Tuesday, September 22, 2015

COMMENCEMENT OF A STATUTE

COMMENCEMENT OF A STATUTE :

Commencement, used with reference of an act, means the day on which the act comes

into force. Unless provided otherwise, a central act comes into operation on the day it receives

the Presidential assent and is construed as coming into operation immediately on the expiration

of the day preceding its commencement. Thus, if a central act is assented to by the President

on 26th January at 10.30 a.m., it would be construed to have come into operation on the mid-

night between 25th and 26th January.

Under the various state general clauses acts a state act comes into force on the day

when the assent of the Governor or the President, as the case may be, is first published in the

Official Gazette of the state.

An act cannot be said to commence or to be in force unless it is brought into operation

by legislative enactment or by the exercise of authority by a delegate empowered to bring it into

operation.

An act not applicable to an area or a state cannot be made to apply there by judicial fiat

but if a provision in such an act embodies a principle of justice, equity or good conscience the

principle so embodied may be applied to a case arising from an area or state to which the act

does not extend, if the fact situation of the case so requires.