PPT: The General Clauses Act, 1897 | Corporate & Other Laws for CA Intermediate PDF Download

 Page 1


GENERAL CLAUSES ACT
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GENERAL CLAUSES ACT
• THIS ACT IS NOT CONFINED TO A PARTICULAR BRANCH OF THE LAW,
BUT APPLIES TO ALL BRANCHES.
• THE GENERAL CLAUSES ACT MAKES PROVISIONS AS TO THE
CONSTRUCTION OF GENERAL ACTS AND OTHER LAWS OF ALL INDIA
APPLICATION.
• THE GENERAL CLAUSES ACT, 1897 CONTAINS ‘DE FINI T IONS’ OF
SOME WORDS AND ALSO SOME GENERAL PRINCIPLES OF
INTERPRETATION.
• THIS IS AN ACT INTENDS TO PROVIDE GENERAL DEFINITIONS WHICH
SHALL BE APPLICABLE TO ALL CENTRAL ACTS AND REGULATIONS
WHERE THERE IS NO DEFINITION IN THOSE ACTS OR REGULATIONS
THAT EMERGE WITH THE PROVISIONS OF THE CENTRAL ACTS OR
REGULATIONS, UNLESS THERE IS ANYTHING REPUGNANT IN THE
SUBJECT OR CONTEXT.
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GENERAL CLAUSES ACT
• THIS ACT IS NOT CONFINED TO A PARTICULAR BRANCH OF THE LAW,
BUT APPLIES TO ALL BRANCHES.
• THE GENERAL CLAUSES ACT MAKES PROVISIONS AS TO THE
CONSTRUCTION OF GENERAL ACTS AND OTHER LAWS OF ALL INDIA
APPLICATION.
• THE GENERAL CLAUSES ACT, 1897 CONTAINS ‘DE FINI T IONS’ OF
SOME WORDS AND ALSO SOME GENERAL PRINCIPLES OF
INTERPRETATION.
• THIS IS AN ACT INTENDS TO PROVIDE GENERAL DEFINITIONS WHICH
SHALL BE APPLICABLE TO ALL CENTRAL ACTS AND REGULATIONS
WHERE THERE IS NO DEFINITION IN THOSE ACTS OR REGULATIONS
THAT EMERGE WITH THE PROVISIONS OF THE CENTRAL ACTS OR
REGULATIONS, UNLESS THERE IS ANYTHING REPUGNANT IN THE
SUBJECT OR CONTEXT.
• THE GENERAL CLAUSES ACT HAS BEEN ENACTED TO SHORTEN
LANGUAGE USED IN PARLIAMENTARY LEGISLATION AND TO AVOID
THE REPETITION OF THE SAME WORDS IN THE SAME COURSE OF THE
SAME PIECE OF LEGISLATION. ACT IS MEANT TO AVOID THE
SUPERFLUITY OF LANGUAGE IN A STATUTE WHEREVER IT IS POSSIBLE
TO DO SO.
• EXAMPLE : WHEREVER THE LAW PROVIDES THAT COURT WILL HAVE
THE POWER TO APPOINT, SUSPEND OR REMOVE A RECEIVER, THE
LEGISLATURE SIMPLY ENACTED THAT WHEREVER CONVENIENT THE
COURT MAY APPOINT RECEIVER AND IT WAS IMPLIED WITHIN THAT
LANGUAGE THAT IT MAY ALSO REMOVE OR SUSPEND HIM.
(RAYARAPPAN V. MADHAVI AMMA, A.I.R. 1950 F.C. 140)
• THE GENERAL CLAUSES ACT, 1897 WAS ENACTED ON 11TH MARCH,
1897 TO CONSOLIDATE AND EXTEND THE GENERAL CLAUSES ACT,
1868 AND 1887.
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GENERAL CLAUSES ACT
• THIS ACT IS NOT CONFINED TO A PARTICULAR BRANCH OF THE LAW,
BUT APPLIES TO ALL BRANCHES.
• THE GENERAL CLAUSES ACT MAKES PROVISIONS AS TO THE
CONSTRUCTION OF GENERAL ACTS AND OTHER LAWS OF ALL INDIA
APPLICATION.
• THE GENERAL CLAUSES ACT, 1897 CONTAINS ‘DE FINI T IONS’ OF
SOME WORDS AND ALSO SOME GENERAL PRINCIPLES OF
INTERPRETATION.
• THIS IS AN ACT INTENDS TO PROVIDE GENERAL DEFINITIONS WHICH
SHALL BE APPLICABLE TO ALL CENTRAL ACTS AND REGULATIONS
WHERE THERE IS NO DEFINITION IN THOSE ACTS OR REGULATIONS
THAT EMERGE WITH THE PROVISIONS OF THE CENTRAL ACTS OR
REGULATIONS, UNLESS THERE IS ANYTHING REPUGNANT IN THE
SUBJECT OR CONTEXT.
• THE GENERAL CLAUSES ACT HAS BEEN ENACTED TO SHORTEN
LANGUAGE USED IN PARLIAMENTARY LEGISLATION AND TO AVOID
THE REPETITION OF THE SAME WORDS IN THE SAME COURSE OF THE
SAME PIECE OF LEGISLATION. ACT IS MEANT TO AVOID THE
SUPERFLUITY OF LANGUAGE IN A STATUTE WHEREVER IT IS POSSIBLE
TO DO SO.
• EXAMPLE : WHEREVER THE LAW PROVIDES THAT COURT WILL HAVE
THE POWER TO APPOINT, SUSPEND OR REMOVE A RECEIVER, THE
LEGISLATURE SIMPLY ENACTED THAT WHEREVER CONVENIENT THE
COURT MAY APPOINT RECEIVER AND IT WAS IMPLIED WITHIN THAT
LANGUAGE THAT IT MAY ALSO REMOVE OR SUSPEND HIM.
(RAYARAPPAN V. MADHAVI AMMA, A.I.R. 1950 F.C. 140)
• THE GENERAL CLAUSES ACT, 1897 WAS ENACTED ON 11TH MARCH,
1897 TO CONSOLIDATE AND EXTEND THE GENERAL CLAUSES ACT,
1868 AND 1887.
OBJECTS OF THE ACT
• (1) TO SHORTEN THE LANGUAGE OF CENTRAL ACTS;
• (2) TO PROVIDE, AS FAR AS POSSIBLE, FOR UNIFORMITY OF,
EXPRESSION IN CENTRAL ACTS, BY GIVING DEFINITIONS OF A SERIES OF
TERMS IN COMMON USE;
•(3) TO STATE EXPLICITLY CERTAIN CONVENIENT RULES THE
CONSTRUCTION AND INTERPRETATION OF CENTRAL ACTS; AND
• (4) TO GUARD AGAINST SLIPS AND OVERSIGHTS BY IMPORTING INTO
EVERY ACT CERTAIN COMMON FORM CLAUSES, WHICH OTHERWISE
OUGHT TO BE INSERTED EXPRESSLY IN EVERY CENTRAL ACT.
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GENERAL CLAUSES ACT
• THIS ACT IS NOT CONFINED TO A PARTICULAR BRANCH OF THE LAW,
BUT APPLIES TO ALL BRANCHES.
• THE GENERAL CLAUSES ACT MAKES PROVISIONS AS TO THE
CONSTRUCTION OF GENERAL ACTS AND OTHER LAWS OF ALL INDIA
APPLICATION.
• THE GENERAL CLAUSES ACT, 1897 CONTAINS ‘DE FINI T IONS’ OF
SOME WORDS AND ALSO SOME GENERAL PRINCIPLES OF
INTERPRETATION.
• THIS IS AN ACT INTENDS TO PROVIDE GENERAL DEFINITIONS WHICH
SHALL BE APPLICABLE TO ALL CENTRAL ACTS AND REGULATIONS
WHERE THERE IS NO DEFINITION IN THOSE ACTS OR REGULATIONS
THAT EMERGE WITH THE PROVISIONS OF THE CENTRAL ACTS OR
REGULATIONS, UNLESS THERE IS ANYTHING REPUGNANT IN THE
SUBJECT OR CONTEXT.
• THE GENERAL CLAUSES ACT HAS BEEN ENACTED TO SHORTEN
LANGUAGE USED IN PARLIAMENTARY LEGISLATION AND TO AVOID
THE REPETITION OF THE SAME WORDS IN THE SAME COURSE OF THE
SAME PIECE OF LEGISLATION. ACT IS MEANT TO AVOID THE
SUPERFLUITY OF LANGUAGE IN A STATUTE WHEREVER IT IS POSSIBLE
TO DO SO.
• EXAMPLE : WHEREVER THE LAW PROVIDES THAT COURT WILL HAVE
THE POWER TO APPOINT, SUSPEND OR REMOVE A RECEIVER, THE
LEGISLATURE SIMPLY ENACTED THAT WHEREVER CONVENIENT THE
COURT MAY APPOINT RECEIVER AND IT WAS IMPLIED WITHIN THAT
LANGUAGE THAT IT MAY ALSO REMOVE OR SUSPEND HIM.
(RAYARAPPAN V. MADHAVI AMMA, A.I.R. 1950 F.C. 140)
• THE GENERAL CLAUSES ACT, 1897 WAS ENACTED ON 11TH MARCH,
1897 TO CONSOLIDATE AND EXTEND THE GENERAL CLAUSES ACT,
1868 AND 1887.
OBJECTS OF THE ACT
• (1) TO SHORTEN THE LANGUAGE OF CENTRAL ACTS;
• (2) TO PROVIDE, AS FAR AS POSSIBLE, FOR UNIFORMITY OF,
EXPRESSION IN CENTRAL ACTS, BY GIVING DEFINITIONS OF A SERIES OF
TERMS IN COMMON USE;
•(3) TO STATE EXPLICITLY CERTAIN CONVENIENT RULES THE
CONSTRUCTION AND INTERPRETATION OF CENTRAL ACTS; AND
• (4) TO GUARD AGAINST SLIPS AND OVERSIGHTS BY IMPORTING INTO
EVERY ACT CERTAIN COMMON FORM CLAUSES, WHICH OTHERWISE
OUGHT TO BE INSERTED EXPRESSLY IN EVERY CENTRAL ACT.
• THE GENERAL CLAUSES ACT, OR, FOR THAT MATTER, THE INTERPRETATION ACT
OF ANY OTHER COUNTRY, CODIFIES ALL THE ‘ RULE S ’ OF STATUTORY
INTERPRETATION.
• THE SO- CALLED RULES OF INTERPRETATION ARE 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 THE CONTEXT DOES NOT OTHERWISE REQUIRE.