Bombay General Clauses Act, 1904, (Maharashtra) Section 10 - Bare Act

StateMaharashtra Government
Year1904
Section Title Commencement and Termination of Time
Act Info:

(1) In any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from" and, for the purpose of including the last in a series of days or any other period of time, to use the word, "to".

(2) This section applies also to all Bombay Acts made before the commencement of this Act.

NOTES

The two parts of section 10(1) of the Bombay General Clauses Act, 1904 are independent. It is not as if the section applies only when the Legislature has used both the expression 'from' and 'to'.- Gopal Raghunath v. Govind Pandurang, I. L. R. 1953 Bom. 431 : AIR 1953 Bom. 198 : 55 Bom. L. R. 50.

Word "From" having been used on date of notification was published would have excluded while calculating period of one month. Section 63 of the Maharashtra Municipal .Councils, Nagar Panchayats and Industrial Townships Act, 1965 envisages that applications has to be filed within a period not more than "one month" the date of notification of the election result. When expression "from" is used in section 63(2B) the same would necessarily mean that the first date in a series of date or period of time will have to be excluded in view of section 10 of the Bombay General Clauses Act, 1904.-Ravi s/o Anandilal Umre & Ors. v. Collector, Wardha & Anr.; Pradeep Sinha s/o Ujgar Sinha Thakur & Anr., 2008 (3) Mah. L.J. 758.

The section which clearly provides a fix period of seven days and also provide from starting point "the date of receipt of notice will have to be excluded while competing the period of seven days under the provisions of section 10 of the Bombay General Clauses Act.- Seema Ashok Kamble v. Collector, Pune&Ors., 2008 (3) Mah. L.J. 781; See also Prabhakar Madhav Jadhav v. State of Maharashtra, 2003 (2) Bom. C.R. 871.

______________________

1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.