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assignment on general clauses act 1897

The General Clauses Act of 1897 an Overview

The General Clauses Act of 1897 is a piece of legislation that provides rules for the interpretation of statutes. These rules are applicable to all Central Acts and Regulations, unless the context otherwise requires.

The General Clauses Act of 1897, often referred to as the Interpretation Act, indeed lays down the fundamental principles for interpreting legislation in India. It serves as a crucial tool for ensuring consistency and coherence in legal interpretation across various statutes. By providing standardized legal terminology, techniques, and expressions, the Act helps in avoiding ambiguity and promoting clarity in legislative language.

assignment on general clauses act 1897

Moreover, the Act establishes a set of fundamental concepts and rules that are commonly applied in the interpretation of statutes, such as those related to gender, number, tense, and territorial references, among others. These standardized principles help in ensuring uniformity and predictability in legal interpretation, thereby facilitating effective governance and administration of justice.

Overall, the General Clauses Act of 1897 plays a significant role in shaping the legal framework in India by providing a comprehensive framework for the interpretation of statutes and laying down essential principles to guide legal practitioners, judges, and lawmakers in their interpretation and application of legislation.

  • Definitions : The Act provides definitions for certain terms used in the interpretation of statutes. These definitions are applicable unless there is anything repugnant in the subject or context.
  • Gender and Number : Words importing the masculine gender also include the feminine gender, and words importing the singular number include the plural, and vice versa.
  • Singular and Plural : Words in the singular shall include the plural, and vice versa.
  • Gender-specific Terms : Words importing the masculine gender shall be taken to include females as well unless the contrary intention appears.
  • Tenses : Words in the present tense include the future tense.
  • References to Officers : References to authorities, officers, and functionaries shall include references to successors in office, or other persons authorized to exercise those powers or functions.
  • Territorial References : References to territories, districts, etc., shall be construed as references to territories, districts, etc., for the time being determined in accordance with law.
  • Computation of Time : Unless otherwise provided, time shall be computed in accordance with the Gregorian calendar.
  • Acts by Agents : Whenever an act is to be done by an authorized person, it may be done by an agent of such person unless otherwise provided.
  • Continuance of Powers, Authorities, etc. : The expiration, determination, or extinction of any power, authority, jurisdiction, or right shall not affect any acts done under that power or jurisdiction.

Objectives of the Act:

The primary objective of the General Clauses Act, 1897 is to provide a set of general principles and rules for the interpretation of statutes. Some of the specific objectives of the Act include:

  • Uniform Interpretation : To ensure uniformity and consistency in the interpretation of statutes across various laws and legal documents.
  • Avoiding Repetition : To avoid unnecessary repetition of provisions in different statutes by providing standard terminology and expressions.
  • Clarity and Precision : To promote clarity and precision in legal language by establishing standard rules for construction.
  • Facilitating Legal Certainty : To facilitate legal certainty and predictability by laying down clear principles for the interpretation of statutes, thereby reducing ambiguity and uncertainty in legal texts.
  • Adaptability : To provide a framework that can be adapted to different statutes and legal contexts, ensuring its applicability across various laws and regulations.
  • Promoting Efficiency : To promote efficiency in legal interpretation and administration by providing a standardized set of rules and principles that can be readily applied by legal practitioners, judges, and lawmakers.

The General Clauses Act’s utility in resolving conflicts or uncertainties between pre-constitutional and post-constitutional laws, as well as in cases where specific enactments lack clarity.

  • Resolution of Discrepancies : The General Clauses Act serves as a guiding tool to resolve conflicts or discrepancies between laws enacted before and after the Constitution. It provides a set of general principles for interpreting statutes, which can help in harmonizing conflicting provisions and ensuring consistency in legal interpretation.
  • Clarity in Application : In situations where specific enactments are unclear or ambiguous, the Act offers clear guidelines for interpretation. By providing rules for the construction of statutes, including principles related to definitions, gender, number, and interpretation of terms, the Act helps clarify the intended meaning of legal provisions.
  • Effective Date and Application : One of the crucial aspects addressed by the Act is the determination of the effective date of laws and their application. It specifies rules for the commencement of statutes, including provisions related to the retrospective and prospective operation of laws. This helps in ensuring that laws are applied appropriately and consistently, minimizing confusion and uncertainty.
  • Minimization of Confusion : Overall, the General Clauses Act plays a significant role in minimizing confusion and promoting legal certainty by providing clear guidelines for the interpretation and application of statutes. It acts as a bridge between different legal regimes and helps maintain continuity and coherence in the legal framework.

Applicability of the Act:

  • Territorial Extent : While the Act itself doesn’t contain a specific definition of “territorial extent,” its application extends to all Central legislation. This means that it applies to laws enacted by the central government of India, as well as any rules, regulations, or provisions created under those central laws. The Act essentially serves as a foundational framework for interpreting and applying all central statutes and regulations.
  • Applicability to Regions : If a central law is extended to any specific region, the General Clauses Act automatically extends to that region as well. This ensures that the principles and rules laid down in the Act are uniformly applied across all areas where central legislation is in force. Consequently, any central law extended to a region would incorporate the provisions of the General Clauses Act for the purpose of interpretation and application.
  • Component of Central Acts : The General Clauses Act, therefore, operates as an integral component of all central laws and regulations. Its provisions are deemed to be included in every central statute by virtue of its application to central legislation. This ensures consistency and coherence in the interpretation and application of laws enacted by the central government.

Critical Analysis

Your critical analysis provides insightful reflections on the General Clauses Act and its role in legal interpretation. Let’s delve into some key points you’ve raised:

  • Universal Principles vs. Contextual Application : You rightly point out that while the General Clauses Act provides universal principles of interpretation, their application still depends on the particulars and circumstances of each instance. This highlights the importance of considering the context and specific provisions of individual statutes when interpreting them, even though general principles may apply.
  • Comparison with Interpretation Acts in Other Countries : Your observation regarding similar legislation in other nations, often termed Interpretation Acts, underscores the commonality of the principles established by such laws globally. This demonstrates the widespread recognition of the need for standardized rules of interpretation to ensure consistency and coherence in legal systems.
  • Appropriateness of the Name “General Clauses Act” : Your argument that the name “General Clauses Act” is equally appropriate as “Interpretation Act” is valid. This is because the provisions of the Act, whether relating to definitions, construction, or interpretation, are indeed general in nature and apply broadly to all Central Acts and Regulations.
  • Interpretation of Legislative Intent : Highlighting the importance of prologues or preamble sections in Acts to understand legislative intent is crucial. Indeed, these sections provide valuable insights into the purpose and scope of legislation, aiding in its interpretation and application.
  • Key Provisions and Effects : Your mention of specific provisions, such as the definition of “financial year” and the effective date of Acts, illustrates the practical implications of the General Clauses Act in legal proceedings. Additionally, emphasizing the treatment of repealed Acts as if they never existed underscores the legal consequences of legislative changes.

Conclusion:

It highlights the need to balance universal principles with contextual considerations and underscores the Act’s role in ensuring consistency and coherence in legal systems. These are some of the general rules of construction provided under the General Clauses Act, 1897. However, it’s important to note that specific statutes may have their own interpretation clauses or rules that may override these general principles.

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The General Clauses Act-Interpreting Words and Legal Principles

  • Post author By Preksha

The General Clauses Act-Interpreting Words and Legal Principles

The General Clauses Act of 1897 establishes the fundamental foundation for interpreting the legislation. The act is also known as the Interpretation Act . It provides a standard set of legal terminology, techniques, and expressions that serve to avoid repetition and a standard set of concepts used in legislation. It defines things more clearly by providing standards for interpretation and expression.

The purpose of the legislation is to ensure uniformity of speech by defining a set of commonly used terminology. So, one of the statutory aids to interpretation is the General Clauses Act making the statutory language more concise.

Table of Contents

What is the General Clauses Act?

On March 11, 1897, the General Clauses Act of 1897 was enacted to combine and expand the General Clauses Acts of 1868 and 1887.

The Act covers all fields of law and contains provisions relating to the interpretation of the General Clauses Act and other Indian legislation. The Act’s definition applies only when the context requires it.

The General Clauses Act contains “definitions” of various terms and some general interpretation guidelines.

The general definitions will apply to all Central Acts and legislations where no definition is provided except its subject or context is objectionable.

When there is a disagreement between pre-constitutional and post-constitutional laws and no clear definition in the individual enactments, the General Clauses Act seems very useful. To minimise ambiguity, the Act provides a clear suggestion for contradictory sections and distinguishes the acts according to their commencement and enforcement dates.

The General Clauses Act was designed to make legislative laws more concise and to eliminate the duplication of the same words across the same piece of law. Wherever possible, the purpose of an act is to avoid redundant language in a statute.

Objectives and importance of the General Clauses Act

The Act consolidates many provisions concerning word interpretation and legal principles into a single statute that would typically get stated separately in numerous Acts and legislation.

As a result, whatever the Act specifies about the interpretation of words or legal principles, it must be read in any act or legislation to which it applies.

The Act has several goals, including:

  • To make Central Acts’ language more concise;
  • To ensure uniformity of phrasing in Central Acts by providing definitions for a set of commonly used terms;
  • To express some useful rules for the construction and interpretation of the central acts explicitly.
  • To prevent errors and omissions by incorporating some common form clauses into each act that would otherwise get included in each Central Act.

The Supreme Court outlined the Act’s objective in the matter of Chief Inspector of Mines v. Karam Chand Thapar . The court stated that the General Clauses Act aims to consolidate many provisions about word interpretation and legal principles that would ordinarily have to be defined separately in various Acts and legislations into a single statute. Legislation’s goal is to eliminate superfluous wording from statutes whenever possible.

The Act specifies how general Acts and other legislation with an all-India scope should get construed. Its significance is clear in light of the many legislations to which it applies.

However, much more may be said regarding the significance of the Interpretive Act, termed the “Law of All Laws.”

Essential definitions under the General Clauses Act

Section 3 of the Act is the main section containing definitions that apply to the act itself and all the central acts and legislation post-1897.

The General Clauses Act does not apply when the acts contain separate and specific definitions of their own or when the subject or context of the term is objectionable.

Section 3 defines 67 terms and phrases usually used in legislation and intends to act as a dictionary for the terms and phrases. Some of the essential terms and phrases include:

Section 3(2) “Act” : When rendering a crime or a civil wrong, the term “act” relates to a series of actions and expressions pertaining to acts done and to whether legal or illegal omissions.

An act necessary to perform does not have to be positive; it can also include acts prohibited by decree. This term is based on Indian Penal Code sections 32 and 33 and relates to civil and criminal wrongdoings.

The term ‘act’ encompasses both legal and unlawful omissions but excludes non-legal omissions.

Section 3(3) “Affidavit” : Affidavits shall contain affirmation and declaration in the context of those permitted by law to affirm or declare rather than swear.

The definition provided above is broad in scope. Affidavits must include affirmations and declarations, according to the law. The affidavit is not defined in this definition.

  • A statute of the Dominion Legislature or the Indian Legislature enacted before the Constitution’s inception, and
  • An Act passed by the Governor-General in Parliament or his or her legislative capacity before the act’s commencement;

Section 3(13) “Commencement”: When referring to the Acts or legislation, the term “commencement” refers to the date on which the Law or legislation becomes effective.

The procedure by which legislation, rules, treaties, and other regulatory frameworks gain legal authority and become effective is referred to as commencement . A law cannot be considered in effect unless put into effect through legislative action or through the application of authority by an authorised representative to do so.

  • Section 3(18) “Document”: Any matter written, conveyed, or characterised on any material by way of letters, figures, or symbols, or even by more than either of those means to record that matter, will be referred to as a “document.”

Section 3(22) “Good Faith”: Under the General Clauses Act, the subject of good faith is a factual one and is to be determined based on the specific facts of each instance. As a result, anything handled with proper care and attention that isn’t malicious is deemed to be undertaken in good faith.

The term “good faith” has been defined differently in different enactments.

The definition of good faith does not apply to any law that specifies a unique meaning of the term “good faith,”. This definition is only appropriate if the subject or context is not objectionable, and if such is the case, the term is not relevant.

Section 3(23) “Government”: The term ‘government’ or ‘the government’ refers to state and central governments. As a result, whenever the term “government” is mentioned, it refers to central and state governments.

The explanation clarifies that the word “government,” often used as a simple acronym, can be used in either of the two meanings mentioned depending on the context.

The Legislature, the Executive, and the Judiciary are the three wings of government in general; yet, it only refers to the Executive in a narrow sense. As a result, the meaning to get attributed to that expression is contingent on the situation it is employed.

According to section 53 of the IPC, offenders are subject to one of two types of imprisonment: harsh (i.e., with hard labour) or simple (i.e., with no hard labour). As a result, when an Act specifies that an act is punishable by sentence, the Court may, at its authority, make the imprisonment strict or light.

  • Any Act, ordinance, legislation, rule, order, by-law, or another instrument having legal force in any province of India or part thereof before the beginning of the Constitution
  • Any law that has the legal force in any Part A or Part C State or part thereof after the commencement of the Constitution but does not involve any Act of British parliament or any Order in Council, rule, or other component made under such Act.
  • Section 3(65) ” Writing”: The term “writing” includes printing, lithography, photography, and other ways of displaying or reproducing words in visible forms.

General rules of formation of the General Clauses Act

Coming into operation of enactment (section 5).

If a Central Act does not specify a date for its implementation, it will get executed when:

  • It receives the Governor General’s assent in the case of the Central Act.
  • It is enacted before the beginning of the Constitution of India and/or
  • It is provided with the President’s approval in the case of a Parliamentary act.

If a precise implementation date is specified in the Gazette, the Act will take effect on that date.

Effect of Repeal (Section 6)

Unless some other reason exists, any central legislation or legislation enacted after the commencing of the General Clauses Act shall not repeal any Act which is enacted or is yet to be enacted. The repeal shall not:

  • Resurrect something that was not implemented or established during the period of repeal.
  • Impact the prior operation of any repealed enactment or anything done or experienced under it.
  • Affect any right, privilege, duty, or responsibility obtained, accrued, or incurred due to any repealed legislation.
  • Affect any penalty, forfeiture, or punishment imposed in connection with any crime committed in violation of any repealed legislation
  • Affect any investigation, litigation, or remedy relating to such claims, privilege, debt, or obligation, or any investigation, litigation, or remedy that may be started, continued, or insisted upon.

Repeal of an act that modifies the language of an act or legislation (Section 6A)

If any Central Act or legislation enacted after the enactment of the General Clauses Act attempts to repeal any legislation by which the content of any Central Act or Legislation was revised by the:

  • explicit omission,
  • insertion, or
  • replacement of any matter,

The repeal shall not prejudice the continuation of any such revision made by the legislation which is repealed and in effect at the time of such repeal unless a different purpose appears.

Reinstatement of abolished statutes (Section 7)

To recover, either entirely or partly, any legislation wholly or partially abolished, it shall be essential to specify that purpose in any Central Act or legislation adopted after the beginning of the General Clauses Act.

This clause also applies to all Central Acts enacted after January 3, 1968, and any legislation enacted on or after January 14, 1887.

Construction of repealed enactment references (Section 8)

If any provision of this enactment is repealed or re-enacted with or without any modification, then the previous provision before re-enactment should be considered as a reference to the provision re-enacted unless a different intention appears from the newly enacted provision.

Time Computation

If any law or proceeding is instructed or permitted to be completed or taken in any court or office on a specific day or within a period prescribed by any legislation or legislation, and the Court or office is shut on that day or on the last day of the period prescribed, the act or proceeding shall be regarded as complete or taken in due period if it is done or taken the next day the Court or office is open.

Distance measurement

Unless a contrary intention shows, any distance calculated for the objectives of any Central Act or Legislation issued after the commencing of this Act shall be calculated in a horizontal line in a flat direction.

One of the legislative aids to interpretation is the General Clauses Act. This Act specifies the meaning of a term in general, rather than a strict or exhaustive, sense. Its purpose is to make the statutory language more concise.

The General Clauses Act of 1897 intends to create general definitions that apply to all the Central Statutes and legislations that lack a definition. Every Law has a preamble that defines the Act’s scope, intent, and purpose, and it is the primary source for determining the legislative intent underlying the Act.

It provides that where legislation does not expressly provide a specific date of effect, it will take effect on the day it obtains the President’s assent. When an act is revoked, it must be treated as if it never existed in the first place.

FAQs on General Clauses Act

When did the general clauses act come into force.

On March 11th, 1897

What, according to the following legislation, is not an immovable property?

Who promulgates the ordinance.

Ordinance is promulgated by the President when the parliament is not in session.

Which section defines words and expressions?

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assignment on general clauses act 1897

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A brief discussion on the importance and purposes of enacting General Clauses Act,1897 and reasons for considering it as a Legislative Dictionary

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2021, Golam Ahmed Pasha

This paper is regarding e importance and purposes of enacting the General Clauses Act,1897 and reasons for considering it as a Legislative Dictionary in Bangladesh perspective.

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THE GENERAL CLAUSES ACT, 1897

The General Clauses Act, 1897 was enacted on March 11, 1897 to combine and expand the General Clauses Act, 1868 and 1887. The general definitions provided under the Act shall be applicable to all Central Acts and Regulation where there is no definition in the Act that conflicts with the provisions of the Central Acts or regulations.

The Act defines ‘affidavit’ as an assertion and declaration by persons who are authorized by law to do so or proclaim other than for swearing. According to the Act a ‘document’ shall comprise of any written subject, expressed or depicted upon any material in the mode of letter, numbers or marks or other modes that is planned to be utilized to record that subject. An ‘immovable property’ means any land, profits that obtained from the land and the things that are appended to the earth or enduringly fastened to any object that are appended to the earth. A ‘movable property’ means the property of all kind but not including immovable property. The Act further defines a ‘person’ as a company or organization or group of individuals, whether such body is incorporated or not.

The Act explains the meaning of ‘regulation’ formulated by the President according to Article 240 and Article 243 of the Constitution and shall comprise of regulations made under the Government of India Act, 1870 or Government of India Act, 1915 or Government of India Act, 1935 by the Central Government. The ‘rule’ shall mean rule made in exercise of the authority of any legislation and the regulation issued as a rule framed under the legislation.

Where legislation is not specifically mentioned to come into force on a prescribed date, it shall be implemented on the day that it receives the assent of the Governor General before the commencement of the Indian Constitution and thereafter of the President. The regulation shall come into force instantly on the ending of the day prior to its commencement unless expressly provided. Where any Central legislation or any regulation enacted after the commencement of this Act repeals any Act made or yet to be made, unless another purpose exists, the repeal shall not:

  • Renew anything not enforced or prevailed during the period at which repeal is effected or;
  • Affect the prior management of any legislation that is repealed or anything performed or undergone or;
  • Affect any claim, privilege, responsibility or debt obtained, ensued or sustained under any legislation so repealed or;
  • Affect any punishment, forfeiture or penalty sustained with regard to any offence committed as opposed to any legislation or
  • Affect any inquiry, litigation or remedy with regard to such claim, privilege, debt or responsibility or any inquiry, litigation or remedy may be initiated, continued or insisted.

In any Central legislation or regulation framed subsequent to the enforcement of the legislation, it shall be essential to revive any legislation either entirely or partly repealed expressly to provide the purpose. Furthermore, if the present legislation or any Central enactment or regulation made subsequent to the enactment, repeals or restructure with or without amendments of the prior legislation, then the indication in any other legislation or any other mechanism to the provision that has been repealed shall be interpreted as indication to the provision that has been re-enacted. If any Central legislation or regulation made after the implementation of any legislation or procedure is ordered or permitted to be performed or taken in any Court or office on a particular day or within specified time, then if the Court or office is not opened on that day or last day of the specified period, the legislation or proceedings shall be deemed to be performed or taken in due time if it is performed or taken on the subsequent day afterward the Court reopens.

The General Clauses Act is very effective in the absence of clear definition in the specific enactments and where there is a conflict between the pre-constitutional laws and post-constitutional laws. The Act gives a clear suggestion for the conflicting provisions and differentiates the legislation according to the commencement and enforcement to avoid uncertainty.

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Legalversity

The General Clauses Act, 1897

Admin

  • January 23, 2022

It is an Act to consolidate and extend the General Clauses Act, 1868 and 1887.

WHEREAS it is expedient to consolidate and extend the General Clauses Acts, 1868.

(1 of 1887), it is hereby enacted as follows:-

1. Short title –

(1) This Act may be called the General Clauses Act, 1897

2. Repeal – (Repealed by the Repealing and Amending Act, 1903 (1 of 1903), Sec. 4 and Schedule III)

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, “Abet”, with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860).

“Act”, used with reference to an offense or a civil wrong, shall include a series of acts, and words which refer to acts done extend also to illegal omissions,

“affidavit” shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing, “barrister” shall mean a barrister of England or Ireland or a member of the Faculty of Advocates in Scotland,

“British India” shall mean, as respects the period before the commencement of Part III of Government of India Act, 193, 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 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 Bearer.

“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.

“Central Act” shall mean an Act of Parliament, and shall include- An Act of the Dominion Legislature or of the Indian Legislature passed before the commencement of the Constitution, and Act made before such commencement by the Governor-General in Council or the Governor-General, acting in a legislature capacity.

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The General Clauses Act, 1897

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Home » Bare-acts » General Clauses Act 1897

General Clauses Act 1897

by B&B Associates | Nov 8, 2017 | 0 comments

PRELIMINARY

Short title —  (1) This Act may be called the General Clauses Act 1897

  • Repeal. — [ Repealed by the Repealing and Amending Act, 1903 (1 of 1903) ].

GENERAL DEFINITIONS

[1] [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 means 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 legislature capacity;

(8) “Central Government” shall, —

(a) in relation to anything done before the commencement of the Constitution, mean 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 Governor 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, mean 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;

(ii) in relation to the administration of a Part C State  [2] [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;  [3] [and

(iii) in relation to the administration of a Union territory, the administrator thereof acting within the scope of 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) elsewhere, 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 Westminister, 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, mean any part of His Majesty’s dominions exclusive of the British Islands and of British India;

and in either case where parts of those dominions are under both a Central and Local Legislature, all parts under the Central Legislature shall, for the purpose 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 or 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 honesty, 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 respect 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, 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 or 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 wearing;

(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 the First Schedule 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 the 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 is 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 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 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;

[5] [(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 the First Schedule 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;

(b) as respects anything done 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;

[6] [(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;

[7] [(62A) “Union territory” shall mean any Union territory specified in the First Schedule 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) expressions 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.]

  • Application of foregoing definitions to previous enactments. — (1) The definitions in Section 3 of the following words and expressions, that it to say, “affidavit”, “barrister”, “District Judge”, “father”, “immovable property”, “imprisonment”, “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 Central Acts made after the third day of January, 1868, and to 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 Central Acts and Regulations made on or after the fourteenth day of January, 1887.

[8] [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

  • Coming into operation of enactments. — [9] [(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 th 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.]

[10] [* * *]

(3) Unless the contrary is expressed, a Central Act or Regulation shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.

  • Effect of repeal. — Where this Act, or any 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.

6A. Repeal of Act making textual amendment in Act or Regulation. — Where any Central Act or Regulation made after the commencement of this Act repeals any enactment by which the text of any 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.

  • Revival of repealed enactments. — (1) In any 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 Central Acts made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

  • Construction of references to repealed enactments. — (1) Where this Act, or any 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.

(2)  [11] [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 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.

  • Commencement and termination of time. — (1) In any 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”.
  • Computation of time. — (1) Where, by any 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 proceeding 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  [12] [Indian Limitation Act, 1877 (15 of 1877)], applies.

(2) This section applies also to all Central Acts and Regulations made on or after the fourteenth day of January, 1887.

  • Measurement of distances. — In the measurement of any distance, for the purpose of any 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.
  • 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.
  • Gender and number. — In all Central Acts and 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.

13A. References to the Sovereign. —   [ Rep. by the A.O. 1950. ]

POWERS AND FUNCTIONARIES

  • Powers conferred to be exercisable from time to time. — (1) Where, by any Central Act or Regulation made after the commencement of this Act, any power is conferred then unless a different intention appears that power may be exercised from time to time as occasion requires.
  • Power to appoint to include power to appoint ex offico. — Where, by any 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.
  • Power to appoint to include power to suspend or dismiss. — Where, by any Central Act or Regulation, a power to make any appointments is conferred, then, unless a different intention appears, the authority having for the time being power to make the appointment shall also have power to suspend or dismiss any person appointed whether by itself or any other authority in exercise of that power.
  • Substitution of functionaries. — (1) In any 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.
  • Successors. — (1) In any 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.
  • Official chiefs and subordinates. — (1) In any 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 Central Act 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

  • Construction of notifications, etc., issued under enactments. — Where, by any Central Act or Regulation, a power to issue any notification, order, scheme, rule, form, or bye-law is conferred, then expressions used in the 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.
  • Power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws. — Where, by any Central Act or Regulation, a power to 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 notifications, orders, rules or bye-laws so issued.
  • Making of rules or bye-laws and issuing of orders between passing and commencement of enactment. — Where, by any 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.
  • Provisions applicable to making of rules or bye-laws after previous publication. — Where, by any 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  [13] [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 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-laws has been duly made.

  • Continuation of orders, etc., issued under enactments repealed and re-enacted. — Where any 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 appointment notification, order, scheme, rule, form or bye-law, 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 made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the provisions so re-enacted and when any Central Act or Regulation, which, by a notification under Section 5 or 5A of the 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 the 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

  • Recovery of fines. — Sections 63 to 70 of the Indian Penal Code (45 of 1860) and the provisions of the  [14] [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.
  • 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.
  • Meaning of service of post. — Where any Central Act or Regulation made after the commencement of this Act authorizes 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.

Where addressee refused to accept letter, the presumption of due or proper service arises and knowledge of contents of letter is imputed to addressee. AIR 1981 S.C. 1284.

Notice sent per registered post — Refusal by addressee to accept notice must be presumed to have been served.  Jagdish Singh v. Nathu Singh,  AIR 1992 S.C. 1604.

  • Citation of enactments. — (1) In any Central Act or Regulation, and in any rule, bye-law, instrument of 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 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.

  • 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 is continued or amended by an Act, Regulation, rule or bye-law made after the commencement of this Act.
  • Application of Act to Ordinances. — In this Act the expression Central Act, wherever it occurs, except in Section 5 and the word “Act” in  [15] [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 or Section 72 of the Government of India Act, 1915, or Section 42 of the Government of India Act, 1935 and an Ordinance promulgated by the President under article 123 of the Constitution.]

30.A Application of Act to Acts made by the Governor-General.  — [ Rep. by the A.O. 1937 ].

  • Construction of references to Local Government of a Province. — [ Rep. by the A.O. 1937. ].

THE SCHEDULE.  — Enactments repealed. — [ Rep. by the Repealing and Amending Act, 1903 (1 of 1903).

 ___________________

[1]  Section 3 subs. by the A.O. 1950.

[2]  Ins. by the Adaption of Laws Order (No. 1) Order, 1956.

[3]  Ins. by the Adaption of Laws Order (No. 1) Order, 1956

[4]  Ins. by the Adaption of Laws (No. 1) Order, 1956.

[5]  Subs. by the Adaption of Laws (No. 1) Order, 1956.

[6]  Ins. by the Adaption of Laws (No. 1) Order, 1956.

[7]  Ins. by the Adaption of Laws (No. 1) Order, 1956.

[8]  Subs. by the A.O. 1950.

[9]  Subs. by the A.O. 1950, for sub-section (1).

[10]  Sub-section (2) omitted by the A.O. 1950.

[11]  Subs. by the A.O. 1950 for certain words.

[12]  See now Limitation Act, 1963 (36 of 1963).

[13]  Subs. by the A.O. 1950, for “Central Government or the Provincial Government.”

[14]  Now see Code of Criminal Procedure 1973.

[15]  Subs. by the A.O. 1950, for “clauses (9), (12), ((38), (48) and 50”.

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The General Clauses Act, 1897

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  1. The General Clauses Act of 1897 an Overview

    The General Clauses Act of 1897 is a piece of legislation that provides rules for the interpretation of statutes. These rules are applicable to all Central Acts and Regulations, unless the context otherwise requires. The General Clauses Act of 1897, often referred to as the Interpretation Act, indeed lays down the fundamental principles for ...

  2. The General Clauses Act-Interpreting Words and Legal Principles

    On March 11, 1897, the General Clauses Act of 1897 was enacted to combine and expand the General Clauses Acts of 1868 and 1887. The Act covers all fields of law and contains provisions relating to the interpretation of the General Clauses Act and other Indian legislation. The Act's definition applies only when the context requires it.

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  5. PDF GENERAL CLAUSES ACT 1897

    The General Clauses Act, 1897 was enacted on 11th March, 1897 to consolidate and extend the General Clauses Act, 1868 and 1887. OBJECT, PURPOSE, IMPORTANCE OF GCA The objects of the Act are several, namely: 1. To shorten the language of Central Acts:- It provides principals to follow the

  6. PDF THE GENERAL CLAUSES ACT, 1897 ARRANGEMENT OF SECTIONS

    An Act to consolidate and extend the General Clauses Act, 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. 2Short title.—(1) This Act may be called the General Clauses Act, 1897; *** 3 * 2. [Repeal.]

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    Short title -. This Act may be called the General Clauses Act, 1897. Repeal -. (Repealed by the Repealing and Amending Act, 1903 (1 of 1903), Sec. 4 and Schedule III) 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 ...

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    THE GENERAL CLAUSES ACT, 1897 (ACT NO. X OF 1897). [11th March, 1897] 1887. An Act to consolidate and extend the General Clauses Acts, 1868 and WHEREAS it is expedient to consolidate and extend the General Clauses Acts, 1868 and 1887; It is hereby enacted as follows:- PRELIMINARY Short title 1. This Act may be called the General Clauses Act ...

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    (1) This Act may be called the General Clauses Act, 1897.1 OBJECT OF ACT The General Clauses Act, 1897, may be described as the draftsman's Act. It is the utmost importance to him for the purposes of his craft. Its objects are to shorten the language of statutory enactments, to provide, as far as

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    6. Repeal of perpetual Act and expiry of temporary Act-Similarity between. 7. Provision in Bill of 1897. 8,9. Position as to expiry of temporary Acts in India. 10. Care to be taken while drafting.

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    THE GENERAL CLAUSES ACT, 1897. The General Clauses Act, 1897 was enacted on March 11, 1897 to combine and expand the General Clauses Act, 1868 and 1887. The general definitions provided under the Act shall be applicable to all Central Acts and Regulation where there is no definition in the Act that conflicts with the provisions of the Central ...

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    Short title -. (1) This Act may be called the General Clauses Act, 1897. 2. Repeal -. (Repealed by the Repealing and Amending Act, 1903 (1 of 1903), Sec. 4 and Schedule. III) 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 ...

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    By virtue of provisions of S. 13(2) of General Clauses Act, 1897, where under words in a statute in singular shall includes plural and vice versa, expression "citizens" shall include one citizen. Meaning thereby that where even one of party is a muslim citizen of Pakistan, provisions of ordinance would be attracted.

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    THE GENERAL CLAUSES ACT, 1897 ACT NO. X OF 1897 [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 and 1887; It is hereby enacted as follows: PRELIMINARY Short title 1. This Act may be called the General Clauses Act, 1897. 2.

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    The General Clauses Act, 1897. ( ACT NO. X OF 1897 ) [ 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 and 1887; It is hereby enacted as follows:-.

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    The General Clauses Act, 1897: Long Title: An Act to consolidate and extend the General Clauses Act, 1868 and 1887. Department: Department of Administrative reforms: Enforcement Date: 11-03-1897: Type: CENTRAL ACT (Ministry of Law and Justice, Legislative Department) Location: Uttar Pradesh: Ref Act ID: 189710: Schedule 1. THE SCHEDULE.

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    7. Clause (8a) was repealed by section 3 and Schedule II of the Federal Laws (Revision and Declaration) Act, 1951 (Act No. XXVI of 1951). 8. Clause (8aa) was substituted, for Clause (8aa) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972). 9.

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    THE GENERAL CLAUSES ACT, 1897 1Act No. X OF 1897 [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 (I of 1868) and 1887 (I of 1887); it is hereby enacted as follows: — PRELIMINARY 1. Short title.—(1) This Act may be ...