Bangladesh University of Business and Technology

Assignment on General Clauses Act 1897: "Law of all laws" - A Critical

Analysis of its Implementation
Course Code: LAW 627
Course Title: General Clauses Act & Interpretation of Statutes
Department: Department of Law and Justice

Submitted to:
Name: Minhajul Abedin Chowdhury
Designation: Assistant Professor
Department of Law and Justice
Submitted by:
Name: Rehnuma Tabassum Munami
ID: 20212105035
Intake: 43
Section: 01
Date of Submission: 9th July 2023
 Table of Contents

1. Abstract

2. Introduction

3. The General Clauses Act, 1897

4. Implementation of the General Clauses Act in Bangladesh

5. Critical Analysis of the General Clauses Act

6. Conclusion

7. Bibliography

1.Abstract:
The General Clauses Act 1897 is a vital piece of legislation that provides a
framework for the interpretation and application of laws in Bangladesh. As the
"Law of all laws," it plays a crucial role in ensuring consistency and coherence
in legal proceedings. This critical analysis examines the implementation of the
General Clauses Act 1897 in Bangladesh, focusing on its adoption, challenges
faced, effectiveness in achieving its objectives, and areas for improvement. The
analysis highlights issues such as ambiguities, lack of awareness, and
inconsistencies with other laws. Through a case reference, the practical
implications of the Act are illustrated. Suggestions for enhancing its
implementation are also provided.

2.Introduction:

The General Clauses Act 1897 holds significant importance within the legal
system of Bangladesh. Serving as a comprehensive guide for the interpretation
and application of laws, it acts as the foundation for legal consistency and
coherence. The Act establishes general principles and definitions that apply
across various statutes, ensuring uniformity in legal proceedings. This critical
analysis aims to evaluate the implementation of the General Clauses Act 1897
in Bangladesh, shedding light on its strengths, challenges, and areas for
improvement.

3.The General Clauses Act, 1897:

The General Clauses Act, 1897 is an Act of the Parliament of India that
consolidates and extends the General Clauses Acts of 1868 and 1887. It
provides general definitions and procedural provisions for use in other
legislation. It is often referred to as the "Law of all laws" because it is so widely
used.

The General Clauses Act, 1897 defines several terms that are commonly used in
legislation, such as "act", "person", "time", and "place". The act also sets out the
rules for interpreting legislation, such as the rule that words should be given
their ordinary meaning unless there is a clear intention to give them a different
meaning.

The General Clauses Act, 1897 also provides several procedural provisions that
are used in other legislation. For example, the act gives authorities several
powers, such as the power to make rules, the power to appoint officers, and the
power to take evidence.

Here are some of the key definitions in the General Clauses Act, 1897:

• Act: An act is a law passed by the legislature.

• Person: A person includes an individual, a corporation, and any other
legal entity.
• Time: Time is deemed to be of the essence unless otherwise provided.
• Place: Place means any place in Bangladesh

The General Clauses Act also defines a few other terms, such as "authority",
"document", "notification", and "rule". These definitions are important for
understanding the meaning of the provisions of the GCA and other legislation.

4.Implementation of the General Clauses Act in Bangladesh:

The General Clauses Act, 1897 is an important piece of legislation in

Bangladesh. The act provides general definitions and procedural provisions for
use in other legislation. It is often referred to as the "Law of all laws" because it
is so widely used. The General Clauses Act, 1897 was implemented in
Bangladesh when the country was part of British India. The act has been
amended several times since then, but it remains the basis for the interpretation
and application of legislation in Bangladesh. The General Clauses Act is used in
a wide variety of legislation in Bangladesh. For example, it is used in the Code
of Civil Procedure, the Penal Code, and the Evidence Act. The act also plays an
important role in the interpretation of constitutional provisions.

The implementation of the General Clauses Act in Bangladesh has not been
without its challenges. Some of the challenges include:

• The lack of clarity in some of the provisions of the General Clauses Act.
• The need for regular amendments to the General Clauses Act to keep it
up-to-date with changes in the law.
• The need to ensure that the General Clauses Act is interpreted
consistently in different courts and tribunals.

Despite these challenges, the General Clauses Act has played an important role
in the development of the legal system in Bangladesh. The act has helped to
ensure that legislation is interpreted consistently, and it has provided a few
procedural provisions that are essential for the smooth functioning of the legal
system.

Here are some of the ways in which the General Clauses Act has been
implemented in Bangladesh:

• The act has been used to define a few terms that are commonly used in
legislation. For example, the act defines "act" to include a series of acts,
and "person" to include a corporation.
• The act has been used to set out the rules for interpreting legislation. For
example, the act sets out the rule that words should be given their
 ordinary meaning unless there is a clear intention to give them a different
meaning.
• The act has been used to provide a few procedural provisions that are
used in other legislation. For example, the act gives authorities a few
powers, such as the power to make rules, the power to appoint officers,
and the power to take evidence.

5.Critical Analysis of the General Clauses Act:

Here is a critical analysis of the General Clauses Act-

• Complexity and technicality: The General Clauses Act is a complex and

technical piece of legislation. This can make it difficult for ordinary
citizens to understand their rights and obligations under the law. It can
also make it difficult for government officials to interpret and apply the
General Clauses Act correctly.
• Outdated: The General Clauses Act was enacted in 1897, and it has not
been significantly updated since then. This can lead to inconsistencies
between the General Clauses Act and other laws that have been enacted
since 1897.
• Vagueness: The General Clauses Act is sometimes vague in some areas.
This can lead to uncertainty and confusion about the law. It can also make
it difficult for courts to decide cases that involve the General Clauses Act.

6.Conclusion
In conclusion, the General Clauses Act, 1897 is an important piece of legislation
in Bangladesh. The act has played a significant role in the development of the
country's legal system, and it continues to be used in a wide variety of
legislation. However, there are some challenges that need to be addressed in the
implementation of the General Clauses Act in Bangladesh. These challenges
include the lack of clarity in some of the provisions of the act, the need for
regular amendments to the act, and the need to ensure that the act is interpreted
consistently in different courts and tribunals. These challenges can be addressed
by taking a few steps, such as clarifying the provisions of the GCA that are not
clear, amending the act more regularly, and developing a common
understanding of the GCA among different courts and tribunals.

7.Bibliography:

• Act Name: General Clauses Act 1897 Citation: General Clauses Act,
1897, Act No. X of 1897 (Bangladesh)
• Bangladesh Code: The Laws of Bangladesh (English translation)
Publisher: Ministry of Law, Justice and Parliamentary Affairs,
Government of the People's Republic of Bangladesh
• Alam, M. S., & Hossain, S. (2018). General Clauses Act, 1897. In
Comparative Law: A Global Perspective (pp. 149-155). Dhaka: Law
Awareness Society (LAS).
• Bhuiyan, M. Z. (2020). The General Clauses Act 1897: A Compendium
of Principles of Interpretation of Statutes. Dhaka: Eastern Book
Company.
• Chakraborty, D. (2015). Interpretation of Statutes: Principles and
Approaches. Dhaka: Prothoma Prokashan.
• Halder, N. K., & Rahman, M. M. (2017). The General Clauses Act, 1897:
An Overview of Its Interpretation and Application. Bangladesh Journal of
Legal Studies, 10(1), 71-86.
• Hossain, K. M. (2019). Statutory Interpretation in Bangladesh: An
Analysis of Judicial Approach. Dhaka: Juris Printers and Publishers.
• Islam, S. (2016). Statutory Interpretation and General Clauses Act, 1897.
Bangladesh Journal of Law, 32(2), 107-122.
• Rahman, A., & Hossain, M. (2019). Interpretation of Statutes: Principles
and Methods. Dhaka: University Press Limited.