Here are multiple-choice questions (MCQs) with answers and explanations on the General Clauses Act, 1897 :
Q1. The General Clauses Act, 1897, was enacted for which of the following purposes?
a) To define certain terms used in various laws
b) To provide uniformity in the interpretation of statutes
c) To establish procedures for law-making
d) Both a and b
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Answer: d) Both a and b
Explanation: The General Clauses Act, 1897, was enacted to consolidate and extend certain rules for the interpretation of laws in India. It defines terms and provides uniformity in statutory interpretation, ensuring consistency across legislation.
Q2. Under the General Clauses Act, 1897, which of the following definitions is correct for “immovable property”?
a) Includes standing timber, growing crops, and grass
b) Does not include standing timber, growing crops, or grass
c) Includes only buildings and lands
d) Includes movable property attached to the earth
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Answer: b) Does not include standing timber, growing crops, or grass
Explanation: According to Section 3(26) of the General Clauses Act, “immovable property” does not include standing timber, growing crops, or grass. These are excluded as they are considered severable from the land.
Q3. When a Central Act or Regulation is repealed under the General Clauses Act, 1897, which provision ensures the continuation of actions taken under the repealed law?
a) Section 4
b) Section 6
c) Section 8
d) Section 12
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Answer: b) Section 6
Explanation: Section 6 of the General Clauses Act, 1897, provides that unless expressly stated otherwise, the repeal of a law does not affect the previous operation of the law or anything done or suffered under it. This ensures the continuity of actions taken under the repealed statute.
Q4. Which section of the General Clauses Act, 1897, deals with gender and number in statutes?
a) Section 7
b) Section 8
c) Section 13
d) Section 14
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Answer: c) Section 13
Explanation: Section 13 of the General Clauses Act, 1897, states that in statutes, words importing the masculine gender shall include the feminine gender, and words in the singular shall include the plural and vice versa unless there is anything repugnant in the context.
Q5. Which provision of the General Clauses Act, 1897, allows for the computation of time?
a) Section 10
b) Section 11
c) Section 9
d) Section 12
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Answer: c) Section 9
Explanation: Section 9 of the General Clauses Act, 1897, provides the rules for the computation of time. It states that in any law or legal document, when a time period is prescribed, the first day is excluded, and the last day is included unless it is a public holiday.
Q6. Which section of the General Clauses Act, 1897, defines “Government”?
a) Section 2
b) Section 3
c) Section 5
d) Section 6
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Answer: b) Section 3
Explanation: Section 3 of the General Clauses Act, 1897, provides definitions of various terms, including “Government,” which refers to the Central Government or the State Government, as the case may be, depending on the context of the statute.
Q7. Under the General Clauses Act, 1897, what happens if a specific Act provides its own definition of a term that conflicts with the definition in the General Clauses Act?
a) The definition in the General Clauses Act prevails
b) The specific Act’s definition prevails
c) Both definitions are applied simultaneously
d) The court decides which definition to use
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Answer: b) The specific Act’s definition prevails
Explanation: If a specific Act provides its own definition for a term, that definition takes precedence over the definition in the General Clauses Act, 1897, as per the principle of lex specialis derogat legi generali (special law overrides general law).
Q8. According to the General Clauses Act, 1897, “Indian law” includes:
a) Only Acts of Parliament
b) Acts of Parliament, ordinances, regulations, and statutory rules
c) Acts passed by State Legislatures
d) Customary laws and unwritten principles
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Answer: b) Acts of Parliament, ordinances, regulations, and statutory rules
Explanation: The term “Indian law” as used in the General Clauses Act, 1897, encompasses all laws made by the Indian Parliament, ordinances, regulations, and statutory rules that are in force in India.
Q9. Section 10 of the General Clauses Act, 1897, provides guidance on which of the following?
a) Computation of time when the last day falls on a holiday
b) Interpretation of definitions
c) Rules for statutory repeal
d) Recovery of fines or penalties
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Answer: a) Computation of time when the last day falls on a holiday
Explanation: Section 10 of the General Clauses Act, 1897, states that if the last day for performing an act falls on a holiday, the act can be done on the next working day. This provision ensures practicality in adhering to statutory deadlines.
Q10. Which section of the General Clauses Act, 1897, deals with the effect of repeals on the penalties incurred under the repealed law?
a) Section 4
b) Section 6
c) Section 9
d) Section 12
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Answer: b) Section 6
Explanation: Section 6 of the General Clauses Act, 1897, specifies that the repeal of a law does not affect any penalty, forfeiture, or punishment incurred under the repealed law unless the repealing Act explicitly states otherwise.