You can grab notes for other topics from here.
The well-established rule of interpretation of a proviso is that a proviso may have three e . rate functions. In other words, a proviso cannot be ton apart from the main enactment nor can it be use, to nullify or set at naught the real object of the main enactment. While interpreting a proviso sure be taken that it is used to remove special cases from the general enactment and provide for them separately In short, generally speaking a proviso is intended to limit the enacted provision so as to except something which would have otherwise been within it or in some measure to modify the enacting clause. Sometimes a proviso may be embedded in the main provision and becomes an integral part of it so as to amount to a substantive provision itself.
To Sum up, a proviso may serve four different purposes:
1. qualifying or excepting certain provisions from the main enactment;
2. it may entirely change the very concept of the intendment of the enactment by insisting on certain mandatory conditions to be fulfilled in order to make the enactment workable;
3. it may be embedded in the Act itself as to become an integral part of the enactment and thus acquire the tenor and colour of the substantive enactment itself; and
4. it may be used merely to act as an optional addenda to the enactment with the sale object of explaining the real intendment of the statutory provision.
You can grab notes for other topics from here.
