Gujarat act 001 of 1904 : The Gujarat General Clauses Act, 1904

[1904 : Bom. I Gujarat General Clauses Act, 1904

BOMBAY ACT NO. I OF 1904.¹

[ THE GUJARAT GENERAL CLAUSES ACT, 1904. ]

[ 30th May, 1904 ]

 Amended by Bom. 4 of 1905

Adapted and modified by the Adaptation of Indian Laws Order in Council Amended by Bom. 17 of 1945

Amended by Bom. 5 of 1948

Adapted and modified by the Adaptation of Laws Order, 1950 Amended by Bom. 28 of 1950

Adapted and modified by the Bombay Adaptation of Laws ( State and Concurrent Subjects) Order, 1956

Amended by Bom. 24 of 1957

Amended by Bom. 8 of 1958

Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960

Amended by Guj 15 of 1964

An Act for further shortening the language used in Bombay Acts, and for other purposes.

WHEREAS it is expedient further to shorten the language used in Bombay Acts and to make certain other provisions relating to those Acts, It is hereby enacted as follows -

PRELIMINARY

1. This Act may be called the^@[Gujarat] General Clauses Act, 1904. 2 [1A. The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the  State of Bombay passed made or promulgated on or after the 1st day of November, 1956 and such provisions of this Act as relate to any notification, order, scheme, rule, by-law, or form shall apply also in relation to any notification, order, scheme, rule, by-law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date:

Provided that where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated on or after the 1st day of November, 1956 amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed made or promulgated before that date in relation to the territories transferred to the new  State of Bombay under clauses (b) to (e) of sub- section (1) of section 8 of the State Reorganisation Act, 1956, the law in force in these territories in respect of the interpretation of the law so amended shall apply to the amending law, and not the provisions hereinafter of this Act ] 3 [1B. The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the State of Gujarat passed, made or promulgated on or after the 1st day of May 1960 and such provisions of this Act as relate to any notification, order, scheme, rule, by- law or form shall apply also in relation to any notification, order, scheme, rule, by- law or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date:

Provided that, where any such Act, Regulation, Ordinance, notification, order, scheme, rule by-law or form passed, made or promulgated on or after that date amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated in relation to any territory of the State of Gujarat, not being the Bombay area of that State, the law in force in those territories in respect of the interpretation of the law so amended shall apply to the amending law, and not Short title.

Extension of

application of Act

to Acts, rules, etc.

made on or after the

4

1904 : Bom. I] Bombay General Clauses Act, 1904 5 of 22

the provisions hereinafter of this Act ]

2. The Bombay Acts mentioned in the Schedule are repealed to the extent specified in the fourth column thereof

General Definitions

3. In this Act, and in all Bombay Acts⁴[or Gujarat Acts] 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 ;

(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 shall extent 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) "Bombay Act" shall, mean an Act made by the^Governor of Bombay in Council under the⁵Indian Councils Act, 1861, or the Indian Councils Acts, 1861 and 1892⁶[or the Indian Councils Acts, 1861 to 1909, or the Government of India Act, 1915, or made by the local Legislature, or the Governor of the Presidency of Bombay under the Government of India Act, or by the Provincial Legislature, or the Governor of Bombay, under the Government of India Act, 1935],⁷[ or made by the Legislature of the⁸[ Pre- Reorganisation or reorganised *State of Bombay] under the Constitution] ; 9 [ 10 [(6) "Bombay area of the State of Gujarat" shall mean the area of the State of Gujarat excluding the Saurashtra area, and the Kutch area, of that State;]

* * * * * * * * ]

(9) "Chapter" shall mean a chapter of the Act in which the word occurs ; 11 [ * * * * * * ]

(11) "Collector" shall mean the¹²[ * * * ] the chief officer in charge of the revenue administration of a district ;

(12)"commencement" used with reference to an Act, shall mean the day on which the Act comes into force ;

13 [ * * * * * * * ]

(14) "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 ;

(15) "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 ;

(16) "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 ;

(17) "enactment" shall include¹⁴* * * any Regulation of the Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid ;

Repeal.

Definitions.

XLV of 1860.

5

[1904 : Bom. I Gujarat General Clauses Act, 1904

(18) "father", in the case of any one whose personal law permits adoption, shall include an adoptive father ;

(19) "financial year" shall mean the year commencing on the first day of April ,

(20) 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 ; 15 [(21) " Gujarat Act" shall mean an act made on or after the 1st day of May,

19 60 by the Legislature of the State of Gujarat under the Constitution ; ] (22)"High Court" , used with reference to civil proceedings shall mean the highest Civil Court of appeal in the part of the Bombay Presidency¹⁶[ and after the 1st day of May, 1960 in the part of the State of Gujarat ] in which the Act containing the expression operates ;

17 [ * * * * * * ]

(24) "immoveable 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 ;

(25) "Imprisonment" shall mean imprisonment of either description as defined in the Indian Penal Code ;

18 [(25A) "Kutch area of the * State of Bombay" shall mean the territories transferred to the new^*State of Bombay under clause (e) of sub-section (1) of section 8 of the States Reorganisation Act, 1956¹⁹[ and after the 1st day of May 1960 the said territories which form part of the State of Gujarat shall be known as Kutch area of the State of Gujarat ] ; ]

(26) "local authority" shall mean a municipal corporation, municipality, local board, body of port trustees or commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund ;

20 [ * * * * * * ]

(28) "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 ;

(29) "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 ;

(30) "month" shall mean a month reckoned according to the British calendar ;

(31) "moveable property" shall mean property of every description, except immoveable property ;

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

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

(34) "part" shall mean a part of the Act in which the word occurs ;

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

21 [(35A) "pre-Re-organisation * State of Bombay" shall mean-

(a) as respects any period before the commencement of the XLV of 1860.

XXXVII of 1956.

V of 1898.

6

1904 : Bom. I] Bombay General Clauses Act, 1904 7 of 22

Constitution, the area comprised in the Province of Bombay ;

(b) as respects any period after the commencement of the Constitution, the territories of the State of Bombay as specified in the First Schedule to the Constitution before the commencement of the States Re-organisation Act, 1956; ]

(36) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code ;

22 [(37) "registered", used with reference to a document, shall mean registered in a Part A State or a Part C State under the law for the time being in force for the registration of documents.]

23 * * * * * *

(39) "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; 24 [(39A) "Saurashtra area of the *State of Bombay" shall mean the territories transferred to the new State of Bombay under clause (d) of sub-section (1) of section 8 of the States Re-organisation Act, 1956²⁵[ and after the 1st day of May. 1960 the said territories which form part of the State of Gujarat shall be known as the Saurashtra area of the State of Gujarat ] ; ]

(40) "schedule" shall mean a schedule to the Act in which the word occurs ;

(41) "²⁶Scheduled District" shall mean a "Scheduled District" as defined in the²⁷Scheduled Districts Act, 1874 ;

(42)"section" shall mean a section of the Act in which the word occurs ; (43)"ship" shall include every description of vessel used in navigation not exclusively propelled by oars ;

(44)"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 ; (45)"son", in the case of any one whose personal law permits adoption, shall include an adopted son ;

(46)"sub-section" shall mean a sub-section of the section in which the word occurs ;

28 [(46A) * "State of Bombay" shall mean—

(a) as respects any period before the 1st day of November, 1956 the pre-Reorganisation State of Bombay ;

(b) as respects any period on and after that day the territories comprised in the new State of Bombay under section 8 of the States Re-organisation Act, 1956 ;

29 [(46AA) "Stale of Gujarat" shall mean the territories which on the 1st day of May, 1960 are comprised in the State of Gujarat under section 3 of the Bombay Reorganisation Act, 1960 ;

(46B) "transferred territories" shall mean the territories transferred from the pre-Re-orgamsation * State of Bombay to the new States of Mysore and Rajasthan under sections 7 and 10 of the States Re-organisation Act, 1956 ; ]

(47) "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 ;

XXXVII of 1956.

XLV of 1960.

XXXVII of 1956.

XII of 1874.

XXXVII of 1956.

11 of 1960.

XXXVII of 1956.

7

[1904 : Bom. I Gujarat General Clauses Act, 1904

(48) "vessel" shall include any ship or boat or any other description of vessel used in navigation ;

30 * * * * * *

(49) "will" shall include a codicil and every writing making a voluntary posthumous disposition of property ;

(50) expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words or figures in a visible form on any substance ; and

(51) "year" shall mean a year reckoned according to the British calendar ;

4. The definitions in section 3 of the following words-that is to say, "abet",

"affidavit",³¹[Bombay area of the State of Gujarat ],³²* * *, "chapter",³³ * * * ,

"Collector", "Commissioner", "good faith",³⁴* * *,³²* * * ,³⁵* * * * * , Kutch area of the State of Bombay, "immoveable property", "imprisonment", "Magistrate",

"month", "moveable property", "oath", "Part", "person",³⁶[ pre-Re-organisation State of Bombay ],³⁷[ Saurashtra area of the *State of Bombay ] ,³²* * * "Schedule",

"section",³⁶[^*State of Bombay ],³⁸[ State of Gujarat ], "swear",³⁶[transferred territories], "vessel",³⁹* * * * * * * *, "writing", and "year", apply also, unless there is anything repugnant in the subject or context, to all Bombay Acts made before the commencement of this Act.

General Rules of Construction. 5.⁴⁰[(1) Where any Bombay Act⁴¹[ or Gujarat Act ] is not expressed to come into operation on a particular day, then,

(i) in the case of a Bombay Act made before the commencement of the Constitution, it shall come into operation, if it is an Act of the Legislature, on the day on which the assent thereto of the Governor, the Governor General or his Majesty, as the case may require, is first published in the Official Gazette and, if it is an Act of the Governor, on the day on which it is first published as an Act in the Official Gazette ;

(ii) in the case of a Bombay Act⁴¹[or Gujarat Act] made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the Official Gazette. ]

(2) Unless the contrary is expressed, a Bombay Act⁴²[or Gujarat Act] shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.

6. In this Act, and in every Bombay Act⁴²[or Gujarat Act], made after the commencement of this Act, the date of such publication as is mentioned in section 5, sub-section (1), shall be printed above the title of the Act, and shall form part of the Act.

Application of

certain of the

foregoing

definitions to

previous Bombay

Act.

Coming in to

operation of

Bombay Act⁴¹[ or

Gujarat Acts).

Printing of date on

which Act is

published after

having received the

assent of the

Governor,

Governor General,

or his Majesty, as

the case may

require.

8

1904 : Bom. I] Bombay General Clauses Act, 1904 9 of 22

7. Where this Act, or any Bombay Act⁴²[or Gujarat Act] made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, than, 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 had not been passed. 43 [7A.Where any Bombay Act 42 [or Gujarat Act] made after the commencement of this Act repeals any enactment by which the text of any previous enactment 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. ]

8. (1)In any Bombay Act⁴²[or Gujarat Act] 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 Bombay Acts made before the commencement of this Act.

9. Where this Act, or any Bombay Act⁴⁴[or Gujarat Act] 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 istrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted

10. (1)In any Bombay Act⁴⁴[or Gujarat Act] made after the commencement of this Act it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from" and, for the purpose of including the last in a series of days or any other period of time, to use the word "to"

(2) This section applies also to all Bombay Acts made before the commencement of this Act

11. Where, by any Bombay Act⁴⁴[or Gujarat Act] 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 the⁴⁵Indian Limitation Act, 1877, applies

Effect of repeal.

Repeal of

enactment making

textual amendment

in any Act.

Revival of repealed

enactments.

Construction of

references to repeal

enactments.

Commencement

and termination of

time.

Computation of

time.

9

[1904 : Bom. I Gujarat General Clauses Act, 1904

12. In the measurement of any distance for the purpose of any Bombay Act⁴⁴[or Gujarat Act] 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

13. In all Bombay Acts⁴⁴[or Gujarat Act] unless there is anything repugnant in the subject or context,-

(a) words importing the masculine gender shall be taken to include females. and

(b) words in the singular shall include the plural, and vice versa

Powers and Functionaries

14.Where by any Bombay Act⁴⁴[or Gujarat Act] made after the commencement of this Act, any power is conferred on⁴⁶[any Government], then that power may be exercised from time to time as occasion requires.

15. Where, by any Bombay Act⁴⁴[or Gujarat Act] a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office.

16. Where, by any Bombay Act⁴⁷[or Gujarat Act] a power to make any appointment is conferred, then, unless a different intention appears, the authority having powers to make the appointment shall also have power to suspend or dismiss any person appointed by it in exercise of that power

17. (1) In any Bombay Act⁴⁷[or Gujarat Act] 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 Bombay Acts made before the commencement of this Act

18. (1) In any Bombay Act⁴⁷[or Gujarat Act] 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 of corporations having perpetual succession, to express its relation to the functionaries or corporations

(2) This section applies also to all Bombay Acts made before the commencement of this Act

19. (1) In any Bombay Act⁴⁷[or Gujarat Act] 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 law fully 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 Bombay Acts made before the commencement of this Act

Provisions as to Orders, Rules etc made under Enactments

20. Where, by any Bombay Act⁴⁷[or Gujarat Act], a power to issue any notification, order, scheme, rule, by-law or form is conferred, then expressions used in the notification, order, scheme, rule, by-law or form, 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 conferring the power Measurement of

distances.

Gender and

number.

Powers conferred

on any Government

to be exercisable

from time to time.

Powers to appoint

to include power to

appoint ex-officio.

Power to appoint

include power to

suspend or dismiss.

Substitution of

functionaries.

Successors.

Official chiefs and

subordinates.

Construction of

orders, etc., issued

under Bombay Acts

47 [or Gujarat Act].

10

1904 : Bom. I] Bombay General Clauses Act, 1904 11 of 22

21. Where by any Bombay Act⁴⁷[or Gujarat Act], a power to issue notifications, orders, rules or by 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 by-laws, so issued

22. Where, by any Bombay Act⁴⁸[or Gujarat Act] which is not to come into operation on⁴⁹[the passing thereof], a power is conferred to make rules or by-laws, or to issue orders with respect to the application of the Act, 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, then that power may be exercised at any time after⁴⁹[the passing thereof], but rules, by-laws, or orders so made or issued shall not take effect till the commencement of the Act.

23. Where, in any Bombay Act⁴⁸[or Gujarat Act], or in any rule passed under any such Act, it is directed that any order, notification or other matter shall be notified or published, then such notification or publication shall, unless the enactment or rule otherwise provides, be deemed to be duly made if it is published in the⁵⁰[Official Gazette].

24. Where, by any Bombay Act⁴⁸[or Gujarat Act], a power to make rules or by- laws is expressed to be given subject to the condition of the rules or by-laws being made after previous publication, then the following provisions shall apply, namely-

(a) the authority having power to make the rules, or by-laws shall, before making them, publish a draft of the proposed rules or by-laws for the information of persons likely to be affected thereby ;

(b) 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 the⁵¹[Central Government, or as the case may be, the 52 [State] Government] prescribes ;

(c) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration ;

(d) the authority having power to make the rules or by-laws, and, where the rules or by-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 by- laws from any person with respect to the draft before the date so specified ;

(e) the publication in the⁵⁰[Official Gazette] of a rule or by-law purporting to have been made in exercise of a power to make rules or by-laws after previous publication shall be conclusive proof that the rule or by-law has been duly made.

25. Where any enactment is, after the commencement of this Act, repealed and re- enacted by a Bombay Act⁵³[or Gujarat Act], with or without modification then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, by-law or form made or issued under the repealed enactment 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, by-law or form made or issued under the provisions so re-enacted.

Miscellaneous.

26. Sections 63 to 70 of the Indian Penal Code, and the provisions of the Code of Criminal Procedure 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 Bombay Act, or any rule or by-law made under any Bombay Act⁵³[or Gujarat Act], unless the Act, rule or by law contains an express provision to the contrary. Power to make to

include power to

add to amend, vary

or rescind orders,

etc.

Making of rules or

by- laws and

issuing of orders

between publication

and commencement

of Bombay Act

48 [or Gujarat Act].

Publication of

orders and

notifications in the

Official Gazette to

be deemed to be

due publication

Provisions

applicable to

making of rules or

by- laws after

previous

publications.

Continuation of

orders, etc. issued

under enactments

repealed and re-

enacted.

Recovery of fines.

XLV of 1860.

V of 1898.

11

[1904 : Bom. I Gujarat General Clauses Act, 1904

27. 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.

28. Where any Bombay Act⁵³[or Gujarat Act], 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 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, prepaying 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.

29. (1)In any Bombay Act⁵³[or Gujarat Act] and in any rule by-law, instrument or document made under, or with reference to, any Bombay Act⁵³[or Gujarat Act], 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 Bombay Act⁵³[or Gujarat Act] 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.

30. Where any Act, rule or by-law made after the commencement of this Act continues or amends any Acts, rules or by-laws made before the commencement of this Act, the foregoing sections of this Act shall not by reason merely of such continuance or amendment affect the construction of such Acts, rules or by laws. 54 [31. The provisions of this Act shall apply-

(a) in relation to any Ordinance promulgated by the^* Governor of Bombay under section 88 of the Government of India Act, 1935, as they apply in relation to Bombay Acts made under the said Act by the Governor and in relation to any Regulation made by the Governor under section 92 of the said Act as they apply in relation to Bombay Acts made by the Provincial Legislature ; and

(b) in relation to any Ordinance promulgated by the Governor under article 213 of the Constitution or any Regulation made by the Governor under paragraph 5 of the Fifth Schedule to the Constitution, as they apply in relation to Bombay Acts made by the State Legislature :

Provided that clause (ii) of sub-section (1) of section 5 of this Act shall apply to any Ordinance referred to in clause (b) as if for the reference in the said clause (ii) to the day of the first publication of the assent to an Act in the Official Gazette there were substituted a reference to the day of the first publication of the Ordinance in that Gazette.]

Provision as to

offences punishable

under two or more

enactments.

Meaning of service

by post.

Citation of

enactments.

Saving for previous

Acts, rules and by-

laws.

Application of Act

to Ordinances and

Regulations.

12

1904 : Bom. I] Bombay General Clauses Act, 1904 13 of 22

THE SCHEDULE.

ENACTMENTS REPEALED.

( See section 2. ) Year No. Title or Subject Extent of repeal 1886 III The Bombay General The whole⁵⁵ [ except so much Clauses Act, 1886. of^Schedule B as relates to unrepealed enactments ].

1891 I An Act to amend the Bombay So much as is unrepealed. General Clauses Act, 1886.

1896 I -do- -do- The whole.

APPENDIX.

56 SCHEDULE B to the Bombay General Clauses Act, 1886. ( Bom. Act III of 1886. )

VERBAL AMENDMENTS MADE IN THE REGULATIONS AND ACTS OF THE

GOVERNOR OF BOMBAY IN COUNCIL.

ENACTMENT Words repealed. Words, if any, sub- No. and Year. Section. Clause stituted for the words repealed.

Regulations—

57 XII of 1827 19 1 "Magistrate" ...... "District Magistrate", 19 6 "The Magistrate" (the first time "the district the words occur). Magistrate".

19 6 "the Magistrate" (the Second " any Magistrate".

time the words occur).

19 6 "ordinary"...... "simple".

19 6 "without labour"... ......

19 7 "Magistrate" (the first time the "District Magistrate".

word occurs)

19 7 "Magistrate" (the second time "Magistrate before the word occurs) whom proceedings

against such indivi-

dual are being held."

19 8 "the Magistrate shall also" ... "any Magistrate may".

58 20 ... 58 "Magistrate" ...... 58 "District Magis- trate".

27 2 "Magistrate" (each time the word⁵⁸"District Magis- occurs) trate".

27 2 "ordinary"...... "simple".

27 2 "without hard labour"... ...

37 1 "Magistrate" ... ... "District or sub- Divisional Magist-rate".

59 XXII of 1827 40 ... "Magistrate" ...... "District Magistrate".

41 1 "local"...... "District".

42 1 "local"...... "District".

13

[1904 : Bom. I Gujarat General Clauses Act, 1904

SCHEDULE B to the Bombay General Clauses Act, 1886. ( Bom. Act III of 1886 )—contd.

ENACTMENT Words repealed. Words, if any, sub- No. and Year. Section. Clause stituted for the words repealed.

Regulations—

Contd.

60 XXII of 1827 42 2, 3, 4 "Magistrate" (each time the "District Magistrate."

(Contd.) word occurs).

60 XXV of 1827 4 2 "Magistrate" (both times the "District Magistrate."

word occurs).

7 ... "Magistrate" ... ... "District Magistrate."

Acts.—

61 I of 1862 1 ... "Annexed to this Act"…. …… IV of 1862 1 ... "the Magistrate" (the second "a Magistrate of the time the words occur). first class."

1 ... "calendar" …. …. ……

6 ... "Magistrate" ... ... "District Magistrate."

6 ... "this Act" ... ... "section 4"

6 ... "of Police" …..

7 ... "of either kind" ...…

7 ... "calendar" ...…

10 ... "Magistrate" ... ... "District Magistrate."

10 ... "of Police" ...…

V of 1862 3 ... "Calendar" ...…

VI of 1862 8 and 9 ... "Calendar" (each time the word ...… occurs).

21 ... "the following words and expressions" ...… 21 ... "shall have the meanings hereby …..

assigned to them."

21 ... "(that is say)." .....

1 of 1863 6 ... "Justice of the Peace or person "of the first class."

exercising the powers of a

Magistrate within the province

of Sind

12 Ditto ... Ditto 11 ... "of this Act" ….. 11 of 1863 2 ... "of this Act" (the first time the words occur).

2, 4, 5, 7, 8, ... "of this Act" (each time the 10, 11 and 13 words occur).

14

1904 : Bom. I] Bombay General Clauses Act, 1904 15 of 22

SCHEDULE B to the Bombay General Clauses Act, 1886 ( Bom. Act III of 1886 )—contd,

ENACTMENT Words repealed. Words, if any, sub- No. and Year. Section. Clause stituted for the words repealed.

Acts.—contd.

II of 1863 4, 5 and 11 ... "calendar" (each time the word …. —contd. occurs).

5 and 11 ... "collectorate or" (each time the ….. words occur).

11 4 "Collectorate" ... ... "district"

11 6 "collectorate" (each time the "district"

word occurs).

III of 1863 1 and 2 ... "to this Act" ( each time the …. words occur).

V of 1863 20 ... "of this Act"

62 * * * * * * * * * *

VII of 1863 ... ... "of this Act" (the first time the words occur).

7, 8, 9, 11, ... "of this Act" (each time the words 12, 13 and 26 occur).

9 1 and 2 "collectorate or" (each time the words occurs).

3, 4, 6 "collectorate" (each time the "district"

and 7 word occurs).

9 8 "calendar" …..

9 9 "Revenue" …..

9 9 "of the division" ….

12 ... "or Sub-collector" ….

20 2 "annexed" …..

VII of 1866 6 ... "of this Act" ….

XII of 1866 15 ... "annexed to this Act" …. 63 * * * * * * * * * *

VI of 1867 5, 9 ... "of this Act" (each time the ... and 10 words occur).

15

[1904 : Bom. I Gujarat General Clauses Act, 1904

SCHEDULE B to the Bombay General Clauses Act, 1886 ( Bom. Act III of 1886 )—contd,

ENACTMENT Words repealed. Words, if any, sub- No. and Year. Section. Clause stituted for the words repealed.

Acts.— contd.

64 VII of 1867 34 ... "Of this Act" (each time the words …. occur).

… … "full-power Magistrate" ... "Magistrate of the first class".

VIII of 1867⁶⁵[1 ... "Commissioner of Police" "Acts, 1867 and Act, 1861. 1890]".

3, 4. 5, ... "of Police" ( wherever in the

15 and said sections those words follow

18 the word "Commissioner").

5 ... "Police" (in each place in which

the word precedes the word

"Commissioner"). 18 ... "of this Act." …. …. II of 1868 17 ... "Revenue or Police." …. ….. 66 * * * * * * * * * *

I of 1874 In the ... "to this Act" …. …. …. preamble

4 ... The last three words …. …. 13 ... "of this Act" (the first lime the …. words occur).

14 ... "of this Act" …. ….

29 ... "calendar" ….. ….

II of 1874 15 ... "of this Act" (each time the …. words occur).

67 III of 1874 3, 4, 6, ... "of this Act" (each time the 7, 10, 11, words occur).

12, 13, 21,

31, 37, 39,

55, 67, 73,

75, 76 and

83

6 1 "Revenue" (each time the …. …. word occurs).

16

1904 : Bom. I] Bombay General Clauses Act, 1904 17 of 22

SCHEDULE B to the Bombay General Clauses Act, 1886 ( Bom. Act III of 1886 )—contd,

ENACTMENT Words repealed. Words, if any, sub- No. and Year. Section. Clause stituted for the words repealed.

Acts.— contd.

III of 1874 20 ... "of this Act" (the first time the …. —contd. words occur).

40 1 The last three words ….

73 2 "thereof" ….

74 ... "revenue" ….

74 ... "appointed under Regulation V …. of 1830, or other law in force

for the time being".

77 ... "empowered under the provisions …. of Bombay Act I of 1868."

77 ... "so empowered" ….

84 ... "Revenue" ….

III of 1875 7 ... "of either description" …. 7 ... "calendar" ….

II of 1876 14, 16, 18 ... "of this Act" (each time the words …. and 33 occur).

16 ... "here to annexed" ….

31 ... "annexed to this Act" ….

68 * * * * * * * * * *

I of 1877 3, 9, 16, ... "of this Act" (each time the words …. 17 and 25 occur).

9, 10, 11, ... "hereto annexed" (each time the …. 14, 15, 17 words occur).

and 18.

12 (b) "of this Act" ….

19 ... "of this Act" (the first time the

words occur).

23 (b) "of this Act" ….

17

[1904 : Bom. I Gujarat General Clauses Act, 1904

SCHEDULE B to the Bombay General Clauses Act, 1886 ( Bom. Act III of 1886 )—contd,

ENACTMENT Words repealed. Words, if any, sub- No. and Year. Section. Clause stituted for the words repealed.

Acts.— contd.

I of 1877-contd. 20 ... "of either description within the …. and 24 meaning of the Indian Penal

Code" (in each place in which

these words occur).

28 .. "The provisions of sections 64 to

70, both inclusive, of the Indian

Penal Code shall apply to".

28 ... "and all such fines"

69 V of 1878 3 3 "means, in Sind, the 70 [Provincial "includes an officer Government ] and elsewhere a appointed by Govern-

Commissioner of land-revenue, or, ment to be a Comm- if Government appoint any other issioner for the pur- officer to be a Commissioner for poses of this Act".

the purposes of this Act, such

other officer.

3 4 "means a collector of land "includes."

revenue or."

45 ... "of this Act" (each time the ….

words occur).

IV of 1879 3 ... The last three words …. ….

9, 10, 11, ... "hereto annexed" (each time the

14, 15, 17 words occur).

and 18.

9, 16, 17 ... "of this Act" (each time the ….

and 25. words occur).

12 (b) "of this Act" ….

19 ... "of this Act" (the first ….

time the words occur).

20 and ... "of either description within the ….

24 meaning of the Indian Penal

Code" (in each place in which

these words occur).

23 (b) "of this Act" ….

18

1904 : Bom. I] Bombay General Clauses Act, 1904 19 of 22

SCHEDULE B to the Bombay General Clauses Act, 1886 ( Bom. Act III of 1886 )—contd,

ENACTMENT Words repealed. Words, if any, sub- No. and Year. Section. Clause stituted for the words repealed.

Acts.— contd.

71 V of 1879 3 2 "of this Act" …. 10, 13, 18, ... "of this Act" (each time the …. 38, 86, 87, words occur).

161 and 216

23 ... "to this Act" ….

VI of 1879 21 and ... " of this Act " ….

34

VII of 1879 35 … " means the head revenue officer …. of a district and".

57 ... " of this Act " ….

61 and 62 ... " of either description within the meaning of the said Code" ( in

each place in which these words

occur).

67 ... "of the division " ….

11 of 1880 3 7 " hereto annexed " …. 33 (b) " hereto annexed " ….

II of 1883 3, 5 and ... " of this Act " (each time the …. 8 words occur).

3 ... " annexed to this Act " ….

III of 1883 In the ... " to this Act " ... …. preamble

4 ... "to this Act "... ….

17 ... "of this Act " (the first time the …. words occur).

72 * * * * * * * * * *

--------------------------------

19

[1904 : Bom. I Gujarat General Clauses Act, 1904 @ This word was substituted for the word "Bombay" by Guj. 15 of 2011,s. 3.

1 For Statement of Objects and Reasons tee Bombay Government Gazette 1903 Pt VII pp 5 6 ; for Report of Select Committee see ibid 1904 , Pt VII p 1 and for Proceedings in Council see by Bom 24 of 19571903 Pt VII p 130 by Bom 24 of 1957Pt VII p 42

 This Act has been re enacted and the amendments made by section 9 and Sch E of the said Act have been continued in force by Bom 52 of 1947, s 2

2 Section 1A was inserted by Bom 24 of 1957 s 2  The words "State of Bombay" stand unmodified vide Gujarat Adaptation of Laws (State and Concurrent subjects) Order, 1960

3 Section IB was inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order 1960

4 These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order 1960

 The words "Governor of Bombay" and State of Bombay stand unmodified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order 1960

5 See now the Government of India Act 1935

6 These words and figures were inserted by the Adaptation of Indian Laws Order in Council

7 This portion was inserted by Adaptation of Laws Order 1950

8 These words were substituted for the words State of Bombay by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order 1956

9 Clauses (6) (7) and (8) were omitted by the Adaptation of Indian Laws Order in Council

10 Clause (6) was inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

11 Clause (10) was omitted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order 1960.

12 The words in the City of Bombay the Collector of Bombay and elsewhere were omitted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order 1960

13 Clause (13) was deleted by Guj 15 of 1964, s 4, Sch

14 The words a Regulation ( as hereinafter defined ) and ' were deleted by Bom 5 of 1948, s 2

15 Clause (21) was substituted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

16 These words were inserted, by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

17 Clause (23) was omitted, by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

18 Clause (25A) was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, as amended by the Bombay Adaptation of Laws (State and and Concurrent Subjects) (Second Amendment) Order, 1957.

19 These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

20 Clause (27) was omitted by the Adaptation of Indian Laws Order in Council.

21 Clause (35A) was inserted by the Bombay Adaptation of Laws ( State and Concurrent Subjects ) Order. 1956

22 Clause (37) was substituted for the orginial by the Adaptation of Laws Order. 1950

23 Clause (38) was deleted by Bom 5 of 1948 s 2

24 Clause (39A) was inserted by the Bombay Adaptation of Laws ( State and Concurrent Subjects ) Order, 1956, as amended by the Bombay Adaptation of Laws ( State and Concurrent Subjects ) (Second Amendment) Order, 1957

25 These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960

26 That is the villages belonging to the following Mehwassi Chiefs — The Parvi of Kathi

The Parvi of Nal

The Parvi of Singpur

The Walwi of Gaohalli

The Wassawa of Chikhli

(6) The Parvi of Nawalpur

27 The Scheduled Districts Act ceases to have effect under the Adaptation of Indian Laws Order in Council

28 Clauses (46A) and (46B) were inserted by the Bombay Adaptation of Laws ( State and Concurrent Subjects ) Order, 1956

29 Clause I46AA) was inserted by Gujarat Adaptation of Laws Order, 1960

30 Clause (48A) was omitted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

31 These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

32 The words "British Indian", "Government of india" and "Presidency of bombay" were omitted by the Adaptation of Indian Laws Order in Council.

33 The words "City of Bombay" were omitted by Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

34 The words "Greater Bombay" were omitted, by Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

35 The words "Hyderabad area of the State of Bombay" were omitted, by the Adaptation of

20

1904 : Bom. I] Bombay General Clauses Act, 1904 21 of 22

Indian Laws Order in Council.

36 These words were inserted by the Bombay Adaptation of Laws ( State and Concurrent Subjects ) Order, 1956.

37 These words were inserted by the Bombay Adaptation of Laws ( State and Concurrent Subjects ) Order, 1956 as amended by Bombay Adaptation of Laws ( State and Concurrent Subjects ) (Second Amendment) Order, 1957.

38 These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order. 1960.

39 The words "Vidarbha region or Madhya Pradesh area or Vidarbha area of the State of Bombay"

were omitted, by the Bombay Adaptation of Laws ( State and Concurrent Subjects ) Order,

1956.

40 Sub-section (1) was substituted for the original by the Adaptation of Laws order, 1950.

41 These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

42 These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

43 Section (7A) was inserted by Bom. 5 of 1948, s. 3.

44 These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order 1960

45 See now the Indian Limitation Act 1908 (9 of 1908) Central Acts

46 The words any Government were substituted for the words ' the Government by the Adaptation of In dian Laws Order in Council

47 These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order 1960

48 These words were inserted by Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order. 1960.

49 The words "the passing thereof" were substituted for the words "the day on which it is first published in the Bombay Government Gazette after having received the assent of the Governor General" and "the Act has been published as aforesaid" respectively by the Adaptation of Indian Laws Order in Council.

50 The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.

51 The words "Central Government, or as the case may be, the Provincial Government"

were substituted for the words "Local Government", by Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order. 1960..

52 This word was substituted for the word "Provincial" by the Adaptation of Laws Order,

1950

53 These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.

54 Section 31 was substituted by the Adaptation of Laws Order, 1950.

55 These words were inerted by s. 2 of the Bombay Repealing and Amending Act, 1905 (Bom. 4 of 1905).

 Printed as an Appendix to this Act.

56 This schedule so far as it affects unrepealed enactments has been reproduced hear as an Appendix as the insertion of certain words in the Schedule to Bom. 1 of 1904 by Bom. 4 of 1905, has revived, it as regards such enactments. Entries relating to sections which have been repealed or substituted after the passing of Bom. 4 of 1905. have also been omitted, a footnote explanation being given in each case.

57 Bom. Reg. XII of 1827 s. 19 cls. 1, 6, 7 and 8 are repealed by the Bombay District Police Act, 1890 (Bom. 4 of 1890), wherever that Act extends. For the Regn. see Vol. I of Bombay Code.

58 On coming into force of Part VI of the Bombay Weights and Measures Act, 1932 (Bom. 15 of 1932) in any area the entry relating to section 20 of Bombay Regulation XII of 1827, shall be deemed to be repealed (vide Second Sch., Pt. II and s. 47 of Bom. 15 of

1932).

59 See Supra

60 See Supra

61 Bom I.of 1862 has been repealed by Bom. 11 of 1928, s.3, Second Schedule.

62 The entry relating to Bom. 6 of 1863 is omitted as the Act has been repealed by Bom. 7 of

1920.

63 The entry relating to Bom. 13 of 1866 is omitted as that Act ceases to have effect under the Adaptation of Indian Laws Order in Council.

64 During such time as Bom. 6 of 1933 and the rules and by-laws shall be in operation in any village, sections 33 and 34 of Bom. 7 of 1867 cease to have any ope ration in the said village. See section 115 of Bom. 6 of 1933.

65 Inserted by the Bombay General Clauses Amendment Act, 1891 (Bom. 1 of 1891).

66 The entry relating to Bom. 3 of 1869 is omitted as that Act has been repealed by Bom. 6 of 1933.

21

[1904 : Bom. I Gujarat General Clauses Act, 1904 substituted by Bom. 12 of 1912.

70 The words "Provincial Government" were substituted for the words "Commissioner in Sind" by the Adaptation of Indian Laws Order in council.

71 The entries relating to sections 2, 214 and 215 of this Act are omitted as these sections have been repealed or substituted by Bom. 4 of 1913.

72 The entry relating to Bom. I of 1884 is omitted as that Act has been repealed by Bom. 6 of 1933.

22