The General Clauses Act, 1897

Section 3(42) of the General Clauses Act, 1897, defines 'person' to include any company or association or body of individuals, whether incorporated or not. This broad definition extends the concept of a 'person' beyond natural human beings to include artificial legal entities, which is particularly relevant in corporate and other commercial laws.

While the General Clauses Act, 1897, does not explicitly define 'shall' and 'may', judicial interpretation guided by the principles of the Act generally holds that 'shall' implies a mandatory or imperative duty, leaving no discretion, whereas 'may' denotes a discretionary power or permission. This distinction is crucial for determining the binding nature of statutory provisions.

Section 9 of the General Clauses Act, 1897, deals with the commencement and termination of time. It states that in any Central Act or Regulation, 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'. Section 10 further clarifies that if an act is to be done within a prescribed period and the last day is a public holiday, the act may be done on the next succeeding day which is not a public holiday.

Yes, Section 21 of the General Clauses Act, 1897, explicitly states that 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 conditions (if any) to add to, amend, vary, or rescind any notifications, orders, rules, or bye-laws so issued.

The General Clauses Act is a consolidating statute that avoids superfluity and repetition of language in Central Acts. It defines general terms, provides rules for the construction and interpretation of statutes, and applies universally to all Central Acts unless the context otherwise requires.

Section 8 of the General Clauses Act, 1897, addresses the construction of references to repealed enactments. It states that where any Central Act or Regulation repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted. This ensures continuity and avoids legal vacuums.

The primary objective of the General Clauses Act, 1897, is to shorten the language of Central Acts and Regulations, avoid repetition of the same words and definitions, and provide for uniformity of expression. It lays down general rules for the construction and interpretation of Central Acts and Regulations, ensuring consistency and clarity in legal drafting and interpretation.

Section 3(26) of the General Clauses Act, 1897, defines 'immovable property' to include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth. This definition is fundamental for understanding property rights across various statutes.

According to Section 5 of the General Clauses Act, 1897, where any Central Act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which it receives the assent of the President. In the case of an Act of Parliament, it comes into force on the date of its publication in the Official Gazette.

Yes, Section 14 of the General Clauses Act, 1897, states that where, by any Central Act or Regulation, any power is conferred, then unless a different intention appears, that power may be exercised from time to time as occasion requires. This provision ensures that powers granted by law are not exhausted by a single exercise but remain available for repeated use as necessary.

Section 3(22) of the General Clauses Act, 1897, defines 'good faith' by stating that a thing shall be deemed to be done in 'good faith' where it is in fact done honestly, whether it is done negligently or not. This definition emphasizes the honesty of intention rather than the degree of care or diligence.

Section 27 of the General Clauses Act, 1897, provides a presumption regarding service by post. It states that where any Central Act or Regulation authorizes or requires any document to be served by post, whether the expression 'serve' or 'give' or 'send' or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying, and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Section 13 of the General Clauses Act, 1897, provides that in all Central Acts and Regulations, unless there is anything repugnant in the subject or context: (1) words importing the masculine gender shall be taken to include females; and (2) words in the singular shall include the plural, and words in the plural shall include the singular. This rule helps in shortening legislative language and ensures comprehensive applicability.

As per Section 3(21) of the General Clauses Act, 1897, 'financial year' means the year commencing on the first day of April. This definition is uniformly applied across various Central Acts unless a different definition is explicitly provided in a specific enactment.

Section 6 of the General Clauses Act, 1897, specifies that unless a different intention appears, the repeal of an enactment shall not: (a) revive anything not in force or existing at the time the repeal takes effect; (b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; (c) affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed; (d) affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment. Any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any such penalty, forfeiture, or punishment may be imposed as if the repealing Act had not been passed.