# साधारण खण्ड अधिनियम, 1897 के अन्तर्गत अधिनियमितियों का प्रवर्तन में आना Coming into operation of enactments under the General Clauses Act, 1897:

अधिनियमितियों का प्रवर्तन में आना Coming into operation of enactments

The General Clauses Act, 1897 is an important piece of legislation in India that provides rules for the interpretation of statutes. One of its key provisions deals with the coming into operation of enactments (laws). This helps clarify when a statute or its provisions come into force and how they should be interpreted in terms of their application.

Key Points on "Coming into Operation" of Enactments under the General Clauses Act, 1897:

1. Section 5: Commencement of Act

•             Explanation: Section 5 of the General Clauses Act, 1897, deals with the commencement of an Act. It states that an Act (or a provision of an Act) does not come into force immediately upon its passage, but will come into force on such date as the government may specify in the official gazette.

•             Implication: The date of commencement of an Act or any part of it can be notified separately, and until such notification is made, the Act or provision does not have any effect.

2. Section 6: Continuance of Repealed Acts

•             Explanation: This section provides that any law that is repealed by a later statute will continue to be in force until the repeal becomes effective. The law might also be repealed partially.

•             Implication: The repeal of an enactment does not necessarily result in its immediate cessation. It may continue to apply in certain situations until the new statute is officially brought into operation.

3. Section 7: Power to Appoint Date for Commencement

•             Explanation: Under this section, the President or the Governor may, by notification, specify a date for the commencement of any enactment or provision of an Act.

•             Implication: The commencement date is a matter of executive discretion, and it could be a specific date, a future date, or the date of notification in the official gazette.

4. Section 8: Commencement of Provisions in Parts

•             Explanation: In some cases, an Act may be passed in parts, and provisions may come into operation at different times. Section 8 allows certain parts of an Act to come into operation on different dates.

•             Implication: When an Act consists of multiple parts, the government may notify different commencement dates for different provisions, allowing for a phased implementation.

5. Section 9: Effect of "Repeal" and "Revocation"

•             Explanation: This section clarifies that when an Act is repealed and a new one is enacted, it applies to the same subject matter unless the new Act expressly provides otherwise.

•             Implication: The repealed law may continue to be applicable in situations that occurred prior to the enactment of the new statute. The new statute will specify its application, and until its date of commencement, the old law will apply.

6. Rule of Interpretation (Retroactive Effect)

•             Explanation: Generally, an enactment does not have a retroactive effect unless the statute explicitly states so. The General Clauses Act does not automatically make laws apply to events that occurred before the statute was enacted.

•             Implication: Unless a law specifically mentions that it will apply to actions or events prior to its commencement, it will apply prospectively (from the date of commencement forward).

7. Notification in the Official Gazette

•             Explanation: A statutory instrument, such as a notification regarding the commencement of an Act or provision, is typically published in the Official Gazette.

•             Implication: The notification is the official means of bringing an Act or provision into force, and this notification must be consulted to determine the precise date on which an enactment operates.

Conclusion:

The coming into operation of an enactment under the General Clauses Act, 1897 ensures that there is clarity about when a statute becomes effective. It allows for flexibility in the commencement of laws, provides mechanisms for partial implementation, and ensures that the intention of the legislature is clearly conveyed. The date of commencement, once notified, marks the point at which the provisions of the Act or statute are enforceable.