The General Clauses Act, 1897 contains definitions of some words and also some general principles of

interpretation. It is effective in the absence of clear definition in the specific enactments and where there
is a conflict between the pre-constitutional laws and post- constitutional laws. It also gives a clear
suggestion to the commencement and enforcement to avoid uncertainty. It avoids the repetition of the
same words in the same piece of legislation.
Object
1. shorten the language of Central Acts;
2. provide uniformity by giving definitions
3. state rules for the construction and interpretation of central acts.
The Supreme Court in the case of The Chief Inspector of Mines v. Karam Chand Thapar, stated that
the purpose of this Act is to place in one single Statute different provisions as regards interpretation of
words and legal principles which would otherwise have to be specified separately in many different Acts
and regulations.
Application of the Act
The Act does not define any “territorial extent” clause. It is in a sense a part of every Central Act or
Regulation. Article 367 of the Constitution of India authorises use of General Clauses Act for the
interpretation of constitution. The scope and effect of each section depends upon the text of the particular
section. For example, Section 3 of the General Clauses Act, which deals with the definitional clause,
applies to the Act itself and to all Central Acts and Regulations made after the commencement of the
General Clauses Act in 1897.
Section 1 is the Preliminary ie. the introductory part of any law which generally contains Short Title,
extent, commencement, application etc.
Sections 3, 4, 4A contain general definitions.
Section 3 defines 67 phrases and terms commonly used in enactments.
Section 4 talks about Application of foregoing definitions to previous enactments - some definitions
in section 3 of the act which would also apply to the Acts and Regulations made prior to 1987 i.e., on the
previous enactments of 1868 and 1887. ‘affidavit’, ‘immovable property’, ‘imprisonment’, ‘‘month’,
‘movable property’, ‘oath’, ‘person’, ‘section’, ‘and ‘year’ apply to all Central Acts made after the 3rd
January, 1868
Section 4A lays Application of certain definitions to Indian Laws ‘Central Act’, ‘Central
Government’, ‘Gazette’, ‘Government’, ‘Government Securities’, ‘Indian Law’, and ‘‘Official
Gazette’
General Rules of Construction: Sections 5 to 13
Section 5 says Where any Central Act has not specifically mentioned a particular date to come into force,
it shall be implemented on the day on which it receives the assent of the Governor General before the
commencement of the Indian Constitution and/or, of the President in case of an Act of Parliament.
The Supreme Court in A.K. Roy v UOI, observed that where an Act empowers the government to bring
any of the provisions into operation on any day which it deems fit, no Court can issue a mandamus to
compel the Government to bring the same into operation on a particular day.
However, in Altemeier Rein v UOI, it was held that if a sufficient time has elapsed since an Act or any of
its provisions, and it has not been brought into force by the Government, the Court through a writ can
direct the Government.
Section 6 lays provision regarding effect of repeal
In State of Uttar Pradesh v. Hirendra Pal Singh SC held that whenever an Act is repealed, it must be
considered as if it had never existed.
In Navrangpura Gam Dharmada Milkat Trust v. Ramaji: distinction was drawn between ‘Repeal’ and
‘deletion’ of provision.
Section 7 lays down “Revival of repealed enactments”
“Commencement and termination of time” [Section 9] Under the Companies Act, 2013, a company is
required to pay dividend within 30 days from the date of declaration. Eg in 30 days from 01/10/2016 to
30/10/2016, 30/09/2016 will be excluded and the last day 30/10/2016 will be included.
“Computation of time” [Section 10]: In K. Soosal Ratnam v. Div. Engineer, N.H.C. Tirunelveli It
was held that since the last date of the prescribed period was declared to be a holiday, on the basis of the
principles laid down in this section, the last date of prescribed period for obtaining the tender schedules
was extended to the next working day.
“Gender and number” [Section 13]: In all legislations 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 singular shall include the plural and vice versa.
But, where a word connoting a common gender is available but the word used conveys a specific gender,
there is a presumption that the provisions of General Clauses Act, 1897 do not apply.
Power and Functionaries: Sections 14 to 19
Section 15 states that where there is a power to appoint, the appointment may be made by appointing
ex-officio as well. Ex-officio is a Latin word which means by virtue to one’s position.
Section 16 says that the appointing authority shall also have a power to suspend or dismiss any person
appointed whether by itself or any other authority in exercise of that power.
 Provisions as to Orders, Rules etc. issued under enactments: Sections 20 to 24
In Subhash Ram Kumar v. State of Maharashtra, it was held that ‘Notification’ in common English
means a formal announcement of a legal fact and "notification published in Official Gazette" means
notification published by the authority of law.
Miscellaneous: Sections 25 to 30
Section 26 says where an Act or omission constitutes an offence under two or more enactments, then the
offender shall be liable to be prosecuted and punished under either of those enactments, but shall not be
punished twice for the same offence.
In State of MP v VR Agnihotri, it was held that when there are two alternative charges in the same trial,
Section 409 IPC and Section 5(2) of the Prevention of Corruption Act, the accused’s acquittal from one
charge will not bar his conviction from the other.