Section 10A in The Industrial Disputes Act, 1947

 

10A. Voluntary reference of disputes to arbitration.-

(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.

(1A) 4 Where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.

(2) An arbitration agreement referred to in sub- section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed.

(3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the conciliation officer and the appropriate Government shall, within 1 one month from the date of the receipt of such copy, publish the same in the Official Gazette.

(3A) 2 Where an industrial dispute has been referred to arbitration and the appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may, within the time referred to in sub- section (3) issue a notification in such manner as may be prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.

(4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be.

(4A) 2 Where an industrial dispute has been referred to arbitration and a notification has been issued under sub- section (3A), the appropriate Government may, by order, prohibit the continuance of any strike or lock- out in connection with such dispute which may be in existence on the date of the reference.

(5) Nothing in the Arbitration Act, 1940 (10 of 1940 ), shall apply to arbitrations under this section.

Section 15 in The Industrial Employment (Standing Orders) Act, 1946: Power to make rules

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15. Power to make rules.—

(1) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may—

(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;

(b) set out model standing orders for the purposes of this Act;

(c) prescribe the procedure of Certifying Officers and appellate authorities;

(d) prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders;

(e) provide for any other matter which is to be or may be prescribed: Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.

(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 

State amendment Maharashtra: Gujarat.—In section 15, in sub-section (2),—

(a) in clause (a), after the words “standing orders”, insert the words “or amendments”;

(b) in clause (d), for the words “copies of standing orders entered in the register of standing orders”, substitute “copies of standing orders or model standing orders together with all the amendments filed in the register under section 8”. 

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Section 11A in The Industrial Disputes Act, 1947

 Section as it is in the bare Act:

11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.

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Article 226 Power of High Courts to issue certain writs

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226. Power of High Courts to issue certain writs

(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose

(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and

(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated

(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32

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Article 227 Power of superintendence over all courts by the High Court

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227. Power of superintendence over all courts by the High Court

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction

(2) Without prejudice to the generality of the foregoing provisions, the High Court may

(a) call for returns from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor

(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces

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One person may sue or defend on behalf of all in same interest O1 R8

Code of Civil Procedure

Rule 8 of Order I of CPC

¹[8. One person may sue or defend on behalf of all in same interest.—(1) Where there are numerous persons having the same interest in one suit,—

(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested;

(b) the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested.

(2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the Court in each case may direct.

(3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule (1), may apply to the Court to be made a party to such suit.

(4) No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's expense, notice to all persons so interested in the manner specified in sub-rule (2).

(5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit.

(6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for whose benefit, the suit is instituted, or defended, as the case may be.

Explanation.— For the purpose of determining whether the persons who sue or are sued, or defend, have the same interest in one suit, it is not necessary to establish that such persons have the same cause of action as the persons on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as the case may be.]

Foot note:

1. Subs. by Act 104 of 1976, s. 52, for rule 8 (w.e.f. 1-2-1977).

 

Commentaries:

Order I, Rule 8 provides that persons may be impleaded in representative capacity where they are in large number but having the same interest with the provision of the court. [1][2]

Authorities:

[1] Diwakar Shrivastava & Ors. V. State of Madhya Pradesh & Ors, AIR 1984 SC 468

[2] http://www.nja.nic.in/16%20CPC.pdf

Commission for scientific investigation O26 R10A

The detailed provisions for issuing commands under Section 75 of CPC are set forth in Order 26 Rule-10A of CPC [1] which are as under;

"Rule 10A- Commission for scientific investigation-(1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice as to do, issue a Commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.

(2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9."

 

Commentaries:

A perusal of the rule shows that a discretion has been vested in the Civil Court to get any scientific investigation (Section 75 Clause (e)) conducted only if it needs necessary or expedient in the ends of justice. The basic rationale of this provision is that the Commission is going to held in extracting the truth. There is established procedure known to law that the Commissioner's report form part of the record and the same becomes evidence as a whole in the suit.[1]

It is not safe for a Court to act as an expert and to overrule the elaborate report of a Commissioner whose integrity and carefulness is unquestionable whose careful and laborious execution of task was proved by his report and who had not blankly adopted the assertions of either party.[1] 

Report of a commission appointed by the Court is entitled to be accepted in its entirety as an evidence under Section 45 of the Evidence Act. 

An order passed in the incidental proceedings will have a direct bearing on the result of the suit. [1]

Commissioner whose integrity is unquestionable his elaborate report cannot be overruled by the Court. [1] [2]

A document can be sent to the experts for examination and opinion about the date of printing and the period when it was circulated.[1][3]

Authorities:

[1] The Sunni Central Board Of Waqfs ... vs Gopal Singh Visharad [Allahabad High Court]

[2] AIR 1924 Cal.620, Amrita Sundari Versus Munshi

[3] In 2006 (4) Bom LR 336 Bapu Dhopndi Devkar v. S. Najaokar

Environment Protection Act 1986

What is the objective of the Environment Protection Act 1986?

a) To implement decisions taken at the UN Conferences on Human Environment in Stockholm, 1972

b) To take appropriate steps in protection and improvement of human environment.

c) To prevent hazards to human being, living creatures, plans and property.

d) All of the above è

Explanation:

The Act covers all forms of pollution; air, water, soil and noise. It provides the safe standards for the presence of various pollutants in the environment.

It prohibits the use of hazardous material unless prior permission is taken from the Central Government.

The objective of EPA is to protect and improve the environment and environmental conditions.

It also implements the decisions made at the UN Conference on Human Environment that was held in Stockholm in the year 1972, to take strict actions against all those who harm the environment.

The EPA empowers the Centre to “take all such measures as it deems necessary” in the domain of environmental protection.

Under the law, it can coordinate and execute nationwide programmes and plans to further environmental protection.

It can mandate environmental quality standards, particularly those concerning the emission or discharge of environmental pollutants.

This law can impose restrictions on the location of industries.

The law gives the government the power of entry for examination, testing of equipment and other purposes and power to analyse the sample of air, water, soil or any other substance from any place.

The EPA explicitly bars the discharge of environmental pollutants in excess of prescribed regulatory standards.

There is also in place a specific provision for handling hazardous substances, which is prohibited unless in compliance with regulatory requirements.

The Act empowers any person, apart from authorised government officers, to file a complaint in a court regarding any contravention of the provisions of the Act.

The chief aims and objectives of the Environment Protection Act, 1986 are listed below.

1) Implementing the decisions made at the United Nations Conference on Human Environment held in Stockholm.

2) Creation of a government authority to regulate industry that can issue direct orders including closure orders.

3) Coordinating activities of different agencies that are operating under the existing laws.

4) Enacting regular laws for the protection of the environment.

5) Imposing punishments and penalties on those who endanger the environment, safety and health. For each failure or contravention, the punishment includes a prison term of up to five years or a fine of up to Rs. 1 lakh, or both. This can also be extended for up to seven years in cases.

6) Engaging in the sustainable development of the environment.

7) Attaining protection of the right to life under Article 21 of the Constitution.

==============

The term Environment is defined under section _ of the Environment Protection Act 1986:

(a) 2(a) è

(b) 2(b)

(c) 2(aa)

(d) 2(c)

Definition of environment:

Environment includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property;

==============

The Environment Protection Act was enacted in the year ______________ .

(a) 1988 (b) 1986 è

(c) 1991 (d) 1987

============

The Indian Parliament enacted the Environment Protection Act in the year ______.

(a) 1981 (b) 1986 è

(c) 1984 (d) 1982

=========

Which Section defines 'Environment Pollutant' under the Environment (Protection) Act, 1986?

A. Sec. 2(a)

B. Sec.2(b) è

C. Sec.2(c)

D. Sec.2(d)

Environmental pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment;

===============

Environment Protection Act is legislated in

A. 1974

B. 1972

C. 1986 ==>

D. 1984

===============

Environment has been defined as_________under the Environment Protection Act, 1986 –

a. ‘Environment’ includes water, air, land and the inter-relationship that exists between water, air and land and other human beings, other living beings, plants, micro-organisms and property è

b. ‘Environment’ includes water, air and land and the inter-relationship which exists between water, air and land and other human beings.

c. ‘Environment’ includes water, air and land and the inter-relationship with one another

d. ‘Environment’ includes water, air and land and human beings, other living creatures, plants, microorganisms and property.

=============

As per Sec. 2 (a) of The Environment (Protection) Act, 1986 Environment refers to:

a. water, air and land;

b. the inter- relationship which exists among and between water, air and land, and human beings, è

c. other living creatures, plants, micro-organism and property;

d. Animals & plants

=============

Central Ganga Authority (CGA) came into existence under the Environment Protection Act 1986, headed by the Prime Minister of India.

=====================

The Environment Protection Act, 1986 passed in May 1986, it came in to force on:

a. 1 April 1986

b. 1 July 1986

c. 19 November 1986 è

d. 1 January 1987

===========

The definition of ‘environmental pollution’ under the Environment (Protection Act) is:

(a) Any pollution of air, water and soil

(b) The presence of any solid, liquid or gaseous substance in the environment that causes injuries to man

(c) The presence in the environment of any environmental pollution è

(d) Any pollution in land, sea and air.

As per Section 2(c) of the Environment (Protection Act), 1986 ‘environmental pollution’ means the presence in the environment of any environmental pollutant;

=============

In the light of definition of “Environment pollutant” Environment Protection Act, 1986, which one of the following statements is not correct:

(a) Environment pollutant is any substance or preparation which may, by reason of its chemical or physio-chemical properties or handling is liable to cause harm

(b) Environmental pollutant is any solid, liquid or gaseous substance present in such concentration as may be or tend to be injurious to environment

(c) Environment pollutant is a substance, which is poisonous, hazardous and injurious to human safety

(d) Environment pollutant is a substance which is chemically explosive contagious, destructive or non-reactive and non-useful for the living being on earth è=

===========

Supersession of SPCB by State Government

 A State Board under Water Act may be superseded by the

A. State Government è

B. Central Government

C. High Court of that state

D. Supreme Court

Explanation:

62. Power of State Government to Supersede State Board.

(1) If a any time the state Government is of opinion -

(a) that the State Board has persistently made default in the performance of the functions imposed on it by or under this Act; or

State board is superseded by the State Government in case of default in performance by the board.

(b) that circumstances exist which render it necessary in the public interest so to do, the State Government may, be notification in the Official Gazette, supersede the State Board for such period, not exceeding one year, as may be specified in the notification :

Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objection, if any, of the State Board.

To supersede the board state government has to give reasonable opportunity to the board to show cause why it should not be superseded and also explanations and objections may be given in reply by the board.

To Supersede the board the state Government has to publish a notification in the Official Gazette of the state. Board cannot be superseded for more than a period of one year after publication of such notification.

(2) Upon the publication of a notification under sub-section (1) superseding the State Board, the provisions of sub-sections (2) and (3) of section 61 shall apply in relation to the supersession of the State Board as they apply in relation to the suppression of the Central Board or a Joint Board by the Central Government.

Same procedure given in the Section 61 of the Act will be applicable for reconstitution of the board.

After publication of notification to supersede the board

a) all members of the board will vacate their offices

b) state government may appoint and empower person or persons to perform the functions and duties, which may be performed or discharged by the board until the reconstitution of the board.

c) all property owned and controlled by the board will be vested in the state Government until the board is reconstituted.

If board is not reconstituted after one year of notification of supersede then the state government can extend the period of supersession for not exceeding six months or reconstitute as given in clause (b) of Section 61(3)

Any person who vacated his office due to supersession shall not be deemed disqualified for nomination or appointment. The board will be reconstituted by the nomination or appointment of new members.

Central Water Laboratory

Under which provision, the Central Government can establish a ‘Central Water Laboratory’ under Water Act?

A. Sec 51 è

B. Sec 52

C. Sec 16

D. Sec 17

Explanation:

A. Sec 51=

Section 51 in The Water (Prevention and Control of Pollution) Act, 1974

51. Central Water Laboratory.—

(1) The Central Government may, by notification in the Official Gazette,—

(a) establish a Central Water Laboratory; or

(b) specify any laboratory or institute as a Central Water Laboratory, to carry out the functions entrusted to the Central Water Laboratory under this Act.

(2) The Central Government may, after consultation with the Central Board, make rules prescribing—

(a) the functions of the Central Water Laboratory;

(b) the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratory’s report thereunder and the fees payable in respect of such report;

(c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

Section 51(1) of the Water (Prevention and Control of Pollution) Act, 1974 provides for the establishment of the Central Water Laboratory by the Central Government. Central Government can specify any laboratory or institute as Central Water Laboratory.

Section 52(2) of the Water (Prevention and Control of Pollution) Act, 1974 provides that the State Government may take consultation with the Central Pollution Control Board and prescribe the rules for functioning of the central water laboratory, procedure for submitting the samples for testing or analysis, format of the report, fees for the testing or analysis, etc.

Samples of water or sewage or trade effluent may be submitted at the state water laboratory for testing or analysis.

 

B. Sec 52 = State Water Laboratory

C. Sec 16 = Functions of Central Board.

D. Sec 17 = Functions of State Board.

================

Supersession of the Board by Central Government

The Central Board or Joint Board under Water Act may be superseded by the

A. State Government

B. Central Government è

C. High Court

D. Supreme Court

Explanation:

Superseded = general definition is ‘take the place of (a person or thing previously in authority or use); supplant.’

Section 61 in The Water (Prevention and Control of Pollution) Act, 1974

61. Power of Central Government to supersede the Central Board and Joint Boards.—

(1) If at any time the Central Government is of opinion—

(a) that the Central Board or any Joint Board has persistently made default in the performance of the functions imposed on it by or under this Act; or

If central board or joint board made default in performance of the functions imposed on it then the Central Government can take place of the board. (board includes central board or joint board as the case may be)

(b) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Central Board or such Joint Board, as the case may be, for such period, not exceeding one year, as may be specified in the notification:

Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the Central Government shall give a reasonable opportunity to the Central Board or such Joint Board, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Central Board or such Joint Board, as the case may be.

To supersede the board central government has to give reasonable opportunity to the board to show cause why it should not be superseded and also explanations and objections may be given in reply by the board.

To Supersede the board the Central Government has to publish a notification in the Official Gazette. Board cannot be superseded for more than a period of one year after publication of such notification.

(2) Upon the publication of a notification under sub-section (1) superseding the Central Board or any Joint Board,—

(a) all the members shall, as from the date of supersession vacate their offices as such;

(b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or discharged by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) be exercised, performed or discharged by such person or persons as to Central Government may direct;

(c) all property owned or controlled by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) vest in the Central Government.

After publication of notification to supersede the board

a) all members of the board will vacate their offices

b) central government may appoint and empower person or persons to perform the functions and duties, which may be performed or discharged by the board until the reconstitution of the board.

c) all property owned and controlled by the board will be vested in the Central Government until the board is reconstituted.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may—

(a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or

If board is not reconstituted after one year of notification of supersede then the central government can extend the period of supersession for not exceeding six months or reconstitute as given in clause (b) of Section 61(3)

(b) reconstitute the Central Board or the Joint Board, as the case may be, by fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause (a) of sub-section (2) shall not be deemed disqualified for nomination or appointment:

Provided that the Central Government may at any time before the expiration of the period of supersession, whether originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section.

Any person who vacated his office due to supersession shall not be deemed disqualified for nomination or appointment. The board will be reconstituted by the nomination or appointment of new members.

Internal aids for interpretation of statute

 Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s discuss about internal aids used to interpret a statute.

Internal aids for interpretation of statute:

The preamble, title, heading, marginal notes, punctuation, illustrations, definitions, proviso, explanation etc. are considered as internal aids for interpretation of statute. All these things are incorporated in a bare Act.

Preamble of the Act:

Preamble is a recital to the intent of the legislature as it enumerates the mischief to be remedied. By a long catena of decisions, it is now well settled that preamble is not a part of enactment. In India, it is well settled in the field of constitutional law that the preamble to the Constitution of India and Directive Principles of State Policy are the guidelines for interpreting the constitutional provisions.

Whenever there is a reasonable doubt about the provisions in the statute, it is permissible to refer to the heading of the provision for interpreting the section.

Marginal Notes:

Insofar as marginal notes inserted in the legislation itself are concerned, they are also treated as guidelines for interpreting the statutes. In the case of the Indian Constitution, the marginal notes have been enacted by the Constituent Assembly and hence they may be referred to for interpreting the Articles of the Constitution. If the words used in the enactment are clear and unambiguous, the marginal note cannot control the meaning, but in case of ambiguity or doubt, the marginal note may be referred.

Illustrations

In many statutes, especially, penal statutes, enacted in the olden times, it is the practice of the legislature to give illustrations. The illustrations cannot be used either to cut down or extend the scope of the section.

Long title and short title:

It is now settled that Long Title of an Act is a part of the Act and is admissible as an aid to its construction. The long title which often precedes the preamble must be distinguished with the short title. The long title is taken along with the preamble or even in its absence is a good guide regarding the object, scope or purpose of the Act. The short title being only an abbreviation for purposes of reference is not a useful aid to construction.

Headings:

The view is now settled that the Headings or Titles prefixed to section or group of sections can be referred to in construing an Act of the Legislature. But conflicting opinions have been expressed on the question as to what weight should be attached to the headings. Only in the case of ambiguity or doubt the heading or sub-heading may be referred to as an aid in construing the provision but even in such a case it could not be used for cutting down the wide application of the clear words used in the provision. The heading prefixed to section or sets of sections in some modern statutes are regarded as preambles to those sections. They cannot control the plain words of the statute but they may explain ambiguous words.

Punctuations

‘Punctuation’ means to mark with points and to make points with usual stops. It is the art of dividing sentences by point or mark. Punctuation is considered as a minor element in the construction of statutes. Text book writers comment that English Court pay little or no attention to punctuation while interpreting the statutes. The same is not the cases in Indian Courts. If a statute in question is found to be carefully punctuated, punctuation may be resorted for the purpose of construction.

Schedules:

Another important internal aid is the schedule or schedules appended to a statute. It forms part of the statute and it can be interpreted independently as well as with the aids of interpretation of statutory provision.

Illustrations:

Illustrations appended to a section form part of the statute and although forming no part of the section, are of relevance and value in the construction of the text of the section and they should not be readily rejected as repugnant to the section.

It would be the very last resort of construction to make this assumption. The great usefulness of the Illustrations which have, although not part of the sections, been expressly furnished by the Legislature as helpful in the working and application of the statute should not be thus impaired.

Definitions or interpretation clauses:

Definitions in an Act are to be applied only when there is nothing repugnant in the subject or context, and this is so even if such a qualifying provision is not expressly stated by the legislature. The definition must ordinarily determine the application of the word or phrase defined; but the definition itself must first be interpreted before it is applied. When the definition of a word gives it an extended meaning, the word is not to be interpreted by its extended meaning every time it is used, for the meaning ultimately depends on the context; and a definition clause does not, ordinarily enlarge the scope of the Act.

Proviso:

As a general rule, a proviso is added to an enactment to qualify or create an exception to what is in the enactment and ordinarily, a proviso is not interpreted as stating a general rule.

The proviso is subordinate to the main section. A proviso does not enlarge an enactment except for compelling reasons. Sometimes an unnecessary proviso is inserted by way of abundant caution. A proviso may sometimes contain a substantive provision.

Explanation:

It does not ordinarily enlarge the scope of the original section which it explains, but only makes the meaning clear beyond dispute.

Non-obstante clause:

A section sometimes begins with the phrase ‘notwithstanding anything contained etc.’ Such a clause is called a non obstante clause and its general purpose is to give the provision contained in the non obstante clause an overriding effect in the event of a conflict between it and the rest of the section.

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List of Reference

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Schedules

 Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s discuss use of Schedules in interpretation of statutes.

Schedules:

Another important internal aid is the schedule or schedules appended to a statute. It forms part of the statute and it can be interpreted independently as well as with the aids of interpretation of statutory provision.

Schedules form part of a statute. They are at the end and contain minute details for working out the provisions of the express enactment. The expression in the schedule cannot override the provisions of the express enactment.

If the Act says that the schedule is to be used for a certain purpose and the heading of the part of the schedule in question shows that it is prima facie at any rate devoted to that purpose, then the Act and the schedule must be read as if the schedule were operating for that purpose only. If the language of a clause in the schedule can be satisfied without extending it beyond for a certain purpose, in spite of that, if the language of the schedule has in its words and terms that go clearly outside the purpose, the effect must be given by them and they must not be treated as limited by the heading of the part of the schedule or by the purpose mentioned in the Act for which the schedule is prima facie to be used. One cannot refuse to give effect to clear words simply because prima facie they seem to be limited by the heading of the schedule and the definition of the purpose of the schedule contained in the Act.

In Ramchand Textile v. Sales Tax Officer, A.I.R. 1961, All. 24, the Allahabad High Court has held that, if there is any appearance of inconsistency between the schedule and the enactment, the enactment shall prevail. If the enacting part and the schedule cannot be made to correspond, the latter must yield to the former.

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Non-obstante clause

Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s discuss how is non-obstante clause useful in interpretation of statute and its construction?

Non-obstante clause:

A section sometimes begins with the phrase ‘notwithstanding anything contained etc.’ Such a clause is called a non obstante clause and its general purpose is to give the provision contained in the non obstante clause an overriding effect in the event of a conflict between it and the rest of the section. Thus, there is generally a close relation between the non obstante clause and the main section and in case of ambiguity the non obstante clause may throw light on the scope and ambit of the rest of the section. If, however, the enacting part is clear and unambiguous, its scope cannot be whittled down by the use of the non obstante clause.

This phrase i.e. ‘notwithstanding anything in’ is in contradiction to the phrase ‘subject to’.

Judgments:

Aswini Kumar v. Arabinda Bose 1953 SCR 1 : AIR 1952 SC 369 : 1952 SCJ 568

The Supreme Court observed that: “the non obstante clause can reasonably be read as overriding ‘anything contained’ in any relevant existing law which is inconsistent with the new enactment, although the draftsman had primarily in his mind a particular type of law as conflicting with the new Act. The enacting part of a statue must, where it is clear, be taken to control the non obstante clause where both cannot be read harmoniously; for, even apart from such a clause, a later law abrogates earlier laws clearly inconsistent with it. While it may be true that the non obstante clause need not necessarily be co-extensive with the operative part, there can be no doubt that ordinarily there should be a close approximation between the two.”

 It was further observed that: “It should first be ascertained what the enacting part of the section provides on a fair construction of the words used according to their natural and ordinary meaning, and the non obstante clause is to be understood as operating to set aside as no longer valid anything contained in relevant existing laws which is inconsistent with the new enactment.”

Kanwar Raj v. Pramod [1955] 2 SCR 977 : AIR 1956 SC 105 : 1956 SCJ 134

It was held: The operative portion of the section which confers power on the Custodian to cancel a lease or vary the terms thereof is unqualified and absolute, and that power cannot be abridged by reference to the provision that it could be exercised ‘notwithstanding anything contained in any other law for the time being in force.’ This provision is obviously intended to repel statutes conferring rights or leases, and cannot prevail as against them and has been inserted ‘ex abundant cautela’. It cannot be construed as cutting down the plain meaning of the operative portion of the section.

The enacting part of a statute must, where it is clear, be taken to control the non obstante clause where both cannot be read harmoniously; for even apart from such clause, a later law abrogates earlier laws clearly inconsistent with it.

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Explanation

Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s discuss how is explanation useful in interpretation of statute and its construction?

Explanation:

IN certain provisions of an Act explanations may be needed when doubts arise as to the meaning of the particular section. Explanations are given at the end of each section and it is part and parcel of the enactment.

The object of an Explanation to a statutory provision is-

(a) to explanation the meaning and intendment of the Act itself,

(b) where there is any obscurity or vagueness in the main enactment, to clarify the same so as to make it consistent with the dominant object which it seems to subserve,

(c) to provide an additional support to the dominant object of the Act in order to make it meaningful and purposeful,

(d) an Explanation cannot in any way interfere with or change the enactment or any part thereof but where some gap is left which is relevant for the purpose of the Explanation, in order to suppress the mischief and advance the object of the Act it can help or assist the court in interpreting the true purport and intendment of the enactment, and

(e) it cannot, however, take away a statutory right with which any person under a statute has been clothed or set at naught the working of an Act by becoming an hindrance in the interpretation of the same.

It does not ordinarily enlarge the scope of the original section which it explains, but only makes the meaning clear beyond dispute.

An explanation, normally, should be so read as to harmonise with and clear up any ambiguity in the main section and should not be so construed as to widen the ambit of the section. It is also possible that an explanation may have been added ex abundanti cautela to allay groundless apprehension.

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Proviso

Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s discuss how is proviso useful in interpretation of statute and its construction?

Proviso:

A proviso merely carves out something from the section itself. A proviso is a subsidiary to the main section and has to be construed in the light of the section itself. Ordinarily, a proviso is intended to be part of the section and not an addendum to the main provisions. A proviso should receive strict construction. The court is not entitled to add words to a proviso with a view to enlarge the scope.

“When one finds a proviso to a section the natural presumption is that, but for the proviso, the enacting part of the section would have included the subject-matter of proviso”. In the words of Lord Macmillan: “The proper function of a proviso is to except and to deal with a case which would otherwise fall within the general language of the main enactment, and its effect is confined to the case”.

A distinction is said to exist between the provisions worded as ‘proviso’, ‘exception’ or ‘saving clause’. ‘Exception’ is intended to restrain the enacting clause to particular cases; ‘proviso’ is used to remove special cases from the general enactment and provide for them specially; and ‘saving clause’ is used to preserve from destruction certain rights, remedies or privileges already existing.

The proper function of a proviso is to except and to deal with a case which would otherwise fall within the general language of the main enactment and its effect is confined to that case. It is a qualification of the preceding enactment which is expressed in terms too general to be quite accurate. As a general rule, a proviso is added to an enactment to qualify or create an exception to what is in the enactment and ordinarily, a proviso is not interpreted as stating a general rule. Normally, a proviso does not travel beyond the provision to which it is a proviso. It craves out an exception to the main provision to which it has been enacted as a proviso and to no other.

The proviso is subordinate to the main section. A proviso does not enlarge an enactment except for compelling reasons. Sometimes an unnecessary proviso is inserted by way of abundant caution. A proviso may sometimes contain a substantive provision.

A construction placed upon a proviso which brings it into general harmony with the terms of section should prevail. The normal function of a proviso is to except something out of the enactment or to qualify something enacted therein which but for the proviso would be within the purview of the enactment.

Judgments

Mullins v. Treasury of Survey 1885 (5) QBD 170 : AIR 1961 SC 1596 : AIR 1965 SC 1728

As was stated in Mullins v. Treasury of Survey, when one finds a proviso to a section the natural presumption is that, but for the proviso, the enacting part of the section would have included the subject-matter of the proviso. The proper function of a proviso is to except and to deal with a case which would otherwise fall within the general language of the main enactment and its effect is confined to that case. It is a qualification of the preceding enactment which is expressed in terms too general to be quite accurate.

State of Punjab & Anr. v. Ashwani Kumar & Ors, AIR 2009 SC 186

"If the language of the enacting part of the statute does not contain the provisions which are said to occur in it you cannot derive these provisions by implication from a proviso."

S. Sundaram Pillai v. V.R. Pattabiraman AIR 1985 SC 582 : (1985) 1 SCC 591

Coming to the interpretation of proviso and explanation, we may refer to a well known judgment of the Supreme Court in S. Sundaram Pillai v. V.R. Pattabiraman. After exhaustively referring to the earlier case law on scope and interpretation of a proviso as well as explanation to a section, the Supreme Court laid down as under: A proviso may serve four different purposes:

(1) qualifying or excepting certain provisions from the main enactment;

(2) it may entirely change the very concept of the intendment of the enactment by insisting on certain mandatory conditions to be fulfilled in order to make the enactment workable;

(3) it may be so embedded in the Act itself as to become an integral part of the enactment and thus acquire the tenor and colour of the substantive enactment itself; and

(4) it may be used merely to act as an options addenda to the enactment with the sole object of explaining the real intendment of the statutory provision.

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Definitions or interpretation clauses

Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s discuss how are definitions useful in interpretation of statute and its construction?

Definitions or interpretation clauses:

It is common to find in statutes “definitions” of certain words and expressions used elsewhere in the body of the statute. The object of such a definition is to avoid the necessity of frequent repetitions in describing all the subject-matter to which the word or expression so defined is intended to apply. A definition section may borrow definitions from an earlier Act and definitions so borrowed need not be found in the definition section but in some provisions of the earlier Act. The definition of the words given must be construed in the popular sense. Internal aid to construction is important for interpretation.

The definition section may itself be ambiguous and may have to be interpreted in the light of the other provisions of the Act and having regard to the ordinary connotation of the word defined. A definition is not to be read in isolation. It must be read in the context of the phrase which it defines, realising that the function of a definition is to give precision and certainty to a word or a phrase which would otherwise be vague and uncertain but not to contradict or supplement it altogether.

In construing a provision of law as to its mandatory nature, the intention of the legislature and the consequences that would flow from the construction thereof one way or the other have to be kept in view. Definitions do not take away the ordinary and natural meaning of the words, but as used:

(i) to extend the meaning of a word to include or cover something, which would not normally be covered or included; and

(ii) to interpret ambiguous words and words which are not plain or clear.

The definition must ordinarily determine the application of the word or phrase defined; but the definition itself must first be interpreted before it is applied. When the definition of a word gives it an extended meaning, the word is not to be interpreted by its extended meaning every time it is used, for the meaning ultimately depends on the context; and a definition clause does not, ordinarily enlarge the scope of the Act.

A court should not lay down a rigid definition and crystallize the law, when the legislature, in its wisdom has not done so. It is ordinarily unsafe to seek the meaning of words used in an Act, in the definition clause of other statutes even when enacted by the same legislature; but where a word or phrase used in an Act, is used in another Act which is in pari material and the word is not defined in that other Act, then the word may be given the meaning given in the first Act.

Definitions in an Act are to be applied only when there is nothing repugnant in the subject or context, and this is so even if such a qualifying provision is not expressly stated by the legislature. It goes without saying that interpretation of a word or expression must depend on the text and the context. The resort to the word ‘includes’ by the legislature often shows the intention of the legislature that it wanted to give extensive and enlarged meaning to such expression. Sometimes, however, the context may suggest that word ‘includes’ may have been designed to mean ‘means’. The setting, context and object of an enactment may provide sufficient guidance for interpretation of the word ‘includes’ for the purposes of such enactment.

The words ‘that is to say’ are not words of restriction. They are words of illustration, and the instances that follow operate as a guide for interpretation.

If the words ‘means’ or ‘means and includes’ are used it affords a exhaustive explanation of the meaning which, for the purposes of the Act, must inevitably be attached to those words or expressions. If the word ‘denotes’ is used it has the same significance as ‘includes’.

If the word ‘deemed to be’ is used it creates a fiction and a thing is treated to be that which in fact it is not.

If a special definition of a word or phrase is set out in an Act, the meaning of this word or phrase as given in such definition should normally be adopted in the interpretation of the statute. In the absence of such a definition, the General Clauses Act, 1897 which enacted the statute should be referred to. If the word is not defined there also, the rules of interpretation would come into play.

Judgments:

Dilworth v. Stamps Commissioners 1899 AC 99 : (1895-99) All ER Rep Ext 1576 (PC)

The following observations of Lord Watson in Dilworth v. Stamps Commissioners, in the context of use of “include” as a word of extension has guided this Court in numerous cases: “... But the word ‘include’ is susceptible of another construction, which may become imperative, if the context of the Act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the words or expressions defined. It may be equivalent to ‘mean and include’, and in that case it may afford an exhaustive explanation of the meaning which, for the purposes of the Act, must invariably be attached to these words or expressions.”

South Gujarat Tiles Manufacturers Assn. V. State of Gujarat, (1976) 4 SCC 601 : 1977 SCC (L&S) 15

The meaning of the said expression has been considered by a three Judge Bench of this Court in South Gujarat Tiles Manufacturers Assn. V. State of Gujarat, wherein this Court has observed: “Now it is true that ‘includes’ is generally used as a word of extension, but the meaning of a word or phrase is extended when it is said to include things that would not properly fall within its ordinary connotation.”

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