Illustrations Proviso Explanation Schedules

Illustrations Proviso Explanation Schedules

(a) Long Title
An enactment would have what is known as a 'Short Title' and also a 'Long Title'. The 'Short Title' merely identifies the enactment and is chosen merely for convenience. The 'Long Title', on the other hand, describes the enactment and does not merely identify it.
lt is now settled that the Long Title of an Act is a part of the Act. We can, therefore, refer to it to ascertairi the object, scope and purpose of the Act.
(b) Preamble
The Preamble expresses the scope, object and purpose of the Act more comprehensively than the Long Title. The Preamble may recite the ground and the cause of making a statute and the evil which is sought to be remedied by it.
Like the Long Title, the Preamble of a Statute is a part of the enactment and can legitimately be used for construing it. However, the Preamble does not over-ride the plain provisions of the Act but if the wording of th~ statute gives rise to doubts as to its proper construction, e.g., where the word or phrase has more than one meaning and a doubt arises as to which of the two meanings is intended in the Act, the Preamble can and ought to be referred to in order to arrive at the proper construction.
In short, the Preamble to an Act discloses the primary intention of the legislature but can only be brought in as an aid to construction if the language of the statute is not clear. However, it cannot override the provisions of the enactment.

(c) Heading and Title of a Chapter
If we glance through any Act, we would generally find that a number of its Sections applicable to any particular object are grouped together, sometimes in the form of Chapters, prefixed by Headings and/ or Titles. These Headings and Titles prefixed to sections or groups of sections can legitimately be referred to for the purpose of construing the enactment or its parts. However, there is a conflict of opinion about the weightage to be given to them. While one section of opinion considers that a heading to be regarded as giving the key to the interpretation of the clauses ranged under it and might be treated as 'preambles to the provisions following it', the other section of opinion is emphatic that resort to the heading can only be taken when the enacting words are ambiguous. According to this view heading or titles prefixed to sections or group of sections may be referred to as to construction of doubtful expressions, but cannot be used to restrict the plain terms of an enactment.
We must, however, note that the heading to one group of sections cannot be used to interpret another group of sections.
(d) Marginal Notes
Although there is difference of opinion regarding resort to Marginal Notes for construing an enactment, the generally held view is that the Marginal Notes appended to