General Clauses Act 1897: Key Provisions

The General Clauses Act 1897 is the interpretation statute for Central Acts. It defines words used across the statute book, fixes how time is computed, settles the effect of repeal, and supplies powers that every statute would otherwise need to repeat. Through Article 367 it also applies to the Constitution. Many of its provisions have been discussed in earlier topics; this note gathers the key provisions in one place.

1. Object and Application

Object. To shorten the language of Central Acts and secure uniformity of interpretation by providing common definitions and rules.
Application. It applies to all Central Acts and Regulations, and to rules and orders made under them, unless there is anything repugnant in the subject or context.
The Constitution. Under Article 367(1) it applies to the interpretation of the Constitution (Topic 26)
State Acts. Most States have their own General Clauses Acts on similar lines.

2. Key Definitions in Section 3

Selected definitions

Figure 1: Selected definitions

Good faith, s.3(22). A thing is done in good faith where it is in fact done honestly, whether done negligently or not; contrast the stricter definition in the criminal law, which requires due care and attention.
Person, s.3(42). Includes any company, association or body of individuals, whether incorporated or not.
Immovable and movable property, s.3(26) and (36). Immovable property includes land, benefits arising out of land and things attached to the earth; movable property is property of every description except immovable property.

3. The Key Sections

Sections examined most often

Figure 2: Sections examined most often

Commencement, repeal and continuance

Section 5. A Central Act with no fixed date comes into operation on the day of assent, from the beginning of that day (Topic 20)
Sections 6 to 8 and 24. Effect of repeal, repeal of amending Acts, revival only by express words, references to re-enacted provisions, and continuance of rules and orders (Topic 22)

Time

Section 9. In a series of days or other period, the word from excludes the first day, and the word to includes the last day.
Section 10. Where an act is to be done in a court or office within a prescribed period and the last day falls when it is closed, the act is in time if done on the next day it is open.

Gender, number and powers

Section 13. Words importing the masculine gender include females, and the singular includes the plural and vice versa, unless the context requires otherwise.
Sections 14 and 16. Powers may be exercised from time to time; a power to appoint includes a power to suspend or dismiss (Topic 24)
Section 21. A power to issue notifications, orders, rules or bye-laws includes a power to add to, amend, vary or rescind them in the like manner. In Indian National Congress (I) v Institute of Social Welfare (2002) the Supreme Court held that s.21 does not extend to quasi-judicial orders, so registration of a political party could not be cancelled under it.

Offences and service

Section 26. Where an act is an offence under two or more enactments, the offender may be prosecuted and punished under either, but not twice for the same offence, reflecting Article 20(2).
Section 27. Where a document is to be served by post, service is deemed effected by properly addressing, pre-paying and posting it by registered post, at the time it would be delivered in the ordinary course, unless the contrary is proved.

⚠ Exam trap

Remember the section numbers precisely: s.3 definitions (good faith 22, person 42), s.5 commencement, s.6 effect of repeal, s.9 'from' and 'to', s.10 court closed on the last day, s.13 gender and number, s.21 power to amend or rescind (not for quasi-judicial orders), s.26 offences under two enactments, s.27 service by post. Note that 'good faith' in the GCA turns on honesty alone, unlike the criminal law definition.

4. Frequently Asked Questions

What is the object of the General Clauses Act 1897?

It was enacted to shorten the language of Central Acts and to secure uniformity in their interpretation, by providing common definitions and rules on matters such as commencement, repeal, computation of time, gender and number, and powers. It applies unless the subject or context of a particular Act requires otherwise, and through Article 367 it also applies to the interpretation of the Constitution.

Can the power under Section 21 be used to cancel any order?

No. Section 21 allows an authority that issues notifications, orders, rules or bye-laws to add to, amend, vary or rescind them in the same manner. But in Indian National Congress (I) v Institute of Social Welfare (2002) the Supreme Court held that it does not apply to quasi-judicial orders, so an order registering a political party could not be cancelled by invoking it.

5. Related Topics

Topic 22: Repeal of Statutes. Sections 6 to 8 and 24 in detail.
Topic 24: Statutes Conferring Powers. Sections 14, 16 and 21 in context.