Tamil Nadu act 001 of 1891 : Tamil Nadu General Clauses Act, 1891

(14) "immovable property " shall include land, benefits to airise out of land, and things attached to the earth, or permanently fastened to anything

attached to the earth :

(16) "imprisonment" shall mean imprisonment a,ntrslAotl ht of either description as defined in the Indian Penal X L V O ~

Code : 1860,

(16) "judioial proceeding" shall mean any

proceeding in the course of whioh evidencre is, or m y

be, legally taken :

(17) "local authority " shall mean a Municipal Committee,District Board*, body of Port Clomioners or other authority legally entitled to, or entrusted by the Government with, the oontrol or management of a municipal or lo& fund :

-

1 Chuse (12) was omitted by the Adaptation Order of 1937.

8 Clsuee (13) was omitted by the Adaptation (Amendment)

Order of 1960.

8 Clause (16-A) was omitted by the Adaptation Order of 1937.

4 This olaw was omitted by pt~agraph 6 of, end the Sohedule to, the Tamil Nadu Adeptetion of Laws Order, 1969, ss emsnded by the Temil Nadu Adaptation of Laws (Second h e n b e n t ) Order. 1969. whioh came into foroe on the 14th January 1960.

* Now t&e panchayat union oounoil or panohayat.

4

(18) "Magistrate" shall mean any person exercising "Msgistl ate . all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1882l :

"Movable (19) "movable property " shall mean property proprty,, of every description exwpt immovable property :

a[(19-a) "notification" shall mean 8 notification published in the Official Gazette] :

"Oath", \ (20) cGoeth," "me8p" and "affidavit" shall ''-=,,

and include afiirmation and declaration in the case of 66afflaavitss.

peraone by law allowed to a&m or d e c k instead of swemhg :

(21) "offence" shall mean any act or omissioo "Offenoe"

made punishable by any law for the time being in force:

(22) "person" shall include any company or lLP~rson".

assooiation of individuals, whether incorporated or not :

(23) "place" includes also a house, building, "P1aOe"* tent and vessel :

'[(24) "prescribed" shall mean prescribed by

rules, regulations or by-laws made under the ~ c t , in which the word ocours] :

(26) "Presidency-town " shall mean the local l';fFno~ limits for the time being of the ordinary original civil jurisdiotion of the High C o d of Judicature at Madras :

1 See now the Code of Criminal Prooedure, 1973 (Central Aot

2 of 1974). a Thh olaw wae inserted by motion 3 of, and the Eleoond Schedule to, the Tmi l Nedu Repealing and Amending Aot, 1961

(Tamil Nadu Aot X;$XYI of 1955). In so far as t h i ~ Aot appliea to the added territomes, thls ole- was Inserted by seotion 4 of, and the bond Sohedule to, the T a d Nedu (Added Tenitories) Extension of Laws (No. 2) Aot, 1961 (Tamil Nadu Aot 39 of 1961).

8 The o r i e olauae (24) wm opit tal by the dp.pt.tion Order of 1037 and t e preeent oleuee ww Inserted by seot~on 3 of, end the Seoond Sahedule to, the Tamil Nedu Repealing and Amending Aot, 1966 (Tamil Nadu Aot XXXVI of 1966). In so far as this Aot applies to the added territories, this clause wm inserted by

motion 4 of, d the Saoond Sohedule to, the Tamil Nadu (Added Temtoriea) Extension of Lawe (No. 2) Aot, 1961 (Tamil NIclu Aot 39 of 1961).

5

"Publio." (26) "publio " inoludes any o h of the publio

or any commu~ty :

I

"Publio (27) "public nuisance" shall have the meaning

"ie&noe.'' assigned to that expression in section 268 of the Indian Penal Code^: Central Act XLV

%e&md" of 1880. l[(28) "registered,," used with refemnw to a document, shall mean registered in a@dia] under the law for the time being in force for the registration of documents^:]

''Sign.' ' (29) "sign," with it8 grammatical variatione and

cognate expressions, shall, with reference to a person who is unable to write his name, include "mark" with its grammatical variations and oognate expressions :

"Son" and 'rather."

(30) in the oase of any one whose perwml law permits adoption, "son" shall inolude an adopted son, and "father" an adoptive father :

sub-eection." (31) usub-seotion" shall mean a sub-seotion of the section in which the word ooours :

3[(31a) "Tamil Nadu Aot" shall mean rtn Aot made by the Governor of Fort St. George in Council under the Indian Clounoils Aots, 1861 to 1909

or any of those Aots, or the Government of India Aot, 1916, or by tho Looal Legislature or the Governor of the Presidency of Madras under the Government of India Act or by the Provin~ial Legislature of Madras under the Government of India Aot, 1935, or by the Legislature of the State of Madras or Tamil Nadu under the Constitution ;]

1 This clause was substituted for the original clauee (28) by the Adaptation (Amendment) Order of 1950.

2 This word wes substituted for the words and letters "a P& A

Steta or 8 Part C State " by wction 4 of, and the Third Sohedule to,

the Tamil Nadu Repealing and Amending Aot, 1917 (Tsmil N& Ao t XXV of 1967).

Cleuse (318) was inserted by paragraph 5 of, and the 8ohed& to, the Tamil Nadu Adaptation of Laws Order, 1969, es amended

by the Tsmil Nadu Adaptation of Laws (Seoond Amen-) Order, 1969. whioh came into form on the 14th January 1069.

6

(32) "value," used with reference to a suit, shall ''Vdue."

mean the amouht or value of the subject-matter of the suit, computed according to the law for the time being in force regulating the valuation of suits for purposes of jwisdioti9f&e the rulss' %re eb .,

(33) "will" concurren@ of writing making

property:

(34) words importing the masculine gender Gender. shall include females:

(38) words in the singular shall include the plural, ~ ~ b ~ ~ . and words in the plural shall include the singular:

vtl) words which refer to acts done extend also Illegal omiu- t o illegal omissions : siona.

(37) " writing," with its grammatical variations "Writing."

and cognate expressions, shall include "printing,"

'' lithography," 'cphotography," with their grammatical variations and oognate expressions, and other modes of representing or reproducing wor& in a visible form :

(38) "year" and "month" s l ~ l l , respeotively, : : ~ ~ ~ ~ . ~ a mean a year and month reokoned aooording to the

. British oalendar.

CHAPTER 11.

4. This Chapter shall apply to all 2(Tamil Nadu Applioation of Chapter t o Acts) made after the commencement of this Aob, dlfUture Aots. unless a contrary intention appears in such Acts.

1 In so far aa this Act a lies to the added territories, section 3-A of P P this Act was repealed by section 12 of the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act

a9 of 1961).

This expression was substituted for the expression "Medm Aob"

by paragraph 8 of, and the Schedule to, the Tamil Nadu Adapta-

&ion of Lam Older,1969, ee amended by the Tamil Nadu Adrrp@tj~n

of Laws (Second Amendment) Order, 1969.

7

men$ of future applies is not expressed to come into operation, on a Aote. particular day, then, it shall come-irito operation, on the day on whioh the assent thereto of the Governor,

the Governor-General or the President, as the oase may

require, is first published in the Official Gazette.]

(2) In every suoh Act the date of suoh publioation as aforesaid shall be printed either above or below the title of the Act and shall form pa& of the Aot.]

Making of rules 6. Where, by an Aot to which this Chapter applies

and issue of and which is not to oome into force irninediately on

orders between paseing and the passing thereof, a power is conferred on Govern-

commencement ment or other authority to me3re rules, or to issue orders,

of ~ c t . with respect to the application of the Act, or with respect to the appoinbment of any officer thereunder, euth power may-be exercised a t my time after the gassing of the Act, but rules or orders so made or issud shall not take effect t?ll the commencement of the A&. Provieiona 7. Where, by an Act to which this Chapter applies,

the a power to make rules is erpreapad to be given, subject maklng of rulw

after previous to the condition of the rules being made after previous

publioetion. publication, the following provisions shall apply, namely :-

Publication of (@) the authority having the power to make the ,

draft rules. rules shall, before making them, publish a draft of the proposed rules; +

Manner of (b) the publication shall be made in suoh manner as publication. that authority deems to be sufficient, or, if the condition with respect to previous publioatioh so requires, in such manner as the SICentral Government or, as the case may be, the *(State) Government] prescribes;

1 This section ww substituted for the original seotion by the Adaptation Order of 1937.

8 This sub-section was substituted for sub-section ( I ) by the Adaptation (Amendment) Order of 1960.

8 These words were substituted for the word " Q o ~ e - ~ ~ t " by the Adaptation Ordenof 1937.

4 Thia word was substituted for the word "Provincid" by Adaptation Order of 1960.

8

(c) there shall be published with the draft Notice to

a notice specifying a date at or after which the draft accompsnp dreEt rules. will be taken into consideration;

(a) the authority having power to make the mlm, end, where the rules are to be made with the sa,notion, mg,d to

approval or concurrence of another authority, that dee.

authority also, shall consider any objection or sugges- tion whioh may be received by the authority having power to make the rules from any person with respect to the draft, before the date so specified;

(e) the publication in the l[Official Gazette] PubIioatior- to

of a rule purporting to have been made in exercise of a z'~y'f"&fz

power to make rules after previous publication, shall be conclusive proof that the rule has been duly made.

8. Where any Act, to which this Chapter applies, Effect of repeals any other enaotment, then the repeal shall not- g ' I i w I (a) affect anything done or any offence committed, or any fine or penalty incurred or any pmedinga be- gun before the commencement of the repealing A d ; or

(b) revive anything not in force or existing at the time at which the repeal takes effect; or

(c) affect the previous operation of any enaotment so repealed or anything duly done or suffered under any enaotment so repealed; or

(a) affect any right, prielege, obligation or liability aoquired, accrued or incurred under any enactment so repealed; or

(e ) affe t any fine, penalty, forfeiture or punish- ment inou d ed in respect of any offence committed against any enaotment so repealed ; or

(f) affect any investigation, legal proceeding or remedy in respect of any such right, privilege,obIigation, liability, fine, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal prooeeding or remedy may be instituted, continued or enforoed,

1 These words were mbetituted for the worda P07t 8t. George Qasrtte" by the Adaptation Order of 1937.

9

and any such fine, penalty, forfeiture or punishment,^I may be imposed, as if the repealing Aot had not been passed. 11 ; Effeobof o ~ t mskjng repea1 1[ 8-A. Where any Act to which this Chapter

~ r f ~ & l amend. applies, repeals any enactment by which the text of any

ment in previous enactment was amended by the express

previow Aot. omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affeot the continuance of any suoh amendment made :

by the enactment so repealed and in operation at the time of such repeal.]

Revival of 9. In any Act to which this Chapter applies-

repealed enact- ments. (a) for the purpose of reviving, either wholly or partially, an Aot or Regulation, wholly or partially repealed, it shall be necessary expressly to state suoh purpose ;

Commence- (6) for the purpose of excluding the first in a series

men& term. of days or any other period of time, it shall be suffioient to use the word " from" ;

Termination of (c) for the purpose of including the last in a series

term. of days or any other period of time, it shall be sutllcient to use the word "to" ;

*pplioation to (d) for the purpose of expressing that a law relative subordinates of law relative to to the chief or superior of an offim shall apply to the

omoial superiore.

deputies or subordinates lawfully executing the duties of such ofice in the plaoe of their superior, it shall be sufficient to prescribe the duty of the superior ;

Applioation of law to ~ucoess - (e) for the purpose of indicating the relation of a

ore offunotion- law to the successors of any functionaries, or of oorpora- 1 aridsand tions having perpetual succession, it shall be sufficient

oorporatione. to express its relation to the funotionaries or oorporo- tions ; and

AppUoation law t pemm O* u) for the purpose of indicating the applioation of

for time being 8 law every person or number of persons for the time fiUing anofftoe. being exeouting tho functions of an offioe, it shall be sufficient to mention the official title of the ~ f i c e r a t present executing such functions, or.tbst of the oBaer by whom the functions are commonly emoutad. . .

1 seotion 8-11 waa inserted by the lldsdrse Ganed ( h u e Amendment) ~ o t , 1936 (-83 A O ~ IV of 1937).

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10. Where an Aot, to which this Chapter applies, Expressions used in ruleq

wrrfers power to mske rules or by-law8 or '[to issue by-laws w d

ordors to have notifioations or orders], expressions used in such ,,,,

rules, '[by-laws, notifioations or orders], have the as in Aot under which they ere

same respective meanings as in the Act conferring made or irsued. the power.

It. Where, by an Aot to whioh this Chapter applies, Necesasfs extension of any aot or proceeding is directed or allowed to be periods. done or taken in a Court or office on a certain day or within a prescribed period, then, if the Court or office is olosed on that day or the last day of the prescribed period, the act or prooeeding shall be considered as done or taken in duo time if it is done or taken on the next day afterwards on which the Court or office is open.

oentrel This seotion does not apply to airy act or proceed- Act XV Of ing to whioh the Indian Limitation Aot, 1877 2 applies.

1877.

1 sections 10 =nd 15, for the W O ~ R 'to issue orders", the worL "to issue notificationlr or orders" and for the words "by-lava or orderr," the words *'by-laws, notiticzitions or orders," wme substituted by section 3 of, and the Second Sohedule to, the Tamil

Nadu Repealing and Amending Act, 1965 (Tamil Nadu Act

XXXVI of 1966).

In so far aa this Aot applies to the added territories, for the words "to ireae orders," the words 'to inme notifications or orders"

and for the worde "bye-laws or orders." fhe words "by-laws, notifiaatiom or orders" were substituted by section 4 of, and the Reoond.Schedulo to, the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1061).

2 See now the T.imitation Act, 1063 (Central Ao?, 30 of 1963).

11

CHAPTER 111. I

GENERAL PBOVISIONS APPLICABLE TO ALL AOTS. f Applia8tion of 12. This Chapter shall apply to all l(Tami1 Nadu Chapter 111 t o Acts) unless a oontrary intention appears in any all Acte. such Act, but it shall not effect anything done or commenced prior to the commencement of this Aot under any enactment now in force. .

When powers 13. Where an Act confers a power or imposes and dutiestobe a duty, then the power 1l;lzy be exercised and the exercised and duty shall be performed from time to time as occasion requires.

Exercise of

power and

14. Where an Act confers a power or imposes a perfomance of duty on the holder of an office, as such, then the duty by power may be exercised and the duty sht ' be per- tempOmry formed by the holder for the time being of Vae office. holder of offlce. I Revocation and

alteration of 15. Where an Act confers a power to make any

rulee, b g - l e ~ rules or by-hws, or z[to issue notifications or orders,] and orders. the power shall be oonstrued as inoluding a power exeroisable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke,

amend or vary the rules, a[by-laws, notifications or orders].

1 This expression was substituted for the exprewion "Madras Acts" by pwragraph 3 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Ozder, 1969. I n so far as this Act applies to the added territories, for the

I

words "all Madras Acts, Andhra Acts end Andhra Pradesb Acts

. made", the words "all Madras Acts. Andhra Acts and Anclhra Prsdesh Acts" were substituted by section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) Extension of

Laws (No. 2) Act, 1961 (Tamil Nedu Act 39 of 1961).

2 Tn sections 10 and 16, for the words "to issue orders", the words "to i3sue notifications or ordera" end for the worde "by-laws or orders", the words "by-laws, notifications or orders" were substituted by section 3 af, and the Second Schedule to, the Tamil Nadu Repealing and Amending Aot, 1956 (Tamil Nadu Act

XXXVI of 1966). I n so far as this Act applies to the added territories, for the words "to issue orders," the words "to issue notifications or ordefs" and for the words "by-laws or orders," the words "by. laws, notifications or orders" were substituted by w t i o n 4 of, and the Second Schedule to, the T a d Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of

1961).

12

16. Whenever by an Act any duty of oustom8 Duty leviable

or exoise or in the nature thereof is leviable on any Pro

given quantity, by weight, measure or value, of any goods or merohandise, a like duty shall be leviable according to the same rate on any greater or Iess quantity.

17. Whenever by an Aot authority is given to g$;;ib;. oonfer powers or impose duties, suoh powers may imposing

be oonfe~~ed or duties imposed by name or by office duties. ^- or on olasses of offioials generally by their offioial t iW.

18. Where an A t repeals and re-enacts, with References

or without mdoa t i on , all or any of the provisions ?!&,i of a former Aot, references in any other Act to the md m.msotsd.

provisions so repealed shall be oonstrued as referenoes to the provisions so re-enaoted, and if notsoations have been published, proclamations or certifioates j issued, day wers oonferred, forms presaribed, local ;limits -&e W, offioes established, orders, rules / and appoi&ents made, engagements entered into, I licenoes or permits granted, and other things . duly done, under the provisions so repealed, the same shall be deemed, so far as the same are oonsistent with the provisions so re-enaoted, to have been res-

pectively published, issued, oonfemd, prescribed, defi-

, ned, established, made, entered into, granted or done,

under the provisions so re-enacted.

h t r s I 19. The provisions of seotions 63, 68, 69 and 70 E ~ Y of AatXLV of of the Indian Penal Code shall apply to all fines

1860. imposed under the authority of any Aot.

20. Where an act or omission oomtitutes an offence ~ e y ~ ~ , " n ~ ;

under two or more enaotments, the offender shall be , th,

liable to be proseouted and punished under either or enaotment.

any off hose enaatments, but shall not be liable to be punished twice for the same aot or omission.

Publi~tion of

21. Where in any Aot, or in any rule passed under order0 and

any Ad, it is* direoted that m y order, notification notifi0ation8 the Offioial in

or other matter ahall be notifled or published, enoh Gazette.

13

notification or publication shall, unless the Act otherwise provides, be deemed to be duly made if it is published in the I [Official Gazette].

Determination 22. When, by an Act %[any Government] is

of the times at whioh Acts or empowered to extend or apply an Act or any provi-

provisions of sion of an Act to any place in, or to any portion of,

Aob the S[State], the Government may, in any order or applied by hvernment to extending or applying such Act or provision or in

certain places a subsequent order, notify the time at which fihe same

Oome shall come into force in the plaoe or portion of the

foroe.

8[State] to which it is so extended or applied ; and, unless it is othorwiso provided in the Act, a[the Govern- ment] may, by notification in the l[Offioial Gazette] from time to time postpone the time at whioh the Aot or provision shall come into force in suoh plaoe or portion of the S[State ] or cancel the order for extending or applying the same to suoh plaoe or porbion of the S[State] :

proviro. Provided that no order postponingthe time st whioh

an Act or provision shall come into force, or cancelling an order for extehding or applying the same, shall be made after the Act or provision hss aotually come into force in tho place or portion of the s[State] to which such order relates.

1 Thoso words were substituted for the words "Fort St Qeorge Gazette" by tho Adaptation Ordor of 1937.

2 These words wore substituted for the word 66Covernment" by ibid.

SThe word "Provinco" was subst,ituted for the word3

"Presidency of Madras" by tho Adaptation Ordcr of 1937 snd the word "State" was substituted for "Province" by the Adep'btion Order of 1950.

14