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- s.8: references to a repealed enactment in a new Act are read as references to the re-enactment.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Section 6 does not preserve rights the repealed Act never created; the commencement day is excluded when counting; special Act definitions override the general definitions where the context so demands.