LexThe Assam General Clauses Act, 1915
Assam · state statute
Open in Lexace · Ask the AI about this actfHE ASSAM GENERAL CLAUSES ACT, 1915*
(Assam Act No. II of 1915)
CONTENTS
Section
Preliminary
1. Short titl e and commencement.
2. Meani ng of the worj "A~.;t" .
3. Appl ication of Act to other
enactments.
4. Definil ions.
5. Gener al rule s of cons tru ction.
6. Bffect of repea l.
7. Revival of repealed enactments.
8. Con struction of references to
repe a led enactments
Section .
22. Construction of orders. etc.
issued under enactments.
23. Power to make, to include power
to add to, amend, var-y or rescind
orders, rules or bye-l aws.
24. Making of rules or bye· laws and
issuing of orde rs, between pass
ing and commencemen¢ of
enactments.
Provisions as to orders, rules,' etc .,
I
made under enactments-
Sections 25·28
9. Com men::eme nt and termination 25
of tim e .
P1'ovisioos applicable to ma};:ing
of rules or bye-laws after pt~-.
vious public ation. 10 Computation of time
11. Measurement of distance.
12. Duty to be taken pro rata in
enactm ent.
13. Gender and numb er.
14. Appli cation of Acts.
Powers and Functionaries
15. When po .vers and duties to be
txerc ised and performed.
16. Exercise of power and perform
ance of duty by temporary
bolder of office.
17. Power to appoi nt to include
powel' to appoint ex-officio.
18. Powel' to appoi nt to include
powel' to suspend or dismiss .
19. Substitution of functionaries .
20. Successors .
21. Official Chief:; and subordinates .
26 Continuation of orders, etc . ,
issued under eoactroeots rep~aled
and re-enact ed.
Provisions as to orders, rules, etc.
made under enactments
Miscellaneous-Sec
tions 17-31
27. Publications of orders and Noti
fications in tbe official Gazette .
Miscdlaneous
28. Recovery of fines.
29. Provi sion as to offences punish
able under two or more enact
ments.
30. Meaning of ser-vice by post.
31. Citation of enactments.
32. Saving of previous enactments,
rules and bye-laws.
33 Applic ation of Act to Ordinances
and Regulations .
*Published in the A<>sam G azette on the 19th January, 1916.
[ 785 1
8 ALA-99
786 North-Easterll Region Local Acf3 & R11les
An Ac for shortening the language used in Assa m A cts , and for other
purposes
[S
Wheca s it is expedient to provide for the iott>rpretat ion of ksam Acts,
for sh~ rt dl iog the language used ther ein and for makin g c ert ai n oth er prov i·
sion s rel a:ing to such Acts ~
It is aereby enacted as follows ;
Preliminary
I. Short title and commencement. 1his Act may be c a lled the Assa m
G .nera l Clauses Act, 1915.
NOIES
Section 1. The General Clau ses Act of 1 897 (the Centra l A ct) was
en acted with the object to place in one single s tatute di fferen t prov isions
as rega •; d~ int er pretationq of words and lega l pri ncip les which would otherwise
have tc1 be specified separately in many differe nt Acts and Regu lation s.
Wh ate\Ver th e General Clauses Act says, w heth er a s t ega rds the meani ng of
wo rds or- as rega rds legal principl es , b as to be read i nto eve ry sta tute to
which it ap plies. [Chief inspector of Mine3 v. Karam Chand Thapar, AIR
1961 fL.:; ts3~l- Thi s Centr a l Act is a consolidatin g and amen ding Act
[NibaJ ·onChandrav. Mahendranath, AIR 1963 SC 1890J. 1 bis Act was
enac t, .!d \\ ith the purpo se to a void superfluity a nti repe titio n of la nguage s,
and s' t10rt en langu age u sed 10 p arll a meota ry l e g is l <~ ti o n . 'J his Act is not
meap_.t to give a hide-bound meaning to terms a nd phrases generall y occurr-
i;,,g 10 legislation [N. Subramania v. Official Receiver, AlR J95R SC 1). This
Act can apply for the inter pretation of the Con st ttut ion ns it a pplies fo r the
interpr eta tion o r an Act. [Ram Ki3hore v. Union of India, AIR 1966 SC
644] .
2. Meaning of the word "Act " . I n thi s Ac t, the wo rd "Act " shall
mean an Assam Act.
3. Application of Act to other enactments . The provis ions o f Ss. 4 t o
3 1 sh all a pply to the Act, und shall apply, and sha ll be deem ed a lways to
have appl ied to all Act s m ade whether before or a fter the commen c em ent of
this Act.
4. Definitions . In a ll Act, unles s there is a nyt hing rep ugn&nt in the
subject or context-
NOTES
Section 4. The definition s in th is sec tion w ill :t pply only if th ere is
noth ing repugnan t in the subj ect Ol' context. [Dulichand v. C . 1. T , AIR
1956 SC 354 ~ Dandhania Kedia and Co. v . C . 1. T ., AIR 195\1 SC 219; Stat e
of Punjab v . Mohar Singh, AIR 1955 SC 811 ~ Jndra Solzanlal v. Custodian,
AIR 1956 SC 77] .
( 1) " a bet" with its grammatica l v a riat ions and cogna te e~pr es sions
shall ha ve th e same meanin g as in the Ia d ia n P en? 1 Code ;
NOTES
Clau se ( 1). Sect ion 10 ~ of the Indian P enal Code dea ls wit h th e defini
tion of "abet" . [For similar prov isions see Cl. (1) of S. 3 o f t he Centr a l Act].
1
i
\
\
~ 4) AHam Gen!'rnl C/auus Act, 19 15 787
(2) ·:act" used wit h r ereren ce to an offence or a civil wrong , s hall
mclude a "<'rics of acts, a nd worde wbtch refer to acts done ~ball
extend also to illegal omis ions;
NOTES
Clauv e (2) For the definition o f tbe word ' ' illeg al" see S. 43 of the
Indian Penal Code.
. In view of the prwi~ionc; of this Act,,the expression ' act ' al•o includes
tllcgal omi'lsio'l~ (A?t'llgrmvued Electricity Company v. Ajmer Municipnlicy,
AIR 19 ~>9 <;C 227; see a/yo Public Prosec'ltor v. R Roju, AIR 1972 I)C 2504].
(3) "affidavit" sha\\ includ e affirmation and decl aration of the case
of per~o ns by law allowe d to affirm or declare instead of
swea rin!! ;
NOTES
ClwHe 3. Affi lavit aae~ ted bv a jud icia l <'fflcer does not a mount to an
affidavit of the o;ig"atory. r his rlefi'lition is inclusive anrl not exhamti <' and
in o;uch cHe the provi qion of O:Hho; Act will come into play (C IY71) 1
sec 1021
( 4) [/) ·I etc:'d 1
('i) "Ac:o;am Act" sha ll mean a n Act made by the Chief Co mmi ssione r
of A ~c:n m in Council under the Tndian Councils Act, Jl\6 1 to
1909 o r any of tho se Acts o r unde r the Government of Indi a Act,
191 c; . o r hy the Local Legisl'lture of Assam und er the Govern
rn nt of ln tlia Act , 19\S, or by the l'rovi ncia l Legi!>l.ltur.-: or the
G o vernor of A <;~ f!m undu the Govern mt nt of India ~ct. 193'\
or hy t he Le~1'1l1tu r e of th,. State ot Asnm .under the Consti-
tuti on ;
(6) •· Barr io;ter" ~hall mcnn a harristcr of England Ol' Ireland or a
mcmh<'r of the rac ully of Adv oca tes in Scotland;
(7) "B e n~al Act" sha ll mean an Act made hy th e Lieutenant Gov
ernnr of Bengal in Council under the India n Coun cils Act, 1861.
or the Indian Counci ls' Act. 186 I and 1892, o r the Ind ian
Council' s Act, 1!l6 1. 1892 11 nd 1909, or made by the Governor in
Council of Fort William in "Bengal under the Indi an Council 's
Acto;. 186 1. 1892 and 1909, or by tho loca l le!!i. latur e of B enga l
under the Government o f India Act ;
( 8) [Deleted.]
(9) "Br iti sh posses!tion" shall mea n any part of Her Maie sty's domi·
n ions, excluo;ive of the U nited Kingdom, and where parts of
tho se domi nions are under both a Ce ntr al anc\ a local legislature,
all pa rts under the Centra l legislature sha ll, for the purp oses of
thi <> dclinition, be deemed to be one British possession ;
( 10) ''Chapter" shall mean a Cha pter of the Act in which the word
occurs;
(ll) "Colony"-
:Vo rlt Ealtern Rtglon Local Actr .. 't Ru!L's [S. 4
(a) in any Assam Act passed after the commencement of Pa rt Til
of the G o vernment of India Act, 1935 , shall mean any part
of His Majesty 's dominions, exclusive of the :9riti~h Islands,
the Dominion<: of India and Pakista n (and before the eqab
lishmeot of those Dominion s, I.Jriti. h Indi a}, any Dominion
as defined in the Statute of Westminste r, 19 31, any Province
or State form ing part of any of the said Dominions, nod
Briti sh Burm a ; and
(b) in any Assam Act nasserl before the commencement of Part
IT£ of the c;aid Act, mean any part of His Majesty'c; dominio ns
exclu~ive of the British Islands nnd of Briti ~h Inclia ; am\ in
either ~H~e where p11rts of tho~e dominions are under both a
Cen!ral and Local Legi slatur e , all part;; under the Central
Leg,o;lature shall. for the purp oses of this clefinition, be
deeme:1 to be one colo ny ;
(12) "commencement", used with reference to an Act, hall mea n the
day on which the Act comes into force ;
(13 "C'ommissio ner", ~hall mran the rhief Officer in cha rge of the
revenu e · lldminio;tration of n division and shnll include the
Assam Revenue Tribunal while exercising juris diction hereto
fore exercic;ed hy a Commissioner in appeals and revi<~ion in
Revenue CB'lCS ;
(14) "Consular Officer " shall include consul ,general, consul, vice
consul, co nsula r agent, pro-co no; ul, and any person for the time
bein g authoric;ed to perform the dutie s of con<;u\-general, co nsul,
or vice-conc;ul or con<~ul agent ;
( 15) "Oeouty Commic;sione r" shall mean the chief officer-in-charge
of the gene ral adminic;t ration of dist rict.
( 16) "District C'ourt" shall mean orincioal Civil Court of original
jurisdiction; but <~hal\ not include a High Court in the exercise of
its ordinary or extraordinary original civil jurisdiction ;
( 17) "Dic;trict Judge" sba ll mean the Judge of a Dist rict Court ;
NOTES
In Maniour, Additional Di c;trict Judge would come within the meaning
of thic; clause. [AlR 1964 M rtniout' 351. The question whether a n Adrlit1o nal
Distnct Judge or an Additional Judge is a Judge of 1 he Di-;• net
Court and extent of hi<; powers of a Dist rict Judge sha ll clepend upon C1vil
Courtc; Rules etc. in force in d1tferent States . [Kuldip Singh v. Tlw Stnre of
P11njab, ATR 1956 SC 391].
( 18) "document" shall include a ny m atter wrillcn, expre~sed or d<'•cnh
ed upon any substance by means of letters, figures or m.•rks, or
by more than one of those means, which is intended to be used,
or which m~ty he used for tbe purpose of recording that rna tier ~
NOTES
Clause 18. The Nord "document" does not include Indi. tn Currency.
A plain reading of the clause shall refute such a contention . [Kri slman
\
Asram General Clauses Act, 1915 789
Sukumaram v. Enforcement Officer, ATR 1968 Kerala 208] . But in another
case l '\[R I Y62 TJ:Iipura 50) it was held that the definition of document
includes foreign currency.
( 19) "Eastern Bengal and Assam" shall mean the terPitories which
were under the Administration of the Lieutenant-Governol' of
Eastern Bengal and Assam immediately priol' to the Constitution
of the Chief Commissionersltip of Assam io 1912 ;
(20) "Eastt.rn Bengal and Assam Act" shall mean an Act made by the
Lieutenant-Governor of Eastern Bengal and Assam in Council
under the Indian Councils Acts, 1861 to 1909;
(21) " enactment" shall include a Regulation (as hereinafter defined)
and any Regulation of the Bengal Code, and shall also includ e
any pro vision contained in any enactment or in any such Regula ·
tion as aforesaid ;
NOTES
Clause 21. The definition of enlctment in this clause is inclusive and
not exhau stive , therefore, the matter 18 not conclud ed merely by that fact
that an .. ) rdin a nee" is oot inclu Jed in this definition . (Haroobhai v. State,
AlR 19;,7 Ouj 2 2-J].
(22) "father" in the case of any one whose personal law perm1ts adop
t ions sha ll include an adoptive father ;
(23) "financi al year" shall mean the yenr commenc ing on first day
of April;
(24) [Del etedj.
(25) A thing shall be deemed to be done in ••good faith " where it is
in fact d)oe honestly, whether it is done neglig ently or not;
NOTES
Clause 25. Section 25 of the Indian Penal Code and S. 2(h) of the
Limitation Act, also define "good faith", but both these definitions are at
va.riance with the definition given uodel' this clause. Under the definition in
thts cl ause stres s is given on one aspect of honesty only irrespective of negli
gence, but in the Indian Penal Code both the aspects-honesty and m·g\igence
have been taken into consideration . The definition given in the Limitation
Act is identical with the one given in the Penal Code . [See AIR 19 ~ 6 Orissa
\24 and AIR 1969 Bom 127]. It was held in the case of N. Subramania v.
Official Receiver, [AIR. 19S!s SC 1), that the definition of "good faith " in the
Indian General Cla uses Act would have been applicable to the loJian Limita
tion Act also but the legislature in its wisdom has given a special debnition of
"good faith" different from the one in the Indian General Clau ses Act -so is
the case of the Indian Penal Code. It cannot be said that the definition of
"good faith" as give:• in the General Clauses Act must apply in the same
sense to every piece of legislation to which it may apply irrespective of the
subject or the context . [See also Harbhajan Singh v. State of Punjab, AIR
l ~66 SO 97 ; also AIR 11J66 SO 1260] But the definition of ·• good faith"
given in the Factories Act (S. 117) is similar to the one given in the OeneFal
Clauses Act.
?90 North-Ea!lfem R.Jgirm Local Acts & Rules [S. 4
[Se~ also S. 22 of the Tndustria l Disputes Act]. For an action to amount
mala fide something more th an negligence is necessary, so as to impose
liability on the actor, [AIK. 1975 SC 529].
(26) "Government" or "the Government" shall include the State
Government as well as the Central Government ;
NOTES
. Claus e 26. The term "President" can tot be divorced froin the expres-
Sion "Government of India" occurring in Art . 77 of the Constitution.
(Chattar Singh v. The Union of India, AIR 1967 Raj 194].
(27) W eletedJ.
(28) "High Court" shall mean the High Court of Judicature at Fort
William in Bengal ;
{29) W eleted} .
{30) "immovable property" shall include land , benefits to arise out
of land, and thing ~ attached to the earth, or permanently fastened
to anything attached to the earth ;
NOTES
Clause 30. 1'he word "immovable" as used in this Act would connote
all that would be "real" prop~rty acco rding to the English law and possibly
more. "Standing crops" are immovable property [AIR 1935 Mad 134] and
"trees" wou ld also be included in the definition [1\TR 1927 All 2'i 4l Tbe
~upreme Court in tbe case of Smt Shantabai v. State of Bombay, [AIR 1958
SC 532] held that ''Trees" are rega •dec\ as immov able property because they
are attetched to or roo ted in the earth. Section 2 (6) of the Regist rati on Act
expres sly s1ys so and though the Tr..1nsfer of Property Act does not ~pecifi
C<tlly defin e "im mov able prop ertv, because of this clause of the General
Claus¢s -\ct. tree.; would he treated as "immov a ble property" . Tbe
Supreme C'ourt in artother c'lse rMahadeo v. Stat e of Bombay, ATR 1959 SC
735) held ttJat the thing s rooted in the earth as in the case of trees and
shrubs, are immovable property both with in the General Cl <~ use s Act and
the Tran sfet~ of Property Act 'T'he Supreme Court in the case of Anand
Beharn "·Stat.: of Orissa, r \IR 195o SC 171 held that the sale of a right to
catch and c1rry a'vay fish in specific portion of the lake, is reearded as a
henefit that arises out of the land . [See al~o AIR 1971 SC 20971 The
right to receive rent fol' the occupation of the land i~ the right of henefit'l
arising out of the land . [AIR 19 '2 Orissa 116 ; See also ATR 1936 PC
2301. Machinery if it is affixed to the soil can be iO"movable property.
{AIR 1938 A 11 57~].
The structure which is permanently fixed to the land is immovable
property for the purpo se of Pre-~mption Act [ATR 1959 J and K n1.
Structure of a building, building, doors of a house, bamboos are all immov
able property .
Insurance Polic y is a moveable property. [Bulchand Candiram v . Bank
of lnd;a, AIR 1968 SC 1475] .
Interest of a partner in partnenhip assets e en coosi~ting of la nds is a
moveable property . [Addanki Naray@oppa v. Blzask01a, AIR 1 ~ 66 SC
1300].
s. 4] Assnm General Clauses Act, 1915 791
(31) "imprisonment" shall mean imprisonment of either C'escription as
defined in the [nd ian Penal Code;
NOTES
Clau se 31. Undet' this clause the word 'imprisonment' means impl'ison
ment of eithe~ description as defined in the Penal Code.
(32) tDele tedj .
(33) " J udicial proceedings" shall mean any proceeding in the course
of which evidence is. or may be, legally taken ;
(34) "loc a l authority" shall mean a body of Municip:~l or Station
Com missionel's, Loca l Board, Ol' any other authority entrusted
by the Government with, or legally entitled to, the control or
managelt'ent of a municipal or local fund ;
NOTES
Clau se 14. The State Tran ~ port Corporation is riot a local authority.
[Valjibhai v. Tire State of Bombay, AIR 1963 SO 1890]. State Electricity
Board, group of villagers a nd :State Hous ing Board are also not "local
authority ".
(3 5) " Loca l Administ~ a tion " shall mean the Provinci al Government;
(36) LDeleted].
(3 7, " Magist rat e" shall include every person exercising all or any of
the powers of Magistrate under the Code of Criminal Procedure
for the time bejng in force ;
NOTES
C/auae 37. 1 he definition of "Magistrate" in this Act is not confined to
Magi st ratc:s exercising jurisoiction under tbe Code of Criminal Procedure ~ it
merely include s them .
(38) "master" used with reference to a ship shall rr.ean any person
(except a pilot or harbour-master) having for the time being
control or charge of the ship ;
( 39) "month" shall mean a month reckoned according to the British
calendar.
NOTES
Clause 39. Month means English Calendar month . [AIR 1961 Tripura
16 and also see AlR l Y62 Orissa 149].
(40) "movable property" sha ll mean property of every description
except immovable property ;
( 41) "notifi cation" shall mean a notification in the official Oazelte ;
(42) " oath" shall include affirmation and decl arat ion in the case of
person by law allowed to affirm or declare instead of swearing ;
792 North-Ea3tern Region Local Act3 & Rules {S. 4
NOTES
Clause 42. "Oath" includes affirmation and as such undt'r S. 145 of
the Code of Criminal Procedure affidavits from a very important piece of
evidence for arriving at a finding of poss('ssion.
(43) "offence" shall mean any act or omission m ade puni shable by
any law for the time being in force ;
NOTES
C/au3e 43 . The word "made" used in thi s clause is very significa nt
becau se it carries the implic a tion that some authority empov. ere d to do f o
has laid down the law. (AIR 1Y54 All 319] .
(44) "par t" shall meuu a part of the Act in which the word o~:curs
(4 5) ''per son" shall include any company or associati on or body of
individuals, wheth er incorporated or not ;
NOTES
Clause 45. An associatio n of persons is normally one in which two or
more persons join in a common purpose or common action Th ere is no
formula of uni versal application but must depend upon particular facts a nd
circum st nnces A Municipality [AIR 1937 Bom 417; AIR 1969 All I] ;
Hindu diety [AIR 1969 SC 1089] ; a limited company, Managing Com
mittee of a school [A l R 1 969 Ori ssa 30] ; Company registered under the
Companies Act LAIR 1 956 Ca l 137] all come within the definition of
"pel' son " , but to impo rt th is definiti.>n into S. 4 of the Partnership Act, will
be totally repugn ant to the subject of partnership law becau se the meaning
of the word "penon" in the Partner ship Act is contr oll ed by the conteAt .
[AIR 1956 SC 35 ).
(46) "Politica l Agent" shall mean-
(aJ in relatio n to any t erritot~y outside India, the Prin cipal
Officer, by whatever name calle d, repre senting the Central
Government in such territory ; and
(b) any officer appointed to exercise all or any of tbe powers of
a Pol ttical Agent for any place not formi ng part of India
und er the law for the time being in force rela ting to foreign
jurisdiction ;
(47) [Deleted].
( 48) [Deleted].
(49) "public" includes any class of the public 011 any community ;
(50) "publi c nuisance" shall mean a public nuisance as defined in the
Indi an Penal Code;
(51) "regi ster ed" used with reference to a document, shall mean
registered in (a Part A State or a Part C State] undel' the law for
the time being in force for the registration of document ;
1
S. 4] A.uam General. Clau.Je.J Act, 191S 793
(52) " Regulation" shall mean a regulation made by the Govetnor
un der the Sixth Schedule to the Constitution or under the
Govem ment of Indi a Act, 1935, and :-hall include a regulation
as defined inS 3 (SO) of the Gener al Cla uses Act, 1897;
(53) "tule" sha ll mean a rule made in exercise of a power conferred
by any enactment and shall include a regulation made &S a rule
under any enactme nt ;
(54) "Schedule" shall mean a Schedule to tbe Act, in which the word
occurs ;
t55) "Scheduled District" shall menn a "Scheduled District" as
defined in the Scheduled Distr-icts Act, 1874 ;
( )6) ''section" shall mean a section of the Act in which the wo~d
occurs ;
(57) "ship " shall include every description of vessel used io navigat ion
not exclusively propelled by oars ;
(58) "sign" with its grammatical vari atio ns and cogn ate expressions,
shall, with reference to a person who is unable to write his name,
include "mark", with its grammatical variatJOn :, and cognate
expres sions ;
NOTES
ClauJ"e 58. Where a person authorises another to sign for him, the
sigoature of the person so signing is the sig o l tu~e of the person autho~ising
him . (AlR 1976 P..1t 23~)
In this section Cls. 4, 29 and 47 were omitted by Ad apt ation of
Laws Order, lYSO ; Cls 8, 24, 27, 32, 36 and 48 were omitted by A. 0.
Order 1937 .
Clause s 11, 46 and 52 wrre substituted and 01. 47 amended vide Adap
tation of Laws (1'hil'd Amendment) Order, 1951.
(59) "son" in the case of any one whose personal law permit s adoption,
shall include an adopted son ;
(60) "sub-section" shall mean a sub-section of the stction in which the
word occurs ;
(61) ••swear" witll its grammat ical variation s and cogoate expre ssions,
shall include affirming and declaring in the case of persons by law
allowe d to affirm or declare instead of swearing ;
(62) "vessel" shall include any ship or boat or aoy other description of
vessel used in navigation ;
(63) "will" ~hall include a codicil and every writing making a volun
tary posthumous disposition o( property ;
(64) expressions ~eferring to •·writing" shall be comtrued as including
references to printing, lithography, photogr aphy and other mode s
of repre sentjn g or reproducing words in a 't'isible form ; and
(65) .. year " shall mean a year reckoned according to the British
calendar .
8 ALA-100
194 North-Etutenc Region Local Act.J & Rules
General Rules of constluctioo- Sections 5 and 6
5. General rules of coo~truc lio a. (. 1) Wher e any Assam Act is not
expressed to come into opl!ration on a particular day, then-
(i) i!l the case of an Assam Act made before the comm encement of
the Consti tution, it shall come into operation, if it is an Act of
the Legislature, on the day on which the assent thereto of the
lloverno r, the Governor-Ueoeral or Hts Majesty, as the case may
requ ire, is fil'st published in the official Gazette, and if is an
Act of t he Governor on the day on which it is first publi shed as
an Act in the official Gazette ; and
(ii) in the case of an Assam Act made after the commencement of
tile Constit •Jtion, it sh all come into operation on the day on
wbit.;h the assent thereto of the Governor or the Prestdent, as the
ca ~ e may require, is first publi shed in the official Gazette .
(2) Unless the contrary is expre ssed, an Act shall be construed as com
ing into opera two immediately oo the expirat ion of the day preceding its
commencement.
NOlES
S ection 5. Sub-section {1) of this sectio n was substituted by the Adap
tation or Laws (Thi rd Amendment ) Order, 1951.
6. Effect of repeal . Where any Act repeal s any enactment hitherto
made, or h1 reafter to be made, theo, unle ss a different intention appears, the
repeal shall oot-
la) rev1ve anyth ing not in force or existina at the time ut which the
repeal takes effect ; or
(b) alter the previous operation of any enactment so repealed or any
thing duly done or suffered thereunder ; or
(.C) affect any ~ight, privilrge, obligatio n, or lia bilily acquired,
accr ued or m;urrej under any enactment so repe aled ; or
(d) affect any pena lty, forfeiture or punishment incurred in respect
of any oiience committeo agains t any enactment so repea led ; Ol'
l_e) affect any investiga tion, l egal proceeding or remedy in respect
of any s uch rignt, privilege, obligation, hab11ity, pentt lty, forefei
ture, or pumshment as afo resaid ;
and any ~ uch investigation, lega l proceeding or remedy may be instituted,
cont inued or enfo rced, and any such p enalty, forfeiture or puni shme nt may
be 1mposed as it the Repealing Act had not been p assed.
NOTES
Section 6. Under the law of Engla nd , as it stood prior to the Interpre
tation Act of 1 ~ 89, the effect of repea ling a s tatute was said to oblite rate it
a· completely from the records of Parliament as 1f it had never been passed,
except for the pur pose of tbo se actions , which were commenced, prosecuted
and concluded while it was an existing law. A r epea l therefore without any
saving clause would destro y any proceeding whether not yet begun or \\bethel'
s. 8] A.uam General ClauJ6J AN, 191~ 795
pending at the time of enactm ent of the Repe lli ng Act and not a lrearly pro
secuted to a fin1l jurigrnent so '\S to create '\ vested right. To obviate such
results a practice come into existence in Bngland to insert a saving clause
in the repealing statute with a view to preserve rights and liabiliti es alrea dy
accrued or incuned und er the r•peated enactm ent. L1ter on, to dispen se with
the n e:e~'!i ty of having to in~ert a saving clluse on eac h occ1sion, S. 38 (2)
was inserted in the Interpretation Act of 1889 which provides that a re peat,
U'lle ~" the contrary intention appea~s does not affect the previous operatio n
of the repeal ed enactment or anything duly done or suffered under it and any
inv estig3tion, legal proceeding or remedy may be inc;titut"ed, continued or
eofori:ed in respec t of any right, liability and penalty under the re pea led Act
as if the Repealing A~t has nr>t b::cn p1S'!ed Secti on 6 of the Oen~rat
C\au~es Act, as is w ~ l\ known, is on the sa me tines asS. 38 ( 2) of the Tnter·
pret ation Act of England !State n.f Punjab v Mohar f\ingh. AIR 1955 SC
84: The Com'ninio ner of Income-tax v. Godavari, AlR l'J67 SC 5'\6 See
also Qudrat Ullah v. Municipal Bo'lrd. AIR 1974 -;c 39fi1 This sectio n applies
even to p'\rtial rep~.1l. (Elcntabaruppa v C. P T O_fjicer, ATR 196) SC
1540} The hw does not favour repe a l by implicati on (AIR \964 SC 12~4 :
AlR 1966 SC 1780; ATR 1963 ~C t ' 611; nor any such inference can be m ade
[ <\IR 1970 sr. 4031. This sect ion has no Application when a statute which
is of a temp orary nature automatically expires by affiu.: of tim e [ \I .<. 1955
~C 84: AIR 19~9 '\C 609; AlR 1962 SC 94'1 A r epeal effected by a
temporary \egi ~ lation is only a temporary rep ea l {AIR 1962 SC 128 Jl . A
p~nding action will not be prima facie affected, which is to be deciried as if
the rep ented enactment was still in force ( A.TR 1970 <:;C 1636: see also AlR
1976 SC 9 58] . This section will h ave no application if the law has a
retrospective operation (AIR 1961 SC 10261 Under this section the repea l
of any Act will not affect any right or liahility acqu ired or incurred under the
repealed enactment . [AIR 1967 SC 1541) . A vested right unrler the old
Code is saved by this section if replaced by the new Code . { -\l R 1969 SC
1225]. This section is similar to S. 6 of the Central Act.
1. Revl•al of repealed eoactment1 In any Act it shall be nece c;sary for
the purpose of reviving either wholly or partially, any enactment wholly or
partially repe a led, expre ssly to state that purpose.
NOTES
StctloJJ 1. Undef! the English Common Law when a repealing enact
ment was repeated by another statute tbe repeal of the second Act revived
the former Act 'ab initio'. but undet' this section if an Act repealing a forme r
Act is itself rep eale d. the last l'epeal docs not revive the Act hefore repeated
unless words are added reviving it. [.4meer-un·Nessa v. Mahboob Begum,
AI 't 19 1:i SC 3' 2].
Where the repealing Act was struck down as void and con stitution fro m
its inception. it could not have tho effect as if it had repealed the previous
Acts [AIR 1974 SC 1480) .
(This section h similar to S. 1 of tbe Central Act.)
8. C')ostructioo of reference• to repealed enactm ents Where any Act
repeals and re-enacts with or without modi fication . any provision of a fo rmer
enactm.:nt, tben references in any other enactment or in any instrument to
the provision so repealed shall unles s a different intention appea rs, be coos
trued as references to the provisions so rc-ena~ted.
796 North-Ea.rern. ReiJon Local Acl.f & .&41•1 LS. 9
NOTES
Where the .. e is no repeal or re-enactment this section will not apply.
[AIR 1976 HP 6].
Und er sub-S ( l) of this section where any Act repeals and re-enact•
with or without mod iflcation, any provision of a former enactment then
references in any such enactment or in any inst rumen t to t be provisions so
rep ealed shall, unless a different iotetion appears, be con strued as references
to the provisions so re-en acted . lN C J. Mills & Co. v. The Asstt . Collector
ofCemra/ Excise, AIR 1971 SC 454. See also '\lR h66 SC 1995]. 'rhe
word "instrument" as used in thi s section include s any order of President as
envisaged under Act 359 ( I) of the Constitution. [AlR 1964 SC 17 3].
The Supreme Court io the case of State of U. P v M. P. Singh, [AtR
t9fl0 SC 569) observed that the reference in the defiuition by which clerical
and other establ ishme nts of factories are included is to the Factories Act
of 1Y34, but, by virt ue of this sectio n, it must be construed as a reference
to the provisions of the Factories Act of 1948, which repealed the Factories
Act of 1934 and re-enacted it. (This section is simila r to S. 8 of the Central
Act).
9 . Commencement aod termio:~tlon of time . In any 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".
NOTES
Section 9. Where an act is to be done within a specified time I. e., a
certain date, t he day of that dat e is to be excluded. lAIR lY72 SC 1293).
(This section is similar to S. 9 of the Central Act) .
10. Computation of time . Where, by any Act, any act or proceeding is
direct ed or allo.,..ed to be done or taken in any Court or office on a certain
day or within a prescribed peri )d, then, if the Coul't or office is closed oo
that day or tho last day of the prescribed period, the act or proceeding shall
be considered a<: done or taken in due time if it is done or taken oo the next
day afterwards on which the Court or office is open :
Provided that nothing in this section shall app ly to any act or procet.
ding to which the Indian Limitation Act, 1908, applies .
NOTES
The object of thiR section is to ennble a person to do what be could have
done on a holiday, on the next working day [AIR 1957 SC 271]. Even if
S "' of the Limitation Act does not apply, s 10 of General Clauses Act will
certainly apply to election petitions to be filed under the Representation of
Peoples Act. [AI ~ 1974 !)C 480].
11. Measurement or distance. In the mea surement of any distance, for
the purpose of any Act, that distance shall unless a d1ffHent intention
appears, be measured in a straight line oo a hori:~Jootal plane.
•
'/
•
•
•
S· 16] AJJam Gmeral CJauJt Act, 1915 191
U . Duty to be takeu pro rata lu enactme:.t Where. by any act, any
duty of customs or excise, or in the nature ther..:of, is levi'lble on any given
quantity by weight, measure or value of any ~oods or merch andi se, then a
like duty is levi able accordina to tbe same rate oo any greate r or less
quantity
13. Gender and number . In all Acts, unles s there is anything repug
nant in the subject or cootext-
(1) word s importing the mascu line gender shall be taken to include
females; and
(2) words in the singular shall include the pl ural, and vice-verJa.
NOTES
Sectio11 13. Tllis secti oD only enacts a rule of construction which will
apply "unless there is anything repugn ant h th• subje~Jt or context" .
[ \[R 1959 SC 219] . The word "in surer" as provided under the prov1sions of
the Insura nce Act, includes perso n who has closed his busioe is I <\I R 1960
sc 971) .
14 Application or Acts . Unless and until exten ded under the Schedul
ed D •stricts Act, 18 7~ or other -vise, no Act in the absen ce of special provi
sions to tbe contr 1ry, shall come into force in the di')trict q of the Oaro Hill s ,
the Kllasi and J ainti a Hill s, the Naga Hills an.! the Lushai Hills, the North
Caohu Su'l-divisioo of the c.~ctla r District, the Mikir Hills Tracts i'l the
Nowgong un i Sib;agar Distr icts, the L'lkli mpur Frontie r fract and the
O :ntral B.mer and Wc:stern sec tio ns of the Nortb-East Frontier.
NOTES
Section 14 Thi~ section was o itted by Adaptation of L1ws (Third
Amendm ent) Order, 195 l.
General rules of construction -PmYers and fonctloo:1ries - Sections 15-ll
Powers and fimctionarie.J
15 When powers and duties to be exercised and pedormed . Where ao
Act confer s a powe r or impo ses a duty, then tue power may be exerc i,cd and
the duty sha ll be performed from time to time as occ..t ~ i o n requires.
NOTES
Section 15. By virtue of t1is sectio n the C)'Tlpetent autho rity will have
power to fh site<; fo r K..huti from time to ti me a~co rd in g to the need of the
situ J tion (AIR 1953 Assam 16 ~] fbi~ section deals with the exer.:ise o f
po wers uccessively and h1s no relevJnce to the question as to whethe r the
power claimeJ can be conferred at all. (<\IR 196J SC 1198]. (This section
is similar to S 14 of the Centr.1l Act) .
16 Exercise of power and pcrrorm.1nce of duty by temporary holder or
office Where an Act confers a power or im p..>ses a duty on the holde r of an
offi.:e, as u.;h, then the power mJy b~ cxercio;rri and the duty shall be
performed by the holder for the time being of the office.
---- ---
798 North·6(Wern Aegion Local Acta & RtJJea [S. 17
17 Power to appoint to include power to appornt ~x-officio Where by
an Act, a r>ower to appoint any per'lon to till 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.
NOTES
Section 17. Appointment can be made by virtue of office. [AIR 1968
SC 432 . See also AlR 1964 Tripura 9) .
(This sectioft is similar to S. 15 of the Central Act).
18. Power to appoint to Include power to su'ipend or dismiss Where,
by a,y act, a power to make any appointment is conferred. then, unle ss a
differocnt intention appears, the authority having po .ver to make the appoin t
ment shall also have power to !I'IS"end or dismiss any person appointed
by it in e~ercise of that power.
NOTES
Section 18. Rec;ulting from this section which by virtue of Art . 367 (1)
of the Constitution applied to the Construction of the word, "appointment"
io Art. 229 ( t) thereof which vests the power of appointment in the Chief
Ju-;tice and ic; equ dly effective to veit in him the power of dism i'sal. [AIR
1956 SC 28' 1 Thi-; section confcrc; a general nowrr upon an lll)pOinting
auth ority to orJer suspension. [AIR 1964 SC 72; AIR !9.)9 Cal 294 ;
AlR 1966 SC 33~] Tn a C'lse where the As istant Secretary has to appoin t
teachers on advice of Board, be is still appointing authority and can
therefore dismiss those appointed by him [AIR tQ6) Assam 101 reversed in
AIR 1967 SC 459) It is no .v well settled rule of interpretation that a powet'
to app :>int ordina rily implies a power to determine the employment. [ A.IR
1975 sc 641].
(1'bis section is similar to S 16 of the Central Act).
19. Substitution or runctlooeries In any Act, it sh<lll be Sl lfficient, for
the purpo~e- of indicating the application of a law to every pe r ~ on or number
of personc; for the time being executing the functions of an office, to mention
the official rule of the officer at present executing the funct iOnS o r that of the
officer by whom the functions are commonly ~xecuted.
20. Successors. ln any Act, it shall be sufficient, for the purpose of
indicating the relat ion of a law to the successors of any function aries or of
corpor.llions having perpetual succession, to rxpress 1ts relation to the
fuoction arie or corporations
Provisions as to orders, rules, etc made under enactments- Sections 'U-21
11. Official Chie(s and Subordinate In anv Act, it shall be sufficient,
f011 the purpose of exoressiog that a law relJting to chief or supe rior of an
office shall apply to the deputies 011 subordtnate'l lawfully performing the
dutie s of that office iD the place of their superior, to prescribe the duty of
the superior. '
12 Construction or orders, etc Issued under enactments. Where by any
Act, a power to make or issue any notification, order, scheme, rule, forms or
bye-law3 is conferred, then expressions used in the notification, order,scheme,
s. 25] AJsam General Clarues Act, 1915 799
rule, form, or bye-law, shall u nless there is an} thing repugnant in the subject
or cont ext, hav e the sa me: rel>pective me ~ uings as in the Act, conferr ing the
po wer.
13. Power to make to include power add to, to amend, vary or rescind
orders , rules or bye·laws . Where, by any Act, a powel' to ma ke or issue
notifi cation s, orrle rs, schemes, rules, forms, Ol' bye-laws is conferred, then
that po •ver include s a power exercisable io the like manner and subJect to
the like sa nction and conditions (if any) to add to, amend, vary Ol' rescind
any notifica ti .m , orders , schemes, rules, forms or bye-l :tws so made .
NOTES
Section 23. This sec tion is similar to S. 21 of the Central Act. There
is not hing in Art . 370 of the Constitution which wou ld exclude the applica
bility of thi s section .., hen interpreting the power granted by that Article.
[AIR 1970 SC 1118]. l'be orders mentioned in this sect ion are not orders of
the kind contem plated io S. 5 of the Citizens hip Act . lAIR 1!:167 SC l07j.
The power to a lter the date of poll in exercise of the power s under this sec
tion is valid . [AI R 1~74 SC 1218. Se~ a lso AIR 1976 SC 714 ; also AIR
1976 Delhi 168].
24. Making of rules or bye·laws and issuing of orders, between passin g
and commencement of enactments . Where, by aoy Act, which is not to come
into oper ation on t he passi ng thereof , a power is conferred to 1t1 ake rules O\'
bye-law s, or to i sue orders with re1=pect to the application of the Act 011 with
respect to the e:.tablisbment of a ny Court or office or the appointment of any
Judge or officer ther eu nder, or with respect to the person by whom, or the
time when, or the place where or the manner io which, or the fees for which,
anything is to b ~ done under the Act, then that power may be exercised at
any tim e a fter t he pl'>sing tl'e reof but rules, bye-laws or order s so made or
issued sha ll not tate effect till the commencement of the Act.
Provisions as to orders, rules, etc. made under enactments - Sections 25-28
25. Ptol'isions applicab le to making of rules or bye-laws after pre ~ ious
publication . Where, by uoy Act, a power to make rul es or bye-laws is
expressed to be give n sub ject to the condition of the rules or bye-laws bein g
made after prevJ OUl> publ ication, then the following provi sions apply,
namely:
(I) the a uthorit y haviog power to make the rule s or bye-laws shall,
uefor c making them publi sh a draft of the proposed rules or bye
la wl> for the Information of persons likely to be affected thereby;
{2) the public a1 ion shall be maue in such m anner as tbat authority
dee ms Lo be suff,cient, or, if the condition with respect to pre
" ious publication so requires, in such manner as tbe Government
concerned pre cribes ;
(3) there sha ll be published with the draft a notice specifying a date
on or after which the dl'aft will be taken into consideration ;
(4) the auth ority ha ving powe r to make the rule s or bye-laws, and,
whe re the rule s Ol' bye-laws are to be made with the sanction,
appr ova l or concurr ence of another authority, that author ity also
sua ll coo sid!!r any obJeCtion or suggenion which may be received
by tbe authority having powell to make tbe rules 011 bye-laws
trom any person with respect to the draft betore the date so
specified;
1«>0 North-Eavtern Region Local Acts & Rules {S. 26
(5) the publicatiou io the official Oazatte of a rule or bye-law
purporting to have been made in exercise of a po"' er to make
rules or bye-law s after previous publication shall be conclusive
proof that the rule or bye-law ha~ been duly made .
16. Continuation of orders etc . , issued under enactments repealed and
re-enacted. Where any enactment is repeal ed and re-enacted with or without
modification, then unless it is othel'wise expre ssly provided, any appointment
notification, order, scheme, rule, form, or bye-law, made or issued under the
repealed enactm ent, 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 provi sion s so re-enacted, unless and until it is superseded by any
appointment, notifi cation, order, scheme, rule, form, bye-law made or issued
under the provisions so re-en acted
NOTES
Section 26 This section deals with the continuance of orders, schemes,
r-ules, forms or bye-laws made or issued under the repealed Act . (AIR 1959
SC 648 ; AlR 1960 SC 794).
(This sect ion is similar to S. 24 of the Central Act).
Provisions as to Orders, Rules, etc made onder enactments-Miscellaneous
Sections 27-31
1.7. Publication of orders and notifications in the official Gazette. Where
in any enactment or in any rule made unc'er any enactment, it is directed
that any order, notification or othe.l' matter shall be notified or published,
such notific ation or publ icat ion sha ll, unless the enactment otherwise
provides, be deemed to be duly made if it is published in the Official
Ouatte.
M iscellaaeous
28. Recovery of fines. Sections 63 to 70 of the Indian Penal Code aod
the provision s ot the \...Ode of Criminal Procedure for the time being io force
in relation to the issue and the e.\ecution of warrants fot' the levy of fines
shall apply to all fines imposed under any Act, or any rule or bye-laws made
under any Act , unle ss the Act, rule Ol' bye-law contains an express provision
to the contrary.
1.9. Provision as to offenc:es punishable under two or more enactment..
Where an act or omissivn constitutes an offence undet' two or more enact
ments, the offender shall be liable to be prosecuted and punished under eithet'
or any of those enactments, but shall not be ltable to be punished twice for
the same offe[l()e.
NOTES
Section 29. This section is no bat' to trial 011 conviction but bar to
dutllicate puni shment. (AlR 1969 SC 701). If applied only when both
complaints rel ate to same offence. (AIR 1961 SC 578).
(This se.:;tion is similar to S l6 of the Central Act).
30. Meaning of "senk:e by post". Where any Act authorises or
requires any document to be served by post, whether the ex pres., ion "give"
or .. send' or any other expres sion is used, then, unless a different intention
appeal'S, the service shall be deemed to be effected by propel'ly addressing,
prepaying and postina by registered post, a letter containina the document,
s 3 11 Auam General Clauses Act, 1? 15 POl
and unle .)s th~: con tra ry is proved, to hive been effected at the time at which
the lctt l.! r w .> ull o ~ delive red in the ord10.1ry course of post .
NOTES
S ection 30. Where a not ice sen t by register td post was rece ived back
with an endo rsement "refused" presumption of such a notice can als o be
m ade un•ler t his section . lAlR 1976 All .:> 15 ; AlK 1970 All. 446 reli ed
upon ). N\)tice unde r certificate or posting a lso sufficient. (AI R 1976 Cal.
478).
(Th is sec tion ts similar to S. 27 of th e Central Act) .
31. Citatio n of enactments . ( 1) In <~ny Act and in any rule, bye-law,
inst ru ment or document, made und er, or with refe rc:nce to, any such Act, any
enactm ent m.1y lle cited by reference lo the title or short tExcerpt shown. Open the full act in Lexace.