(1) This Act may be called the 1[Uttar Pradesh] General Clauses Act, 1904, and
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[(1) The provisions of this Act shall apply to this Act and to all Uttar Pradesh Acts, whether made before or after the commencement of this Act.
In all [Uttar Pradesh]2 Acts, unless there is anything repugnant in the subject or context ;
1[4-A. In every Uttar Pradesh Act, when a word is defined —
1[(1) Where any Uttar Pradesh Act is not expressed to come into force on a particular day, then,
Where any 1[Uttar Pradesh] Act repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not —
1[6-A. A temporary Uttar Pradesh Act, shall be construed as ceasing to operate immediately at the end of the day on which it expires.]
1[6-B. Where a temporary Uttar Pradesh Act, expires the provisions of sections 6 and 24 shall apply to it as they apply to the repeal of an enactment by an Uttar Pradesh Act.]
1[6-C. (1) Except as provided by sub-section (2) where any Uttar Pradesh Act amends the text of any Uttar Pradesh Act or regulation by the express omission, insertion or substitution of any matter, and the amending enactments is subsequently repealed, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.
In any 1[Uttar Pradesh] Act it shall be necessary, for the purpose of reviving, either wholly or partially any enactment wholly or partially repealed, expressly to state that purpose.
1[1] Where any 2[Uttar Pradesh] Act repeals and reenacts, 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any provision of a former enactment, then references in any other enactment, or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.
In any 1[Uttar Pradesh] 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"
Where, by any 1[Uttar Pradesh] 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 after wards on which the court or office is open ;
1[10-A. Marginal notes to any provisions of an Uttar Pradesh Act and the reference to the number and year of any former enactment against any such provision shall be deemed to have been inserted for convenience of reference only and shall not form part of the Act.]
1[10-B. Where any Uttar Pradesh Act constitutes a body corporate by any form of words, that body corporate shall have perpetual succession and a common seal and may enter into contract by its corporate name, acquire, hold and dispose of property, whether movable or immovable, and sue or be sued by its corporate name.]
1[10-C. Where, by any Uttar Pradesh Act, a form is prescribed, slight deviations therefrom not affecting the substance or calculated to mislead shall not invalidate it.]
In the measurement of any distance for the purposes of any 1[Uttar Pradesh] Act, that distance shall unless a different intention appears, be measured in a straight line on a horizontal plane.
Where, by any 1[Uttar Pradesh] Act, any duty of customs or excise, or in the nature thereof, is livable on any given quantity, by weight, measure or value of any goods or merchandise then a like duty is livable according to the same rate on any greater or less quantity.
In all 1[Uttar Pradesh] Acts, unless there is anything repugnant in the subject or context, —
Where by any Act any power is conferred 1[ * * * ] then that power may be exercised from time to time as occasion requires.
Where by any 1[Uttar Pradesh] 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 may be made either by name or by virtue of office.
1[Where, by any Uttar Pradesh Act, a power to make any appointment is conferred then, unless a different intention appears, the authority having for the time being power to make the appointment shall also have the power to suspend, dismiss, or otherwise terminate the tenure of office of any person appointed, whether by itself or any other authority, in exercise of that power.]
In any 1[Uttar Pradesh] Act, it shall be sufficient, for the purpose of indicating the application of a law to every person or number of persons for the time being executing the function of an office, to mention the official title of the officer at present executing the functions or that of the officer by whom the functions are commonly executed.
In any 1[Uttar Pradesh] 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.
In any 1[Uttar Pradesh] Act, it shall be sufficient for the purposes of expressing that a law relative of the chief or superior of an office shall apply to the disputes or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior.
1[Where by any Uttar Pradesh Act, a power is given to a person, officer or functionary to do or enforce the doing of any act or thing, all such powers shall be deemed also to be given as are necessary to enable that person, officer or functionary to do or enforce the doing of the act or thing.]
1[(1)] Where, by any 2[Uttar Pradesh] Act, a power to issue any 3[statutory instruments] is conferred, then expressions used the 3[statutory instruments] shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the Act conferring the power.
Where, by any 1[Uttar Pradesh] Act, a power to issue 2[statutory instruments] 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, amend, vary or rescind any 3[statutory instruments] so issued.
[Where by any Uttar Pradesh Act, which is not to come into force on the day on which it is first published in the official Gazette a power is conferred 1[to issue statutory instruments] with respect to the application of the Act or in the exercise of any power exercisable thereunder or under any enactment thereby amended, or worth 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, taxes, cess or other dues for which, anything is to be done under the Act, then that power may be exercised at any time after the Act has been published as aforesaid ; but 1[statutory instruments so issued] shall not take effect till the commencement of the Act.]
1[(1)] Where, by any 2[Uttar Pradesh] Act, 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[23-A. (1) All rules made by the State Government under an Uttar Pradesh Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less then thirty days, which may be comprised in one session or two or more successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may, during the said period, agree to make, so however, that any such modification or annulments as the two Houses of the Legislature may, during the said period, agree to make so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
Where any enactment is repealed and re-enactment by an 1[Uttar Pradesh] Act, with or without modification, then, unless it is otherwise expressly provided, any appointment 2[or statutory instrument 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 provision so re-enacted, unless and until it is superseded by any appointment, 2[or statutory instrument or form] made or issued under the provisions so re-enacted.
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 1[Uttar Pradesh] Act, or any rule or bye-law made under any 1[Uttar Pradesh] Act, unless the Act, rule or bye-law contains an express provision to the contrary
Where an act or omission constitutes an offence under two or more 1[Uttar Pradesh] Acts, 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.
Where any 1[Uttar Pradesh] 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, 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.
(1) In any 1[Uttar Pradesh] Act, and in any rule, bye-law, instrument or document, made under, or with reference to, any such 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, 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.
In all 1[Central Acts or Regulations made by the CentralGovernment] and all 2[Uttar Pradesh] Acts, heretofore passed and now in force, and every appointment, 3[or statutory instrument] made or issued thereunder, all references to the 4[North-Western Provinces and Oudh] shall be construed as referring to 2[Uttar Pradesh] 5[ * * * * * * * * ] all references to the 4[North-Western Provinces] and to the 4[Province of Oudh] respectively, shall be construed as referring to the corresponding territories as comprised in 2[Uttar Pradesh] 5[ * * * * ] and all references to the Lieutenant-Governor of the 4[North-Western Provinces] or the Chief Commissioner of Oudh of the LieutenantGovernor of the 4[North-Western Provinces] an Oudh in Council shall be construed as referring to the 6[State Government] of 2[Uttar Pradesh]
.1[The provisions of this Act shall apply