Generally, a Proviso is added to an enactment to qualify or create an exception to what is in the enactment, and stating a general rule. But Provisos are often added not as exceptions or qualifications to the main enactment but as saving clauses in which cases they will not be construed as controlled by the Section. The saving clauses are seldom used to construe Acts. These clauses are introduced into Acts which repeal others, to safeguard rights which, but for the savings, would be lost.
- S.B.K. Oil Mills vs. Subhash Chandra, AIR 1961 SC 1596 (Five Judge Bench)
Proviso to a Section places conditions on operation of the main provision.
- Dashrath Rupsingh Rathod v.. State of Maharashtra 2014 (86) ACC 882 (SC).
Except forinstances dealt with in the Proviso, it should not be used for interpreting mainprovision/enactment, so as to exclude something by implication.
- Casio India Company Private Limited v. State of Haryana (2016) 6 SCC 209
