The General Clauses Act, 1897
The General Clauses Act, 1897
Enactment:
The General Clauses Act, 1897 was enacted by the British Government to provide standard definitions and interpretations for terms commonly used in all Central and State legislations in India.
It was intended to simplify the understanding of statutory provisions and avoid ambiguity in legislation.
Objective:
To ensure uniform interpretation of common legal terms across statutes.
To avoid repetition of similar definitions in different laws.
To clarify procedural aspects, such as computation of time, commencement, and repeal of laws.
To facilitate smooth administration and judicial interpretation.
1. Scope of the Act
Applies to all Central Acts unless expressly excluded.
Some State Acts also incorporate provisions from the General Clauses Act.
It mainly deals with:
Definitions of terms
Commencement, operation, and repeal of laws
Construction of provisions in all legislations
2. Key Provisions
A. Definitions (Sections 3–12)
The Act provides standard definitions for terms frequently used in laws:
| Term | Meaning |
|---|---|
| “Government” | Central or State government, unless context indicates otherwise |
| “Month” | Calendar month |
| “Writing” | Includes printing, typewriting, or any visible representation |
| “Person” | Includes company, association, body of individuals, and individual |
| “Public officer” | Person holding office under the government |
| “Prescribed” | Means prescribed by rules, regulations, or notifications issued under the law |
Case Example:
Union of India v. R. Ramakrishnan – Courts relied on the definition of “Government” in the General Clauses Act to determine whether a Central or State authority had powers under a statute.
B. Commencement and Repeal of Laws (Sections 5–8)
Commencement:
A law takes effect from the date mentioned in it.
If no date is mentioned, it comes into force on the date of notification in the Official Gazette.
Repeal:
Repeal of a law does not affect actions taken under it before repeal, unless expressly stated.
Repeal does not revive any previous law unless specified.
Case Example:
State of Maharashtra v. Suresh – Court held that acts committed before repeal of the law were governed by the repealed law, in line with Section 6.
C. Computation of Time (Section 14)
Provides rules to compute time for performing any act under a statute.
Excludes the first day and includes the last day.
If the last day is a public holiday, the act can be done on the next working day.
Case Example:
Ramesh Chand v. State – Delay in filing an appeal was excused as the last day fell on a public holiday, applying General Clauses Act provisions.
D. Powers of Authorities (Sections 19–21)
Terms like “officer”, “competent authority”, and “prescribed authority” are clarified.
Powers delegated to officers are interpreted based on definitions in the Act.
Case Example:
Union of India v. V. Raghavan – Court interpreted “competent authority” using the General Clauses Act definition to validate a notification.
E. Legal Construction of Words (Sections 23–25)
Provides rules for interpreting statutes:
Singular includes plural, and vice versa.
Words denoting masculine include feminine.
References to persons include companies and associations.
References to public offices continue even if the office is abolished or changed.
Case Example:
State of Karnataka v. Shivaraj – Words in singular/plural were interpreted as per the General Clauses Act for application in a tax statute.
F. Miscellaneous Provisions
Public holidays (Section 14): Rules for actions falling on holidays.
Preservation of rights (Section 6): Repeal of law does not destroy accrued rights.
References to other laws: When a law refers to another, it includes amendments made up to that time.
3. Judicial Interpretation and Principles
Uniform Interpretation:
Courts use the Act to interpret terms uniformly across statutes (Union of India v. R. Ramakrishnan).
Commencement and Repeal:
Acts are effective from their notified date; repeal does not affect past actions (State of Maharashtra v. Suresh).
Computation of Time:
Days, months, and holidays are computed using the General Clauses Act rules (Ramesh Chand v. State).
Inclusiveness of Terms:
Singular/plural, masculine/feminine, person/association are interpreted inclusively (State of Karnataka v. Shivaraj).
Continuity of Offices and Powers:
Reference to public office or authority continues even if the office is abolished or restructured.
4. Importance and Modern Relevance
Simplifies drafting of laws by avoiding repeated definitions.
Ensures clarity, uniformity, and predictability in statutory interpretation.
Courts frequently rely on the Act when interpreting ambiguous terms or procedural provisions in any statute.
Acts as a foundation for legislative drafting, ensuring that terms like “month,” “person,” and “government” are consistently applied.
5. Summary Table of Key Sections
| Section | Provision | Judicial Interpretation |
|---|---|---|
| 3–12 | Definitions of terms | Union of India v. R. Ramakrishnan |
| 5–8 | Commencement and repeal | State of Maharashtra v. Suresh |
| 14 | Computation of time | Ramesh Chand v. State |
| 19–21 | Powers of authorities | Union of India v. V. Raghavan |
| 23–25 | Construction of words (singular/plural, gender) | State of Karnataka v. Shivaraj |
| 6 | Preservation of rights | Repeal does not affect accrued rights |
6. Conclusion
The General Clauses Act, 1897 is a legislative tool that ensures uniform definitions and interpretations across all statutes.
It reduces ambiguity, clarifies commencement and repeal rules, standardizes computation of time, and provides guidelines for interpreting words and terms.
Courts regularly rely on it for statutory interpretation, especially when laws are ambiguous or silent on certain procedural or definitional aspects.
Key takeaway: The Act serves as a codified reference guide for all legislative enactments in India, ensuring clarity, uniformity, and continuity in legal interpretation.
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