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CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

A Central Act receives assent on 10 March and is silent about its time of commencement, though it is expressed to come into operation on 10 March. Under section 5(3) of the General Clauses Act, 1897, and unless the contrary is expressed, from what moment is it construed to operate?

Unless the contrary is expressed, the Act is construed as operating immediately on the expiration of the day preceding its commencement, so from the end of 9 March, the start of 10 March. Section 5(3) fixes this rule.

  1. AFrom the expiry of 10 March
  2. BFrom the midnight immediately before 10 March, that is, the expiration of 9 MarchCorrect
  3. CFrom noon on 10 March
  4. DFrom the moment the President signs it on 10 March

Explanation

Section 5(3) provides that, unless the contrary is expressed, a Central Act or Regulation is construed as coming into operation immediately on the expiration of the day preceding its commencement. So the Act operates from the end of 9 March, i.e. the start of 10 March. The expiry of 10 March would delay it by a day.

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