GENERAL CLAUSES ACT, 1897
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[Repealed by the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.
Comment:
Applying the Golden Rule of construction as stated by this Court in
Garikapatti Veeraya (AIR 1957 SC 540) (supra) in the amending Act
there was nothing to show that the Act would have retrospective
effect. As "the essential idea of a legal system is that current
law should govern current activities". We hold that rate of
compensation shall have to be determined in accordance with the
provisions of the Act which was in force at the time compensation was
payable i.e. unamended sub-section (4) of Section 25 of the Act would
apply. Moreover, the amending Act affects the substantive right of
the appellant, therefore, it would have prospective operation. There
is also no express or implied provision in the amending Act to
indicate that the Act will have retrospective effect. We, therefore,
hold that the amending Act would apply prospectively. Maharaja
Chintamani Saran Nath Shahdeo, Appellant v. State of Bihar AIR 1999
SUPREME COURT 3609
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].
MISCELLANEOUS
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.