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

A Central Act receives assent on 10 March and says it comes into force 'on 15 March', with no contrary intention expressed. Under Section 5(3) of the General Clauses Act, 1897, from what moment does it operate?

It operates immediately on the expiration of 14 March, the day before the stated commencement. Section 5(3) of the General Clauses Act, 1897 treats an Act as operating from the end of the preceding day unless a contrary intention is expressed.

  1. AFrom the expiry of 15 March
  2. BFrom the moment of assent on 10 March
  3. CFrom the first moment of 16 March
  4. DImmediately on the expiration of 14 MarchCorrect

Explanation

Section 5(3) says that, unless the contrary is expressed, a Central Act is construed as coming into operation immediately on the expiration of the day preceding its commencement. The commencement day is 15 March, so the preceding day is 14 March, and the Act operates from the expiry of 14 March, which is the start of 15 March. Expiry of 15 March would wrongly postpone it by a day.

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