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CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

A Central Act passed in 2015 provides that a certain act must be done 'within 10 days from the date of the order'. The order is dated 5 May 2024. Under the interpretation rules in the General Clauses Act, 1897 for computing time, which is the correct approach?

Under the General Clauses Act, 1897, when a period is fixed 'from' a date, the first day is excluded. Counting ten days from 6 May ends on 15 May 2024, so the act must be done by that date; the day of the order is not counted.

  1. AThe day of the order is excluded, so the period begins on 6 May and ends on 15 MayCorrect
  2. BThe day of the order is included, so the period ends on 14 May
  3. CThe period ends on 16 May because both the first and last days are excluded
  4. DTen working days are counted excluding Sundays and holidays

Explanation

Where the expression 'from' is used to fix a period, the first day is excluded under the Act's rule for computing time. Counting from 6 May, ten days end on 15 May. Including 5 May gives 14 May, which wrongly counts the first day. The last day is included, so 16 May is wrong.

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