The General Clauses Act, 1897
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(Act no. 10 of 1897)
CONTENTS
Sections Particulars
Preamble
1 Short Title, Extent and Commencement
2 Repeal
3 Definitions
4 Application of foregoing definition to previous enactments
4A Application of certain definitions to Indian Laws
5 Coming into operation of enactments
5A Coming into operation of Governor General Act
6 Effect of repeal
6A Repeal of Act making textual amendment in Act or Regulation
7 Revival of repealed enactments
8 Construction of references to repealed enactments
9 Commencement and termination of time
10 Computation of time.
11 Measurement of distance.
12 Duty to be taken prorata in enactment
13 Gender and number
13A References to the Sovereign
14 Powers conferred to be exercisable from time to time
15 Power to appoint to include power to appoint ex officio
16 Power to appoint to include power to suspend or dismiss
17 Substitution of functionaries
18 Successors
19 Official chiefs and subordinates
20 Construction of notifications, etc., issued under enactments
21 Power to issue, to include power to add to, amend, vary or rescind
notifications, orders, rules, or bye-laws
22 Making of rules or bye-laws and issuing of orders between passing
and commencement of enactment
23 Provisions applicable to making of rules or bye-laws after previous
publication
24 Continuation of orders, etc, issued under enactments repealed and reenacted
25 Recovery of fines
26 Provisions as to offences punishable under two or more enactments
27 Meaning of service by post
28 Citation of enactments
29 Saving for previous enactment, rules any 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
Preamble
(10 of 1897)
(11th March, 1897)
An Act to consolidate and extend the General Clauses Act, 1868 and 1887.
WHEREAS it is expedient to consolidate and extend the General Clauses Acts, 1868 ( 1 of
1887), it is hereby enacted as follows :-
1. Short title -
(1) This Act may be called the General Clauses Act, 1897
2. Repeal –
(Repealed by the Repealing and Amending Act, 1903 (1 of 1903), Sec. 4 and Schedule III)
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, -"Abet", with its grammatical
variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45
of 1860).
"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, "affidavit" shall include
affirmation and declaration in the case of persons by law allowed to affirm or declare instead of
swearing, "barrister" shall mean a barrister of England or Ireland, or a member of the Faculty of
Advocates in Scotland, "British India" shall mean, as respects the period before the
commencement of Part III of Government of India Act, 193, all territories and places within His
Majesty’s dominions which were for the time being governed by His Majesty through the
Governor General of India or through any Governor or Officer subordinate to the Governor
General of India, and as respects any period after that date and before the date of establishment
of the Dominion of India means all territories for the time being except that a reference to British
India in an Indian law passed or made before the commencement of Part III of the Government
of India Act, 1935, shall not include a reference to Bearer.
"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 parts under the Central Legislature shall, for the purposes of this definition, be deemed to be
one British possession.
"Central Act" shall means an Act of Parliament, and shall include- An Act of the Dominion
Legislature or of the Indian Legislature passed before the commencement of the Constitution,
and Act made before such commencement by the Governor General in Council or the Governor
General, acting in a legislature capacity.
"Central Government" shall, - In relation to anything before the commencement of the
Constitution, mean the Governor General or the Governor General in Council, as the case may
be, and shall include,- I in relation to functions entrusted under sub-section (1) of Section 124 of
the Government of India Act, 1935, to the Government of a Province, the Provincial Government
acting within the scope of the authority given to it under that sub-section, and in relation to the
administration of a Chief Commissioner’s Province, the Chief Commissioner acting within the
scope of the authority given 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 shall include- In relation to functions entrusted under clause (1) of article 258 of
the Constitution, to the Government of a State, the State Government acting within the scope of
the authority given to it under that clause, in relation to the administration of a Part C State
(before the commencement of the Constitution (Seventh Amendment) Act, 1956, the Chief
Commissioner or the Lieutenant - Governor or the Government of a neighboring State or other
authority acting within the scope of the authority given to him r it under article 239 or article 243
of the Constitution, as the case may be, and in relation to the administration of a Union territory,
the administrator thereof acting within the scope of the authority given to him under article 239
of the Constitution.
"Chapter" shall mean a chapter of the Act or Regulation in which the word occurs, "Chief
Controlling Revenue Authority" or "Chief Revenue Authority" shall mean- In a state where
there is a Board of Revenue, that Board in a state where there is a Revenue Commissioner, that
Commissioner, in Punjab, the Financial Commissioner, and elsewhere, such authority as, in
relation to matters enumerated in List 1 in the Seventh Schedule to the Constitution, the Central
Government, and in relation to other matters, the State Government, may by notification in the
Official Gazette, appoint.
"Collector" shall mean, in a Presidency-town, the Collector of Calcutta, Madras or Bombay, as
the case may be, and elsewhere the chief officer-incharge of the revenue administration of a
district.
"Colony"- I in any Central Act passed after the commencement of Part III of the Government of
India Act, 1935, shall mean any part of His Majesty’s dominions exclusive of the British Islands,
the Dominions of India and Pakistan (and before the establishment of those Dominions, British
India), and Dominions as defined in the Statute of Westminster, 1931, any Province or State
forming part of any of the said Dominions, and British Burma, and in any Central Act passed
before the commencement of Part III of the said Act, mean any part of His Majesty’s dominions
exclusive of the British Islands and of British India and in either case where parts of those
dominions are under both a Central and Local Legislature, all parts under the Central Legislature
shall, for the purposes of this definition, be deemed to be one colony.
"Commencement" used with reference to an Act or Regulation, shall mean the day on which the
Act or Regulation comes into force, ‘Commissioner" shall meant the chief officer-incharge of
the revenue administration f a division.
"Constitution" shall mean the Constitution of India "Consular Officer" shall include consulgeneral,
consul, vice-consul, consular agent, pro- consul and any person for the time being
authorised to perform the duties of consul-general, consul, vice-consul or consular agent.
"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.
"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 or recording that matter.
"Enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the
Bengal, Madras or Bombay Code, and shall also include any provision contained in any Act or in
any such Regulation as aforesaid.
"Father" in the case of any one whose personal permits adoption, shall include an adoptive
father.
"Financial year" shall mean the year commencing on the first day of April.
A thing shall be deemed to be done in "good faith" where it is in fact done honesty, whether it is
done negligently or not.
"Government" or "the Government" shall include both the Central Government and any State
Government.
"Government securities" shall mean securities of he Central Government or of any State
Government, but in any Act or Regulation made before the commencement of the Constitution
shall not include securities of the Government of any Part B State.
"High Court", used with reference to civil proceedings, shall mean the highest Civil Court or
appeal (not including the Supreme Court) in the part of India in which the Act or Regulation
containing the expression operates.
"Immovable 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.
"Imprisonment" shall mean imprisonment of either description as defined in the Indian Penal
Code, "India" shall mean- As respects any period before the establishment of the Dominion of
India, British India together with all territories of Indian Rulers then under the suzerainty of His
Majesty, all territories under the suzerainty of such an Indian Ruler, and the tribal areas.
As respects any period after the establishment of the Dominion of India and before the
commencement of the Constitution, all territories for the time being included in that Dominion,
and
As respect any period after the commencement of the Constitution, all territories for the time
being comprised in the territory of India.
"Indian law" shall mean any Act, Ordinance, Regulation, rule, (order, bye-law or other
instrument which before the commencement of the Constitution had the force of law in any
Province of India or part thereof, or thereafter has the force of law in any Part A State or Part C
State or Part thereof, but does not include any Act of Parliament of the United Kingdom or any
Order in Council, rule or other instrument made under such Act.
"Indian State" shall mean any territory which the Central Government recognized as such a
State before the commencement of the Constitution, whether described as a State, an Estate, a
Jagir or otherwise.
"Local authority" shall mean a municipal committee, district board, body of port commissioners
or other authority legally entitled to, or entrusted by the Government with, the control or
management of a municipal or local fund.
"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.
"Master’, used with reference to a ship, shall mean, any person (except a pilot or harbourmaster)
having for the time being control or charge of the ship.
"Merged territories" shall mean the territories which by virtue of an order made under section
290A of the Government of India Act, 1935, were immediately before the commencement of the
Constitution being administered as if they formed part of a Governor’s Province or as if they
were a Chief Commissioner’s Province.
"Month" shall mean a month reckoned according to the British calendar.
"Movable property" shall mean property of every description, except immovable property.
"Oath" shall mean property of every description, except immovable property.
"Offence" shall mean any act or omission made punishable by any law for the time being in
force, "official Gazette" or "Gazette" shall mean the Gazette of India or the official Gazette of a
State.
"Part" shall mean a part of the Act or Regulation in which the word occurs, "Part A State" shall
mean a State for the time being specified in Part A of the First Schedule to the Constitution, (as
in force before the Constitution (Seventh Amendment) Act, 1956, “ Part B State" shall mean a
State for the time being specified in Part B of that Schedule and "Part C State" shall mean a
State for the time being specified in Part C that Schedule or a territory for the time being
administered by the President under the provision s of article 243 of the Constitution.
"Person" shall include any company or association or body of individuals, whether incorporated
or not, "Political Agent" shall mean- In relation to any territory outside India, the Principal
Officer, by whatever name called, representing the Central Government in such territory, and in
relation to any territory within India to which the Act or Regulation containing the expression
does not extend, any officer appointed by the Central Government to exercise all or any of the
powers of a Political Agent under that Act or Regulation.
"Presidency-town’ shall mean the local limits for the time being of the ordinary, original civil
jurisdiction of the High Court of Judicature at Calcutta, Madras or Bombay, as the case may be.
"Province" shall mean a Presidency, a Governor’s Province, a Lieutenant Governor’s Province
or a Chief Commissioner’s Province.
"Provincial Act" shall mean an Act made by the Governor in Council, Lieutenant Governor in
Council or Chief Commissioner in Council of a Province under any of the Indian Councils Acts
or the Government of India Act, 1915, or an Act made by the Local Legislature or the Governor
of a Province under the Government of India Act, or an Act made by the Provincial Legislature
or Governor of a Province or the Coorg Legislative Council under the Government of India Act,
1935.
"Provincial Government" shall mean, as mean, as respects anything done before the
commencement of the Constitution, the authority or person authorized at the relevant date or
administer executive government in the Province in question.
"Public nuisance" shall mean a public nuisance as defined in the Indian Penal Code.
"Registered" used with reference to a document, shall mean registered in (India) under the law
for the time being in force for the registration of documents, "Regulation" shall mean a
Regulation made by the President (under article 240 of the Constitution and shall include a
Regulation made by the President under article 243 thereof and) a Regulation made by the
Central Government under the Government of India Act, 1870, or the Government of India Act,
1915, or the Government of India Act, 1935.
"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.
"Schedule" shall mean a schedule to the Act or Regulation in which the word occurs.
"Scheduled District" shall mean a "Scheduled District" as defined in the Schedule District Act,
1874.
"Section" shall mean a section of the Act or Regulation in which the word occurs.
"Ship" shall include every description of vessel used in navigation not exclusively propelled by
oars.
"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 variation and cognate
expressions, "son", in the case of any one whose personal law permits adoption, shall include an
adopted son.
"State"- As respects any period before the commencement of the Constitution (Seventh
Amendment) Act, 1956, shall mean a Part A State, a Part B State or a Part C State, and as
respects any period after such commencement, shall mean a State specified in the First Schedule
to the Constitution and shall include a Union territory.
"State Act" shall mean an Act passed by the Legislature of a State established or continued by
the Constitution, "State Government", - As respects anything done before the commencement
of the Constitution, shall mean, in Part A State, the Provincial Government of the corresponding
Province, in Part B State, the authority or person authorised at the relevant date to exercise
executive government in the corresponding Acceding State, and in a Part C State, the Central
Government.
As respects anything done (after the commencement of the Constitution and before the
commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean, in a Part A
state, the Governor, in a Part B State, the Rajpramukh, and in a Part C State, the Central
Government.
As respects anything done or to be done after the commencement of the Constitution (Seventh
Amendment) Act, 195, shall mean, in a State, the Governor, and in a Union territory, the Central
Government.
And shall, in relation to functions entrusted under article 258A of the Constitution to the
Government of India, include the Central Government acting within the scope of the authority
given to it under that article.
"Sub-section" shall mean a sub-section of the section in which the word occurs "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.
"Union territory" shall mean any Union territory specified in the First Schedule to the
Constitution and shall include any other territory comprised within the territory of Indian but not
specified in that Schedule.
"Vessel" shall include any ship or boat or any other description of vessel used in navigation.
"Will" shall include a codicil and every writing making a voluntary posthumous disposition of
property.
Expressions referring to "writing" shall be construed as including references to printing,
lithography, photography and other modes of representing or reproducing words in a visible
form, and "year" shall mean a year reckoned according to the British calendar.
4. Application of foregoing definition to previous enactments -
(1) The definitions section 3 of the following words and expression, that it to say, "affidavit",
"barrister", "District Judge", "father", "immovable property", "imprisonment",
“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
(Central Acts) and Regulations made on or after the fourteenth day of January, 1887.
The definitions in the said section of the following words and expressions, that is to say, "abet”,
"Chapter", "commencement", "financial year", "local authority", "master", "offence",
"part", "public nuisance", "registered", "schedule", "ship", "sign", "sub-section" and "writing"
apply also, unless there is anything repugnant in the subject to context to all, (Central Acts) and
Regulations made on a after the fourteenth day of January, 1887.
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 law" "Indian State", "merged territories", "Official Gazette", "Part A
State", ‘Part B State", "Provincial Government", "State" and "State Government" shall apply,
unless there is anything repugnant in the subject or context, to all Indian laws.
In any Indian law, references, by whatever form of words, to revenues of the Central
Government or to any State Government shall, on and from the first day of April, 1950, be
construed as references to the Consolidated Fund of India or the Consolidated Fund of the State,
as the case may be.
5. Coming into operation of enactments -
(1) Where any Central Act is not expressed to come into operation on particular day, then it shall
come into operation on the day on which it receives the assent.
In the case of a Central Act made before the commencement of the Constitution, of the governorgeneral,
and in the case of an Act of Parliament, of the President.
Unless the contrary is expressed, (Central Act) or Regulation shall be construed as coming into
operation immediately on the expiration of the proceeding its commencement.
5A. Coming into operation of Governor General Act –
(Rep. By the A.O. 1947).
6. Effect of repeal –
Where this Act, or any (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- Revive anything not in force or existing at the time at which the
repeal takes effect, or Affect the previous operation of any enactment so repealed or anything
duly done or suffered thereunder, or Affect any right, privilege, obligation or liability acquired,
accrued or incurrent under any enactment so repealed, or Affect any penalty, forfeiture or
punishment incurred in respect of any offence committed against any enactment so repealed, or
Affect any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid.
6A. Repeal of Act making textual amendment in Act or Regulation -
Where any (Central Act) or Regulation made after the commencement of this Act repeals any
enactment by which the text of any (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.
7. Revival of repealed enactments -
(1) In any (Central Act) or Regulations 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.
This section applies also to all (Central Acts) made after the third day of January, 1968 and to all
Regulations made on or after the fourteenth day of January, 1887.
8. Construction of references to repealed enactments –
(1) Where this Act, or any (Central Act) or regulation made after the commencement of this Act,
repeals and re-enacts, with or without notification, 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.
(Where before the fifteenth day of August, 1947, any Act of Parliament of the United Kingdom
repealed and re-enacted, with or without modification, any provision of a former enactment, then
references in any (Central Act) or in any Regulation or instrument to the provision so repealed
shall, unless a different intention appears, be construed as reference to the provision so reenacted.
9. Commencement and termination of time –
(1) In any, (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", This section applies also to all (Central Acts) made after the
third day of January, 186, and to all Regulation made on after the fourteenth day of January,
1887.
10. Computation of time –
(1) Where, by any (Central Act) or regulation made after the commencement of this Act, any act
or proceeding is directed to 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 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 is this section shall apply to any act or proceeding to which the (Indian
Limitation Act, 1877 (15 of 1877), applies.
This section applies also to all (Central Acts) and Regulations made on or after the fourteenth
day of January 1887.
11. Measurement of distance –
In the measurement of any distance, for the purpose of any (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.
12. Duty to be taken prorata in enactment –
Where, be any enactment now in force or hereafter to be in force, any duty of customs or
exercise, 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.
13. Gender and number -
In all (Central Acts) and Regulations, unless there is anything repugnant in the subject or context
- Words importing the masculine gender shall be taken to include females, and words in the
singular shall include the plural, and vice versa.
13A. References to the Sovereign.
14. Powers conferred to be exercisable from time to time –
(1) Where, By any (Central Act) or Regulation made after the commencement of this Act, any
power is conferred then (unless a different intention appears) that power may be exercised from
time to time as occasions requires.
This section applies also to all (Central Acts) and Regulations made on or after the fourteenth
day of January 1887.
15. Power to appoint to include power to appoint ex officio -
Where, by any (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.
16. Power to appoint to include power to suspend or dismiss -
Where, by any (Central Act) or Regulation, 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 power to suspend or dismiss any person appointed (whether by itself
or any other authority ) in exercise of that power.
17. Substitution of functionaries -
(1) In any (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 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.
This section applies also to all (Central Acts) made after the third day of January, 1868, and to all
Regulations made on or after the fourteenth day of January, 1887.
18. Successors -
(1) In any (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.
This section applies also to all (Central Acts) made after the third day of January, 1868, and to all
Regulations made on or after the fourteenth day of January, 1887.
19. Official chiefs and subordinates -
(1) In any (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 officer
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.
This section applies also to all (Central Act) made after the third day of January, 186, and to all
Regulations made on or after the fourteenth day of January 1887.
20. Construction of notifications, etc., issued under enactments -
Where, by any (Central Act) or Regulation, a power to issue any (notification), order, scheme,
rule, form, or bye-law is conferred, then expressions used in the (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 meaning as in the Act or
Regulation conferring the power.
21. Power to issue, to include power to add to, amend, vary or rescind notifications, orders,
rules, or bye-laws -
Where, by any (Central Act) or Regulations, a power to ( 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 condition (if any), to add to, amend, vary or rescind any
(notifications), orders, rules or bye-laws so (issued).
22. Making of rules or bye-laws and issuing of orders between passing and commencement
of enactment -
Where, by any (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, 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 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 make or issued shall
not take effect till the commencement of the Act or Regulation.
23. Provisions applicable to making of rules or bye-laws after previous publication -
Where, by any (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:- The authority having power to make the rules
or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the
information of person likely to be affected thereby.
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 the (Government
concerned) prescribed.
There shall be published with the draft a notice specifying a date on after which the draft will be
taken into consideration.
The authority having power to make the rules or bye-laws , and where the rules or bye-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 me received by the authority having power
to make the rules or bye-laws from any person with respect to the draft before the date so
specified.
The publication in the (Official Gazette) of a rule or bye-law purporting to have been made in
exercise of a power to make rules or bye-laws after previous publication shall be conclusive
proof that the rule or bye-law has been duly made.
24. Continuation of orders, etc, issued under enactments repealed and re-enacted -
Where any (Central Act) or Regulation, is after the commencement of this Act, repealed and reenacted
with or without modification, then, unless it is otherwise expressly provided any
(appointment notification) order, scheme, rule, form or bye-law (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 (made or) issued under the provision s so reenacted,
unless and until it is superseded by any (appointment, notification) order, scheme, rule,
form or bye-law, (made or) issued under the provisions so re-enacted (and when any (Central
Act) or Regulation, which, by a notification under Section 5 or 5A of the Scheduled Districts
Act, 1874 (14 of 1874) or any like law, has been extended to any local area, has, by a subsequent
notification, been withdrawn form the re-extended to such area or any part thereof, the provision
s of such Act or Regulations shall be deemed to have been repealed and re-enacted in such area
or part within the meaning of this Section.
25. Recovery of fines -
Sections 63 to 70 of the Indian Penal Code (45 of 1860) and the provision s of the Code of
Criminal Procedure (5 of 1898) for the time being in force in relation to the issue and the
execution of warrants for the levy of fines shall apply to al fines imposed under any Act,
Regulation, rule or bye-law, unless the Act, Regulation, rule or bye-law contains and express
provision to the contrary.
26. Provisions as to offences punishable under two or more enactments -
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.
27. Meaning of service by post -
Where any (Central Act) or Regulation made after the commencement of this Act authorizes of
requires any document to be served by post, where the expression "serve" or either of the
expressions "give" or "send" or any other expression in 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.
28. Citation of enactments -
(1) any (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 sub-section of the
enactment in which the provision is contained.
29. Saving for previous enactment, rules any bye-laws -
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.
30. Application of Act to Ordinances –
In this Act the expression (Central Act) wherever it occurs, except in section 5 and the word
"Act" in 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 (24 and 25 V ict., c-67) or section 72 of the Government of
India Act, 1915, (5 and 5 Geo. V. c 61) or section 42) of the Government of India Act, 1935 (25
Geo. V. c 2) and an Ordinance promulgated by the President under article 123 of the
Constitution.
30A. Application of Act to Acts made by the Governor General –
(Rep. by the A.O. 1937).
31. Construction of references to Local Government of a Province -
(Rep. by the A.O. 1937).
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