Corporate and Other Laws · The General Clauses Act, 1897

General Rules of Construction under the General Clauses Act (Sections 4 to 13)

Updated 4 October 2026 · Fact-checked

Sections 4 to 13 of the General Clauses Act, 1897 give standard rules for reading Central Acts and Regulations: when an Act starts, what repeal does, how to count time, and how gender and number words are read. You solve questions by finding the section, applying its rule, and concluding.

Understand General Rules of Construction (Sections 4 to 13)

The General Clauses Act, 1897 is a ready-made dictionary and rulebook. Instead of repeating the same definitions and rules in every Act, Parliament placed them here. Sections 4 to 13 are the part dealing with general rules of construction, meaning how to read and apply statutes. The definitions themselves sit in Section 3, which is covered on a separate page.

The rules apply to Central Acts and Regulations, unless the subject or context is repugnant to them (or, in some sections, unless a different intention appears). Some sections carry their own date limits. Section 4 extends the Section 3 definitions of listed words in two groups. The words in Section 4(1) apply to Central Acts made after 3 January 1868 and Regulations made on or after 14 January 1887. The words in Section 4(2) apply to Central Acts and Regulations made on or after 14 January 1887. Section 9 also applies to Central Acts made after 3 January 1868 and Regulations made on or after 14 January 1887. Section 10 also applies to Central Acts and Regulations made on or after 14 January 1887. Section 6 applies to Central Acts and Regulations made after the commencement of the General Clauses Act. The repugnancy condition is the key one. If the specific Act says something different, or the context demands a different meaning, the specific Act wins.

The rules group into six themes.

Application: Section 4 applies the Section 3 definitions of listed words to Central Acts and Regulations within the date limits above, unless there is anything repugnant in the subject or context.
Commencement: The Act has a rule on when a Central Act comes into operation. If the Act does not name a commencement date, it comes into operation on the day it receives assent. Unless the contrary is expressed, an Act is read as coming into operation immediately on the expiry of the day before its commencement, which means from the first moment of the commencement day.
Repeal: Section 6 protects past rights, liabilities and proceedings when an Act is repealed. Section 6A says that where an Act that made a textual amendment (express omission, insertion or substitution) is repealed, the amendment stays in operation, unless a different intention appears. A separate rule deals with revival: a repealed enactment is revived only if the later Act expressly states that purpose. So repealing a repealing Act does not, by itself, bring the original law back. Another rule says that a reference to a repealed enactment that has been re-enacted is read as a reference to the re-enacted provision.
Time: Section 9 says that using the word 'from' excludes the first day and using the word 'to' includes the last day. Section 10 deals with computation of time where the last day is a day the court or office is closed.
Distance and duties: Distances are measured in a straight line on a horizontal plane, unless a different intention appears. Where a customs or excise duty is leviable on a given quantity, a like duty is leviable at the same rate on a greater or lesser quantity.
Language: Section 13 on gender and number.

The common thread is certainty. A reader should not have to guess whether a day is counted, whether a repealed law still affects past acts, or whether "he" includes a woman. Exam questions test whether you can apply these rules to a small fact pattern.

Key rules to remember

Overriding condition: General Clauses Act rules apply unless the subject or context is repugnant; Always state this. A specific Act or clear context can displace the general rule. Some sections use the wording 'unless a different intention appears' instead.
Section 4 (definitions and date limits): Listed Section 3 definitions apply also to Central Acts and Regulations within the date limits, unless there is anything repugnant in the subject or context; Section 4(1) words apply to Central Acts made after 3 January 1868 and Regulations made on or after 14 January 1887. Section 4(2) words apply to Central Acts and Regulations made on or after 14 January 1887.
Commencement of a Central Act: No commencement date given: the Central Act operates from the day it receives assent. Unless the contrary is expressed, it operates immediately on the expiry of the day preceding its commencement; If the Act names a commencement date or says it will be notified, that provision governs. Unless the contrary is expressed, operation starts from the first moment of the commencement day.
Section 6 (effect of repeal): Repeal shall not revive anything not in force at the time of repeal, nor affect the previous operation of the repealed enactment, any right, privilege, obligation or liability acquired, accrued or incurred, any penalty, forfeiture or punishment, or any investigation, legal proceeding or remedy; Unless a different intention appears. Past acts and pending proceedings are saved. Such proceedings may be instituted, continued or enforced, and penalties imposed, as if the repealing Act had not been passed.
Revival of repealed enactments: To revive a repealed enactment, wholly or partly, the later Act must expressly state that purpose; So repeal of a repealing Act does not revive the original law unless the revival is expressly stated.
Repeal and re-enactment: A reference to a repealed provision that has been re-enacted is read as a reference to the re-enacted provision; Applies unless a different intention appears.
Section 9 (computing time): Exclude the first day; include the last day; The Act says it is sufficient to use the word 'from' to exclude the first day of a period and the word 'to' to include the last day.
Section 10 (holiday on last day): If a Central Act or Regulation prescribes a day or period for doing an act in a court or office and that court or office is closed on the last day, the act is in time if done on the next day it is open; It applies only to acts to be done in a court or office that is closed on the last day. It does not apply to acts to which the Limitation Act applies.
Distance and pro rata duty: Distance is measured in a straight line on a horizontal plane. A duty leviable on a given quantity is leviable at the same rate on a greater or lesser quantity; The distance rule applies unless a different intention appears. The pro rata rule concerns customs and excise duties.
Section 13 (gender and number): Masculine includes feminine; singular includes plural, and the reverse; Applies unless there is anything repugnant in the subject or context.

How to solve General Rules of Construction (Sections 4 to 13) questions

Use this method for any fact-based or theory question on Sections 4 to 13. It follows the provision, facts, conclusion pattern that earns step marks.

1Read the facts and identify the theme: commencement, repeal, time, or gender and number.
2Name the section that governs that theme and write the rule in plain words.
3Check the condition: is the statute a Central Act or Regulation, and does anything in the subject or context contradict the rule?
4Apply the rule to the facts one step at a time. For time questions, write the starting date, drop the first day, then count to the last day.
5For repeal questions, list what is saved (rights, liabilities, penalties, pending proceedings) and check if the repealing Act shows a different intention.
6State the conclusion in one clear sentence that answers the exact question asked.
7In MCQs, match the key words in the question to the rule and eliminate options that reverse the rule.

Quickest way: Rule-trigger shortcut for MCQs and short answers

When to use it: Use it when you have under two minutes for a question or when an MCQ gives four close options.

Spot the trigger word: 'repeal' points to Section 6, 'revive' to the revival rule (express words needed), 'days or months from' to Section 9, 'holiday' to Section 10, 'he' or 'persons' to Section 13.
Recall the one-line rule: repeal saves past rights; revival must be express; exclude first day; next open day; masculine includes feminine.
Eliminate options that reverse the rule, such as counting the first day or saying repeal wipes out pending cases.
Look for 'unless the context otherwise requires' as the safe exception when two options seem right.
For written answers, use three lines: Provision, Facts applied, Conclusion. Add the section number only if sure.

Common mistakes in General Rules of Construction (Sections 4 to 13)

Counting the first day when computing time under Section 9.
Everyday counting starts from the day itself.
Fix: Write 'exclude first day' before counting. Then include the last day.
Saying repeal of an Act ends all pending proceedings.
Students think a repealed law no longer exists for any purpose.
Fix: Recall Section 6: repeal does not affect rights, liabilities, penalties or proceedings begun earlier, unless the repealing Act shows a different intention.
Applying the General Clauses Act rules as absolute.
Students memorise the rule and forget the condition.
Fix: Always add 'unless the subject or context is repugnant' and check the facts for any contrary provision.
Applying Section 10 to every time period.
Students remember 'holiday' and apply it without checking the type of act.
Fix: Use Section 10 only where the act is to be done in a court or office that is closed on the last day, and not where the Limitation Act applies.
Thinking 'he' in a Central Act excludes women.
Literal reading of the word.
Fix: Apply Section 13: masculine includes feminine and singular includes plural, unless context says otherwise.
Thinking repeal of a repealing Act automatically brings back the original law.
Students assume two repeals cancel each other.
Fix: Recall the revival rule: revival needs an express statement of that purpose in the later Act.
Quoting section numbers from memory when unsure.
Sections 4 to 13 include a lettered section like 6A that is easy to mix up.
Fix: Anchor on the main sections: 6, 9, 10 and 13. If unsure of another number, state the rule without it.

Worked examples

Example 1

A Central Act requires a person to file an application 'within 30 days from 10 March'. Using the General Clauses Act, 1897, find the last day for filing. Assume no contrary context.

Show the solution

Provision: Under Section 9, in a period fixed with 'from', the first day is excluded and the last day is included.
Facts: The period starts from 10 March, so 10 March is excluded. Counting begins on 11 March.
Days left in March after the 10th: 31 − 10 = 21 days, so 11 March to 31 March is day 1 to day 21.
Remaining days: 30 − 21 = 9 days, so April 1 to April 9 are day 22 to day 30.
The thirtieth day is 9 April, and it is included.

Answer: The last day for filing is 9 April. If 9 April is a day the relevant office or court is closed, Section 10 would allow filing on the next day it opens.

Example 2

An Act is repealed and replaced by a new Act. Before the repeal, a person had committed an offence under the old Act, and an investigation had begun. The repealing Act is silent on past matters. Can the person be proceeded against after the repeal?

Show the solution

Provision: Section 6 says that, unless a different intention appears, repeal does not affect the earlier operation of the repealed law or anything duly done under it.
It also saves any right, obligation, liability, penalty or punishment incurred under the repealed law, and any investigation or legal proceeding for them.
Facts: The offence was committed before repeal and the investigation had started.
The repealing Act shows no contrary intention, because it is silent.
Therefore the liability is saved and the investigation and proceedings may be continued, and the penalty imposed, as if the repealing Act had not been passed.

Answer: Yes. Under Section 6, the person can still be investigated and punished for the offence committed before repeal, since the repealing Act shows no different intention.

Exam tips

Memorise the four anchor sections: 6 for repeal, 9 for time, 10 for holidays, 13 for gender and number. Most questions come from them.
For time questions, show every counting step. Even if the final date is wrong, step marks are possible.
In repeal questions, list what is saved before concluding. Examiners look for this list.
Write the condition 'unless the subject or context is repugnant' in theory answers. It shows full understanding.
In MCQs, treat options that say repeal wipes out past liabilities or that the first day is counted as likely wrong.

Practice questions from The General Clauses Act, 1897

General Rules of Construction (Sections 4 to 13): frequently asked questions

What does Section 6 of the General Clauses Act say about repeal?

It says that unless a different intention appears, repeal does not revive anything not in force, and does not affect past operation, rights, liabilities, penalties or proceedings under the repealed law. In short, past matters are saved. The repealing Act can override this by showing a different intention.

How do you compute time under Section 9?

Where a period is fixed from a certain day, exclude that first day and include the last day. Count from the next day forward. If the last day falls on a closed office or court day for an act to be done there, Section 10 allows the next open day.

Does Section 13 mean 'he' also covers women?

Yes. Unless the subject or context is repugnant, words importing the masculine gender include females. Likewise, the singular includes the plural and the plural includes the singular.

Do these rules apply to every statute?

They apply to Central Acts and Regulations as covered by the General Clauses Act, 1897. Even then, they give way if the subject or context of the specific statute is inconsistent with them.