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Microlesson · 5-min read

General Construction Provisions

# General Construction Provisions [Sections 9 to 13]

## Commencement and Termination of Time [Section 9]

WordRule
"from"Excludes the first day in a series of days
"to"Includes the last day in a series of days

## Computation of Time [Section 10]

If an act/proceeding must be done in a court/office on a certain day (or within a prescribed period), and the court/office is closed on that day (or the last day):

→ The act is considered done in time if done on the next day the court/office reopens.

## Measurement of Distance [Section 11]

Distance is measured in a straight line on a horizontal plane (aerial distance), NOT by road.

## Gender and Number [Section 13]

### Rules

  • Words denoting the masculine gender include females
  • Words in the singular include the plural, and vice versa

### Cautions

(i) Apply carefully in succession laws. Example: "Male descendant" in Chota Nagpur Tenancy Act, 1908 cannot include female descendants.

(ii) If a common gender word exists but the statute uses a specific gender word, the inclusion rule does NOT apply. Example: "Bullock" cannot include "cow" since a common gender word (cattle) exists.

## Duty Pro Rata

  • 'Pro rata' = proportionate allocation (Latin)
  • If duty is leviable on a given quantity (weight/measure/value), a like duty is leviable at the same rate on any greater or lesser quantity.

Worked example

### Example 1

Dividend payment window: K Ltd. declared a dividend on 27th September 2026, payable within 30 days. Applying Section 9: 27th September (start) is excluded ('from'), and 27th October (end) is included ('to'). Payment window = 28th September to 27th October.

### Example 2

Distance measurement: An Act requires factories to be at least 5 km from a river. A Ltd. claims its factory is 5.3 km by road. But Section 11 requires straight-line horizontal measurement, and the actual aerial distance is only 4.5 km → A Ltd. has NOT complied.

### Example 3

Singular includes plural — KMP: Section 203(3) of Companies Act 2013 says a KMP shall not hold office in more than one company except its subsidiary. By Section 13, 'singular includes plural', so KMP may hold office in multiple subsidiary companies.

⚠️ Common exam mistakes

  • Including the first day when 'from' is used — it must be excluded
  • Measuring distance by road or actual route instead of straight-line aerial distance
  • Mechanically applying the masculine-includes-feminine rule to succession laws or to specific-gender words like 'bullock'
  • Forgetting that if the office is closed on the last day, the next working day counts as timely
Reference: Sections 9 to 13 — The General Clauses Act, 1897
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