What is the General Clauses Act?

Table of Contents

GENERAL CLAUSES ACT, 1977. for which, anything is to be done under the Act or Regulation, then that power may be exercised at any time after the passing of the Act or Regulation ; but rules, bye-laws or orders so made or issued shall not take effect till the commencement of the Act or Regulation.

How can the GCA measure distance according to section 11?

11 Measurement of distances. —In the measurement of any distance, for the purposes of any 21 [Central Act] or Regulation made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.

What is the effect of repeal?

The effect of the repeal is to obliterate the statute repealed as completely as if it bad never been passed, and it must be considered as a law which never existed, except for the purposes of those actions or suits which were commenced, prosecuted and con- cluded while it was an existing law.

What is the significance of the General Clauses Act 1897?

The purpose of the General Clauses 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.

Is General Clauses Act 1897 repealed?

THE GENERAL CLAUSES ACT, 1897 THE SCHEDULE Enactments repealed.

In which section of the General Clauses Act the term offense is defined?

(38) “offence” shall mean any act or omission made punishable by any law for the time being in. force; (39) “official Gazette” or “Gazette” shall mean the Gazette of India or the Official Gazette of a.

What are the three methods of distance measurement in surveying?

There are three main types of horizontal or linear distance measurement.

Direct Method.
Optical Method.
Electronic Method.

Which rights are not affected by repeal of statute?

Clause (c) says that the repeal shall not affect “any right, privilege, obligation or liability acquired, accrued or incurred” under the repealed Act. Clause (d) says that it shall not affect “any penalty, forfeiture or punishment incurred in respect of any offence” committed against the Act.

What is repealing act?

Repeal means to revoke, abrogate or cancel particularly a statute. Any statute may repeal any Act in whole or in part, either expressly or impliedly by enacting matter contrary to and inconsistent with the prior legislation. Thus a statute frequently states that certain prior statutory provisions are thereby repealed.

Does General clauses Act apply to Constitution?

Even by its terms, section 8 of the General Clauses Act will not apply to the Constitution, because expression “enactment” (which occurs in section 8) would not take in the Constitution, which is not an “enactment”. The Constitution is supreme and is, in fact, the foundation of all enactments.

What is the consequence of repeal under General clauses Act 1897?

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.

What is the consequence of repeal under General Clauses Act 1897?

Who is a person under the General Clauses Act 1897?

As per Section 2 (42) of the General Clauses Act, 1897, “Person” shall include any company or association or body of individuals, whether incorporated or not. Under section 13 words in the singular prima facie include the plural.

What is the effect of repeal under Section 6 of enactment?

Again, since “enactment” is defined to include also any provision of an Act, section 6 (Effect of repeal) would apply to a case where not only the entire Act is repealed, but also where any provision of an Act is repealed. [State of Punjab Sukh Deo Sarup Gupta A.LR. 1970 SC 1661, 1942, para 3, affirming

What is good faith under General Clauses Act 1897?

The question of good faith under the General Clauses Act, 1897 is one of fact. It is to determine with reference to the facts and circumstances of each case. Thus, anything done with due care and attention, which is not malafide is presumed to have been done in good faith.