criminal
Procedure for the time being in force in relation to the issue and the execution of
warrants for the levy of fines shall apply to all fines imposed under any Act, Regulation,
rule or bye-law, unless the Act, Regulation, rule or bye-law contains an express
provision to the contrary.

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PROVISIONS AS TO OFFENCES PUNISHABLE

UNDER TWO OR MORE ENACTMENTS
(SECTION 26)
Where an act or omission constitutes an offence under two or more enactments, then
the offender shall be liable to be prosecuted and punished under either or any of those
enactments, but shall not be liable to be punished twice for the same offence.

MEANING OF SERVICE BY POST (SECTION 27)

Where any legislation or regulation requires any document to be served by post, then
unless a different intention appears, the service shall be deemed to be effected by:
(i) Properly addressing
(ii) Pre-paying, and
(iii) Posting by registered post.
A letter containing the document to have been effected at the time at which the letter
would be delivered in the ordinary course of post.

In United Commercial Bank v. Bhim Sain Makhija: A notice when required under the
statutory rules to be sent by registered post acknowledgement due' is instead sent by
'registered post' only, the protection of presumption regarding serving of notice under
'registered post' under this section of the Act neither tenable not based upon sound
exposition of law.

In Jagdish Singh.v Natthu Singh, it was held that where a notice is sent to the landlord
by registered post and the same is returned by the tenant with an endorsement of
refusal, it will be presumed that the notice has been served.

In Smt. Vandana Gulati v. Gurmeet Singh alias Mangal Singh, it was held that where
notice sent by registered post to person concerned at proper address is deemed to be
served upon him in due course unless contrary is proved. Endorsement 'not claimed/not
met' is sufficient to prove deemed service of notice.

CITATION OF ENACTMENTS (SECTION 28)

References In any Central Act or Regulation, and in any rule, bye-law, instrument or
to Act or document, made under, or with reference to any such Act or Regulation,
Regulation any enactment may be cited by reference to the title or short title (if
by title or any) conferred thereon or by reference to the number and year thereof,
short title and any provision in an enactment may be cited by reference to the
section or subsection of the enactment in which the provision is
contained.

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Page 24 of General Clauses Act
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SAVING FOR PREVIOUS ENACTMENT, RULES

AND BYE-LAWS (SECTION 29)
The provisions of this Act in respect of the construction of Acts, Regulations, rules
or bye-laws made after the commencement of this Act shall not affect the
construction of any Act, Regulation, rule or bye-law made before the commencement
of this Act, although the Act, Regulation, rule or bye-law is continued or amended by
an Act, Regulation, rule or bye-law made before the commencement of this Act.

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