[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[Repealed by the Repealing and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 Majestys 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 Majestys 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 Commissioners 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 Majestys 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 Majestys 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
Governors 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 Governors Province
or a Chief Commissioners 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
GovernorGenerals 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]
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 byelaw".
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.