(1) This Act may be called the General Clauses Act, 1897; 3[* * *]

(2) 4[* * *]

5[* * *]

GENERAL DEFINITIONS

6[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 the 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 the establishment of the Dominion of India means all territories for the time being comprised within the Governors' Provinces and the Chief Commissioners' Provinces, except that a reference to British India in an Indian Law passed or made before the commencement of Part III of the Government of India Act, 1935, shall not include a reference to Berar;

(6) British possession shall mean any part of Her majesty's dominions, exclusive of the United Kingdom, and, where parts of those dominions are under both a Central and a local Legislature all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one British possession;

(7) Central Act shall mean an Act of Parliament, and shall include

(a) an Act of the Dominion Legislature or of the Indian Legislature passed before the commencement of the Constitution, and

(b) an Act made before such commencement by the Governor-General-in-Council or the Governor-General, acting in a legislative capacity;

7[(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 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 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; 8[* * *]

(ii) in relation to the administration of a Part C State 9[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;] 10[and]

11[(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, the Board;

(b) in a State where there is 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 Dominion 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, 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 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 authorized 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, 12[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 290-A of the Government of India Act, 1935, were immediately before the commencement of the Constitution being administered as if they formed part of a Governor's Province or as if they were a Chief Commissioner's Province;

(35) month , shall mean a month reckoned according to the British calendar;

(36) movable property , shall mean property of every description, except immovable property;

(37) oath shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;

(38) offence shall mean any act or omission made punishable by any law for the time being in force;

(39) Official Gazette or Gazette shall mean the Gazette of India or the Official Gazette of a State;

(40) Part shall mean a Part of the Act or Regulation in which the word occurs;

(41) Part A State shall mean a State for the time being specified in Part A of the First Schedule to the Constitution 13[as in force before the Constitution (Seventh Amendment) Act, 1956], Part B State shall mean a State for the time being specified in Part B of that Schedule and Part C State shall mean a State for the time being specified in Part C of that Schedule or a territory for the time being administered by the President under the provisions of Article 243 of the Constitution;

(42) person shall include any company or association or body of individuals, whether incorporated or not;

(43) Political Agent shall mean,

(a) in relation to any territory outside India, the Principal Officer, by whatever name called, representing the Central Government in such territory; and

(b) in relation to any territory within India to which the Act or Regulation containing the expression does not extend, any officer appointed by the Central Government to exercise all or any of the powers of a Political Agent under that Act or Regulation;

(44) Presidency-town shall mean the local limits for the time being of the ordinary original civil jurisdiction of the High Court of Judicature at Calcutta, Madras or Bombay, as the case may be;

(45) Province shall mean a Presidency, a Governor's Province, a Lieutenant Governor's Province or a Chief Commissioner's Province;

(46) Provincial Act shall mean an Act made by the Governor-in-Council, Lieutenant Governor-in-Council or Chief Commissioner in Council of a Province under any of the Indian Councils Acts or the Government of India Act, 1915, or an Act made by the local legislature or the Governor of a Province under the Government of India Act, or an Act made by the Provincial Legislature or Governor of a Province or the Coorg Legislative Council under the Government of India Act, 1935;

(47) Provincial Government shall mean, as respects anything done before the Commencement of the Constitution, the authority or person authorized 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 (45 of 1860);

(49) registered , used with reference to a document, shall mean registered in 14[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 15[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 Districts 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;

16[(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 authorized at the relevant date to exercise executive government in the corresponding Acceding State, and in a Part C State, the Central Government; 17[* * *]

(b) as respects anything done 18[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, Rajpramukh, and in a Part C State, the Central Government;

19[(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 253-A 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;

20[(62-A) 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].

(1) The definitions in Section 3 of the following words and expressions, that is to say, affidavit , barrister , District Judge , father , 21[* * *] 22[* * *] 23[* * *] immovable property , imprisonment , 24[* * *] 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 25[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 26[Central Acts] and Regulations made on or after the fourteenth day of January, 1887.

27[4-A. 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 of 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

28[(1) Where any Central Act is not expressed to come into operation on a 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.]

29[* * *]

(3) Unless the contrary is expressed, a 30[Central Act] or Regulation shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.

5-A. Coming into operation of Governor-General s Act. 31[* * *]

Where this Act, or any 32[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 any thing 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.

33[6-A. Repeal of Act making textual amendment in Act or Regulation. Where any 34[Central Act] or Regulation made after the commencement of this Act repeals any enactment by which the text of any 35[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].

36(1) In any 37[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 38[Central Acts] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

39[(1)] 40Where this Act, or any 41[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.

42[(2) 43[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 reference in any 44[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.]

(1) In any 45[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 or .

(2) This section applies also to all 46[Central Acts] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

(1) Where, by any 47[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 Indian Limitation Act, 1877,48 applies.

(2) This section applies also to all 49[Central Acts] and Regulations made on or after the fourteenth day of January, 1887.

50In the measurement of distance, for the purposes of any 51[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 place.

Where, by any enactment now in force or hereafter to be in force, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandize, then a like duty is leviable according to the same rate on any greater or less quantity.

In all 52[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.

13-A. References to the Sovereign. 53[* * *]

POWERS AND FUNCTIONARIES

(1) Where, by any 54[Central Act] or Regulation made after the commencement of this Act, any power is conferred 55[* * *], then, 56[unless a different intention appears,] that power may be exercised from time to time as occasion requires.

(2) This section applies also to all 57[Central Acts] and Regulations made on or after the fourteenth day of January, 1887.

Where, by any 58[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.

Where, by any 59[Central Act] or Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the authority having 60[for the time being] power to make the appointment shall also have power to suspend or dismiss any person appointed 61[whether by itself or any other authority] in exercise of that power.

(1) In any 62[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 functions 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 63[Central Acts] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

(1) In any 64[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 65[Central Acts] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

(1) In any 66[Central Act] or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of expressing that a law relating 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 67[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

68Where, by any 69[Central Act] or Regulation, a power to issue any 70[notification], order, scheme, rule, form, or bye-law is conferred, then expressions used in the 71[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.

72Where, by any 73[Central Act] or Regulation, a power to 74[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 75[notifications], orders, rules or bye-laws so 76[issued].

77Where, by any 78[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.

Where, by any 79[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 80[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-law has been duly made.

Where any 81[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 82[appointment, notification,] order, scheme, rule, form or bye-law, 83[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 84[made or] issued under the provisions so re-enacted, unless and until it is superseded by any 85[appointment, notification,] order, scheme, rule, form or bye-law 86[made or] issued under the provisions so re-enacted 87[and when any 88[Central Act] or Regulation, which, by a notification under Section 5 or 5-A of the Scheduled Districts Act, 187489 (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

Section 63 to 70 of the Indian Penal Code (45 of 1860) and the 90provisions of the 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 an express provision to the contrary.

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.

91Where any 92[Central Act] or Regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression serve or either of the expression 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.

93(1) In any 94[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 95[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.

9629. 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.

97[30. Application of Act to Ordinances. In this Act the expression 98[ Central Act ] wherever it occurs, except in Section 5, and the word Act in 99[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),] 100[or Section 72 of the Government of India Act, 1915 (5 and 6 Geo, S.C. 61),] 101[or Section 42 102[* * *] of the Government of India Act, 1935 (26 Geo, S.C. 2] 103[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. 104[* * *]

31. Construction of references to Local Government of a Province. 105[* * *]

106[* * *]

Whereas, for the purpose of dealing with the administration of evacuee properties, the Central Government had enacted the following Acts, namely

(i) The Administration of Evacuee Property Act, 1950 (31 of 1950);

(ii) The Displaced Persons (Claims) Act, 1950 (44 of 1950);

(iii) The Evacuee Interest (Separation) Act, 1951 (64 of 1951);

(iv) The Displaced Persons (Claims) Supplementary Act, 1954 (12 of 1954); and

(v) The Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954).

And whereas the aforesaid enactments stand repealed by enacting the Displaced Persons Claims and Other Laws Repeal Act, 2005 (38 of 2005);

And whereas, the Displaced Persons Claims and Other Laws Repeal Act, 2005 (38 of 2005) does not contain specific savings clause and thus the provisions of Section 6 of the General Clauses Act, 1897 (10 of 1897);

And whereas, it has become necessary to delegate powers to the officers of Government of the National Capital Territory of Delhi to exercise powers under various provisions of the aforesaid repealed Acts to enable them to dispose of pending claims, notwithstanding such repeal.

Now, therefore, in pursuance of the provisions of Section 6 of the General Clauses Act, 1897 (10 of 1897) the Central Government hereby appoints the officers of the National Capital Territory of Delhi specified in column (4) of the Table below, to exercise such powers as specified in the corresponding entry under column (2) of the said table, under the provisions of the law as specified in the corresponding entry under column (3) thereof.

TABLE

NOTES ON CLAUSES107

Clause 3. This clause brings together and defines sixty-two words and phrases of more or less frequent occurrence in the Indian Statute Book. The arrangement is in alphabetical order, and in accordance with that order, as also with a view to obviating the risk of oversight, the definitions of father and son and of the cognate expressions affidavit , oath and swear have been separated and inserted each in its proper place.

Clause 3(7). The definition of British India is mentioned in the Statement of Objects and Reasons above, taken from the Interpretation Act, 1889 [52 and 53 Vict., c. 63, S. 18(4)].

Clause 3(17). The definition of enactment suggested by this clause is intended to remove certain doubts which have from time to time been raised as to the meaning of the word.

Clause 3(20). The expression Gazette is here defined in accordance with the prevailing usage. The definition will be useful as tending to shorten and simplify the language of the provisions of very many enactments.

Clause 3(21). It will be observed that this definition differs materially from that contained in the Indian Penal Code, but it is believed that it is a better, being a more equitable and reasonable, definition of the expression good faith . It is now well established in England; for, as Lord Denman, C.J., remarked as far back as in 1836 in Goodman against Harvey (4 A & E, at page 876), gross negligence may be evidence of mala fides, but is not the same thing. We have shaken off the last remnant of the contrary doctrine . (See also Jones v. Gordon, LR 2 App Cas 629, and Derry v. Peek, LR 14 App Cas 337). Where it is intended to afford protection only in the case of a person who acts in good faith and without negligence, it seems better to say so in terms.

Clause 3(22). Experience has suggested the desirability of providing a definition of the expression Government . The present practice is to refer specifically to the Governor-General in Council when the Government of India only is meant and to the Local Government when a subordinate Administration alone is in view; but it is frequently useful to refer in general terms to the Government, as, for example, in legislation affecting public property and the question has more than once arisen whether such phraseology includes the Local Government concerned as well as the Supreme Government. It is proposed, by introducing here the definition which is already to be found in the Code of Civil Procedure, to make it clear for the future that, unless a different intention appears from the context, it does.

Clause 3(25). The definition of the expression High Court in the General Clauses Act (I of 1868), Section 2(II), has reference only to civil proceedings. A definition in its relation to criminal proceedings, which has been taken from the Code of Criminal Procedure, 1882, Section 4(i), has been added.

Clause 3(28). This definition of India is taken verbatim from the Interpretation Act, 1889, Section 18(5).

Clause 3(47). The phrase used with reference to a document , and also the words in British India , have been inserted in the existing definition of registered contained in Section 3(11) of the General Clauses Act (I of 1887), and the new definition is, by clause 4(2) of the Bill, declared to govern all enactments passed since the 14th January, 1887. The additions, however, really do no more than indicate with greater precision the proper construction to be placed upon the definition of 1887, and it cannot be said that any change in the law will be effected thereby.

Clause 3(57). The words with its grammatical variations and cognate expressions have been interpolated in the definition of the word swear to be found in Section 2(17) of the General Clauses Act (I of 1868), but the law has no doubt always been so interpreted.

Clause 3(58). In this case also the definition contained in Section 3(13) of the existing Act (I of 1887), has been slightly amplified, but not, it is thought, so as to affect the substance.

Clause 3(60). In re-enacting the definition of will in Section 2(16) of the General Clauses Act (I of 1868) it has been thought expedient to substitute the word disposition for the word distribution . The former would seem to express the intention more accurately than the latter.

Clause 3(61). The definition of writing given by the Interpretation Act, 1889 (52 and 53 Vict., c. 63, S. 20), is here proposed in substitution for that contained in Section 3(14) of the General Clauses Act (I of 1887). The English definition seems to be fuller and clearer than the Indian, but the latter has, it is believed, consistently been interpreted so as to be practically identical with the former.

Clause 4. This clause is declaratory of the existing law. The first paragraph provides that all the definitions in the preceding clause which are reproduced from the General Clauses Act (I of 1868), apply also to all Acts of the Governor-General in Council passed after the 3rd January, 1868 (the date on which the Governor-General's assent was given to that law), and to all Regulations (as defined in Clause 3), made after the 14th January, 1887 (the date on which the Governor-General's assent was given to the General Clauses Act, 1887, Section 10 of which should here be referred to). Paragraph 2, on the other hand, declares that the definitions in Clause 3 which are at present contained in the General Clauses Act (I of 1887), apply also to all Acts of the Governor-General in Council and Regulations made after the date of the coming into force of that enactment. Any alterations which have been made in the existing definitions have been referred to in the preceding notes, and the fact that the substance is in no case affected has, it is believed, been satisfactorily explained. Similar declaratory provisions have, where necessary, been added to the other clauses of the Bill.

Clause 5. The first and second paragraphs are declaratory of the practice based upon the provisions of the existing law on the subject, while the origin of paragraph (3) is to be found in Section 36(2) of the Interpretation Act, 1889 (52 and 53 Vict., c. 63).

Clauses 6(1) and 8. These are borrowed from the English Act just referred to, and their utility in the direction of abbreviating the phraseology used in enactments scarcely requires demonstration. The second paragraph of Clause 6 is an addition which has been suggested to meet the case of temporary Ordinances made and promulgated under Section 23 of the Indian Councils Act, 1861 (24 and 25 Vict., c. 67) and of enactments, such as the Upper Burma Criminal Justice Regulation (VII of 1886), which are expressly limited to endure only for a specified period. It seems clear that the effect of the expiry of a law should be the same as that of its repeal and no more.

Clause 13. The provisions of this clause take the form of definitions in the General Clauses Act (I of 1868), but they would seem to be more appropriately enacted as rules of construction.

Clause 15. The practice hitherto observed in drafting in this country appears to have been to state explicitly in each Act that a person may be appointed by name or by virtue of his office , if the admissibility of making ex officio appointments is contemplated. This may lead to the inference that no person can be appointed by office unless express authority to that effect is conferred by the law under which the appointment is made. It will, from an administrative point of view, be most convenient to generalise the provision in the manner here indicated.

Clause 16. A power to appoint should ordinarily include a power to remove the person appointed. It is, however, not certain that this construction would be adopted universally by the Courts, particularly in view of the fact that it has been usual in Indian Acts expressly to take both powers. The opportunity has, therefore, been sought to establish the rule once for all for the future.

Clause 20. It has been held that, even in the absence of any such provision as this, the rule here laid down would hold good. Nevertheless it seems advisable to follow the lead of the English Statute and to reproduce, with the necessary modifications, Section 31 of the Interpretation Act, 1889. This course has already been taken by the Madras Council in the latest legislation of the kind in India, viz., the Madras General Clauses Act (I of 1891), Section 10.

Clause 21. It has been usual in Indian legislation expressly to take power to add to, amend, vary or rescind, once made in exercise of a statutory power conferred. This has, no doubt, been ex abundanti cautela, inasmuch as it would probably be held that the power exists without any such declaration, especially if provisions of Section 5 of the General Clauses Act (I of 1887) be borne in mind. But the practice above referred to might give countenance to an argument to the contrary, and the opportunity is now taken to set the matter finally at rest, as has been done for Acts of the Madras Council by Section 15 of Act I of 1891 of the local Legislature.

Clause 24. The enactment of this clause will obviate the necessity for including in every repealing and re-enacting Bill such, for instance, as the Bill which became the Pilgrim Ships Act (XIV of 1895), a transitory provision to keep any orders, warrants, schemes, rules or bye-laws issued under the law which it is proposed to supersede, in force until replaced by fresh instruments duly promulgated under the new law. It will be observed from the marginal reference that a similar provision has been enacted locally in Section 18 of the Madras General Clauses Act, 1891.

Clauses 25 and 26. These provisions have been taken from the General Clauses Acts, 1868 and 1887. In strictness, the provision reproduced in Clause 25 should apply only to Acts passed after the 3rd January, 1868, and to Regulations made on or after the 14th January, 1887, while that contained in Clause 26 ought to be confined to enactments passed on or after the last mentioned date; but there seems to be no danger in recognising them as of universal application.

1. See Notes on Clauses at the end of this Act.

2. This Act has been declared to be in force in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), S. 3; in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), S. 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), S. 3 and Sch.; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), S. 3 and Sch. It has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and amended in Assam by the Assam Commissioners' Powers Distribution Act, 1939 (Assam Act 1 of 1939).

3. The word and repealed by Act 10 of 1914, S. 3 and Sch. II.

4. Repealed by Act 10 of 1914, S. 3 and Sch. II. Prior to repeal it read as: (2) It shall come into force at once.

5. Repealed by Act 1 of 1903, S. 4 and Sch. IV. Prior to repeal it read as: 2. Repeal. The Acts mentioned in the schedule are repealed to the extent specified in the fourth column thereof.

6. Subs. by the A.O. 1950.

7. Subs. by the Adaptation of Laws (Amendment) Order, 1950.

8. The word and omitted by the Adaptation of Laws (No. 1) Order, 1956.

9. Ins. by the Adaptation of Laws (No. 1) Order, 1956.

10. Ins. by the Adaptation of Laws (No. 1) Order, 1956.

11. Ins. by the Adaptation of Laws (No. 1) Order, 1956.

12. Subs. for order or bye-law by the Adaptation of Laws (Amendment) Order, 1950.

13. Ins. by the Adaptation of Laws (No. I) Order, 1956.

14. Subs. for a Part A State or a Part C State by the Adaptation of Laws (No. 1) Order, 1956.

15. Subs. for under Article 243 of the Constitution, and shall include by the Adaptation of Laws (No. 1) Order, 1956.

16. Subs. by the Adaptation of Laws (No. 1) Order, 1956.

17. The word and omitted by the Adaptation of Laws (No. 1) Order, 1956.

18. Subs. by the Adaptation of Laws (No. 1) Order, 1956.

19. Ins. by the Adaptation of Laws (No. 1) Order, 1956.

20. Ins. by the Adaptation of Laws (No. 1) Order, 1956.

21. The words British India , G. of I. , High Court and L.G. rep. by the A.O. 1937.

22. The words Her Majesty or the Queen repealed by Act 18 of 1919, S. 3 and Sch. II.

23. The words British India , G. of I. , High Court and L.G. rep. by the A.O. 1937.

24. The words British India , G. of I. , High Court and L.G. rep. by the A.O. 1937.

25. Subs. for Acts of the G.G. in C by the A.O. 1937.

26. Subs. for Acts of the G.G. in C by the A.O. 1937.

27. Subs. by the A.O. 1950 for the former section which had been ins. by the A.O. 1937.

28. Subs. by the A.O. 1950, for the former sub-section.

29. Sub-section (2) repealed by the A.O. 1950. Prior to repeal it read as: (2) Where any Act of the Governor General in Council is reserved under the Indian Councils Act, 1861, Section 20, for the signification of Her Majesty's pleasure thereon, then, if no later date is expressed, it shall come into operation, if assented to by Her Majesty, on the day on which the assent of Her Majesty is duly proclaimed.

30. Subs. by the A.O. 1937, for Act of the G.G. in C. .

31. Repealed by the A.O. 1947, earlier it was ins. by the A.O. 1937. Prior to repeal it read as: 5-A. Coming into operation of Governor-General's Act. Where any Act made by the Governor-General under Section 44 of the Government of India Act, 1935, is not expressed to come into operation on a particular day, it shall come into operation on the date on which it is enacted by the Governor-General.

32. Subs. for Act of the G.G. in C. by the A.O. 1937.

33. Ins. by Act 19 of 1936, S. 2.

34. Subs. for Act of the G.G. in C. by the A.O. 1937.

35. Subs. for Act of the G.G. in C. by the A.O. 1937.

36. Cf. S. 11 of the Interpretation Act, 1889 (52 and 53 Vict., C. 63).

37. Subs. for Act of the G.G. in C. by the A.O. 1937.

38. Subs. for Acts of the G.G. in C by the A.O. 1937.

39. S. 8 renumbered as sub-section (1) of that section by Act 18 of 1919, S. 2 and Sch. I.

40. Cf. S. 38(1) of the Interpretation Act, 1889 (52 and 53 Vict., C. 63).

41. Subs. for Act of the G.G. in C. by the A.O. 1937.

42. Ins. by Act 18 of 1919, S. 2 and Sch. I.

43. Subs. for Where any Act of Parliament repeals and re-enacts by the A.O. 1950.

44. Subs. for Act of the G.G. in C. by the A.O. 1937.

45. Subs. for Act of the G.G. in C. by the A.O. 1937.

46. Subs. for Acts of the G.G. in C by the A.O. 1937.

47. Subs. for Act of the G.G. in C. by the A.O. 1937.

48. See now the Limitation Act, 1963 (36 of 1963).

49. Subs. for Acts of the G.G. in C by the A.O. 1937.

50. Cf. S. 34 of the Interpretation Act, 1889 (52 and 53 Vict., C. 63).

51. Subs. for Act of the G.G. in C. by the A.O. 1937.

52. Subs. for Acts of the G.G. in C by the A.O. 1937.

53. Repealed by the A.O. 1950, earlier it was ins. by Act 18 of 1919, S. 2 and Sch. I. Prior to repeal it read as: 13-A. References to the Sovereign. In all Acts of the Governor-General in Council and regulations, references to the Sovereign or to the Crown shall, unless a different intention appears, be construed as references to the Sovereign for the time being.

54. Subs. for Act of the G.G. in C. by the A.O. 1937.

55. The words on the Govt. repealed by Act 18 of 1919, S. 2 and Sch. I.

56. Ins. by Act 18 of 1919, S. 2 and Sch. I.

57. Subs. for Acts of the G.G. in C. by the A.O. 1937.

58. Subs. for Act of the G.G. in C. by the A.O. 1937.

59. Subs. for Act of the G.G. in C. by the A.O. 1937.

60. Ins. by the Act 18 of 1928, S. 2 and Sch. I.

61. Subs. for by it by Act 18 of 1928, S. 2 and Sch. I.

62. Subs. for Act of the G.G. in C. by the A.O. 1937.

63. Subs. for Acts of the G.G. in C. by the A.O. 1937.

64. Subs. for Act of the G.G. in C. by the A.O. 1937.

65. Subs. for Act of the G.G. in C. by the A.O. 1937.

66. Subs. for Act of the G.G. in C. by the A.O. 1937.

67. Subs. for Act of the G.G. in C. by the A.O. 1937.

68. Cf. S. 31 of the Interpretation Act, 1889 (52 and 53 Vict., C. 63).

69. Subs. for Act of the G.G. in C. by the A.O. 1937.

70. Ins. by the Act 1 of 1903, S. 3 and Sch. II.

71. Ins. by the Act 1 of 1903, S. 3 and Sch. II.

72. Cf. S. 32(3) of the Interpretation Act, 1889 (52 and 53 Vict., C. 63).

73. Subs. for Act of the G.G. in C. by the A.O. 1937.

74. Subs. for make by Act 1 of 1903, S. 3 and Sch. II.

75. Ins by Act 1 of 1903, S. 3 and Sch. II.

76. Subs. for made by Act 1 of 1903, S. 3 and Sch. II.

77. Cf. S. 37 of the Interpretation Act, 1889 (52 and 53 Vict., C. 63).

78. Subs. for Act of the G.G. in C. by the A.O. 1937.

79. Subs. for Act of the G.G. in C. by the A.O. 1937.

80. Subs. by the A.O. 1950 for Central Government or the Provincial Government . The words Central Government were subs. for G.G. in C. and Provincial Government for L.G. by the A.O. 1937.

81. Subs. for Act of the G.G. in C. by the A.O. 1937.

82. Ins. by Act 1 of 1903, S. 3 and Sch. II.

83. Ins. by Act 1 of 1903, S. 3 and Sch. II.

84. Ins. by Act 1 of 1903, S. 3 and Sch. II.

85. Ins. by Act 1 of 1903, S. 3 and Sch. II.

86. Ins. by Act 1 of 1903, S. 3 and Sch. II.

87. Ins. by Act 17 of 1914, S. 2 and Sch. I.

88. Subs. for Act of the G.G. in C. by the A.O. 1937.

89. Rep. by the A.O. 1937.

90. See the Code of Criminal Procedure, 1898 (5 of 1898), S. 386 et seq.

91. Cf. the Interpretation Act, 1889 (52 and 53 Vict., C. 63), S. 26.

92. Subs. for Act of the G.G. in C. by the A.O. 1937.

93. Cf. the Interpretation Act, 1889 (52 and 53 Vict., C. 63), S. 35.

94. Subs. for Act of the G.G. in C. by the A.O. 1937.

95. Subs. for Act of the G.G. in C. by the A.O. 1937.

96. Cf. the Interpretation Act, 1889 (52 and 53 Vict., C. 63), S. 40.

97. Ins. by Act 17 of 1914, S. 2 and Sch. I.

98. Subs. for Act of the G.G. in C. by the A.O. 1937.

99. Subs. for clauses (9), (12), (38), (41) and (50) by the A.O. 1950.

100. Ins. by the Act 24 of 1917, S. 2 and Sch. I.

101. Ins. by the A.O. 1937.

102. The words and figures or S. 43 repealed by the A.O. 1947.

103. Added by the A.O. 1950.

104. Repealed by the A.O. 1937, earlier it was ins. by Act 11 of 1923, S. 2 and Sch. I. Prior to repeal it read as: 30-A. Application to Act to Acts made by Governor-General. In this Act the expression Act of the Governor-General in Council wherever it occurs, except in Section 5, shall be deemed to include an Act made by the Governor-General under Section 67-B of the Government of India Act.

105. Repealed by the A.O. 1937, earlier it was ins. by Act 31 of 1920, S. 2 and Sch. I. Prior to repeal it read as: 31. Construction of references to Local Government of a Province. In any enactment made by any authority in British India before the date on which Section 3 of the Government of India Act, 1919, comes into operation, and in any rule, order, notification, scheme, bye-law or other document made under or with reference to any such enactment, any reference by whatever form of words to an authority authorised by law, at the time the enactment was made, to administer executive Government in any part of British India shall, where a corresponding new authority has been constituted by the Government of India Act, 1919, be construed for all purposes, after the above mentioned date, as a reference to such new authority.

106. Repealed by Act 1 of 1903, S. 4 and Sch. III. Prior to repeal it read as: THE SCHEDULE Enactments repealed (See Section 2) Year No. Title or subject Extent of repeal 1868 I The General Clauses Act, 1868 The whole 1872 I The Indian Evidence Act, 1872 So much as relates to Act I of 1868 1887 I The General Clauses Act, 1887 The whole 1891 XII The Repealing and Amending Act, 1891 So much as relates to Act I of 1868

107. Published in the Gazette of India, Part V, pp. 38-40, dt. February 6, 1897.