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

A State Government notification dated 10 March, published in the Gazette, states that it shall 'come into operation on 1 April'. Another notification, published in the Gazette on 5 June, states nothing about its commencement. Under the General Clauses Act, 1897, which position is correct?

The first notification operates from 1 April, the date it specifies. The second, which specifies no date, operates from the date of its publication in the Gazette. A stated commencement date is respected, and absent one, publication fixes the start.

  1. AThe first operates from 1 April; the second operates from the date of its publication in the Gazette, since no commencement date is givenCorrect
  2. BThe first operates from 10 March; the second operates from 1 April of the next year
  3. CBoth operate only after being laid before the Legislature
  4. DBoth operate from the date of first publication regardless of the dates stated

Explanation

Under the General Clauses Act, 1897, a Central Act or Regulation without a specified date comes into operation on the day it receives assent of the Governor-General or President. A notification is different; it operates from the date it specifies, otherwise from its publication. The first therefore operates from 1 April, and the second from 5 June. The claim that the dates stated are ignored is wrong.

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