Monday, May 19, 2025

example of how Section 27 of the General Clauses Act, 1897 might be used

 

Here’s a practical example of how Section 27 of the General Clauses Act, 1897 might be used:


Example of Section 27 in Action


Context:

Suppose a new law called the “Environmental Protection Act” comes into force on 1st January 2025. The Act introduces various rules and compliance requirements for industries.


Problem:

After the law starts, the government realizes that some provisions relating to the disposal of industrial waste are difficult to implement immediately because:

  • Some industries need more time to set up proper waste treatment plants.

  • The existing infrastructure is insufficient for immediate compliance.


Use of Section 27:

To avoid disruption and ensure smooth implementation, the Central Government issues an order under Section 27 of the General Clauses Act:

  • The order temporarily relaxes the requirement for waste disposal compliance for certain industries for the next 12 months.

  • It allows industries additional time to upgrade their facilities without penalties.

  • This order is issued within two years of the Act’s commencement and does not contradict the main Act.


Outcome:

  • This helps remove practical difficulties in enforcing the law.

  • Industries can gradually comply without legal penalties.

  • The government ensures effective long-term implementation while managing short-term challenges.


Summary:

SituationAction Under Section 27
Difficulty implementing lawGovernment issues order to remove difficulty temporarily
TimeframeWithin 2 years from law’s commencement
ScopeOrders consistent with the law and only to ease difficulty

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