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Report No. 60

1.2. Reference to the Commission.-

Revision of the General Clauses Act was referred to a previous Law Commission in 1959 by the Ministry of Law1 (Legislative Department). The Commission commenced a study of the subject, and had to consider one important preliminary question2 relating to the effect of revision of the Act on the operation of Article 367(1) of the Constitution. This question was, after considerable discussion, settled, and the way was cleared for proceeding with a revision of the Act. In due course, a draft Report containing tentative proposals on the subject was prepared, and approved for circulation, and circulated by the previous Commission for comments to State Governments, High Courts, Bar Associations and other interested persons and bodies.

But the work of finalising the draft Report was not concluded and so, the report on this subject was not forwarded by the Commission to the Government. Since this problem has remained with the Commission for quite some time, we thought that we should now take up the task, as the more urgent matters, which claimed our attention during the last two years or more, have now been dealt with, and our Reports in respect of them have been forwarded to the Government.

The Member-Secretary to the Commission prepared for our consideration a fresh draft Report, after a study of the Act and also after taking into account the comments received on the proposals of the earlier Commission. This draft Report was treated by us as a working paper for our discussion. We ought to add that we have examined the Act section by section, and have considered the question whether any section requires to be amended or revised, or any new provision requires to be added.

1. 28th September, 1959.

2. Paras. 1.27 to 1.31, infra.

General Clauses Act, 1897 Back

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