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General clauses act
1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
GENERAL CLAUSES ACT,
1897
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
SHELLEY E.
EMAIL
info@altacit.com Trademark Department
WEBSITE
www.altacit.com
2. INTRODUCTION
CHENNAI
3rd Floor, ‘Creative Enclave’,
• This act is not confined to a particular
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
branch of the law, but applies to all
branches.
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
• The General Clauses Act makes
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
provisions as to the construction of
General Acts and other laws of all-
EMAIL India application.
info@altacit.com
WEBSITE
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3. OBJECT
CHENNAI
3rd Floor, ‘Creative Enclave’,
• The Objects of the Act are several, namely,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
• (1) to shorten the language of central Acts;
BANGALORE
Suite 920, Level 9,
• (2) to provide, as far as possible, for uniformity of
Raheja Towers,
26-27, M G Road, expression in central Acts, by giving definitions of
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 a series of terms in common use;
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
• (3) to state explicitly certain convenient rules for
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 the construction and interpretation of Central
Acts; and
• (4) to guard against slips and oversights by
importing into every Act certain common form
EMAIL
clauses, which otherwise ought to be inserted
info@altacit.com expressly in every Central Act.
WEBSITE
www.altacit.com
4. CNTN…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• The General Clauses Act, or, for that matter,
the Interpretation Act of any other country,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
codifies all the ‘rules’ of statutory
interpretation.
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
• The so- called rules of interpretation are
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
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
EMAIL the context does not otherwise require.
info@altacit.com
WEBSITE
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5. STATE ACTS
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• Every state has its own General clauses
Act, which applies to State Acts.
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
• The lead in this matter was taken by the
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
former presidencies of Bombay, Bengal
COIMBATORE
BB1, Park Avenue,
and Madras.
• The earliest Act on the subject was
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
Bombay Act 10 of 1866. The first General
Clauses Act in Madras and Bengal was
enacted in 1867.
EMAIL
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WEBSITE
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6. CONT.
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
• The Central Act of 1897 has stood the test
of time. Its value in avoiding superfluity of
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
language in statutes has been commended
BANGALORE
Suite 920, Level 9,
Raheja Towers,
by courts.
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
• There can be no better testimony of its
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 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
EMAIL
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legislation, but also to private documents.
WEBSITE
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7. CONT.
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
• The Act has also served as a model for all
BANGALORE
Suite 920, Level 9,
States General Clauses Acts.
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
• The Act has been expressly applied to the
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
interpretation of the Constitution by Article
367 of the Constitution.
EMAIL
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WEBSITE
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8. Coming into operation of
enactments
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
• Sections 5 to 13
– Sections 5 to 13 of the Act contains
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
general rules of Construction, other than
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 definitions.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
– These sections fall under two broad
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 groups.
– First, there are sections dealing with the
commencement and repeal of
enactments.
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– Secondly, there are sections which
WEBSITE provide for other general rules of
www.altacit.com
9. CONT.
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• The first group is the more important of the
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
two, in point of quality, because it deals with
BANGALORE the life of enactments.
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
• The second deals with certain matters of
Tel: +91 - 80 - 6546 2400
detail, such as, time, distance, rate of duty,
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road, gender and number and the like.
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
• The Act does not contain any detailed
provisions relating to the use in interpretation
of marginal notes, headings, punctuations
and the like.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
10. REPEAL
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• Section 6 of the Act deals with repeal.
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
• Its main object is to reverse the common
BANGALORE
Suite 920, Level 9,
Raheja Towers,
law rule that a repeal obliterates the
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
statute for all purposes for the future.
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
• This section is one of the most important
sections in the Code
EMAIL
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WEBSITE
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11. OTHER PROVISIONS
CHENNAI
3rd Floor, ‘Creative Enclave’,
• BODY OF PERSONS:
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
Whenever an enactment has to incorporate a
BANGALORE
body of person, it has to expressly – provide, in a
separate section, for many matters dealing with
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 the effect of incorporation.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 • POWERS AND FUNCTIONARIES:
– Provisions as to power and functionaries are
contained in sections 14- 19 of the Act.
EMAIL
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WEBSITE
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12. CNTN…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• Construction of notifications, etc., issued
under enactments
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
• Power to issue, to include power to add to,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
amend, vary or rescind notifications, orders,
COIMBATORE
BB1, Park Avenue,
rules, or bye-laws
• Making of rules or bye-laws and issuing of
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
orders between passing and
commencement of enactment
• Provisions applicable to making of rules or
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bye-laws after previous publication
WEBSITE
www.altacit.com
13. CNTN…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• Continuation of orders, etc, issued
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 under enactments repealed and re-
enacted
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
• Recovery of fines
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
• Provisions as to offences punishable
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
under two or more enactments
• Meaning of service by post
EMAIL
• Citation of enactments
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WEBSITE
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14. CNTN…
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• Saving for previous enactment, rules
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 any bye-laws
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
• Application of Act to Ordinances
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
• Application of Act to Acts made by
the governor-general
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
• Construction of references to Local
Government of a Province
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15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
THANK YOU
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com