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

A statute provides that an authority 'shall give notice within ten days after the meeting'. The meeting was held on 5 June and the authority gave notice on 15 June. A dispute arises on whether the time was properly computed. Under the General Clauses Act, 1897, what is the correct approach?

The notice is in time. Under the General Clauses Act the first day, here 5 June, is excluded when time is reckoned from a day, so the ten days run from 6 June to 15 June. Notice given on 15 June therefore falls on the last permitted day.

  1. AInclude 5 June, so the last day is 14 June and the notice is late
  2. BExclude 5 June, the day of the meeting, so the last day is 15 June and the notice is in timeCorrect
  3. CExclude 5 June but count only working days, making the last day later than 15 June
  4. DTime runs from the date of the minutes being signed, not from the meeting

Explanation

Section 9 provides that in a Central Act, where a period is counted from or after a day, the first day is excluded. Excluding 5 June, day one is 6 June and day ten is 15 June, so notice on 15 June is within time. Including 5 June is the mistake that makes it late. Working days are not mentioned in the statute.

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