General Clauses Act, 1897Is a Consolidatingact Itconsolidated the General Clauses Act, 1868 and the General Clauses Act, 1887
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L CLAUSES ACT, 1 Page Inrroduction 1 Sections P I' 1. Short title 2. Repeal GENERAL DE IONS 3. Definitions 4. Application offoregoing definitions to previous enactments . 4A. Application of certain definitions to Indian Laws . GENERAL RULES OF CONS 5. Coming into operation of enactments 5A. Coming into operation of Govenior-General's Act . 6. Effect to repeal 6A. Repeal of Act making textual amendment in Act or Regulation . 7. Revival oF~epealedenactments 8. Construction of references to repealed enactments . 9. Commencement and termination of time 10. Computation of time 11. Measurement of distances 12. Duty to be takenpro Lafain enactments 13. Gender and number l3A. References to the Sovereign 14. Powers canrerred to beexercisable from time to time. 15. Power to appoint to include power to appoint a-ofj5cw . 16. Power to appoint to include power to suspend or dismiss . 17. Substitution of functionaries 18. Successors 19. OEcial chiefs andsubordinates PROVISIONS AS TO O ERS RULES, ETC., E UNDER 20. Construction of notifications, etc., issued under enactmenu . 21. Power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws 22. Making or rules or bye-laws and issuing oE orders between passing and commencement of enactment Sections Page 23. Provisionsapplicable to maklngof rules or bye-laws after previous publication 24. Continuation of orders, etc., issued under enactments repealed and re-enacted SCELLANEOUS 25. Recovery of fines 26. Provision as to offences punishable under two or more enactments . 27. Meaningof serviceby post 25. Citation of enactments 29. Saving for previous enactments, rules and bye-laws . 30. Application of Act to Ordinances 30A. Application of Act to Acts made by the Governor-General . 31. Construction of references to Local government of a Province 7 rnODWrnON The General Clauses Act, 1897is a consolidatingAct Itconsolidated the General Clauses Act, 1868 and the General Clauses Act, 1887. Before the enactment of the General Clauses Act, 1868, provisions of the Interpretation Act, 1850 were followed. Theprovisions ofthat Actand certainadditions wereframed togetherand thus emerged the General Clauses Act, 1868. The object of the General Clauses Act, 1868 was to shorten thc language used in the Acts of the Governor-General of India in Council. It contained only 8 sections. A supplementary General Clauses Act was enacted as the General Clauses Act, 1887 which containcd 10 sections. The additions enacted in this Actwere based on the personal experience of Sir Courteney Ilbertwho drafted this Act. In 1987, the General Clauses Act of1868 and 1887 were consolidated and a new Bill was introduced in the Council of the Governor-General on 4thFebruary, 1897. While intmducingthe Bill in the Council the thenLaw Memberpointed out that the new Bill was not intended to change the existing law. Its object was simply to shorten the language of fulurestatutoryenactments and as faras possible, to provideforunifomirty of expression where there was identity of subjectmatter. It was convenient that the Genera4 Clauses Acts of 1868and 1887, whichwerealready on thestatute book, should be consolidated to have Legislative Dictionary and rules forthe Constructionof Acts in one and the same enactment. ACT I@OF 11897 The General Clauses Bill was referred to the Select Com'ttee and the Select Committee submined its report on4th March, 1987. Based on the report of the Select Committee the Bill was passed by the Council of the Governor-General and it came on the statute bookas the General Clauses Act, 1897 (10 of 189 LIST OF WING ACTS AND AD 1. The Amending Act, 1903 (1 of 1903) 2. Act 10 of 1914 3. Act 17 of 1914 4. Act 24 oE 1917 5. Act 18 of 1919 6. Act31 of 1920 7. Act 11 of 192 8. Act 18 of 1928 9. Act 19 of 1936 10. The Adaptation of Indian Laws Order, 1937 11. The Indian (Adaptation ofExisting IndianLaws) Order, 1947 12. The Adaptation of Laws Order, 1950 13. The Adaptation of Laws (Amendment) Order, 1950 14. The Adaptation of Laws (No.1) Order, 1956 1 An Act to consolidate and extend the General Clauses Act, I868 and I887. [IIrk March, 1897) WHXREAS it is expedient lo consolidate and extend the General Clauses Acts, 1868 (1 of 1868) and 1887 (1 of 1887), it is hereby enacted as follows:- PRE PI I. Short title.--(l) This Act may be called the General Clauses Act, 1897; 2[* * *I ?=*I 2. Repeal-[Repealed by the Repealing and Amending Act, 1903 (I of I903), Sec. 4 and Schedule III]. ONS tiow-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 contexf- (1) "abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860); (2) "act", used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done extend also to illegal omissions; (3) "affidavit" shall include affinnation and deciaration in the case of persons by law allowed to ahor declare instead of swearing; (4) "barrister" shall mean a banister of England or Ireland, or a member of the Faculty of Advocates in Scotland; (5)"British India" shall mean, as respects the period before the commencement of Part III of GovernmentofIndia Act, 1935,all territories andplaceswithinKis Majesty's 1. For Smcocnr of 0b;wiion and ilrssoos, sec Gzcliz of lndu. 189-, Pr V, p. j&lor Rcpon of the Sclwt Cammince.sczGarriieof India. PL \'. p.--, adfor Pioaediop in Couocil secGazelre of India, PL\% p~. 35.40.56 and 76. n~isA;rbsbwodeclsred~okinforocinmcS~nrhalPwpau by IhcSanhiPs-SenlcmearKcgultion (3 of 1272) rec 3: in Paorb PipIda by the Panrb Piploch Iaws Re~ulacion.1929 (1 of 1929). wc Z: in Khonlmalr Dklric! by the Kh0odm.h Lws Rcyhtios 1936 (4 of 1136). ac 3 mdScD: and io lhc Any1 Disuict by the Any1 Laws Regulation. 1936 (5 of 1936). soc. 3 and Sch. TheActhasbeenpartiaUy extPndedtoBerarby tbcBerarLawsAc< 1941(4of1941)andtothe neu.Pmvinoss and Mcrged States by the Mcrged Stam (Laws) Aq1949 (59 of 1949). Tho Abhasbeen extended to- Goa, Daman and Diu with modificatioe~by Regulation 12 o€ 1962, sec3 and Sch.; Dadra and Nagar Naveli by Regulation 6 of 1963. wc2 and Sch.2 - Pondicherry by Regulation 7 of 1963, socj and ScD.1; and Iaaedive. Minicay and Amidivi Islands by Regulation 8 of 1965, scc3 and Sch. It has beenamended in Assam by the AssarnCommissianos' PowesDimibvtion Ac< 1939 (Assam Actlof 1939). 2. Ibc word "an6 in sub-section (1) and sub-seclion (2) rep. by Aa10 of 1914s~3 and Sch. n. 3. Subs by the AO. 1950. for the former Sedion. The General Clauser Acr, 1897 3 dominions whichwerc for thetimekinggoverned by HisMajesty throughtheGovemor General of India or through any Governor or OEficer subordinate to the Governor General of India, and as respecs any period after that date and before the date of establishment of the Dominion of India mans at$ territories for the time being comprised within the Goveruon' Provinces and the Chief Conunissioners' Provinces, except that a reference to British India in an Indian law passed or made before the conuncncenxnt of Part III oithe Govenunent of India Act, 1935, shalt not include a reference to Berar; (6) "British possession"shall mean any part of Her Majesty's dominions exclusive of the United Kingdom, and where parts of those dominions are under both a Central and a Local Legislature, all pa& under the Central Legislature shall, for the purposes of this definition, be deemed to be one British possession; (7) "Central Act" shall means an Act of ParliamenS and shall include- (a) an Act of the Dominion kgislature or of the Indian Legistaturc passed before the commencerncnt of the Constitution, and @) an Act made before such commencement by the Governor General in Council or the Gdvernor General, acting in a legislative capacity; COMrnNTS The date of commencement of ibe Constihition is 26th January, 1950. (8) "Cenlral Govenunen!? shall,- (a) in relation to anythingdone before thecommencement of the Constitution, meantheGovernorGeneralorthe Governor General in Council, as thecase may bc; and shall include,-- (i) in relation to functions entmsted undersub-section (1) of Section 124 of the Government of Lndia Act, 1935, to the Government af a Province, the Privnicial Government acting within the scope of the authority given to it under that sub-section; and (ii) in relationtotheadministrationof a Chief Comolissioncr'sProvince, the Chief ConunissioneractingwithinthescopeoEtheauthoritygiven to him under sub-section (3) of section 94 of the said Act; and @) in relation to anything done or to be done after the commencement of the Constitution, mean the President; and shalt iiclude,- (i) in relation to Functions entrusted under clause (1) of ariicle 258 of the Constitution, Lo the Government of a State, the Sbte Govenunent acling within the scopc of the authority given to it under that clause; ,**I I .I1 , (i) in relation to the administration of a Part C State 2[bcfore the commencement of the Constitution (Seventh Amendment) Act, 19561, the Chief Commissioner or the Lieutenant-governor or the Government of a neighbouringState or other authority acting within the scopeofthe authority given to himor it under axtide WC or article 243 of the Constitution, as the case may be; l[and 1. T%cword "'and" omitred by tbo Adapraiion of Laws (No. 1) Order, 1956. 2. Ins. by the Adaptation of Laws Order (No. 1) Order, 1956. The General Clouser Acr, 1897 (iii) in relation to the adnunistration of a Union territory, the administra- tor thereof actingwithin the scope of theauthority given to himunder article 739 of the Constitution]; COMMENTS Thedate.of commencement of the Constiturion (Scveoth Amendment) Act, 1956 is 1st January, 1956.