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Microlesson · 5-min read

Definition of 'Commencement' [Section 3(13)]

# Definition of 'Commencement' — Section 3(13)

## Statutory Definition

> Section 3(13): 'Commencement' used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force.

## Conceptual Meaning

> Coming into force (or entry into force / commencement) refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect.

## Key Distinction: Three Different Dates

A single Act can have three different important dates:

Date TypeMeaning
Date of EnactmentWhen the Bill received Presidential assent and became an Act
Date of PublicationWhen the Act was published in the Official Gazette
Date of CommencementWhen the Act actually comes into force / starts operating

### These dates can be different!

Example: Companies Act, 2013:

  • Assent: 29-8-2013
  • Notified: 30-8-2013
  • Commencement: Various sections commenced on different dates over years

## How is Commencement Decided?

1. Specified in the Act itself — the Act may state a specific date

2. Date of publication — if no date specified, the Act commences on the date of publication

3. By Notification — Government may notify dates for different provisions to come into force

4. Different sections, different dates — Modern practice is to bring sections into force in phases

## Why does this matter?

Until an Act/provision commences:

  • It has no legal force
  • Cannot be relied upon
  • Cannot create rights or duties

## Example

If Section X of an Act is notified to commence on 1st April, 2026:

  • Before 1-4-2026 → Section X has no effect
  • On and from 1-4-2026 → Section X is enforceable

The commencement date is the birthday of the legal effect of the provision.

Worked example

### Example 1

Q: Define 'commencement' under the General Clauses Act, 1897.

A: Under Section 3(13), 'commencement' used with reference to an Act or Regulation means the day on which the Act or Regulation comes into force. It refers to the process by which a legal instrument acquires legal force and effect.

### Example 2

Q: An Act receives the assent of the President on 1st January but is notified to come into force on 1st July. What is the date of commencement?

A: The date of commencement is 1st July, because Section 3(13) defines commencement as the day on which the Act comes into force, not the day of assent. Until 1st July, the Act has no legal force.

⚠️ Common exam mistakes

  • Confusing the date of Presidential assent with the date of commencement
  • Assuming the date of gazette notification is always the date of commencement
  • Believing all provisions of an Act must commence simultaneously — they can commence in phases
  • Forgetting that an Act has no legal effect until it commences
Bare-Act text Section 3(13) · The General Clauses Act, 1897 · click to expand
'Commencement' used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force.
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