The question (6 marks)
A Central Act regulating cold-storage units receives the President's assent at 3 p.m. on 12 August and contains no commencement clause. It requires every operator to file a safety return, empowers the Central Government to make rules after previous publication, and punishes a false return with a fine. (a) A partnership firm says the penal provision cannot apply to it because it is not a person. (b) An operator's return, properly addressed and prepaid, is sent by registered post on the last day, which is a day the office is closed. (c) The Government wishes to amend the rules it made under the Act without repeating the publication procedure. (d) The same false return is also an offence under a food safety enactment. Advise on all four points. (6 marks)
MU Module IV, situational problem; pack ch. 04, ss. 3(42), 5, 10, 21, 23, 26, 27.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · The General Clauses Act, 1897 of Interpretation of Statutes.
Authorities you will need
- General Clauses Act
- Article 20(2) of the Constitution of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.