CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897
A Central Act passed in 2015 provides that it shall come into force 'on such date as the Central Government may notify'. The Government notifies the date as 1 July 2016. Under the General Clauses Act, 1897, from which point of time does the Act operate on that date?
The Act operates from the first moment of 1 July 2016. The General Clauses Act provides that an Act comes into operation immediately on the expiry of the day preceding its commencement day, so the commencement day itself is fully covered.
- AFrom the first moment of 1 July 2016, i.e. immediately on the commencement of that dayCorrect
- BFrom the midnight ending 1 July 2016
- CFrom the date of the Presidential assent in 2015
- DFrom the date the notification is published in the Gazette, whichever is later than 1 July 2016
Explanation
Under the General Clauses Act, a Central Act or Regulation comes into operation immediately on the expiration of the day preceding its commencement day. So an Act commencing on 1 July 2016 operates from the first moment of that day. The midnight ending 1 July option wrongly pushes it to the end of the day.
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