Second chapter of my assignment

Chapter name: Key provision relevant to Interpretation.

Purpose of this Chapter: In this part i tried to discuss various provisions of the General
Clauses Act. This discussion will analyze how this Interpretation Act helps the court to
interpret statutes [Link] and Case reference of India and Bangladesh given
which will more helpful to understand application of section.
Section 6 outlines that Where this Act, or any Act of Parliament or Regulation made after
the commencement of this Act, repeals any enactment hitherto made or hereafter to be
made, then, unless a different intention appears, the repeal shall not-
(a) revive anything not in force or existing at the time at which the repeal takes effect.
Example: suppose, Penal code 1860 was repealed in 1960. This new law replace penal
code 1860 from 1960. In 2025 subsequent law(1960 new law) was also repealed this does
not mean that panel code 1860 will be enforced again cause it is already repealed.
(b) affect the previous operation of any enactment so repealed or anything duly done
or suffered thereunder
Example: A licence was issued in 2022 under an old [Link] 2025 new law enacted and
previous law repealed. In this case the licence issued in 2022 remains valid. It is not
canceled just because the law changed
( c) affect any right, privilege, obligation or liability acquired, accrued or incurred
under any enactment so repealed
Example:A company owed tax for 2023 under the old [Link] of old act in 2025 does
not erase the tax liability of the company
(d)affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against any enactment so repealed.
Example: suppose a person committed and offence under the Penal code 1860 in
[Link] in 2025 penal code is [Link] the punishment given under the Penal
Code will be remain in effect
(e) affect any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
Example: suppose a case was filed in 2015 under penal code for taking [Link]
started investigation to look for root [Link] 2017 a new law passed regarding the bribe
offence. Here the repeal of penal code section does not stop the investigation process of
police

Some case decision regarding the application of this section is given:Section 6- Benefit
of section 6- When not available?- As the Indemnity Ordinance, 1975 having been
declared void under Articles 7(2) and 26(2) of the Constitution, the benefit of section 6 of
the General Clauses Act is not available to those persons who claim any benefit or legal
right out of the said Ordinance. Shahriar Rashid Khan Vs. Bangladesh, represented by
the Secretary, Ministry of Law and Parliamentary Affairs and others, 2 BLC
[Link] Kazi Ebadul Haque in Jamir Ali and others v. Secretary, Ministry of
Land and others said that "Section 6 of the General Clauses Act, 1897 provides that
unless a different intention appears in the repealing Act that repeal of any enactment shall
not affect any investigation, legal proceeding or remedy in respect of such right, privilege,
obligations, liability, penalty, forfeiture or punishment as aforesaid and any such
investigation, legal proceedings or remedy may be instituted, continued or enforced and
any such penalty, forfeiture or punishment may be imposed as if the repealing Act or
Regulation had not been passed.”

Section 7 provides that if a law has been repealed it cannot come into force automatically.
If a parliament or the authority wants to revive that repealed law (wholly or partly) the new
act or regulation must clearly and expressly state the intention to revive that earlier law

Example: Law ‘C’ was enforced in 2020 later in 2021 law ‘C’ was repeal [Link] in
2025 few section of law ‘C’ wanted to bring by Parliament now. Parliament has to express
their intention in new act why they bring some part of repealed law ‘C’

Court decision: In Syed Shamsuddin v. Munira

Begum court held that "Where an Act is repealed and
the repealing enactment is then repealed by another,
which manifests no intention, that the original Act
shall continue repealed, the common law rule was
that the repeal of the second Act revived the first ab
initio and not merely from the passing of the reviving
Act.... Where an Act repealing in whole, or in part, a
former Act, is itself repealed, the last repeal does not
now revive the Act, or provisions before repealed,
unless words be added reviving them.”

section 9 states that in any Act of Parliament or Regulation made after the commencement
of the Act, using the word "from" is sufficient to exclude the first day or period of time,
and using the word "to" is sufficient to include the last day or period of time.

Example: A suspension order says an employee is suspended for 7 days from 5th June.
Here count begins from 6th June and the end date is 12th June

Srinivas Silk Mills v. State of Mysore High court held that "The word
'from' is akin to 'after' and if the word 'from' is used for the purpose of
and in reference to the computation of time, as for example, from a
stated date, it is prima facie excluded from computation.”

Section 14 state that where buy any act of Parliament or regulation made after the
commencement of this act any power is conferred than unless a different intention appears
that power maybe exertside from time to time as occasion require
In more simply we can say that the primary purpose of this section is to clarify that a
legal power, such as the authority to make rules, issue orders, or make appointments, does
not expire after being used once. It is a continuous power that can be exercised whenever a
relevant occasion or need arises.
Example:If the government of a country give
power to city Corporation to issue trade licence
then city corporation can issue it in every
occasion unless the law says otherwise
Case decision:National Sewing Thread Co. Ltd.,
Chidambaram v. Tames Chadwick and Brothers
Ltd. Supreme court of India held that "It is a
well-known rule of construction that when a
power is conferred by a statute, that power may be
exercised from time to time when occasion arises
unless a contrary intention appears.

Section 15 deals with the power to [Link] state that when an act grants powered
to appoint someone to an office the appointing authority can appoint by name or by virtue
of office.
Example: if a law allow the
government to appoint a member to a
health committee the government may
choose person like doctor Arif by name
or they may say the chief medical
officer will be the member(by virtue of
office) that means who ever hold the
chief medical officer post will be
automatically selected unless the law
says otherwise
Case decision: Thankappan Achari v.
Union of India Court held that"The principles of section 15 of the General Clauses Act is
helpful in holding that where there is a power to appoint a person to execute certain
functions, such appointment may be made either by name or by virtue of office and the
authority to a designated class of officers is not invalid.”

Section 16 states that by any act of Parliament or regulation a power to make any
appointment is conferred than unless a different intention appears the authority having
power to make appointment shall also have the power to suspend or dismiss him
Example:If the ministry of public administration appoint someone as an assistant
commissioner the ministry also has the power to suspend or dismiss that officer if
misconduct or negligence is proof
Case decision:In Umashankar Shukla v. B.R. Anand High of Madhya Pradesh held that
"Section 16 of the General Clauses Act statutorily enacts the rule of general law that the
authority entitled to appoint a servant is also competent to suspend or dismiss him but the
section has not the effect of providing that this servant who has been suspended will not be
entitled to his pay. In the absence of any other provision depriving the servant of his pay, he
will be entitled to his full emoluments during the period of suspension.
Section 18 states that any act of Parliament or regulation made after the commencement of
this act,it shall be sufficient for the purpose of indicating the relation of a law to the
successor of any functionaries or of Corporation,having perpetual succession to express its
relation to the functionaries or Corporation.
Example: A law the director of health department shall supervise vaccination program in
the [Link] the director is temporary assigned to another duty or location or take
temporary leaves for any reasonable purpose the officer performing the function of the
director at that time automatically has the authorities to supervise
Court decision: Rehman v. Corporation of the City of Nagpur the Bombay High Court
decided that if the Government appoints an administrator in a municipality or municipal
corporation due to the vacancy or absence of the post of chairman or mayor or for any
other reason, then the acts done by the said administrator should be considered as a
continuation of the acts done by the chairman or mayor.

Section 19 states that for any act of Parliament or

regulation made after the commencement of this act it
is sufficient to refer to the chief or superior of an
office when prescribing duties,as the law will also
apply to deputies or sub ordinates lawfully performing
duties under the office of superior.
Example: The director of Secondary Education shall
inspect all Government High Schools every year but
in a year it appears that the director general is sick
and he takes a few days leave for an operation of eye.
now in that year Deputy Director has to perform the
duty of director to inspect the high school cause the
law also apply to him as he worked under the
authority of director
Court decision: Waliul Bari Chowdhury v. District
Magistrate, Kustia justice F.K.M Munim held that
"Additional District Magistrate can Magistrate,
Kushtia and others lawfully perform functions of the
District Magistrate in authenticating a declaration

That was my second part of [Link] this part I

discussed some important sections of General Clauses Act,
1897 and evaluated how these sections help the court in
interpreting different laws consistently.