LexThe Himachal Pradesh General Clauses Act, 1968
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH GENERAL CLAUSES ACT, 1968.
ARRANGEMENT OF SECTIONS
Sections:
1. Preliminary.
2. General Definitions.
3. Coming into operation of enactments.
4. Effect of repeal.
5. Repeal of Act making textual amendment in Act.
6. Revival of repealed enactments.
7. Construction of references to repealed enactment s
8. Commencement and termination of time.
9. Computation of time.
10. Measurement of distances.
11. Duty to be taken pro rata in enactments.
12. Gender and number.
POWERS AND FUNCTIONARIES
13. Power conferred on the State Government to be e xercisable
from time to time.
14. Power to appoint to include power to appoint ex -officio.
15. Power to appoint to include power to suspend or dismiss.
16. Substitution of functionaries.
17. Successors.
18. Official chiefs and subordinates.
PROVISIONS AS TO ORDERS, RULES, ETC, MADE
UNDER ENACTMENTS
19. Construction of orders, etc. issued under enact ments.
20. Power to make to include power to add to, amend , vary or
rescind orders, rules, or bye-laws.
21. Making of rules or bye-laws and issuing of orde rs between
passing and commencement of enactment.
22 Provisions applicable to making of rules or bye- laws after
previous publication.
22-A. Rules to be laid before the State Legislative Assembly.
2 THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 196
23. Continuation of orders, etc. issued under enact ments repealed
and re-enacted.
MISCELLANEOUS
24. Recovery of fines.
25. Provision as to offences punishable under two o r more
enactments.
26. Meaning of service by post.
27. Citation of enactments.
27-A. Application of Act to Ordinances and Regulati ons
28. Repeal and savings.
____________
THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 1968.
(ACT NO. 16 OF 1969)
1
(Received the assent of the Vice-President acting as President on the
21 st May, 1969, and was published in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated the 25 th July, 1969, pp. 709-717).
Amended, repealed or otherwise affected by-
(i) H.P. Act No.18 of 1971 2 assented to by the Governor on 26 th
October, 1971, published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 19 th November, 1971, pp. 1425-
1428.
(ii) H.P. Act No. 5 of 1985 3, assented to by the Governor on 30 th
July,1985, published in the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 7 th August, 1985, pp.1233-1234.
An Act to shorten the language used in Himachal Pra desh Acts and to
make certain provisions for the construction of, an d other
matters relating to, such Acts.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in
the Nineteenth Year of the Republic of India as follows:-
1. Preliminary .- (1) This Act may be called the Himachal Pradesh
General Clauses Act, 1968.
(2) It shall come into force at once.
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh,
(Extra-ordinary), dated the 30 th November, 1968, p. 1174.
2. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh
(Extra-ordinary), dated the 14 th September, 1971, pp. 1205-1206.
3. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh
(Extra-ordinary), dated the 6 th July, 1985, p.1012.
THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 1968 3
2. General Definitions .- In this Act and in all Himachal Pradesh
Acts, unless there is anything repugnant in the subject or context,-
(1) “abet", with its grammatical variations and cog nate 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 c ivil wrong, shall
include a series of acts, and words which refer to acts done
extend also to illegal ommission;
(3) 1[ ** * * * * * * * * * * * * * ** * * * * * ***]
(4) “affidavit" shall include affirmation and decla ration in the case
of persons by law allowed to affirm or declare inst ead of
swearing;
(5) “barrister" shall mean a barrister of England o r Ireland or a
member of the Faculty of Advocates in Scotland;
(6) “chapter" shall mean a chapter of the Himachal Pradesh Act, in
which the word occurs;
(7) “Collector" shall mean the chief officer-in-cha rge of the
revenue-administration of a district and shall incl ude a Deputy
Commissioner;
(8) “commencement" used with reference to a Himacha l Pradesh
Act shall mean the day on which the Act comes into force;
2[(9) “Commissioner" shall mean the Divisional Comm issioner,
Himachal Pradesh;]
(10) “Constitution" shall mean the Constitution of India ;
(11) “Consular Officer" shall include consul-genera l, consul, vice-
consul, consular agent, pro-consul, and any person for the time
being authorised to perform the duties of consul-ge neral,
consul, vice-consul or consular agent;
(12) “Deputy Commissioner" shall mean the chief off icer-in- charge
of the general administration of a District;
(13) “District Judge" shall mean the Judge of a pri ncipal Civil Court
of original jurisdiction; but shall not include the High Court in
the exercise of its ordinary or extraordinary origi nal civil
jurisdiction;
(14) “document" shall include any matter written, e xpressed or
described upon any substance by means of letters, f igures or
marks or by more than one of those means which is intended to
1. The definition of "Administrator" omitted. 2 of H.P. Act No. 18 of 1971.
2. Clause (9) substituted vide H.P. Act No. 18 of 1 971.
4 THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 196
be used, or which may be used, for the purpose of r ecording
that matter;
(15) “enactment" shall include any provision contai ned in any
Himachal Pradesh Act;
(16) “father" in the case of any one whose personal law admits
adoption shall include an adoptive father;
(17) “Financial Commissioner" shall mean the Financ ial
Commissioner of Himachal Pradesh 1[* * * * * ];
(18) “financial year" shall mean the year commencin g on the first
day of April;
(19) a thing shall be deemed to be done in “good fa ith" where it is
in fact done honestly, whether it is done negligently or not;
(20) “Government" or “the Government" shall include the State
Government as well as the Central Government;
(21) “Himachal Pradesh Act" shall mean an Act made by the
Legislative Assembly of Himachal Pradesh, 2[and shall include
an Act passed by the Legislative Assembly of the Pa rt C State
of Himachal Pradesh or by the Legislative Assembly of Union
Territory of Himachal Pradesh constituted under the
Government of Union Territories Act, 1963] or an Ac t of any
other State extended to Himachal Pradesh as it exis ted
immediately before 1st November, 1966 by the Government of
India, or an Act of an erstwhile Ruler and in force in any part
of Himachal Pradesh, or a Punjab Act in force in th e areas
added to Himachal Pradesh under section 5 of the Pu njab
Re-organisation Act, 1966 (31 of 1966), by virtue of section 88
of the said Act;
(22) “immovable property" shall include land, benef its to arise out
of land, and things attached to the earth or perman ently
fastened to anything attached to the earth;
(23) “imprisonment" shall mean imprisonment of eith er description
as defined in the Indian Penal Code (45 of 1860);
(24) 3[ * * * * * * * * * * * * * * * * * * * * * * ];
(25) “local authority"shall mean a municipal commit tee, district
board, zila parishad, panchayat samiti, notified area committee,
gram panchayat, 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;
1. The words "for the time being" omitted vide H.P. Act No. 18 of 1971.
2. Inserted vide H.P. Act No. 18 of 1971.
3. Clause (24) omitted vide H.P. Act No. 18 of 1971.
THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 1968 5
(26) “Magistrate" shall include every person exerci sing all or any of
the powers of a Magistrate under the Code of Crimin al
Procedure (5 of 1898) for the time being in force;
(27) “Master", used with reference to a ship, shall mean any person
(except a pilot or harbour-master) having for the t ime being
control or charge of the ship;
(28) “month" shall mean a month reckoned according to the British
calendar;
(29) “movable property" shall mean property of ever y description
except immovable property;
(30) “notification" shall mean a notification publi shed under proper
authority in the Official Gazette;
(31) “oath" shall include affirmation and declarati on in the case of
persons by law allowed to affirm or declare instead of
swearing;
(32) “offence" shall mean any act or omission made punishable by
any law for the time being in force;
(33) “Official Gazette" shall mean the Rajpatra of Himachal
Pradesh;
(34) “part" shall mean a part of the Himachal Prad esh Act in which
the word occurs;
(35) “person" shall include any company or associat ion or body of
individuals whether incorporated or not;
(36) “public nuisance" shall mean a public nuisanc e as defined in
the Indian Penal Code (45 of 1860);
(37) “registered" used with reference to a document , shall mean
registered in a State or a Union territory 1[specified in the first
Schedule to the Constitution] under the law for the time being
in force for the registration of documents;
(38) “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;
(39) “schedule" shall mean a schedule to 2[the] Himachal Pradesh
Act in which the word occurs;
(40) 3[“scheduled district" shall mean a scheduled distri ct as defined
in the Scheduled Districts Act, 1874] (14 of 1874);
1. Inserted vide H.P. Act No. 18 of 1971.
2. Inserted by vide H.P. Act No. 18 of 1971
.
3. Substituted vide H.P. Act No. 18 of 1971 .
6 THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 196
(41) “section" shall mean a section of 1[ the] Himachal Pradesh Act
in which the word occurs;
(42) “ship" shall include every description of ves sel used in
navigation not exclusively propelled by oars;
(43) “sign", with its grammatical variations and c ognate
expressions, shall, with reference to a person who is unable to
write his name, include "mark", with its grammatical variations
and cognate expressions;
(44) “son", in the case of any one whose personal law permits
adoption, shall include an adopted son;
(45) 2[****************************************;]
(46) 3[****************************************;]
(47) “sub-section", shall mean a sub-section of the section in which
the word occurs;
(48) “swear", with its grammatical variations and c ognate
expressions, shall include affirming and declaring in the case of
persons by law allowed to affirm or declare instead of
swearing;
(49) “vessel" shall include any ship or boat or an y other description
of vessel used in navigation;
(50) “will" shall include a codicil and every writ ing making a
voluntary posthumous disposition of property;
(51) expressions referring to “writing" shall be co nstrued as
including references to printing, lithography, phot ography and
other modes of representing or reproducing words in a visible
form; and
(52) “year" shall mean a year reckoned according to the British
calendar.
4[3. Coming into operation of enactments .- Where any Himachal
Pradesh Act is not expressed to come into operation on a particular day, then
it shall come into operation on the day on which th e assent thereto of the
Governor or the President of India, as the case may require, is first published
in the Official Gazette.]
4. Effect of repeal .- Where this Act or any Himachal Pradesh Act
repeals any enactment then, unless a different inte ntion appears, the repeal
shall not-
1. Inserted vide H.P. Act No. 18 of 1971.
2. Clause (45) omitted vide H.P. Act No. 18 of 1971 .
3. Clause (46) omitted vide H.P. Act No. 18 of 1971
.
4. Substituted vide H.P. Act No. 18 of 1971 .
THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 1968 7
(a) revive anything not in force or existing at the time at which the
repeal takes effect; or
(b) affect the previous operation of any enactment so repealed or
anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liab ility acquired,
accrued or incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment in curred in respect
of any offence committed against any enactment so r epealed;
or
(e) affect any investigation, legal proceeding or r emedy in respect
of any such right, privilege, obligation, liability , penalty,
forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or rem edy may be instituted,
continued or enforced, and any such penalty, forfeiture or punishment may be
imposed as if the repealing Act had not been passed.
5. Repeal of Act making textual amendment in Act .- Where any
Himachal Pradesh Act made after the commencement of this Act repeals any
amendment by which the text of any Himachal Pradesh Act was amended by
the expression omission, insertion or substitution of any matter, then, unless a
different intention appears, the repeal shall not a ffect the continuance of any
such amendment made by the enactment so repealed an d in operation at the
time of such repeal.
6. Revival of repealed enactments .- In any Himachal Pradesh Act it
shall be necessary, for the purpose of reviving eit her wholly or partially, any
enactment wholly or partially repealed, expressly to state that purpose.
7. Construction of references to repealed enactment s .- Where this
Act or any other Himachal Pradesh Act repeals and re-enacts, with or without
modification, any provision of former a 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 refe rences to the provision so
re-enacted.
8. Commencement and termination of time .- In any Himachal
Pradesh Act, it shall be sufficient, for the purpos e 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".
9. Computation of time .- Where, by any Himachal Pradesh Act, any
act or proceeding is directed or allowed to be done or taken in any Court or
office on a certain day or within a prescribed peri od, 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 the due time if it is done or
taken on the next day afterwards on which the Court or office is open:
8 THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 196
Provided that nothing in this section shall apply t o any act or
proceeding to which the Limitation Act, 1963 (36 of 1963), applies.
10. Measurement of distances .- In the measurement of any distance,
for the purposes of any Himachal Pradesh Act, that distance shall, unless a
different intention appears, be measured in a strai ght line on a horizontal
plane.
11. Duty to be taken pro rata in enactments .- Where, by any
enactment now in force or hereafter put in force, a ny duty of customs or
excise, or in the nature thereof, is leviable on an y given quantity, by weight,
measure or value of 1[any goods or merchandise], then a like duty is lev iable
according to the same rate on any greater or less quality.
12. Gender and number .- In all Himachal Pradesh Acts, unless
there is anything repugnant in the subject or context,-
(1) words importing the masculine gender shall be t aken to include
females; and
(2) words in the singular shall include the plural and vice-versa.
POWERS AND FUNCTIONARIES
13. Powers conferred on the State Government to be exercisable
from time to time .- Where, by any Himachal Pradesh Act, any power is
conferred 2[on the State Government], then that power may be exercised from
time to time as occasion requires.
14. Power to appoint to include power to appoint ex -officio .-
Where, by any Himachal Pradesh Act, any power to appoint any person to fill
any office or execute any function is conferred, th en, unless it is otherwise
expressly provided, any such appointment may be made either by name or by
virtue of office.
15. Power to appoint to include power to suspend or dismiss .-
Where, by any Himachal Pradesh Act, a power to make any appointment is
conferred, then, unless a different intention appea rs, 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 3[***********] in exercise of that power.
16. Substitution of functionaries .- In any Himachal Pradesh Act, it
shall be sufficient for the purpose of indicating t he application of a law to
every person or number of persons for the time bein g 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 funct ions are commonly
executed.
1. Substituted for the words "any goods of merchan dise" vide. H.P. Act No. 18
of 1971.
2. Inserted vide H.P. Act No. 18 of 1971.
3. The words "by it" omitted vide H.P. Act No. 18 o f 1971.
THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 1968 9
17. Successors .- In any Himachal Pradesh Act, it shall be suffici ent,
for the purpose of indicating the relation of a law to the successors of any
functionaries or of corporations having perpetual s uccession, to express its
relation to the functionaries or corporations.
18. Official chiefs and subordinates .- In any Himachal Pradesh Act,
it shall be sufficient, for the purpose of expressi ng that law relative to the
chief or superior of an office shall apply to the d eputies or subordinates
lawfully performing the duties of that office in th e place of their superior, to
prescribe the duty of the superior.
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER
ENACTMENTS
19. Construction of orders, etc. issued under enactments .- Where,
by any Himachal Pradesh Act, a power to issue any n otification, order,
scheme, rule, form, or bye-law is conferred, then e xpressions used in the
notification, order, scheme, rule, form or bye-law, shall, unless there is
anything repugnant in the subject or context, have the same respective
meanings as in the Act conferring the power.
20. Power to make to include power to add to, amend , vary or
rescind orders, rules, or bye-laws. - Where, by any Himachal Pradesh Act, a
power to issue notifications or make orders, rules, or bye-laws is conferred,
then that power includes a power, exercisable in th e like manner and subject
to the like sanction and conditions (if any), to ad d to, amend, vary or rescind
any notifications, orders, rules, or bye-laws so issued or made.
21. Making of rules or bye-laws and issuing of orde rs between
passing and commencement of enactment .- Where, by any Himachal
Pradesh Act, which is not to come into force immedi ately 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 with respect to the establishment
of any Court or office or the appointment of any Ju dge 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, anyt hing is to be done under
the Act, then that power may be exercised at any ti me after the passing of the
Act, but rules, bye-laws or orders so made or issue d shall not take effect till
the commencement of the Act.
22. Provisions applicable to making of rules or bye -laws after
previous publication .- Where, by any Himachal Pradesh Act, a power to
make rules or bye-laws is expressed to be given sub ject to the condition of
the rules or bye-laws being made after previous publication, then, unless such
Act otherwise provides, the following provisions shall apply, namely:-
(1) 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 persons likely to b e affected
thereby;
10 THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 196
(2) the publication shall be made in such manner as that authority
deems to be sufficient, or, if the conditions with respect to
previous publication so requires, in such manner as the
Government 1[***********] prescribes;
(3) there shall be published with the draft a notic e specifying a
date on or after which the draft will be taken into
consideration;
(4) 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 wh ich may be
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;
(5) The publication in the Official Gazette of a ru le or bye-law
purporting to have been made in the exercise of a p ower to
make rules or bye-laws after previous publication s hall be
conclusive proof that the rule or bye-law has been duly made.
2[22-A. Rules to be laid before the State Legislativ e Assembly .-
(1) Every rule made under any Himachal Pradesh Act by the Government of
Himachal Pradesh on or after the commencement of th e Himachal Pradesh
General Clauses (Third Amendment) Act, 1985(5 of 19 85), shall be laid, as
soon as may be after it is made, before the State L egislative Assembly, while
it is in session, for a total period of ten days wh ich may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session in which it is so laid or the successive se ssions aforesaid, the
Legislative Assembly agrees in making any modification in the rule or agrees
that the rule should not be made, the rule shall th ereafter have effect only in
such modified form or be of no effect, as the case may be, so, however , that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.
(2) Where any Central Act, in force in or applicabl e to the State of
Himachal Pradesh and relating to the matters with r espect to which the State
Legislature has power to make laws for the State of Himachal Pradesh,
confers power on the State Government to make rules thereunder, then
subject to any express provisions to the contrary i n such Act, the provisions
of sub-section(1) shall mutatis mutandis apply to t he rules made by the State
Government in exercise of that power.]
23. Continuation of orders, etc. issued under enactments repealed
and re-enacted .- Where any Himachal Pradesh Act is repealed and r e-
enacted with or without modification, then, unless it is otherwise expressly
provided, any appointment, notification, order, sch eme, rule, form or bye-
1. The word "concerned" omitted vide H.P. Act N o.18 of 1971.
2. Sec. 22-A added vide H.P. Act No. 5 of 1985.
THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 1968 11
law, made or issued under the repealed Act, 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 provisions so re-enacted, unless and
until it is superseded by any appointment, notifica tion, order, scheme, rule,
form or bye-law made or issued under the provisions so re-enacted.
MISCELLANEOUS
24. Recovery of fines .- Sections 63 to 70 of the Indian Penal Code
(45 of 1860) and the provisions of the Code of 1[****] Criminal Procedure
for the time being in force in relation to the issu e and the execution of
warrants for the levy of fines shall apply to all f ines imposed under any Act,
rule or bye-law, unless the Act, rule or bye-law contains an express provision
to the contrary.
25. Provision as to offences punishable under two o r more
enactments .- Where an act or omission constitutes an offence under two or
more enactments, then the offender shall be laiable 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.
26. Meaning of service by post .- Where any Himachal Pradesh Act
authorises or requires any document to be served by post, whether the
expression "serve" or either of the expressions "gi ve " or "send" or any other
expression is used, then, unless a different intention appears, the service shall
be deemed to be affected by properly addressing, pr e-paying and posting by
registered post, a letter containing the document, and, unless the contrary is
proved, to have been affected at the time at which the letter would be
delivered in the ordinary course of post.
27. Citation of enactments .- (1) 2[In this Act and in any other
Himachal Pradesh Act], and in any rule, bye-law, in strument or document,
made under, or with reference to, any such Act, any enactment may be cited
by a reference to the title or short title (if any) conferred thereon or by
reference to the number and year thereof, and any provision in any enactment
may be cited, by a reference to the section or sub- section of the enactment in
which the provision is contained.
(2) In any Himachal Pradesh Act, a description or c itation of a
portion of another enactment shall, unless a differ ent intention appears, be
construed as including the word, section or other p art mentioned or referred
to as forming the beginning and as forming the end of the portion comprised
in the description or citation.
3[27-A. Application of Act to Ordinances and Regulat ions .- (1)
The provisions of this Act shall apply in relation to any Ordinance
promulgated by the Governor of Himachal Pradesh und er article 213 of the
1. The word “the” omitted vide H.P. Act No. 18 of 1 971.
2. Substituted for the words "In any Himachal Prade sh Act" vide H.P. Act No. 18
of 1971.
3. Section 27-A added vide H.P. Act No. 18 of 1971.
12 THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 196
Constitution or any Regulation made by the Governor under Paragraph 5 of
the Fifth Schedule to the Constitution, as they app ly in relation to Himachal
Pradesh Acts made by the State Legislature.
(2) The provisions of sections 4 and 5 of this Act shall apply on the
expiry, withdrawal or repeal of any Ordinance promu lgated by the Governor
of Himachal Pradesh under article 213 of the Consti tution, as if such
Ordinance had been an enactment repealed by a Himachal Pradesh Act].
28. Repeal and savings. - The Punjab General Clauses Act, 1898, as
inforce in Himachal Pradesh is hereby repealed 1[.].
2[ ************************************************].
1. Substituted for “:”vide H.P. Act No. 18 of 1971.
2. Proviso omitted vide H.P. Act No. 18 of 1971.