(1) This Act may be called the General Clauses Act, 1897; 1 ***
[Repeal.] Rep by the Repealing and Amending Act, 1903 (1 of 1903), s. 4 and the Third Schedule.
1[3. Definitions.-- In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context,
(1) The definitions in section 3 of the following words and expressions, that is to say, "affidavit", "barrister", 1*** "District Judge', "father", 2***, 3***, 4*** "immovable property", "imprisonment", 5*** "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 6[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[4A. Application of certain definitions to Indian Laws.--(1) The definitions in section 3 of the expressions British India, Central Act, Central Government, Chief Controlling Revenue Authority, Chief Revenue Authority, Constitution, Gazette, Government, Government securities, High Court, India, Indian Law, Indian State, merged territories, Official Gazette, Part A State, Part B State, Part C State, Provincial Government, State and State Government shall apply, unless there is anything repugnant in the subject or context, to all Indian laws.
1[(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,--
[Coming into operation of Governor-General's Act.] Rep. by the A.O. 1947. Earlier it was inserted by A.O. 1937.
Where this Act, or any 1[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--
1[6A. Repeal of Act making textual amendment in Act or Regulation.--Where any 2[Central Act] or Regulation made after the commencement of this Act repeals any enactment by which the text of any2[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different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.]
(1) In any 1[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.
1[(1)] Where this Act, or any 2[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.
(1) In any 1[Central Act] or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from", and, for the purpose of including the last in a series of days or any other period of time, to use the word "to".
(1) Where, by any 1[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:
In the measurement of any distance, for the purposes of any 1[Central Act] or Regulation made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.
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 merchandise, then a like duty is leviable according to the same rate on any greater or less quantity.
In all 1[Central Acts] and Regulations, unless there is anything repugnant in the subject or context,--
113A. [References to the Sovereign.] Rep. by the
A.O. 1950.
(1) Where, by any 1[Central Act] or Regulation made after the commencement of this Act, any power is conferred 2***, then 3[unless a different intention appears] that power may be exercised from time to time as occasion requires.
Where, by any 1[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 1[Central Act] or Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the authority having 2[for the time being] power to make the appointment shall also have power to suspend or dismiss any person appointed 3[whether by itself or any other authority] in exercise of that power.
(1) In any 1[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.
(1) In any 1[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.
(1) In any 1[Central Act] or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior.
Where, by any 1[Central Act] or Regulation, a power to issue any 2[notification], order, scheme, rule, form, or bye-law is conferred, then expressions used in the 2[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.
Where, by any 1[Central Act] or Regulations a power to 2 [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 3[notifications,] orders, rules or bye-laws so 4[issued].
Where, by any 1[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, of 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 1[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:--
Where any 1[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 2[appointment notification], order, scheme, rule, form or bye-law, 2[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 2[made or] issued under the provisions so re-enacted, unless and until it is superseded by any 2[appointment notification,] order, scheme, rule, form or bye-law, 2[made or] issued under the provisions so re-enacted 3[and when any 1[Central Act] or Regulation, which, by a notification under section 5 or 5A of the 4Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from the re-extended to such area or any part thereof, the provisions of such Act or Regulation shall be deemed to have been repealed and re-enacted in such area or part within the meaning of this section].
Sections 63 to 70 of the Indian Penal Code (45 of 1860) and the provisions of the 1Code 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 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.
Where any 1[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 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[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 subsection of the enactment in which the provision is contained.
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.
1[30.Application of Act to Ordinances.--In this Act the expression 2[Central Act], wherever it occurs, except in section 5 and the word "Act" in 3[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 4 [or section 72 of the Government of India Act, 1915,] 5 [or section 42 6 *** of the Government of India Act, 1935] 7 [and an Ordinance promulgated by the President under article 123 of the Constitution].]
[Application of Act to Acts made by the Governor-General.] Rep. by the A.O. 1937. Earlier Inserted by Act 11 of 1923, s. 2 and the First Schedule.
[Construction of references to Local Government of a Province. ] Rep. by the A.O. 1937. Earlier Inserted by Act 31 of 1920, s. 2 and the First Schedule.