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CA Intermediate · Corporate and Other Laws · Interpretation of Statutes

A Central Act, effective from a notified date, empowers the Government to make rules. The Act says nothing about when it comes into operation other than that it 'shall come into force on such date as the Central Government may notify'. The Act received the President's assent on 10 March, and the Government notified 1 July as its commencement date. Under the General Clauses Act, 1897 and the settled position, from when does the Act operate?

The Act operates from 1 July. The assent-date default under the General Clauses Act applies only when the Act gives no commencement date. Here the Act itself leaves the date to a Central Government notification, so the notified date of 1 July governs.

  1. AFrom 10 March, the date of assent
  2. BFrom 1 July, the notified date, as the Act specifies its commencement through notificationCorrect
  3. CFrom 1 January of the year of assent
  4. DFrom the date of first publication of the rules

Explanation

The General Clauses Act default, that a Central Act comes into operation on the day it receives the President's assent, applies only where no other commencement is provided. Here the Act itself delegates the date to a notification, so it operates from the notified date, 1 July. Option 0 applies the default despite the express provision.

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