Enacting Clause - Law Dictionary Search Results
Home Dictionary Name: enacting clauseenacting clause
enacting clause : the clause of an act that formally expresses legislative authorization and usually begins with “Be it enacted” ...
Working funds
Working funds, the words 'working funds', when used in relation to a banking company, are not to be construed in their ordinary popular sense by reference to a dictionary. They have a history of their own and they have acquired a definite meaning. In the Sastri Award made in 1953 in regard to industrial disputes between certain banking companies and their workmen, the words 'working funds' were defined to mean paid-up capital, reserves and the average of the deposits for 52 weeks of each year for which weekly returns of deposits are submitted to the Reserve Bank of India under the provisions of the Reserve Bank of India Act. This is the sense in which they must be deemed to have been used by the legislature when it enacted clauses (ii) and (iii) of the proviso to Item 2 of the Third Schedule, Workmen of National & Grindlays Bank Ltd. v. National & Grindlays Bank Ltd., AIR 1976 SC 611: (1976) 1 SCC 925: (1976) 3 SCR 130...
Rule
Rule, is made in exercise of a power conferred by any enactment; also includes a regulation made as a rule under any enactment. [General Clauses Act, 1897, s. 3(51)]Rule, made under an Act having statutory force, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 539.Means an order or directive issued by a court in a particular proceeding especially upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed, People v. District Court, 797 P 2d 1259 (1990).Rule, under clause [51] of s. 3 of the General Clauses Act, 1897 'rule' means a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment, Sukhdev Singh v. BhagatramSardar Singh Raghuvanshi, AIR 1975 SC 1331: (1975) 1 SCC 421: (1975) 3 SCR 619.Rule shall means a rule made in exercise of a power conferred by any enactment and shall include a regulatio...
Repeal
Repeal, a revocation or abrogation. Repeal of one act of Parliament by another is either express or implied, the rule being that a later Act repeals a former one if contradictory thereto, Leges posteriores priores contrarias abrogant. By s. 11 of the Inter-pretation Act, 1889, re-enacting s. 5 of Lord Brougham's Act (13 Vict. c. 21), where an Act passed after 1850 repeals a repealing enactment, it does not revive any enactment previously repealed. And by s. 38 of the same Act, where any Act passed after January 1st, 1890, repeals and re-enacts any provisions of a former Act, references in any other Act to the provisions so repealed are to be construed as references to the provisions so re-enacted, as had been already specially provided in the consolidating Public Health Act, 1875, by s. 313, and Factory and Workshop Act, 1878, by s. 102, and see R. v. Minister of Health, Ex p. Villiers, (1936) 2 KB 29.Abrogation of an existing law by legislative act, Black's Law Dictionary, 7th Edn., p...
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
Saving clause
Saving clause, denotes a statutory provision exempting from coverage something that would otherwise be included, Black's Law Dictionary, 7th Edn., p. 1344.Saving clause, is inserted in a Bill which seeks to repeal a previous enactment. This clause is placed invariably at the end of the Bill, Parliamentary Practice, Erskine May, 22nd Edn., 2001, p. 494.Means a clause in a bill which seeks to repeal another enactment, it is inserted to protect or save a person as regards the rights which he may have acquired under the repealed enactment and also to protect any action duly done under that Act, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 540....
Enactment
Enactment, The word 'enactment' does not mean the same thing as 'Act'. Act means the whole Act, whereas a s. or part of a s. may be an enactment, Prabodh Verma v. State of Uttar Pradesh, (1984) 4 SCC 251: AIR 1985 SC 167: (1985) 1 SCR 216.An 'enactment' would include any Act or provision contained therein passed by the Union Parliament or the State Legislature, State of Punjab v. Sukh Deb Sorup Gupta, AIR 1970 SC 1641 (1642). [General Clauses Act, (10 of 1897), s. 3(19)]Enactment shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal, Madras or Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid. [General Clause Act, 1897, s. 3(17)]The action or process of making into law, Black's Law Dictionary, p. 546....
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Reading of a Bill
Reading of a Bill, in House of Commons, the three stages through which a Bill passes, are: First Reading, Second Reading and Third Reading. During the first reading only short title is read by the clerk. During second reading there is a wide debate in general application and desirability of measure. Second reading normally takes place on the floor of the House but certain public Bills are referred to Second Reading Committee for consideration in principle. After it the Bill is referred to Standing Committee for detailed examination. Third reading takes place when a Bill is reported from the Committee of the whole House without amendment or when the consideration of a Bill, as amended, is concluded. After the third reading the Bill is reviewed in its final form with amendments earlier made. No debate may takes place. Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 494.In India three readings are done for a Bill for facilitating adequate scrutiny and debate. First reading is the...
Kenyon-Slaney Clause
Kenyon-Slaney Clause, s. 7 (6) of the (English) Education Act, 1902 (2 Ed. 7, c. 42), and is as follows:-(6) Religious instruction given in a public elementary school not provided by the local education authority shall, as regards its character, be in accordance with the provisions (if any) of the trust deed relating thereto, and shall be under the control of the managers: Provided that nothing in this sub-s. shall affect any provision in a trust deed for reference to the Bishop or superior ecclesiastical or other denominational authority so far as such provision gives to the Bishop or authority the power of deciding whether the character of the religious instruction is or is not in accordance with the provisions of the trust deed.The clause was inserted on a motion of Colonel Kenyon-Slaney, M.P. for the Newport division of Shropshire, but the proviso was added by the House of Lords. This clause was repealed and re-enacted by the (English) Education Act, 1921 (11 & 12 Geo. 5, c. 51), s...
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