What is the effect of proviso? Does it qualify the main provisions of the enactment? Explain it with reference to Interpretation of Statutes.
CA Intermediate · Corporate and Other Laws · MTP · January 2025
What is the effect of proviso? Does it qualify the main provisions of the enactment? Explain it with reference to Interpretation of Statutes.
Suggested Answer and Working Notes:
Normally a Proviso is added to a section of an Act to except something or qualify something stated in that particular section to which it is added. A proviso should not be, ordinarily, interpreted as a general rule. Usually, a proviso is embedded in the main body of the section and becomes an integral part of it. The effect of the proviso is to qualify the preceding enactment which is expressed in terms which are too general. It is a cardinal rule of interpretation that a proviso or exception to a particular provision of a statute only embraces the field which is covered by the main provision. It carves out an exception to the main provision to which it has been enacted as a proviso and to no other. (Ram Narain Sons Ltd. vs. Assistant Commissioner of Sales Tax, AIR 1955 SC 765).
Topics: Interpretation of Statutes
Related Questions in this Topic
- Prior to 2024, the State Environmental Protection Act imposed penalties only on factories that directly discharged untre...
- Explain, as external aids to the interpretation of statutes: (i) Historical Setting; (ii) Use of Foreign Decisions
- While drafting statutory definitions, the Legislature sometimes uses the word "means" and at other times the word "inclu...
- What is meant by the rule of 'Ejusdem Generis'? State the situations in which courts do not apply this rule.
- Explain the Latin maxim 'Absoluta sententia expositore non indiget' and its role in interpreting a statutory definition.