GENERAL CLAUSE ACT Additions - CS Executive Notes

GENERAL CLAUSE ACT Additions Dec 2020

 Sec 6A :- Repeal of Act Making Textual Amendment in Act or Regulation

1. When any Central Act or Regulation made after commencement of this Act repeals any enactment.

2. By which the text of Central Act or Regulation was amended by express omission, insertion, Substitution of any matter.

3. Then unless different intention appears repeal shall not affect

4. The continuance of such amendment enactment to repealed and in operation at the time of such repeal.

 Sec 9 :- Commencement & Termination of Time

→ In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for excluding first in series of days or any other period of time to use the word ‘from’ and including the last in the series of days or any other period of time to use word ‘To’.

 Sec 11 :- Measurement of Distance

→For any Central Act or Regulation made after commencement of this act, unless different intention appears distance be measured in a single or horizontal plane.

 Sec 12 :- Duty to be taken Pro-rata in Enactment

→Where by any enactment now in force or here after to be in force, any duty of customs or excise or in nature there of is leviable on any given quantity by weight, measurement or value of any goods then alike duty is leviable according to some rate on any greates or less quantity.

 Sec 13 –

→In all Central Act or Regulation unless there is anything repugnant in the subject or context

1. Word importing the masculine gender shall be taken to included female and

2. Words in singular shall include the plural and vice versa.

 Sec 20 :- Construction of notification Etc issued under enactments

→Where any Central Act or Regulation a power to issue any notification, order, scheme, rule, from or bye-law is conferred then expression used in all these have same respective meaning as in Act or Regulation conferring the power (unless there is anything repugnant).

 Sec 22 :- Making of Rules or Bye laws and issuing of orders between passing &commencement of enactment

→Where any Central Act or Regulation which yet to come in force then power conferred to make rules or bye laws or to issue orders with respect to application of Act then that power may be excercised at any time after passing of Act or Regulation and rules, bye laws, orders so made or issued shall not taken effect tiee the commencement of Act or Regulation.

 Sec 23 :- Provisions applicable for making of rules or bye laws after previons publication

→Where by any Central Act or Regulation power to make rule or bye laws is expressed then certain provisions have to be followed.

1. Authority having power to make rules or bye laws shall before making them publish a draft of proposed rules or bye laws for information of person likely to be affected

2. There shall be a date specified when draft will be considered.

3. Then there will be a second publication of rules and bye laws in official gazette and it shall be conclusive proof.

 Sec 24 :- Continuance of order etc issued under enactment repealed and re-enacted

→Where any Central Act or Regulation is after commencement of this Act repealed or re-enacted then unless it is otherwise expressly provided any appointment, notification, order, scheme, rule, bye laws issued under repealed Act or notification shall continue in force unless it is inconsistent or superceded by new act.

 Sec 25 :- Recovery of Fine

→All fine imposed under any Act will be recovered as per Sec 63 to 70 of IPC and certain provisions of CRPC.

 Sec 26 :- Provision as to offences punishable under two or more enactment

→Where an Act or Ommission constitutes an offence under two enactments the offender may be prosecuted &punished under either of both and not liable to be punished twice for the same offence.

 Sec 27 :- Meaning of service by Post

→Where any Central Act or Regulation made after Commencement of this Act requires any document intention appears service shall be deemed to be effected by proper addressing, pre-paying & posting by registered post.

 Sec 28 :- Citation of enactment

→In any Central Act or Regulation or Rule Bye laws any reference is made of any Act or Regulation, Reference can be made by citing title or Section number or Sub Section of the Enactment.