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What is the function of a 'proviso' to a section, as explained in the ICSI material with reference to Lord Macmillan?
Answer & Solution
Correct answer: B.
1. Lord Macmillan's classic formulation, quoted in the ICSI text: **'The proper function of a proviso is to except and to deal with a case which would otherwise fall within the general language of the main enactment, and its effect is confined to that case.'**
2. Hidayatullah, J. adds: **'As a general rule, a proviso is added to an enactment to qualify or create an exception to what is in the enactment, and ordinarily, a proviso is not interpreted as stating a general rule.'**
3. The proviso is therefore an exception-carving device, narrow by nature; it does not extend the section's scope.
4. Distinctions between proviso, exception and saving clause are drawn in the same passage — 'exception' restrains the enacting clause to particular cases; 'proviso' removes special cases; 'saving clause' preserves existing rights or remedies.
_Source: ICSI CS Executive — Lesson 3, 'Internal Aids — Proviso', pp. 93-94._
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