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CS Executive JIGL: General Clauses Act, 1897: Definitions and Repeal Mechanics

CS Executive JIGL · Work through your exam, one topic at a time.

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General Clauses Act, 1897: Definitions and Repeal Mechanics

The Act supplies definitions and construction rules for central legislation unless the context otherwise requires; States have parallel Acts.

Key definitions (s.3)

  • Person (s.3(42)): includes any company, association or body of individuals, incorporated or not.
  • Document: any matter written, expressed or described upon any substance.
  • Immovable property: land, benefits arising out of land, and things attached to the earth or permanently fastened.
  • Month/year: reckoned according to the British calendar.
  • Rule: includes regulation and bye-law.

Key provisions

  • s.6: repeal does not revive anything not in force, affect prior rights or liabilities, or affect penalties incurred, unless a contrary intention appears.
  • s.8: references to a repealed enactment in a new Act are read as references to the re-enactment.
  • s.9: an Act commences on the day it receives assent unless otherwise provided.
  • s.10: in computing time, the day from which the period runs is excluded.
  • s.13: official acts may be done by successive officers.
  • s.16: power to appoint includes power to dismiss.
  • s.21: power to issue includes power to amend or annul.
  • ss.26-27: service by post is effected by correctly addressing, pre-paying and posting; service is deemed at the time the letter would arrive in the ordinary course.

Worked example

The officer who cancelled a licence is transferred. Under s.13 the successor continues the proceedings. Notice sent by registered post to the correct address and returned "refused" is deemed served under s.27; the refusal does not defeat it.

Traps

Section 6 does not preserve rights the repealed Act never created; the commencement day is excluded when counting; special Act definitions override the general definitions where the context so demands.