The document discusses the concept of "beneficial construction" when interpreting statutes. Some key points: - Beneficial construction means interpreting a statute in a way that promotes the benefits it intends to provide and avoids curtailing those benefits. It involves a liberal and wide interpretation when the statute aims to benefit a particular class. - Remedial statutes that aim to cure issues and benefit a class should be interpreted broadly in favor of that class. Ambiguities should be resolved in a way that preserves the intended benefit. - However, beneficial construction has limits - it cannot be used to interpret a statute in a way that was not contemplated or to override clear and unambiguous language. - Statutes with both

1. - BENEFICIAL
CONSTRUCTION -

2. It is a ‘tendency’
rather than a rule

3. A brief synopsis of the discussion
Beneficial Construction- Meaning and Premise
Some pointers and limitations of the rule
Applicability of Retrospectivity
‘Beneficial’ construction different from
‘sympathetic construction’.
Statutes containing ‘remedial’ and ‘penal’
provisions at the same time.
Some concluding remarks

4. BENEFICENT
CONSTRUCTION
• A legislation which is directed to cure
some immediate mischief and bring into
effect some social reform by ameliorating
the condition of certain class of persons
who according to the present-day notions
may not have been treated fairly in the
past are remedial statutes.
• Central Railway Workshop, Jhansi v. Vishwanath

5. • ‘Beneficent Construction’ means an interpretation which
promotes the benefits and avoid their curtailing. An
interpretation which promotes justice & equity should be
preferred. Although hardship is not a ground for striking
down legislation, but wherever possible, statute should be
interpreted to avoid possible hardship.
-M. Subba Reddy v. A.P.S.R.T.C

6. The General Tendency
Remedial
Statute
Liberal
Constructio
n
In case of doubt, resolved
in favour of the class of
persons for whose benefit
the statute has been
enacted

7. The Premise
If the object of legislation is to benefit a particular
class of persons
There is an ambiguity so that it is capable of two
meanings
One of which would preserve the benefit and another
which would take it away
The meaning which ‘preserves the benefit’ should be
adopted

8. What are Remedial Statutes…?

11. Remedial
Statute
Widest
Amplitude
Liberal
Construction
Identify the
Mischief
Colour and
content of the
statute

12. Baldev Sahai v. R.C. Bhasin, AIR 1982
SC 1091
He left for Canada, leaving behind the mother and
brother, the latter kept paying the rent every month
on time
The tenant was living with his brother and
mother.
Also known as the “Rent-Law Case”

13. The contention before the Court
Suit for eviction
u/s 14(1) of the
Delhi Rent
Control Act
Due to non-
residence of
the tenant
Mother &
brother are
not members
of the family

14. The word ‘Family’ must be given a
wider meaning
• But all members or
descendants from the common
ancestors actually living with
the same head of the family.
Family not
only the head
of family
• It is a beneficial legislation
which has to be meaningfully
& liberally construed so as to
advance the object of the Act.
The
Court
noted

15. U. Unichoyi v. State of Kerala
Fixing of
Minimum Wages
u/Minimum
Wages Act, 1948
The Act does
not define
Minimum
Wages
Is it violative
of Art.19(1)(g)
?
…since it does
not take into
account the
employer’s
capacity to pay..
The
basic
question

16. The Court held in this case
Act is a
beneficial
legislation
Prevention
of workers
working in
starvation
wages
To be
construed
in favor of
worker

17. B. Shah v. Presiding Officer, Labour
Court, Coimbatore & Others AIR 1978 SC 12

18. Sec 5 of the Maternity Benefit Act
1961
“Right to payment of maternity benefit (1)
Subject to the provisions of this Act, every
woman shall be entitled to, and her
employer shall be liable for, the payment of
maternity benefit at the rate of average
daily wage for the period of her actual
absence immediately preceding and
including the day of her delivery and for the
six weeks immediately following that day.”

19. EXPLANATION
• For the purpose of this sub-section, the average
daily wage means the average of the woman’s wages
payable to her for the days on which she has worked
during the period of three calendar months
immediately preceding the date from which she
absents herself on account of maternity, or one
rupee a day, whichever is higher.
• The maximum period for which any woman is
entitled to maternity benefit shall be 12 weeks, i.e. to
say 6 weeks before and including the day of her
delivery and 6 weeks immediately following that
day.

20. Construction of the word
“Week”
“Week”
Literal Week Working Week
(7 Days) (6 Days)
• The definition of “week” was not provided
in the Act.
• The dictionary meaning: - A cycle of 7 Days.

21. Construction of “week” by the
court
In the absence
of “working
week” it
remains a
“literal week”
Computation of
maternity benefit
for entire period
of absence
The language of
the section is
couched with such
intention of the
legislature
It is not
intermittent
period of 6 days
excluding Sundays
Otherwise the
provision would
have specified so

22. The realm of Beneficent
Construction: - Some Pointers
No mindless
reading of
words
Interpretati
on without
doing
violence to
the
language
Liberal
interpretation
does not mean
unnatural
interpretation

23. The Limits to the tendency of
Benevolence
1.)
• The Court should not proceed with any prior
assumption of whether the legislation is
beneficial to the workmen or management.
2.)
• Where the language used is plain, clear and
unambiguous, the rule of benevolent
construction cannot be applied.
3.)
• If the beneficial construction leads to re-
legislation, substitution or addition to the
original language, it cannot be applied.

24. The Limits of Benevolence
Overstraining
legislation in
favour of someone
whose case
attracts sympathy
is unfair.
Intention of the
legislature is to
be seen
Sympathy
alone has
no role to
play

25. Secretary of Karnataka v.
Umadevi (2006) 4 SCC 1

26. Mugnilal v. Sugan Chand, AIR 1965 SC
101
• ‘that the tenant has failed to
make payment to the
landlord of any arrears of
rent within one month of the
service upon him of a written
notice of demand.’
Sec 4(a) of the
M.P.
Accommodation
Control Act,
1955

27. The tenant failed to make payment
within 1 month of the demand
Court has to look
into true spirit &
object of the Act
Especially if it is a
beneficial legislation
For such statutes, the
courts ordinarily give
liberal interpretation
To prevent arbitrary
executive action.

28. The Supreme Court
• BUT, only because the legislation is
beneficial, that by itself cannot be extended
to a situation which the statute does not
contemplate.
• The condition u/Sec.4(a) was satisfied and
that the clause did not require that the non-
payment should continue till the date of the
suit.

29. Hazing of the Boundaries

30. Same statute having elements of both
penal and beneficial character
• In such cases, the rule of
strict interpretation in the
limited sense may have to
be applied.

31. Complexities arising in Labour
Statutes
• It must be borne in mind that while the statute and
rule have the beneficent purpose of providing
protection to workmen their contravention
involves penal consequences.
Where penalties for infringement are imposed, it
is not legitimate to stretch the language of a rule,
however beneficent its intention, beyond the
ordinary meaning of its language.
London & North Eastern Railway Co. v. Berriman

32. Bhagirath Kanoria v. State of M.P.
AIR 1984 SC 1688
• Employees Provident Funds and
Miscellaneous Provisions Act, 1952
Statute
• Non-payment of employer’s
contribution within 15 days
under the Employers’ PF Scheme
was a punishable offence u/s
14(2)
Penalty
• Considering the object and
purpose of this provision, which
is to ensure the welfare of
workers, the offence is a
continuing offence.
The Supreme
Court

33. Provision imposing penalty on the
workman
Welfare
Statute
Imposes
Penalty
Penalty
imposed on
the
workman
Pertaining to his
misconduct (per
standing orders
etc.)
Such penalty has
to be strictly
construed
Glaxo
Laboratories
Ltd. v. Presiding
Officer, Labour
Court

34. Therefore….
Remedial Part
Construe that provision
liberally
Effectively counterbalances
the penal consequences
Penal Part (Pain of
punishment)
Strictly construed
All the more when it
punishes the vulnerable
A statute that has both penal and remedial
elements

35. Another example….
The Juvenile Justice Act, 1986
• ‘delinquent
juvenile’ to
mean who
has been
found to have
committed an
offence.
Sec.2
(e)
The Juvenile Justice (Care &
Protection) Act, 2000
• A boy who has not
attained the age of 16
years and a girl who
has not attained the
age of 18 years.
Sec.2(h)
• ‘Juvenile in conflict
with law’ means a
juvenile who is
alleged to have
committed an
offence.
Sec.
2(e)
• ‘juvenile’ or ‘child’
means a person who
has not completed 18
years of age.
Sec.
2 (k)

36. The Object of the Act
1.)
• To provide for the care, protection,
treatment, development and
rehabilitation of neglected and
delinquent juveniles.
2.)
• The Acts were passed in the discharge
of the obligation to follow the UN
Minimum Rules for Administration of
Juvenile Justice (Beijing Rules).

37. Pratap Singh v. State of
Jharkhand, (2005) 3 SCC 551
The reckoning date for determination of the
age of the juvenile under both the Acts is
the date of the offence and not the date
when he is produced before the authority of
The main question was which age of the
juvenile is to be considered- the age on the
date of offence..?? Or the age on the date
when he is produced before the court…?

38. The Supreme Court held
• The Acts being remedial in
nature has to be given liberal
construction to promote the
beneficient object behind
them.

39. Other important aspects in a
beneficial legislation
• The effect of a beneficial legislation is not
defeated by a subsequent legislation except
through a clear provision.
- Noor Sabah Khatoon v. Mohd. Quasim

40. Noor Saba Khatoon v. Mohd.
Quasim AIR 1997 SC 3280
The Court observed
The right of children u/s 125 was independent of the right of the
divorced mother under the 1986 Act and hence, the former is not
Sec 3(b) Muslim Women’s Protection of Rights on Divorce Act, 1986
Entitles a Muslim woman to claim maintenance from the
Husband for her minor children up to the age of 2 years only.
Sec. 125 CrPC 1973
Provides for rights of maintenance of Wife, Children and
Parents.

41. Less inhibition against
retrospective application
Inhibition against
retrospective application has
been applied in such
legislations.
e.g., there is a prospective
provision which confers immunity
to the tenant against eviction.
That provision may still be construed to
take away the ‘right vested’ in the
landlord by a decree of ejectment which
had become final.
H.
Shiva
Rao
v.
Cecila
Perira

42. Therefore…to sum up
The benefits conferred upon a
welfare legislation are not
defeated by subtle devices.
A beneficial legislation should not
be construed to bring within its
ambit a benefit which was not
contemplated by the legislature.
In such legislations, the resources
and paying capacity of the
authority on whom the duty is
laid should not be taken into
consideration.
In welfare legislations, the terms
of contracts and the provisions of
law should be liberally construed
in favour of the weak.
Common
concerns in
beneficial
statute