Special and Local Laws: Section 29, Limitation Act

Many statutes fix their own periods for suits, appeals and applications: election law, arbitration, tax, consumer protection, rent control and others. Section 29 of the Limitation Act decides how the general Act interacts with them. Its central rule in section 29(2) is that section 3 applies to such periods, and sections 4 to 24 apply unless the special or local law expressly excludes them. Much litigation turns on whether a statute has excluded section 5. This note covers each sub-section and the leading cases.

1. The Four Sub-sections

Figure 1: Section 29 at a glance

• s.29(1). Nothing in the Act affects s.25 of the Contract Act, so a written promise to pay a time-barred debt remains enforceable (Topic 17)
• s.29(2). Where a special or local law prescribes for any suit, appeal or application a period different from the Schedule, s.3 applies as if that period were in the Schedule, and ss.4 to 24 apply only so far as they are not expressly excluded by that law.
• s.29(3). Save as otherwise provided in any law on marriage and divorce, nothing in the Act applies to any suit or proceeding under such a law.
• s.29(4). Sections 25 and 26 and the definition of easement do not apply in territories to which the Indian Easements Act, 1882 extends (Topic 21)

2. Section 29(2) in Operation

Figure 2: Applying the Act to a special or local law

• Special and local law. A special law deals with a particular subject; a local law applies only to part of India.
• Vidyacharan Shukla v Khubchand Baghel (1964). A 'different' period includes a period prescribed by a special law for a matter for which the Schedule prescribes no period at all.
• Change from 1908. Under the 1908 Act, only some sections applied to special laws. The 1963 Act applies all of ss.4 to 24, including s.5, unless excluded.
• Courts only. The Act applies to proceedings in courts. Where a special law vests the power in a quasi-judicial authority, the Act does not apply of its own force (Sakuru v Tanaji, 1985), though its principles may (Topic 11)

3. Express or Implied Exclusion

Figure 3: Whether section 5 survives under particular statutes

• Hukumdev Narain Yadav v Lalit Narain Mishra (1974). Even without express words, the provisions of the Act may be excluded where the special law is a complete code whose scheme shows that the Act should not apply. The Representation of the People Act was held to be such a code.
• Mangu Ram v MCD (1976). Under the 1963 Act, s.5 applies to a period in a special law unless expressly excluded; it applied to an application for special leave to appeal against acquittal under the old Code of Criminal Procedure.
• Fixed outer limits. Words such as 'but not thereafter' after a limited condonable window exclude s.5 (Popular Construction, 2001), as do fixed outer limits in tax and regulatory statutes (Hongo India, 2009; Chhattisgarh SEB, 2010)
• Partial exclusion. Excluding s.5 does not exclude every section. In Consolidated Engineering (2008), s.14 was held to apply under s.34(3) of the Arbitration Act even though s.5 does not.

4. Frequently Asked Questions

Does section 5 apply to appeals under special statutes?

Yes, by s.29(2), unless the special law expressly excludes it or its scheme excludes it by necessary implication. It has been held excluded under s.34(3) of the Arbitration Act, s.35H of the Central Excise Act and s.125 of the Electricity Act, but applicable where the statute merely prescribes a period without such words.

Does the Limitation Act apply to divorce petitions?

Not of its own force. Section 29(3) provides that, save as otherwise provided in the law on marriage and divorce, nothing in the Act applies to suits or proceedings under such laws.

Can a statute exclude the Limitation Act without saying so?

Yes. Although s.29(2) speaks of express exclusion, the Supreme Court has held that a special law which is a complete code, with its own scheme of periods and outer limits, may exclude ss.4 to 24 by necessary implication, as in Hukumdev Narain Yadav (1974) and Hongo India (2009).

5. Related Topics

• Topic 25: Limitation under Other Statutes. Arbitration, IBC, consumer, commercial and tax laws.
• Topic 5: Condonation of Delay, Section 5. The section most often excluded.