CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,         Mylapore,    Chennai - 600 004. Tel: +91 - 44 - 249...
INTRODUCTION         CHENNAI3rd Floor, ‘Creative Enclave’,                                 • This act is not confined to a...
OBJECT         CHENNAI3rd Floor, ‘Creative Enclave’,                                 • The Objects of the Act are several,...
CNTN…         CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,                                 • The General...
STATE ACTS         CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,                                 • Every ...
CONT.         CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,         Mylapore,                            ...
CONT.         CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,         Mylapore,    Chennai - 600 004. Tel: ...
Coming into operation of                                           enactments         CHENNAI3rd Floor, ‘Creative Enclave’...
CONT.         CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,                                 • The first g...
REPEAL         CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,                                 • Section 6 ...
OTHER PROVISIONS         CHENNAI3rd Floor, ‘Creative Enclave’,                                 • BODY OF PERSONS:148-150, ...
CNTN…         CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,                                 • Constructio...
CNTN…         CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,                                 • Continuatio...
CNTN…         CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,                                 • Saving for ...
CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road,         Mylapore,    Chennai - 600 004. Tel: +91 - 44 - 249...
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General clauses act

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  • General clauses act

    1. 1. CHENNAI3rd 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. 2. INTRODUCTION CHENNAI3rd Floor, ‘Creative Enclave’, • This act is not confined to a particular148-150, 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 www.altacit.com
    3. 3. OBJECT CHENNAI3rd 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. 4. CNTN… CHENNAI3rd 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 www.altacit.com
    5. 5. STATE ACTS CHENNAI3rd 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 info@altacit.com WEBSITE www.altacit.com
    6. 6. CONT. CHENNAI3rd 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 info@altacit.com legislation, but also to private documents. WEBSITE www.altacit.com
    7. 7. CONT. CHENNAI3rd 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 info@altacit.com WEBSITE www.altacit.com
    8. 8. Coming into operation of enactments CHENNAI3rd 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. EMAIL info@altacit.com – Secondly, there are sections which WEBSITE provide for other general rules of www.altacit.com
    9. 9. CONT. CHENNAI3rd 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. 10. REPEAL CHENNAI3rd 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 info@altacit.com WEBSITE www.altacit.com
    11. 11. OTHER PROVISIONS CHENNAI3rd 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 info@altacit.com WEBSITE www.altacit.com
    12. 12. CNTN… CHENNAI3rd 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 EMAIL info@altacit.com bye-laws after previous publication WEBSITE www.altacit.com
    13. 13. CNTN… CHENNAI3rd 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 info@altacit.com WEBSITE www.altacit.com
    14. 14. CNTN… CHENNAI3rd 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 EMAIL info@altacit.com WEBSITE www.altacit.com
    15. 15. CHENNAI3rd 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

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