Untitled Document
GENERAL
CLAUSES ACT, 1897
[Act No. 10 of Year 1897, dated 11th. March, 1897]
An Act to consolidate
and extend the General Clauses Acts, 1868 and 1887
WHEREAS
it is expedient to consolidate and extend the General Clauses Acts,
1868 (1 of 1868) and 1887 (1 of 1887), it is hereby enacted as follows: -
PRELIMINARY
1. Short
title
This Act may
be called the General Clauses Act,1897; 1[***]
2. Repeal
[Repealed by the Repealing and Amending Act, 1903 (1 of 1903)]
GENERAL DEFINITIONS
2[3. Definitions
In this Act, and in all Central Acts and regulations made after the commencement
of this Act, unless there is anything repugnant in the subject or context-
(1) "abet", with its grammatical variations and cognate expressions,
shall have the same meaning as in the Indian Penal Code (45 of 1860);
(2) "act", used with reference to an offence or a civil wrong, shall
include a series of acts, and words which refer to acts done, extend also
to illegal omissions;
(3) "affidavit" shall include affirmation and declaration in the
case of persons by law allowed to affirm or declare instead of swearing;
(4) "barrister" shall mean, a barrister of England or Ireland, or
a member of the Faculty of Advocates in Scotland;
(5) "British India" shall mean, as respects the period before the
commencement of Part III of Government of India Act, 1935, all territories
and places within His Majesty’s dominions which were for the time being
governed by His Majesty through the Governor-General of India or through any
Governor or Officer subordinate to the Governor-General of India, and as respects
any period after that date and before the date of establishment of the Dominion
of India means all territories for the time being comprised within the Governors'
Provinces and the Chief Commissioners’ Provinces, except that a reference
to British India in an Indian law passed or made before the commencement of
Part III of the Government of India Act, 1935, shall not include a reference
to Berar;
(6) "British possession" shall mean any part of Her Majesty’s
dominions exclusive of the United Kingdom, and where parts of those dominions
are under both a Central and a Local Legislature, all parts under the Central
Legislature shall, for the purposes of this definition, be deemed to be one
British possession;
(7) "Central Act" shall mean an Act of Parliament, and shall include-
(a) an Act of the Dominion Legislature or of the Indian Legislature passed
before the commencement of the Constitution, and
(b) an Act made before such commencement by the Governor-General in Council
or the Governor-General, acting in a legislative capacity;
(8) "Central Government" shall-
(a) in relation to anything done before the commencement of the Constitution,
means the Governor-General or the Governor General in Council, as the case
may be; and shall include-
(i) in relation to functions entrusted under sub-section (1) of section 124
of the Government of India Act, 1935, to the Government of a Province, the
Provincial Government acting within the scope of the authority given to it
under that sub-section; and
(ii) in relation to the administration of a Chief Commissioner’s Province,
the Chief Commissioner acting within the scope of the authority given to him
under sub-section (3) of section 94 of the said Act; and
(b) in relation to anything done or to be done after the commencement of the
Constitution, means the President; and shall include-
(i) in relation to functions entrusted under clause (1) of article 258 of
the Constitution, to the Government of a State, the State Government acting
within the scope of the authority given to it under that clause; 3[* * *]
(ii) in relation to the administration of a Part C State 4[before the commencement
of the Constitution (Seventh Amendment) Act, 1956], the Chief Commissioner
or the Lieutenant-Governor or the Government of a neighbouring State or other
authority acting within the scope of the authority given to him or it under
article 239 or article 243 of the Constitution, as the case may be; 4[and
(iii) in relation to the administration of a Union Territory, the administrator
thereof acting within the scope of the authority given to him under article
239 of the Constitution];
(9) "Chapter" shall mean a Chapter of the Act or regulation in which
the word occurs;
(10) "Chief Controlling Revenue Authority" or "Chief Revenue
Authority" shall mean-
(a) in a State where there is a Board of Revenue, that Board;
(b) in a State where there is a Revenue Commissioner, that Commissioner;
(c) in Punjab, the Financial Commissioner; and
(d) else where, such authority as, in relation to matters enumerated in List
I in the Seventh Schedule to the Constitution, the Central Government, and
in relation to other matters, the State Government, may by notification in
the Official Gazette, appoint;
(11) "Collector" shall mean, in a Presidency-town, the Collector
of Calcutta, Madras or Bombay, as the case may be, and elsewhere the chief
officer-in-charge of the revenue-administration of a district;
(12) "Colony"-
(a) in any Central Act passed after the commencement of Part III of the Government
of India Act, 1935, shall mean any part of His Majesty’s dominions exclusive
of the British Islands, the Dominions of India and Pakistan (and before the
establishment of those Dominions, British India), any Dominions as defined
in the Statute of Westminster, 1931, any Province or State forming part of
any of the said Dominions, and British Burma; and
(b) in any Central Act passed before the commencement of Part III of the said
Act, means any part of His Majesty’s dominions exclusive of the British
Islands and of British India;
and in the either case where parts of those dominions are under both a Central
and Local Legislature, all parts under the Central Legislature shall, for
the purposes of this definition, be deemed to be one colony.
(13) "commencement" used with reference to an Act or regulation,
shall mean the day on which the Act or regulation comes into force;
(14) "Commissioner" shall mean the chief officer-in-charge of the
revenue administration of a division;
(15) "Constitution" shall mean the Constitution of India;
(16) "Consular officer" shall include consul-general, consul, vice-consul,
consular agent, pro-consul and any person for the time being authorised to
perform the duties of consul-general, consul, vice-consul or consular agent;
(17) "District Judge" shall mean the Judge of a principal civil
court of original jurisdiction, but shall not include a High Court in the
exercise of its ordinary or extraordinary original civil jurisdiction;
(18) "document" shall include any matter Written, expressed or described
upon any substance by means of letters, figures or marks, or by more than
one of those means which is intended to be used, or which may be used, for
the purpose of recording that matter;
(19) "enactment" shall include a regulation (as hereinafter defined)
and any regulation of the Bengal, Madras or Bombay Code, and shall also include
any provision contained in any Act or in any such regulation as aforesaid;
(20) "father", in the case of any one whose personal law permits
adoption, shall include an adoptive father;
(21) "financial year" shall mean the year commencing on the first
day of April;
(22) a thing shall be deemed to be done in "good faith" where it
is in fact done honestly, whether it is done negligently or not;
(23) "Government" or "the Government" shall include both
the Central Government and any State Government;
(24) "Government securities" shall mean securities of the Central
Government or of any State Government, but in any Act or regulation made before
the commencement of the Constitution shall not include securities of the government
of any Part B State;
(25) "High Court", used with reference to civil proceedings, shall
mean the highest civil court of appeal (not including the Supreme Court) in
the part of India in which the Act or regulation containing the expression
operates;
(26) "immovable property" shall include land, benefits to arise
out of land, and things attached to the earth, or permanently fastened to
anything attached to the earth;
(27) "imprisonment" shall mean imprisonment of either description
as defined in the Indian Penal Code;
(28) "India" shall mean-
(a) as respects any period before the establishment of the Dominion of India,
British India together with all territories of Indian Rulers then under the
suzerainty of His Majesty, all territories under the suzerainty of such an
Indian Ruler, and the tribal areas;
(b) as respects any period after the establishment of the Dominion of India
and before the commencement of the Constitution, all territories for the time
being included in that Dominion; and
(c) as respects any period after the commencement of the Constitution, all
territories for the time being comprised in the territory of India;
(29) "Indian law" shall mean any Act, ordinance, regulation, rule,
5[order, bye-law or other instrument] which before the commencement of the
Constitution had the force of law in any Province of India or part thereof,
or thereafter has the force of law in any Part A State or Part C State or
Part thereof, but does not include any Act of Parliament of the United Kingdom
or any Order in Council, rule or other instrument made under such Act;
(30) "Indian State" shall mean any territory which the Central Government
recognised as such a State before the commencement of the Constitution, whether
described as a State, an Estate, a Jagir or otherwise;
(31) "local authority" shall mean a municipal committee, district
board, body of port commissioners or other authority legally entitled to,
or entrusted by the government with the control or management of a municipal
or local fund;
(32) "Magistrate" shall include every person exercising all or any
of the powers of a Magistrate under the Code of Criminal Procedure for the
time being in force;
(33) "master", used with reference to a ship, shall mean, any person
(except a pilot or harbour-master) having for the time being control or charge
of the ship;
(34) "merged territories" shall mean the territories which by virtue
of an order made under section 290A of the Government of India Act, 1935,
were immediately before the commencement of the Constitution being administered
as if they formed part of a Governor’s Province or as if they were a
Chief Commissioner's Province;
(35) "month" shall mean a month reckoned according to the British
calendar;
(36) "movable property" shall mean property of every description,
except immovable property;
(37) "oath" shall include affirmation and declaration in the case
of persons by law allowed to affirm or declare instead of swearing;
(38) "offence" shall mean any act or omission made punishable by
any law for the time being in force;
(39) "Official Gazette" or "Gazette" shall mean the Gazette
of India or the Official Gazette of a State;
(40) "Part" shall mean a part of the Act or regulation in which
the word occurs;
(41) "Part A State" shall mean a State for the time being specified
in Part A of Schedule I to the Constitution, 4[as in force before the Constitution
(Seventh Amendment) Act, 1956,] "Part B State" shall mean a State
for the time being specified in Part B of that Schedule and "Part C State"
shall mean a State for the time being specified in Part C of that Schedule
or a territory for the time being administered by the President under the
provisions of article 243 of the Constitution;
(42) "person" shall include any company or association or body of
individuals, whether incorporated or not;
(43) "Political Agent" shall mean,-
(a) in relation to any territory outside India, the Principal Officer, by
whatever name called, representing the Central Government in such territory;
and
(b) in relation to any territory within India to which the Act or regulation
containing the expression does not extend, any officer appointed by the Central
Government to exercise all or any of the powers of a Political Agent under
that Act or regulation;
(44) "Presidency-town" shall mean the local limits for the time
being of the ordinary original civil jurisdiction of the High Court of Judicature
at Calcutta, Madras or Bombay, as the case may be;
(45) "Province" shall mean a Presidency, a Governor's Province,
a Lieutenant Governor’s Province or a Chief Commissioner’s Province;
(46) "Provincial Act" shall mean an Act made by the Governor in
Council, Lieutenant Governor in Council or Chief Commissioner in Council of
a Province under any of the Indian Councils Acts or the Government of India
Act, 1915, or an Act made by the Local Legislature or the Governor of a Province
under the Government of India Act, or an Act made by the Provincial Legislature
or Governor of a Province or the Coorg Legislative Council under the Government
of India Act, 1935;
(47) "Provincial Government" shall mean, as respects anything done
before the commencement of the Constitution, the authority or person authorised
at the relevant date to administer executive government in the Province in
question;
(48) "public nuisance" shall mean a public nuisance as defined in
the Indian Penal Code;
(49) "registered", used with reference to a document, shall mean
registered in 6[India] under the law for the time being in force for the registration
of documents;
(50) "Regulation" shall mean a Regulation made by the President
7[under article 240 of the Constitution and shall include a Regulation made
by the President under article 243 thereof and] a regulation made by the Central
Government under the Government of India Act, 1870, or the Government of India
Act, 1915, or the Government of India Act, 1935;
(51) "rule" shall mean a rule made in exercise of a power conferred
by any enactment, and shall include a Regulation made as a rule under any
enactment;
(52) "schedule" shall mean a schedule to the Act or Regulation in
which the word occurs;
(53) "Scheduled District" shall mean a "Scheduled District"
as defined in the Scheduled District Act, 1874;
(54) "section" shall mean a section of the Act or Regulation in
which the word occurs;
(55) "ship" shall include every description of vessel used in navigation
not exclusively propelled by oars;
(56) "sign", with its grammatical variations and cognate expressions,
shall, with reference to a person who is unable to write his name, include
"mark", with its grammatical variations and cognate expressions;
(57) "son", in the case of any one whose personal law permits adoption,
shall include an adopted son;
8[(58) "State"-
(a) as respects any period before the commencement of the Constitution (Seventh
Amendment) Act, 1956, shall mean a Part A State, a Part B State or a Part
C State; and
(b) as respects any period after such commencement, shall mean a State specified
in Schedule I to the Constitution and shall include a Union Territory;]
(59) "State Act" shall mean an Act passed by the Legislature of
a State established or continued by the Constitution;
(60) "State Government"-
(a) as respects anything done before the commencement of the Constitution,
shall mean, in a Part A State, the Provincial Government of the corresponding
Province, in a Part B State, the authority or person authorised at the relevant
date to exercise executive government in the corresponding Acceding State,
and in a Part C State, the Central Government; 3[* * *]
(b) as respects anything done 9[after the commencement of the Constitution
and before the commencement of the Constitution (Seventh Amendment) Act, 1956],
shall mean, in a Part A State, the Governor in a Part B State, the Rajpramukh,
and in a Part C State, the Central Government;
4[(c) as respects anything done or to be done after the commencement of the
Constitution (Seventh Amendment) Act, 1956, shall mean, in a State, the Governor,
and in a Union Territory, the Central Government; and shall, in relation to
functions entrusted under article 258A of the Constitution to the Government
of India, include the Central Government acting within the scope of the authority
given to it under that article];
(61) "sub-section" shall mean a sub-section of the section in which
the word occurs;
(62) "swear", with its grammatical variations and cognate expressions,
shall include affirming and declaring in the case of persons by law allowed
to affirm or declare instead of swearing;
3[(62A) "Union Territory" shall mean any Union Territory specified
in Schedule I to the Constitution and shall include any other territory comprised
within the territory of India but not specified in that Schedule;]
(63) "vessel" shall include any ship or boat or any other description
of vessel used in navigation;
(64) "will" shall include a codicil and every writing making a voluntary
posthumous disposition of property;
(65) expression referring to "writing" shall be construed as including
references to printing, lithography, photography and other modes of representing
or reproducing words in a visible form; and
(66) "year" shall mean a year reckoned according to the British
calendar.]
4. Application of foregoing definitions to previous enactment
(1) The definitions in section 3 of the following words and expressions, that
is to say, "affidavit", "barrister", 10[* * *] "District
Judge", "father", 3[* * *] 11[* * *] 3[* * *] "immovable
property", "imprisonment", 3[* * *] "Magistrate",
"month", "movable property", "oath", "person",
"section", "son", "swear", "will",
and "year" apply also, unless there is anything repugnant in the
subject or context, to all 12[Central Acts] made after the third day of January,
1868, and to all regulations made on or after the fourteenth day of January,
1887.
(2) The definitions in the said section of the following words and expressions,
that is to say, "abet", "chapter", "commencement",
"financial year", "local authority", "master",
"offence", "part", "public nuisance", "registered",
"schedule", "ship", "sign", "sub-section"
and "writing" apply also, unless there is anything repugnant in
the subject or context, to all 13[Central Acts] and Regulations made on or
after the fourteenth day of January, 1887.
14[4A. Application of certain definitions to Indian laws
(1) The definitions in section 3 of the expressions "British India",
"Central Act", "Central Government", "Chief Controlling
Revenue Authority", "Chief Revenue Authority", "Constitution",
"Gazette", "Government", "Government securities",
"High Court", "India", "Indian law", "Indian
State", "merged territories", "Official Gazette",
"Part A State", "Part B State", "Part C State",
"Provincial Government", "State", and "State Government"
shall apply, unless there is anything repugnant in the subject or context,
to all Indian laws.
(2) In any Indian law, references, by whatever form of words, to revenues
of the Central Government or to any State Government shall, on and from the
first day of April, 1950, be construed as references to the Consolidated Fund
of India or the Consolidated Fund of the State, as the case may be.]
GENERAL RULES OF CONSTRUCTION
5. Coming into operation of enactment
15[(1) Where any Central Act is not expressed to come into operation on particular
day, then it shall come into operation on the day on which it receives the
assent-
(a) in the case of a Central Act made before the commencement of the Constitution,
of the Governor-General, and
(b) in the case of an Act of Parliament, of the President].
16[* * * ]
(3) Unless the contrary is expressed, a 13[Central Act] or Regulation shall
be construed as coming into operation immediately on the expiration of the
day preceding its commencement.
17[5A. Coming into operation of Governor–General’s Act
[Rep. by the AO, 1947]
6. Effect of repeal
Where this Act, or any 13[Central Act] or Regulation made after the commencement
of this Act, repeals any enactment hitherto made or hereafter to be made,
then, unless a different intention appears, the repeal shall not-
(a) revive anything not in force or existing at the time at which the repeal
takes effect; or
(b) affect the previous operation of any enactment so repealed or anything
duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued
or incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any
offence committed against any enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or punishment
as aforesaid; and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture or punishment
may be imposed as if the repealing Act or Regulation had not been passed.
18[6A. Repeal of Act making textual amendment in Act or Regulation
Where any 13[Central Act] or Regulation made after the commencement of this
Act repeals any enactment by which the text of any 13[Central Act] or Regulation
was amended by the express omission, insertion or substitution of any matter,
then, unless a different intention appears, the repeal shall not affect the
continuance of any such amendment made by the enactment so repealed and in
operation at the time of such repeal.
7. Revival of repealed enactment
(1) In any 13[Central Act] or Regulation made after the commencement of this
Act, it shall be necessary, for the purpose of reviving, either wholly or
partially, any enactment wholly or partially repealed, expressly to state
that purpose.
(2) This section applies also to all 18[Central Acts] made after the third
day of January, 1868, and to all Regulations made on or after the fourteenth
day of January, 1887.
8. Construction of references to repealed enactment
19[(1) Where this Act, or any 13[Central Act] or Regulation made after the
commencement of this Act, repeals and re-enacts, with or without modification,
any provision of a former enactment, then references in any other enactment
or in any instrument to the provision so repealed shall, unless a different
intention appears, be construed as references to the provision so re-enacted.
20[(2)] 21[Where before the fifteenth day of August, 1947, any Act of Parliament
of the United Kingdom repealed and re-enacted, with or without modification,
any provision of a former enactment, then references in any 13[Central Act]
or in any Regulation or instrument to the provision so repealed shall, unless
a different intention appears, be construed as references to the provision
so re-enacted
9. Commencement and termination of time
(1) In any 13[Central Act] or Regulation made after the commencement of this
Act, it shall be sufficient, for the purpose of excluding the first in a series
of days or any other period of time to use the word "from", and,
for the purpose of including the last in a series of days or any other period
of time, to use the word "to".
(2) This section applies also to all 12[Central Acts] made after the third
day of January, 1868, and to all Regulations made on or after the fourteenth
day of January, 1887.
10. Computation of time
(1) Where, by any 12[Central Act ] or Regulation made after the commencement
of this Act, any act or proceeding is directed or allowed to be done or taken
in any Court or office on a certain day or within a prescribed period, then,
if the Court or office is closed on that day or the last day of the prescribed
period, the act or proceedings shall be considered as done or taken in due
time if it is done or taken on the next day afterwards on which the Court
or office is open:
PROVIDED that nothing in this section shall apply to any act or proceeding
to which the 22[Indian Limitation Act, 1877 (15 of 1877)], applies.
(2) This section applies also to all 12[Central Acts] or Regulations made
on or after the fourteenth day of January, 1887.
11. Measurement of distances
In the measurement of any distance, for the purpose of any 12[Central Act]
or Regulation. made after the commencement of this Act, that distance shall,
unless a different intention appears, be measured in a straight line on a
horizontal plane.
12. Duty to be taken pro rata in enactments
Where, by any enactment now in force or hereafter to be in force, any duty
of customs or excise, or excise, or in the nature thereof, is leviable on
any given quantity, by weight, measure or value of any goods or merchandise,
then a like duty is leviable according to the same rate on any greater or
less quantity.
13. Gender and number
In all 12[Central Acts] or Regulations, unless there is anything repugnant
in the subject or context-
(1) words importing the masculine gender shall be taken to include females;
and
(2) words in the singular shall include the plural, and vice versa.
23[13A. References to the Sovereign
[Rep. by the AO, 1950]
POWERS AND FUNCTIONARIES
14. Powers conferred to be exercisable from time to time
(1) Where, by any 12[Central Act] or Regulation made after the commencement
of this Act, any power is conferred, 24[* * *], then 20[unless a different
intention appears] that power may be exercised from time to time as occasion
requires.
(2) This section applies also to all 12[Central Acts] and Regulations made
on or after the fourteenth day of January, 1887.
15. Power to appoint to include power to appoint ex officio
Where, by any 12[Central Act] or Regulation, a power to appoint any person
to fill any office or execute any function is conferred, then, unless it is
otherwise expressly provided, any such appointment, if it is made after the
commencement of this Act, may be made either by name or by virtue of office.
16. Power to appoint to include power to suspend or dismiss
Where, by any 12[Central Act] or Regulation, a power to make any appointment
is conferred, then, unless a different intention appears, the authority having
25[for the time being] power to make the appointment shall also have power
to suspend or dismiss any person appointed 25[whether by itself or any other
authority] in exercise of that power.
17. Substitution of functionaries
(1) In any 12[Central Act] or Regulation, made after the commencement of this
Act, it shall be sufficient, for the purpose of indicating the application
of a law to every person or number of persons for the time being executing
the function of an office, to mention the official title of the officer at
present executing the functions, or that of the officer by whom the functions
are commonly executed.
(2) This section applies also to all 12[Central Acts] made after the third
day of January, 1868, and to all Regulations made on or after the fourteenth
day of January, 1887.
18. Successors
(1) In any 12[Central Act] or Regulation made after the commencement of this
Act, it shall be sufficient, for the purpose of indicating the relation of
a law to the successors of any functionaries or of corporations having perpetual
succession, to express its relation to the functionaries or corporations.
(2) This section applies also to all 12[Central Acts] made after the third
day of January, 1868,.and to all Regulations made on or after the fourteenth
day of January, 1887.
19. Officials chiefs and sub-ordinates
(1) In any 12[Central Act] or Regulation made after the commencement of this
Act, it shall be sufficient, for the purpose of expressing that a law relative
to the chief or superior of an office shall apply to the deputies or subordinates
lawfully performing the duties of that office in the place of their superior,
to prescribe the duty of the superior.
(2) This section applies also to all 12[Central Acts] made after the third
day of January, 1868, and to all Regulations made on or after the fourteenth
day of January, 1887.
PROVISIONS AS TO ORDERS, RULES, ETC. MADE UNDER
ENACTMENTS
20. Construction of notifications, etc., issued under enactments
Where, by any 12[Central Act] or Regulation, a power to issue any 26[notification],
order, scheme, rule, form, or bye-law is conferred, then expressions used
in the 26[notification], order, scheme, rule, form or bye-law, if it is made
after the commencement of this Act, shall, unless there is anything repugnant
in the subject or context, have the same respective meanings as in the Act
or Regulation conferring the power.
21. Power to issue, to include power to add to, amend, vary or rescind
notifications, orders, rules or bye-laws
Where, by any 13[Central Act] or Regulation, a power to 27[issue notifications],orders,
rules or bye-laws is conferred, then that power includes a power, exercisable
in the like manner and subject to the like sanction and conditions (if any),
to add to, amend, vary or rescind any 26[notifications], orders, rules or
bye-laws so 28[issued].
22. Making of rules or bye-laws and issuing of orders between passing
and commencement of enactment
Where, by any 13[Central Act] or Regulation which is not to come into force
immediately, on the passing thereof, a power is conferred to make rules or
bye-laws, or to issue orders with respect to the application of the Act or
Regulation, or with respect to the establishment of any court or office or
the appointment of any Judge or officer thereunder, or with respect to the
person by whom, or the time when, or the place where, or the manner in which,
or the fees for which, anything is to be done under the Act or Regulation,
then that power may be exercised at any time after the passing of the Act
or Regulation; but rules, bye-laws or orders so made or issued shall not take
effect till the commencement of the Act or Regulation.
23. Provisions applicable to making of rules or bye-laws after previous
publication
Where, by any 13[Central Act] or Regulation, a power to make rules or bye-laws
is expressed to be given subject to the condition of the rules or bye-laws
being made after previous publication, then the following provisions shall
apply, namely,-
(1) the authority having power to make the rules or bye-laws shall, before
making them, publish a draft of the proposed rules or bye-laws for the information
of persons likely to be affected thereby;
(2) the publication shall be made in such manner as that authority deems to
be sufficient, or, if the condition with respect to previous publication so
requires, in such manner as the 29[government
concerned] prescribes;
(3) there shall be published with the draft a notice specifying a date on
or after which the draft will be taken into consideration;
(4) the authority having power to make the rules or bye-laws, and, where the
rules, or bye- laws are to be made with the sanction, approval or concurrence
of another authority, that authority also, shall consider any objection or
suggestion which may be received by the authority having power to make the
rules or bye-laws from any person with respect to the draft before the date
so specified;
(5) the publication in the 30[Official Gazette] of a rule or bye-law purporting
to have been made in exercise of a power to make rules or bye-laws after previous
publication shall be conclusive proof that the rule or bye-law has been duly
made.
24. Continuation of orders, etc. issued under enactments repealed
and re-enacted
Where any 13[Central Act] or Regulation, is, after the commencement of this
Act, repealed and re-enacted with or without modification, then, unless it
is otherwise expressly provided any 26[appointment, notification], order,
scheme, rule, form or bye-law, 26[made or] issued under the repealed Act or
Regulation, shall, so far as it is not inconsistent with the provisions re-enacted,
continue in force, and be deemed to have been 26[made or] issued under the
provisions so re-enacted, unless and until it is superseded by any 31[appointment,
notification], order, scheme, rule, form or bye-law, 26[made or] issued under
the provisions so re-enacted 31[and when any 13[Central Act] or Regulation,
which, by a notification under section 5 or 5A of the 32[Scheduled Districts
Act, 1874, (14 of 1874) or any like law, has been extended to any local area,
has, by a subsequent notification, been withdrawn from and re-extended to
such area or any part thereof, the provisions of such Act or Regulation shall
be deemed to have been repealed and re-enacted in such area or part within
the meaning of this section].
25. Recovery of fines
Sections 63 to 70 of the Indian Penal Code (45 of 1860) and the provisions
of the 33[Code of Criminal Procedure (5 of 1898)] for the time being in force
in relation to the issue and the execution of warrants for the levy of fines
shall apply to all fines imposed under any Act, Regulation, rule or bye-law,
unless the Act, Regulation, rule or bye-law contains and express provision
to the contrary.
26. Provision as to offences punishable under two or more enactments
Where an act or omission constitutes an offence under two or more enactments,
then the offender shall be liable to be prosecuted and punished under either
or any of those enactments, but shall not be liable to be punished twice for
the same offence.
27. Meaning of service by post
Where any 13[Central Act] or Regulation made after the commencement of this
Act authorises or requires any document to be served by post, where the expression
"serve" or either of the expressions "give" or "send"
or any other expression is used, then, unless a different intention appears,
the service shall be deemed to be effected by properly addressing, pre-paying
and posting by registered post, a letter containing the document, and, unless
the contrary is proved, to have been effected at the time at which the letter
would be delivered in the ordinary course of post.
28. Citation of enactments
(1) In any 4l[Central Act] or Regulation, and in any rule, bye-law, instrument
or document, made under, or with reference to any such Act or Regulation,
any enactment may be cited by reference to the title or short title (if any)
conferred thereon or by reference to the number and year thereof, and any
provision in an enactment may be cited by reference to the section or sub-section
of the enactment in which the provision is contained.
(2) In this Act and in any 13[Central Act] or Regulation made after the commencement
of this Act, a description or citation of a portion of another enactment shall,
unless a different intention appears, be construed as including the word,
section or other part mentioned or referred to as forming the beginning and
as forming the end of the portion comprised in the description or citation.
29. Saving for previous enactments, rules and bye-laws
The provisions of this Act respecting the construction of Acts, Regulations,
rules or bye-laws made after the commencement of this Act shall not affect
the construction of any Act, Regulation, rule or bye-law made before the commencement
of this Act, although the Act, Regulation, rule or bye-law is continued or
amended by an Act, Regulation, rule or bye-law made after the commencement
of this Act.
30. Application of Act to Ordinances
In this Act the expression 13[Central Act], wherever it occurs, except in
section 5 and the word "Act" in 34[clauses (9), (13), (25), (40),
(43), (52) and (54) of section 3 and in section 25] shall be deemed to include
an Ordinance made and promulgated by the Governor General under section 23
of the Indian Councils Act, 1861 (24 and 25 Vict., c. 67) 35[or section 72
of the Government of India Act 1915,] 36[or section 42] 37[* * *] of the Government
of India Act, 1935] 38[and an Ordinance promulgated by the President under
article 123 of the Constitution].
39[30A. Application of Act to Acts made by the Governor -General
[Rep. by the AO, 1937.]
40[31. Construction of references to Local Government of a Province
[Rep. by the AO, 1937.]
THE SCHEDULE - Enactments repealed
[Rep. by the Repealing and Amending Act, 1903 (1 of 1903) s. 4 and Sch. III
].
Foot Notes
1 The word "and" in sub-s. (1) and the sub-s. (2) rep. by Act No.
10 of 1914.
2 Substituted by the AO 1950, for the former section.
3 The word "and" omitted by the Adaptation of Laws (No. 1) Order,
1956.
4 Inserted by the Adaptation of Laws (No. 1) Order, 1956.
5 Substituted by the Adaptation of Laws (Amendment) Order, 1950, for the words
"order or bye–law".
6 Substituted by the Adaptation of Laws (No. 1) Order, 1956 for the words
"a Part A State or a Part C State".
7 Substituted by the Adaptation of Laws (No. 1) Order, 1956, for the words
and figures "under article 243 of the Constitution, and shall include".
8 Substituted by Adaptation of Laws (No. 1) Order, 1956 for the former clause
(58).
9 Substituted by the Adaptation of Laws (No. 1) Order, 1956, for the words
"or to be done after the commencement of the Constitution".
10 The words "British India", "Government of India", "High
Court", and "Local Government" rep. by the AO 1937.
11 The words "Her Majesty" or "the Queen" rep. by Act
No. 18 of 1919.
12 Substituted by the AO 1937, for words "Acts of the Governor General
in Council".
13 Substituted by, the AO 1937, for "Act of the Governor General in Council".
14 Substituted by the AO 1950, for the former section which was inserted by
the AO, 1937.
15 Substituted by the AO 1950 for the former sub-s.
16 Sub-s. (2) omitted by the AO 1950.
17 Inserted by the AO 1937.
18 Inserted by Act No. 19 of 1936.
19 The original s. 8 was renumbered as sub-s. (1) of that section by Act No.
18 of 1919.
20 Inserted by Act No. 18 of 1919.
21 Substituted by the AO 1950 for the words "Where any Act of Parliament
repeals and re-enacts".
22 See, the Limitation Act, 1963 (Act No. 36 of 1963).
23 Inserted by Act No. 18 of 1928.
24 The words "on the Government" omitted by Act No. 18 of 1919.
25 Substituted by Act No. 18 of 1928.
26 Inserted by Act No. 1 of 1903.
27 Substituted by Act No. 1 of 1903 for the word "make".
28 Substituted by Act No. 1 of 1903 for the word "made".
29 Substituted by the AO 1950, for the words "Central Government or the
Provincial Government".
30 Substituted by the AO 1937, for the word "Gazette".
31 Inserted by Act No. 17 of 1914.
32 Rep. by the AO 1937.
33 Refer to the Code of Criminal Procedure, 1973 (2 of 1974).
34 Substituted for "clauses (9), (12), (38) and (5)" by the AO 1950.
35 Inserted by Act No. 24 of 1917.
36 Inserted by the AO, 1937.
37 Words and figures "or s. 43" omitted by the AO 1947.
38 Added by the AO, 1950.
39 Inserted by Act No. 11 of 1923.
40 Inserted by Act No. 31 of 1920.
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