Jitendra Chauhan College of Law,

Mumbai

Interpretation of
Statuses
Comments on the
miscellaneous provisions of the
General Clauses Act, 1897

Submitted to Submitted by
Prof. Dr. Chhaya Shah Hiren Raja
Class: TY L.L.B
Div / Roll no – A 041

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ACKNOWLEDGEMENT
I am overwhelmed in all humbleness and gratefulness to acknowledge my depth to all those
who have helped me to put these ideas, well above the level of simplicity and into something
concrete.
I would like to express my special thanks of gratitude to my teacher Prof. Dr. Chhaya Shah,
Professor, Law who gave me the golden opportunity to do this wonderful project on the topic
“Comments on the miscellaneous provisions of the General Clauses Act, 1897”, which also
helped me in doing a lot of Research. I am thankful to them.

Any attempt at any level can't be satisfactorily completed without the support and guidance of
my parents and friends. I would like to thank my parents who helped me a lot in gathering
different information, collecting data and guiding me from time to time in making this project,
despite of their busy schedules, they gave me different ideas in making this project unique.

Hiren Paresh Raja

TY L.L.B A 041
Jitendra Chauhan College of Law

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Table of Contents
Introduction ............................................................................................................................ 4
What is General Clauses Act? ................................................................................................ 4
Miscellaneous provisions of the General Clauses Act, 1897 ................................................. 5
Important Case Laws ............................................................................................................ 11
Conclusion............................................................................................................................ 12
References/Bibliography ...................................................................................................... 13

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Introduction
The General Clauses Act of 1897 establishes the fundamental foundation for interpreting the
legislation. The act is also known as the Interpretation Act. It provides a standard set of legal
terminology, techniques, and expressions that serve to avoid repetition and a standard set of
concepts used in legislation. It defines things more clearly by providing standards for
interpretation and expression.

The purpose of the legislation is to ensure uniformity of speech by defining a set of commonly
used terminology. So, one of the statutory aids to interpretation is the General Clauses Act
making the statutory language more concise.

What is General Clauses Act?

On March 11, 1897, the General Clauses Act of 1897 was enacted to combine and expand the
General Clauses Acts of 1868 and 1887.

The Act covers all fields of law and contains provisions relating to the interpretation of the
General Clauses Act and other Indian legislation. The Act’s definition applies only when the
context requires it.

The General Clauses Act contains “definitions” of various terms and some general
interpretation guidelines.

The general definitions will apply to all Central Acts and legislations where no definition is
provided except its subject or context is objectionable.

When there is a disagreement between pre-constitutional and post-constitutional laws and no

clear definition in the individual enactments, the General Clauses Act seems very useful. To
minimise ambiguity, the Act provides a clear suggestion for contradictory sections and
distinguishes the acts according to their commencement and enforcement dates.

The General Clauses Act was designed to make legislative laws more concise and to eliminate
the duplication of the same words across the same piece of law. Wherever possible, the purpose
of an act is to avoid redundant language in a statute.

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Miscellaneous provisions of the General Clauses
Act, 1897
1. Recovery of Fines (Section 25)
Section 25 of the General Clauses Act, 1897, pertains to the "power to make rules, regulations,
or bye-laws." This section provides a general framework for authorities to make rules,
regulations, or bye-laws under the authority of any enactment. Here is the text of Section 25:

"Power to make rules, regulations or bye-laws. Where, by any Central Act or Regulation, a
power to make rules, regulations or bye-laws is conferred, then that power includes a power,
exercisable in the like manner and subject to the like sanction and conditions (if any), to alter,
modify, or rescind any rules, regulations, or bye-laws so made."

Section 25 of the General Clauses Act, 1897, is a crucial provision that deals with the power to
make rules, regulations, or bye-laws under any Central Act or Regulation. It offers a framework
for understanding how these rules and regulations can be created, altered, modified, or
rescinded. Here's a detailed analysis of Section 25:

a. Granting of Power: The section starts by addressing the situation where a Central Act
or Regulation confers the power to make rules, regulations, or bye-laws. This often
occurs when a primary legislation delegates authority to a subordinate authority, such
as a government department or local authority, to create detailed rules and regulations
for implementing the primary law.

b. Inclusion of Amendment and Repeal: Section 25 explicitly states that the power to
make rules, regulations, or bye-laws not only includes the power to create them but also
to alter, modify, or rescind them. In other words, it encompasses the authority to amend
or repeal any previously made rules or regulations.

c. Manner of Exercise: The section emphasizes that the power to amend or repeal rules,
regulations, or bye-laws should be exercised in the same manner as the power to create
them. This means that the procedures, formalities, and methods used for making the
original rules or regulations must also be followed when making alterations or repeals.

d. Subject to Sanction and Conditions: It also stipulates that the power, whether for
making or amending rules, is subject to the same sanctions and conditions, if any, as
specified in the original enactment. This ensures that any constraints or requirements
placed on the creation of rules or regulations continue to apply to their alteration or
repeal.

e. Consistency and Accountability: Section 25 is designed to maintain consistency and

accountability in the exercise of rule-making authority. It ensures that those with the

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 power to create rules cannot easily change them or remove them without adhering to
established processes and safeguards.

f. Flexibility: This provision grants flexibility to authorities to adapt rules and regulations
in response to changing circumstances, new information, or evolving needs. It
eliminates the need for legislative intervention whenever minor adjustments or repeals
are required.

g. Applicability: Section 25 applies to various kinds of authorities, including

governmental departments, agencies, local bodies, or other entities that have been
delegated rule-making powers by a Central Act or Regulation.

In summary, Section 25 of the General Clauses Act, 1897, is a vital provision that allows for
the creation, amendment, and repeal of rules, regulations, or bye-laws under the authority of a
Central Act or Regulation. It ensures that such changes are made following established
procedures and subject to any prescribed conditions, thereby promoting transparency and
accountability in the rule-making process.

2. Provision as to offence punishable under two or more enactment

(Section 26)

Section 26 of the General Clauses Act, 1897, deals with the scenario in which an act or conduct
amounts to an offense under two or more different enactments (laws). It provides guidelines on
how to handle such situations. Here's a detailed analysis of Section 26:

a. Non-Double Punishment: Section 26 is primarily intended to prevent the double

punishment of an individual for a single act. It ensures that an offender who commits
an act that falls under the purview of multiple laws is not subjected to multiple,
simultaneous punishments. This is a fundamental principle of criminal law and justice.

b. Prosecution Under One Enactment: The section explicitly states that the offender can
be prosecuted and punished under any one of the applicable enactments, but not under
all of them at once. It grants the prosecuting authorities the discretion to choose which
law they want to proceed under, depending on the circumstances, the severity of the
offense, and other relevant factors.

c. Avoidance of Legal Confusion: Section 26 helps avoid legal confusion and

complications that could arise if an individual were to face multiple prosecutions and
penalties for the same conduct. It ensures clarity in the legal process by allowing for a
streamlined approach to addressing the offense.

d. Prosecution Based on Choice and Applicability: This provision acknowledges that

multiple laws may apply to the same act, especially in cases where there is a complex

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 legal landscape with both general and specific enactments covering similar offenses.
The authorities can make an informed choice regarding which law is most appropriate
for the situation.

e. Legal Safeguards: Even though Section 26 gives prosecuting agencies the discretion
to select the applicable enactment, it does not override the need for due process. The
accused retains their fundamental rights, including the right to a fair trial, legal
representation, and all other legal safeguards. This ensures that the prosecution is
conducted fairly and in accordance with the principles of justice.

f. Protection Against Double Jeopardy: This section aligns with the principle of double
jeopardy, which prevents an individual from being tried or punished twice for the same
offense. It is an important safeguard to protect individuals from excessive or unjust
punishment.

g. Applicability to Complex Legal Systems: Section 26 is particularly relevant in legal

systems with numerous statutes, regulations, and overlapping jurisdictions, where the
same act may potentially violate multiple laws. It simplifies the process by allowing for
a single prosecution while maintaining legal clarity and fairness.

In summary, Section 26 of the General Clauses Act, 1897, is a crucial provision that addresses
the situation when an act constitutes an offense under multiple enactments. It ensures that the
offender is not subjected to double punishment and grants authorities the discretion to choose
which enactment to prosecute under, all while upholding fundamental principles of justice and
due process. This provision is essential for maintaining legal clarity and fairness in complex
legal systems.

3. Meaning of Service by Post (Section 27)

Section 27 of the General Clauses Act, 1897, is concerned with the "service by post." It pertains
to how legal documents or notices may be served or delivered using postal services. Here's a
detailed analysis of Section 27, specifically regarding the "service by post":

a. Meaning of Service by Post: Service by post refers to the act of sending legal
documents, notices, or communications through the postal system for the purpose of
serving or notifying an individual or entity. It is a commonly used method for delivering
legal or official documents.

b. Legal Validity: Section 27 affirms the legal validity of serving documents by post. It
states that any document required or allowed by any law to be served or delivered by
post may be sent by prepaid post.

c. Presumption of Service: When a document is sent by prepaid post, it is presumed to

have been served or delivered at the time when the letter would ordinarily be delivered

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 in the usual course of postal business. This presumption helps establish a clear and
standard method for determining the effective service date.

d. Efficiency and Practicality: Service by post is often employed for its efficiency and
practicality. It allows for documents to be delivered over long distances without the
need for personal delivery or courier services, saving time and resources.

e. Postal Receipt as Evidence: The sender can use the postal receipt as evidence of the
date and time of dispatch. This receipt can be valuable in case of disputes regarding the
service or delivery of the document.

f. Notifying Recipients: Section 27 ensures that recipients have a reasonable opportunity

to receive the documents sent by post. It considers the ordinary course of postal
business, making it convenient for both senders and recipients.

g. Applicability: This section applies to various legal documents and notices, including
court summonses, legal notices, government communications, and any other documents
that need to be officially served. It streamlines the process of legal communication and
notification.

h. Consistency: By standardizing the method of service by post, Section 27 contributes to

consistency and predictability in legal processes. It reduces the potential for disputes
over when a document is considered to have been served.

h. Presumption of Regularity: The presumption created by this section serves the

principle of presumption of regularity, which assumes that government agencies and
their processes are conducted in a regular and lawful manner. This is important for legal
reliability and predictability.

In summary, Section 27 of the General Clauses Act, 1897, addresses the use of postal services
for serving legal documents or notices. It confirms the legal validity of such service, establishes
a presumption of service at the ordinary delivery time, and ensures efficiency and consistency
in legal communication. This section is particularly important for legal practitioners,
government agencies, and individuals involved in legal matters.

4. Provision as to offence punishable under two or more enactment

(Section 26)

This section of The General Clauses Act, 1897, is aimed at addressing the continuity of previous
laws, rules, and regulations when a new enactment is introduced or an existing enactment is
amended or repealed. Section 29 specifies the following key points:

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 a. Continuity of Previous Enactments: When a new enactment comes into force or an
existing enactment is amended or repealed, Section 29 ensures that the previous
enactments (laws), rules, and bye-laws that were made under the authority of the earlier
enactment continue to be in force and retain their legal validity, unless expressly
provided otherwise in the new enactment.

b. Protection of Rights and Obligations: This section safeguards any rights, privileges,
obligations, or liabilities that were acquired or incurred under the previous enactments,
rules, or bye-laws. These rights and legal positions are preserved and remain unaffected
by the introduction of new laws or amendments, unless the new law specifically states
otherwise.

c. Continuation of Legal Proceedings: Section 29 also ensures the continuation of legal

proceedings, such as suits, appeals, or applications, under the previous enactments even
after their repeal or amendment. This is important to maintain the consistency of
ongoing legal cases and to avoid disrupting the justice system.

d. Repealing Act May Specify Otherwise: Section 29 allows for exceptions when the
repealing or amending law expressly provides that certain enactments, rules, or bye-
laws will not continue to have effect. In such cases, the new law's provisions take
precedence.

e. Consistency in Legal Practice: This provision helps maintain consistency in legal

practice and prevents abrupt changes in the legal framework that could negatively
impact individuals, organizations, and ongoing legal matters.

In summary, Section 29 of The General Clauses Act, 1897, serves to protect the rights,
privileges, obligations, and legal positions established under previous enactments, rules, and
bye-laws. It ensures that these previous laws and their effects continue unless the new
enactment explicitly states otherwise. This provision is important for legal stability and
consistency when new laws are introduced or old ones are amended or repealed in India.

5. Application of Act to Ordinances (Section 30)

This section of The General Clauses Act, 1897, pertains to the application of the Act's
provisions to ordinances. Section 30 specifies the following key points:

a. Applicability to Ordinances: Section 30 establishes that the provisions of The General

Clauses Act apply to ordinances as they apply to enactments. This means that the rules
and principles laid out in the Act regarding the interpretation, application, and citation
of enactments are extended to ordinances.

b. Ordinances as Temporary Legislation: Ordinances are typically issued in situations

of urgency when the legislature is not in session, and there is a need to enact temporary

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 laws. Section 30 ensures that the same rules for interpreting and citing laws, as laid out
in the Act, apply to these temporary measures.

c. Interpretation and Application: When dealing with ordinances, the provisions of The
General Clauses Act, including those related to definitions, construction, time
calculations, and citation, will be relevant in interpreting and applying the ordinances.

d. Consistency and Clarity: By applying the Act's provisions to ordinances, Section 30

aims to maintain consistency and clarity in the legal framework. It ensures that the same
legal principles used for permanent enactments are used for ordinances, thereby making
it easier for legal professionals and the public to understand and work with these
temporary laws.

e. Reference to Short Titles: If an ordinance has a short title or a prescribed title, it should
be used when citing the ordinance. However, if there is no specific short title or
prescribed title, the general rules for citation as per the Act can be followed.

In summary, Section 30 of The General Clauses Act, 1897, extends the application of the Act's
provisions to ordinances, which are temporary legislative measures. This ensures that the same
principles and rules for interpretation, citation, and application of laws are applicable to
ordinances as they are to permanent enactments. The provision promotes consistency, clarity,
and a uniform approach to understanding and working with laws, whether they are permanent
or temporary.

6. Citation of enactments (Section 3 (28)

a. In any Central Act or Regulation, and in any rule, bye law, instrument or document,
made under, or with reference to any such Act or Regulation, any enactment may be
cited by reference to the title or short title (if any) conferred thereon or by reference to
the number and years thereof, and any provision in an enactment may be cited by
reference to the section or sub-section of the enactment in which the provision is
contained.

b. In this Act and in any Central Act or Regulation made after the commencement of this
Act, a description or citation of a portion of another enactment shall, unless a different
intention appears, be construed as including the word, section or other part mentioned
or referred to as forming the beginning and as forming the end of the portion comprised
in the description or citation.

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Important Case Laws
1. State of M.P. v. V.R. Agnihotri (Section 26)
In the case of State of M.P. v. V.R. Agnihotri, AIR 1957 SC 592, the Supreme Court of India
established an important legal principle regarding multiple charges in the same trial. The court
held that when there are two alternative charges against an accused in the same trial, and the
accused is acquitted of one of the charges, it does not necessarily bar their conviction on the
other charge.

This ruling means that if an accused person faces multiple charges in a single trial, and they are
found not guilty of one of those charges, it does not automatically prevent them from being
convicted on the remaining charges. The principle of alternative charges allows the court to
consider the evidence and circumstances of each charge separately, and an acquittal on one
charge does not create a legal bar to convicting the accused on another charge if the evidence
supports it.

This decision has been cited as a precedent in various criminal cases, highlighting the principle
that the outcome of one charge does not automatically affect the other charges when they are
alternative in nature. It underscores the importance of a case-by-case evaluation of the evidence
and charges in criminal trials.

2. United Commercial Bank v. Bhim Sain Makhija (Section 27)

In the case of United Commercial Bank v. Bhim Sain Makhija, AIR 1994 Del 181, the issue
revolved around the method of sending a notice as required by statutory rules. The key legal
point established in this case is that when statutory rules mandate that a notice be sent by
"registered post acknowledgment due," sending the notice by "registered post" alone does not
provide the same level of protection and legal presumption.

The court's ruling emphasized that the use of "registered post acknowledgment due" is
specifically required by the statutory rules, and this method ensures that there is concrete proof
of delivery and acknowledgment of the notice by the recipient. When a notice is sent by
"registered post acknowledgment due," it creates a legal presumption that the notice has been
properly served because the acknowledgment receipt confirms the receipt of the notice by the
addressee.

In contrast, sending the notice by "registered post" without the acknowledgment component
does not provide the same level of assurance and does not give rise to the same legal
presumption of service. Therefore, if the statutory rules demand that the notice be sent using
the "registered post acknowledgment due" method, sending it by "registered post" alone may
not be considered as compliant with the rules.

This case highlights the significance of strict adherence to statutory rules and the method of
sending notices as specified. It underscores that when specific requirements are set by law, they
must be followed meticulously to ensure the legal effectiveness and validity of such notices.

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 3. K. Bhaskaran v. Sankaran Vaidhyan Balan (Section 29)
In the case of K. Bhaskaran v. Sankaran Vaidhyan Balan, AIR 1999 SC 3766, the Supreme
Court of India considered the application of Section 29 of The General Clauses Act, 1897. The
case involved a dispute regarding the application of the Kerala Buildings (Lease and Rent
Control) Act, 1965, to premises that were initially covered by the Travancore-Cochin Buildings
(Lease and Rent Control) Act, 1955.

The issue was whether the repeal of the 1955 Act and the introduction of the 1965 Act resulted
in the termination of rights and liabilities under the 1955 Act. The Supreme Court, in this
judgment, applied the principles of Section 29 to hold that the repeal of the old Act did not
extinguish rights and liabilities acquired under it. The rights and liabilities continued, and the
new Act did not affect the pending proceedings or rights already accrued under the previous
legislation.

This case underscores the importance of Section 29 in ensuring the continuity and preservation
of legal rights, privileges, and obligations established under previous enactments even when
new laws are introduced. It sets a precedent for the application of Section 29 in situations
involving the transition from old to new enactments.

4. State of Bihar v. Kameshwar Singh

In the case, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252, the Supreme Court of India
examined the application of The General Clauses Act, 1897, to an ordinance issued by the
Government of Bihar. The dispute revolved around the interpretation of the Bihar Land
Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Ordinance, 1959, and
whether it could be applied retrospectively to the properties of the respondent, Kameshwar
Singh.

The Court considered the provisions of The General Clauses Act, 1897, including Section 30,
to determine the applicability of the ordinance to the case. It was held that the ordinance was
prospective in nature and did not apply retrospectively to the respondent's properties. The
decision involved an analysis of the principles laid out in The General Clauses Act, including
those found in Section 30, in order to understand the temporal applicability of the ordinance.

This case is noteworthy because it demonstrates the application of The General Clauses Act,
including Section 30, in a specific context involving ordinances. It underscores the importance
of the Act's provisions in determining how ordinances should be interpreted and applied in legal
proceedings.

Conclusion
In conclusion, the miscellaneous provisions of the General Clauses Act, 1897, serve as a
foundational framework for the interpretation and application of statutes and regulations in
many countries, including India. These provisions address a wide range of legal considerations,
from the definition of "enactment" to the effects of repealing laws, construction of references,
computation of time, and the power to make rules, regulations, and bye-laws, among others.
They play a pivotal role in promoting legal consistency, fairness, and clarity in various aspects
of the legal system.

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These provisions are essential for ensuring that legal processes and procedures are conducted
in an organized and predictable manner, which is crucial for maintaining the rule of law. They
offer guidance on how to handle repealed laws, the continuation of legal proceedings, and the
delegation of powers. Additionally, they establish principles for gender-neutral language and
the service of legal documents by post, which are practical aspects of the legal process.

Overall, the miscellaneous provisions of the General Clauses Act, 1897, help uphold the
principles of justice, transparency, and accountability in the legal system, contributing to the
effective functioning of the rule of law. These provisions continue to be relevant and are used
as reference points in legal practice to this day.

References/Bibliography
Offline Sources
• “General Clauses Act, 1897” by Justice R. C. Lahoti (published by Universal Law
Publishing Co. Pvt. Ltd.).

Offline Sources
• https://www.konceptca.com/blog/the-general-clauses-act-1897#10
• http://www.bareactslive.com/LCR/LC060.HTM?AspxAutoDetectCookieSupport=1
• https://static.careers360.mobi/media/uploads/froala_editor/files/Part-2-The-General-
Clauses-Act%2C-1897.pdf
• https://getlegalindia.com/general-clauses-act/
• https://indiankanoon.org/

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