CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897
A Central Act passed in 2023 provides that it shall come into force on 1 April 2024 and is silent about the exact time of the day. A dispute arises about whether an act done at 10 a.m. on 31 March 2024 is governed by it. Under the General Clauses Act, 1897, what is the position regarding commencement?
The Act comes into operation at the commencement of 1 April 2024, the day named for its start. Under the General Clauses Act, the stated day begins the operation from its first moment, so an act done on 31 March 2024 is not governed by the new Act.
- AThe Act came into operation immediately on the day it received the President's assent in 2023
- BThe Act comes into operation at the commencement of 1 April 2024, so the act done on 31 March 2024 is not governed by itCorrect
- CThe Act comes into operation at the midnight ending 1 April 2024
- DThe Act comes into operation at noon on 1 April 2024
Explanation
Under the General Clauses Act, a Central Act or Regulation, unless a different intention appears, comes into operation on the day it is stated to commence, that is, from the beginning of that day. Hence the Act operates from the first moment of 1 April 2024, and an act done on 31 March 2024 falls outside it. The midnight-ending option wrongly delays commencement by a day.
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