CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes
A Central Act passed by Parliament does not state any date on which it is to come into operation. Under the General Clauses Act, 1897, on which day does it come into operation?
The Act comes into operation on the day it receives the President's assent. Under Section 5(1) of the General Clauses Act, 1897, where a Central Act names no commencement date, assent is the starting point, not Gazette publication or parliamentary passage.
- AThe day it is published in the Official Gazette
- BThe day it receives the assent of the PresidentCorrect
- CThe day it is passed by the second House of Parliament
- DThe first day of the next financial year
Explanation
Section 5(1) provides that where a Central Act does not specify a commencement day, it comes into operation on the day it receives assent. For an Act of Parliament, that assent is the President's. Gazette publication and passage by the House are not the trigger under this rule.
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