# Section 5 — Coming into Operation of Enactments

This section answers: when does a Central Act actually become law?

## The hierarchy of commencement rules

### Rule 1 — Specific date in the Official Gazette

If the Act (or a notification under it) prescribes a particular date of enforcement, the Act commences on that date.

### Rule 2 — No date specified

If the Act is silent on the date of commencement, it comes into force on the date on which it receives the assent of:

The Governor-General — for older Central Acts, and / or
The President of India — for Acts of Parliament.

### Rule 3 — Government empowered to notify

Where the Act empowers the Government to bring its provisions into force on a day it deems fit:

The Court cannot issue a mandamus directly compelling Government to notify it on a particular date.
However, if a sufficient time has elapsed since the Act was passed without it being brought into force, the Court may, by writ, direct the Government to consider the question of commencement.

## Key doctrinal points

### No fraction of a day

Law does not recognise fractions of a day. So if an Act says it 'comes into force on the 1st day of February', it actually takes effect the moment the clock strikes midnight on 31st January.

### Prospective operation is the default

All laws operate prospectively unless there are express words giving retrospective effect. Retrospective application cannot be inferred.

## Worked example

SEBI (ICDR) (Fifth Amendment) Regulations, 2015 — notified on 14 August 2015 to take effect from 1 January 2016.

➡ The Regulations come into force on 1 January 2016, not on the date of notification.

Worked example

### Example 1

Q: The Companies (Amendment) Act receives Presidential assent on 15th August but is silent on commencement. From which date is it in force?

A: Under Section 5, in the absence of a specified date, the Act commences on the date of Presidential assent, i.e., 15th August.

### Example 2

Q: A statute says it 'shall come into force on 1st April 2026'. A contract is signed at 11:55 pm on 31 March 2026. Is the contract governed by the new law?

A: No fraction of a day is recognised. The Act comes into force the moment the clock strikes midnight on 31 March, so contracts signed during 31 March (including 11:55 pm) are governed by the old law — but anything from 12:00 am on 1 April onwards falls under the new law.

### Example 3

Q: Parliament passes an Act in 2018 empowering Government to notify the commencement date. Five years pass without notification. Can a citizen approach the Court?

A: A mandamus to fix a particular date is not maintainable. However, the Court may direct the Government to consider and decide when the Act should be brought into force, given the lapse of significant time.

⚠️ Common exam mistakes

Assuming an Act becomes effective on the date of publication in the Gazette regardless of any later commencement date. The notified date prevails over the date of notification itself.
Believing the Court can compel Government to notify an Act on a specific date — it cannot, but can require the Government to consider the issue.
Reading retrospective operation into a statute that is silent on the point. Without express retrospective words, all laws operate prospectively.

Bare-Act text Section 5 · The General Clauses Act, 1897 · click to expand

Section 5: Where any Central Act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which it receives the assent — (a) in the case of a Central Act made before the commencement of the Constitution, of the Governor-General, and (b) in the case of an Act of Parliament, of the President.

Now that you've read this — what's next?

Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.

🔥 Drill 5 Qs on this → ✍️ Adaptive practice →

Coming into Operation of Enactments (Section 5)

Worked example

⚠️ Common exam mistakes