The KARNATAKA GENERAL CLAUSES ACT, 1899

1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
1
THE KARNATAKA GENERAL CLAUSES ACT, 1899 
ARRANGEMENT OF SECTIONS 
Statement of Objects and Reasons 
Sections : 
PRELIMINARY 
 1. Short title commencement and extent. 
 2. Omitted. 
GENERAL DEFINITIONS 
 3. Definitions. 
 4. Application of foregoing definitions to previous enactments. 
 4A. Definition of the expressions 'State' and 'State of Mysore' in certain 
enactments. 
 4B. Definition of the expressions 'State' and 'State of Karnataka' in certain 
enactments. 
GENERAL RULES OF CONSTRUCTION 
 5. Coming into operation of enactments. 
 6. Effect of repeal. 
 6A. Repeal of Act making textual amendment in an Act. 
 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 Revival of repealed enactments. 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 Construction of references to repealed enactments. 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 distances. 
 12. Duty to be taken pro rata in enactments. 
 13. Gender and number. 
POWERS AND FUNCTIONARIES 
 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 chief and sub-ordinates. 
 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 2
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS 
 20. Construction of orders, etc., issued under enactments. 
 21. Power to make 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 Continuation of orders, etc., i ssued under enactments repealed or re-
enacted. 
MISCELLANEOUS 
 25. Recovery of fines. 
 26. Provision as to offences punishable under two or more enactments. 
 27. Meaning of service by post. 
 28. Citation of enactments. 
 29. Saving for previous enactments, rules and bye-laws. 
 30. Publication of orders and notification in the official Gazette. 
 31. Determination of the times at which Ac ts or provisions of Acts extended or 
applied by Government to certain places shall come into force. 
 31A. Construction of references to certain laws. 
 32. Application of Acts to Ordinances. 
* * * * 
STATEMENT OF OBJECTS AND REASONS 
I 
Amending Act 9 of 1985.- As there is basically no difference between the 
repeal of a provision of law or the omission or deletion of such provision, during all 
these years, in all laws expression repeal  or omit or delete were being used to 
repeal a provision of law. 
The Karnataka High Court has, however, re cently taken the view in R. Abdul 
Azeez Vs. Commissioner of Income-tax, Karnataka, reported in (1981) 128 ITR 547 
that the expression repeal is different from  the expression omit or delete. This has 
led to an anomalous situation which may result in some unintended consequences. 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
3
In order to resolve the said anomaly, it is proposed to specifically include 
omission and deletion within the ambit of repeal. Opportunity is taken to make a few 
other formal amendments.  
Hence the Bill. 
II 
Amending Act 13 of 2003.-  It is considered necessary to prepare upto date 
Codal Volumes of the Karnataka Acts  and to repeal all the spent Acts and 
amendment Acts from time to time. 
 The Government constituted One-m an Committee for the above purpose.  The 
Committee has reviewed the Karnataka Acts for the period from 1.11.1956 to 
31.12.2000 and has proposed the "Repealing and Amending Bill, 2002" which 
seeks to repeal the following types of Acts,- 
 (i) Acts which amended the Karnataka Acts  whether they are now in force or 
not; 
 (ii) Acts which amended regional Acts which are no longer in force; 
 (iii) Appropriation Acts as they are spent Acts; 
 (iv) Acts which have been struck down or by necessary implication struck 
down by the Courts; 
 (v) Acts which are by implic ation repealed by Central Acts; 
 (vi) Acts which are tem porary and spent enactments; and  
 (vii) Acts which amend the Central Acts  and regional Acts which are in force. 
 The Bill does not include Acts which are already repealed expressly. 
 This Bill also seeks to amend certai n Acts which are considered necessary. 
 Hence the Bill. 
 [L.C. BILL No. 4 OF 2002] 
 [Various entries of List II and III of the Seventh Schedule] 
 
* * * * 
 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 4
1[KARNATAKA]1 ACT No. III OF 1899 
THE 1[KARNATAKA]1 GENERAL CLAUSES ACT, 1899 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(Passed on the 3rd day of July 1899) 
(As amended by Act XII of 1930, VII of 1949, X of 1950, 12 of 1953, 
Adaptations of Laws Orders 1956 and 1973, 9 of 1985 and 13 of 2003) 
An Act for further shortening the language used in 1[Mysore Acts  
and Karnataka Acts]1 and for other purposes. 
WHEREAS it is expedient further to shorten the language used in 1[Mysore 
Acts and Karnataka Acts] 1, and to make certain other provisions relating to 
those enactments, Her Highness the Maharani-Regent is pleased to enact 
as follows:- 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
PRELIMINARY 
1. Short title 1[commencement and extent] 1.- 2[(1) This Act may be 
called the 3[Karnataka]3 General Clauses Act, 1899.]2 
(2) It shall come into force at once. 
1[(3) It extends to the whole of the State of Karnataka.]1 
1. Substituted by Act 13 of 2003 w.e.f. 1.11.1956. 
2. Substituted by Act X  of 1950. 
3. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
1[2. x x x]1 
1. Section 2 and Schedule Omitted by Act 12 of 1953. 
GENERAL DEFINITIONS 
3. Definitions.-  In this Act, and in all 1[Mysore Acts and Karnataka 
Acts]1 made after the commencement of this Act, unless there is anything 
repugnant in the subject or context,- 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(1) "abet," with its grammatical variations and cognate expressions, shall 
have the same meaning as in the Indian Penal Code; 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
5
(2) "act," used with reference to an offence or a civil wrong, shall include 
a series of acts and words which refer to acts done extend also to illegal 
omissions; 
(3) "affidavit" shall include affirmation and declaration in the case of 
persons by law allowed to affirm or declare instead of swearing; 
(4) "barrister" shall mean a barrister of England, or Ireland, or a member 
of the Faculty of Advocates in Scotland; 
1[(5)  "British India" shall mean, as respects the period before the 
commencement of Part III of the Government of India Act, 1935, 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 the Governor or Officer sub-ordinate to the Governor-General of 
India, and as respects any period after that date and before the date of the 
establishment of the Dominion of India means all territories for the time 
being comprised within the Governors' Provinces and the Chief 
Commissioner' Provinces;]
1 
1. Substituted by Act 12 of 1953. 
2[(5a)  "Central Act" shall means an Act of Parliament, and shall include,- 
2. Inserted by Act 12 of 1953. 
 (a)  an Act of the Dominion Legislature or of the Indian Legislature 
passed before commencement of the Constitution, and 
 (b)  an Act made before such commencement by the Governor-
General in Council or the Governor- General acting in a legislative capacity. 
(5b) "Central Government" shall,- 
 (a)  in relation to anything done before the commencement of the 
Constitution, means 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 (ii) in relation to the administration of a Chief Commissioner's Province, 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 6
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  
 (b)  in relation to anything done or to be done after the 
commencement of the Constitution, means the President; and shall include 
(i) 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; 
1[(ii) in relation 
to the administration of a Part C State before the commencement of the 
Constitution (Seventh Amendment) Act, 1956]
1 the Chief Commissioner or 
the Lieutenant-Governor or the Government of a neighbouring State or other 
authority acting within the scope of the authority given to him or it under 
article 239 or article 243 of the Constitution, as the case may be 1[and (iii) 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;]1]1 
1. Adapted by the Mysore Adaptations of Laws Order, 1956 w.e.f. 1.11.1956. 
(6) "Chapter" shall mean a Chapter of the Act in which the word occurs; 
1[(7)  "Chief Controlling Revenue Authority" or "Chief Revenue Authority" 
shall mean such authority as the State Government may, by notification in 
the official Gazette, appoint;]1 
1. Substituted by Act 12 of 1953. 
1[(7a)  "City of Bangalore" shall mean such local area as is declared from 
time to time to be the City of Bangalore under any Act for the time being in 
force relating to the Municipal affairs of such City;]1 
1. Inserted by Act 12 of 1953. 
(8) "Commencement," used with reference to an Act, shall mean the day 
on which the Act comes into force; 
1[(8a)  "Constitution" shall mean the Constitution of India; 
(8b) "Consular Officer" shall include Consul-general, consul, vice-consul, 
consular agent, pro-consul and any person for the time being authorised to 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
7
perform the duties of consul-general, consul, vice-consul or consular 
agent;]1 
1. Inserted by Act 12 of 1953. 
(9) "Deputy Commissioner" shall mean the chief officer in charge of the 
revenue-administration of a district; 
(10) "District Judge" shall mean the Judge of a principal Civil Court of 
original jurisdiction 3[but shall not include the High Court in the exercise of 
original civil jurisdiction;]1 
1. Inserted by Act 12 of 1953. 
1[(10A)  "Divisional Commissioner" shall mean the Divisional 
Commissioner of a Division appointed under the 2[Karnataka Land Revenue 
Act, 1964]2;]1 
1. Adapted by the Mysore Adaptations of Laws Order, 1956 w.e.f. 1.11.1956. 
2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(11) "Document" shall include any matter written, expressed or described 
upon any substance by means of letters, figures or makes, or by more than 
one of those means, which is intended to be used, or which may be used, 
for the purpose of recording that matter; 
(12) "Enactment" shall include,- 
 (a)  a 1[Mysore Act]1, 
1. Substituted by Act 12 of 1953. 
 1[(a1) a Karnataka Act,]1 
1. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973. 
 (b)  an Act of the Governor-General of India in Council or of a Local 
Legislature in India, introduced as law into 1[Mysore Area]1, 
1. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973. 
 (c)  a body of Rules (other than rules made in exercise of a power 
conferred by any Act or by any such Act as aforesaid) prescribed as law in 
1[Mysore Area]1, and 
1. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973. 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 8
 1[(c1)  a Bombay Act as defined in clause (5) of section 3 of the 
Bombay General Clauses Act, 1904 (Bombay Act I of 1904); 
 (c2)  a Coorg Act or Regulation as in force in the Coorg District; 
 (c3)  a Hyderabad law as defined in clause (1a) of section 2 of the 
General Clauses Act, 1308 F (Hyderabad Act III of 1308 Fasli); 
 (c4)  a Madras Act as defined in clause (17a) of section 3 of the 
Madras General Clauses Act, 1891 (Madras Act I of 1891); and]1 
1. Adapted by the Mysore Adaptation of Laws Order, 1956  w.e.f. 1.11.1956. 
 (d)  any provision contained in 1[any 2[Mysore Act or Karnataka Act]2]1 
or in any such Act or body of Rules as aforesaid 3[or in any Bombay Act, 
Coorg Act, Hyderabad Law or Madras Act]3; 
1. Substituted by Act 12 of 1953. 
2. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973. 
3. Adapted by the Mysore Adaptation of Laws Order, 1956  w.e.f. 1.11.1956. 
(13) "Father," in the case of any one whose personal law permits 
adoption, shall include an adoptive father; 
1[(13A)  "financial year" or "official year" shall mean the year commencing 
on the first day of April: 
Provided that in respect of the financial or official year of 1949-50, 
"financial Year" or "Official year" shall mean the period commencing on the 
first day of July, 1949, and ending with the thirty-first day of March, 1950;]1 
1. Inserted by Act X of 1950. 
(14) " 1[revenue year]1" shall mean the year commencing on the first day of 
July; 
1. The words "revenue year" substituted for certain words by Act X of 1950. 
(15) a thing shall be deemed to be done in "good faith" where it is in fact 
done honestly, whether it is done negligently or not; 
1[(16) "Government or "the Government" shall,- 
 (a) in relation to anything done before the commencement of the 
Constitution, means the authority or person authorised at the relevant date 
to administer executive Government in Mysore; 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
9
 (b)  in relation to anything done or to be done after the 
commencement of the Constitution, include both the Central Government 
and the State Government;]1 
1. Substituted by Act 12 of 1953. 
1[(16a) "Government securities" shall means securities of the Central 
Government or of any State Government, but in any Mysore Act made 
before the commencement of the Constitution shall not include securities of 
the Government of any State other than the State of Mysore; 
(16b) "High Court" used with references to civil proceeding shall mean the 
highest civil court of appeal (not including the Supreme Court) in the 2[State 
of Karnataka]2;]1 
1. Inserted by Act 12 of 1953. 
2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(17) "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; 
(18) "Imprisonment" shall mean imprisonment of either description as 
defined in the Indian Penal Code; 
1[(18a) "India" shall mean,- 
 (a)  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; 
 (b) 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 
 (c) as respects any period after the commencement of the 
Constitution, all territories for the time being comprised in the territory of 
India;]1 
1. Inserted by Act 12 of 1953. 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 10
(19) "Judicial proceeding" shall mean any proceeding in the course of 
which evidence is, or may be, legally taken; 
1[(19a) "Karnataka Act" shall mean an Act of the Legislature of the State of 
Karnataka passed under the Constitution after 1st November, 1973 and 
shall include,- 
 (i)  an Act of the Legislature of the State of Mysore passed under the 
Constitution after 1st November 1956; 
 (ii)  the Karnataka General Clauses Act, 1899 (Karnataka Act III of 
1899); 
 (iii)  the Karnataka High Court Act, 1884 (Karnataka Act I of 1884); 
(19b)  "Karnataka" shall mean all the territories for the time being 
comprised in the State of Karnataka;]1 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(20) "Local authority" shall mean a municipal committee, district board, 
1[body of  port commissioners] 1 or other authority legally entitled to, or 
entrusted by the Government with, the control or management of a 
municipal or local fund; 
1. Adapted by the Mysore Adaptations of Laws Order, 1956  w.e.f. 1.11.1956. 
(21) "Magistrate" shall include every person exercising all or any or the 
powers or a Magistrate under the Code of Criminal Procedure for the time 
being in force; 
(22) "month" shall mean a month reckoned according to the British 
Calender; 
(23) "moveable property" shall means property of every description, 
except immoveable property; 
(24) "Mysore" shall mean  3[2[all the territories] 2 for the time being 
comprised in the 1[State of Mysore before 1st November, 1973;]1]3 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
2. Adapted by the Mysore Adaptations of Laws Order, 1956  w.e.f. 1.11.1956. 
3. Substituted by Act 12 of 1953. 
 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
11
2[(24a)  "Mysore Act" shall mean 1[x x x]1,- 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
2. Adapted by the Mysore Adaptations of Laws Order, 1956  w.e.f. 1.11.1956. 
 (a)  an Act of the Legislature of the State of Mysore passed under the 
Constitution before the commencement of the Constitution (Seventh 
Amendment) Act, 1956; 
 (b)  an Act of the Legislature of the State of Mysore passed before 
the commencement of the Constitution; and 
 (c)  an Act made before the commencement of the Constitution by 
the Maharaja of Mysore 1[but does not include the Karnataka General 
Clauses Act, 1899 (Karnataka Act III of 1899) and the Karnataka High Court 
Act, 1884 (Karnataka Act I of 1884)]1]2; 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
1[(24b)  "notification" means a notification published in the official 
Gazette;]1 
1. Inserted by Act 9 of 1985 w.e.f. 1.11.1956. 
(25) "oath" shall include affirmation and declaration in the case of persons 
by law allowed to affirm or declare instead of swearing; 
(26) "offence" shall mean any act or omission made punishable by any 
law for the time being in force; 
2[(26a)  "official Gazette" or "Gazette" shall mean the 1[Karnataka 
Gazette]1;]2 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
2. Inserted by Act 12 of 1953. 
(27) " part" shall mean a part of the Act in which the word occur; 
2[(27a)  "Part A State" shall mean a State for the time being specified in 
Part A of the First Schedule to the Constitution, 1[as in force before the 
commencement of the Constitution (Seventh Amendment) Act, 1956] 1 "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 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 12
in Part C of that Schedule or a territory for the time being administered by 
the President under the provisions of Article 243 of the Constitution;]2 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
2. Inserted by Act 12 of 1953. 
(28) "person" shall include any company or association or body of 
individuals, whether incorporated or not; 
(29) "place" shall include also a house, building, tent and vessel; 
2[(29a) "prescribed" means prescribed by rules made under the Act in 
which the word occurs;]2 
2. Inserted by Act 9 of 1985 w.e.f. 1.11.1956. 
(30) "public" shall include any class of the public or any community; 
(31) "public nuisance" shall mean a public nuisance as defined in the 
Indian Penal Code; 
1[(32)  "registered" used with reference to a document shall,- 
1. Substituted by Act 12 of 1953. 
 (a)  as respect any period before the first day of April 1951, mean 
registered under the law for the time being in force in Mysore for the 
registration of documents; 
 (b)  as respects any period from the first day of April 1951, mean 
registered in 1[India]1 under the law for the time being in force for the 
registration of documents;]4 
1. Adapted by the Mysore Adaptations of Laws Order, 1956  w.e.f. 1.11.1956. 
1[(32a)  "repeal" shall include deletion and omission;]1 
1. Inserted by Act 9 of 1985 w.e.f. 1.11.1956.   
1[(33)  x x x]1 
1. Clause 33 omitted by Act 12 of 1953. 
(34) "rule" shall mean a rule made in exercise of power conferred by any 
enactment 1[and shall include a regulation made as a rule under any 
enactment;]1 
1. Added by Act 12 of 1953. 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
13
(35) "schedule" shall mean a schedule to the Act in which the word 
occurs; 
(36) "section" shall mean a section of the Act in which the word occurs; 
(37) "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 variations and cognate expressions; 
(38) "son" in case of any one whose personal law permits adoption, shall 
include an adopted son; 
5[1[(38a)  "State",- 
 (a)  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 
 (b)  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;]1 
1. Adapted by the Mysore Adaptations of Laws Order, 1956  w.e.f. 1.11.1956. 
5. Inserted by Act 12 of 1953. 
(38b)  "State Act" shall mean an Act passed by the Legislature of a State 
established or continued by the Constitution; 
1[(38c)  "State Government",- 
 (a)  as respect anything done after the commencement of the 
Constitution and before the commencement of the Constitution (Seventh 
Amendment) Act, 1956, shall mean the Rajpramukh of the State of Mysore; 
and 
 (b)  as respect anything done  1[x x x] 1 after the commencement of 
the Constitution (Seventh Amendment) Act, 1956, 1[and before 1st 
November, 1973]1 shall mean the Governor of the State of Mysore;]1 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
 1[(c)  as respect anything done or to be done after 1st November, 
1973 shall mean the Governor of the State of Karnataka;]1]5 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 14
(39) "sub-section" shall mean a sub-section of the section in which the 
word occurs; 
(40) "swear" with its grammatical variations and cognate expression, shall 
include affirming and declaring in the case of persons by law allowed to 
affirm or declare instead of swearing; 
1[(40a)  "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 India but not specified in that Schedule; 
(40b)  "vessel" shall include any ship or boat or any other description of 
vessel used in navigation;]1 
1. Adapted by the Mysore Adaptations of Laws Order, 1956 w.e.f. 1.11.1956. 
(41) "will" shall include a codicil and every writing making a voluntary 
posthumous disposition of property; 
(42) Expressions referring to "writing" shall be construed as including 
reference to printing, lithography, photography and other modes of 
representing or reproducing words in a visible form; 
(43) "year" shall mean a year reckoned according to the British calendar; 
2[(44) "1[Belguam Area]1" means the territory specified in clause (b) of sub-
section (1) of section 7 of the States Reorganisation Act, 1956 (Central Act 
37 of 1956); 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
2. Adapted by the Mysore Adaptations of Laws Order, 1956 w.e.f. 1.11.1956. 
(45) "Coorg District" means the territory declared as such in sub-section 
(2) of section 7 of the States Reorganisation Act, 1956 (Central Act 37 of 
1956); 
(46) " 1[Gulburga Area]1" means the territory specified in clause (c) of sub-
section (1) of section 7 of the States Reoganisation Act, 1956 (Central Act 
37 of 1956); 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
15
(47) " 1[Mangalore and Kollegala Area] 1" means the territory specified in 
clause (d) of sub-section (1) of section 7 of the States Reoganisation Act, 
1956 (Central Act 37 of 1956); 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(48) "Mysore Area" means the territory specified in clause (a) of sub-
section (1) of section 7 of the States Reoganisation Act, 1956 (Central Act 
37 of 1956);]
2 
  4. Application for foregoing definitions to previous enactments.-  
The definitions in section 3 of the following words and expressions, that is to 
say, "affidavit," "barrister," "British India," 1[High Court] 1 "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 enactments made after the third day of January 1868. 
1. The words "High Court" were substituted for the words "Chief Court" by Act XII of 1930. 
1[4A.  Definition of the expressions 'State' and 'State of Mysore' in 
certain enactments.- With effect from the first day of November 1956 2[and 
upto 1st day of November, 1973] 2, in every enactment as defined in clause 
(12) of section 3, the expression 'State' and 'State of Mysore' (where those 
expressions refer to the territory or area), shall, unless the context otherwise 
requires, mean all the territories for the time being comprised in the State of 
Mysore.]1 
1. Adapted by the Mysore Adaptations of Laws Order, 1956 w.e.f. 1.11.1956. 
2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
1[4B.  Definition of the expressions 'State' and 'State of Karnataka' in 
certain enactments.- With effect from the first day of November 1973, in 
every enactment as defined in clause (12) of section 3, the expressions  
'State' and 'State of Karnataka' where they refer to the territory or area, 
shall, unless the context otherwise requires, mean all the territories for the 
time being comprised in the State of Karnataka.]
1 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 16
GENERAL RULES OF CONSTRUCTION 
5. Coming into operation of enactment.-  2[(1) 1[ Where any Mysore 
Act or Karnataka Act] 1  is not expressed to come into operation on a 
particular day, then, 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
2. Substituted by Act 12 of 1953. 
 (i)  in case of a Mysore Act made before the commencement of the 
Constitution, it shall be deemed to have come into operation on the day on 
which it received the assent of the Maharaja; 
 (ii)  in the case of a Mysore Act made after the commencement of the 
Constitution and before the commencement of the Mysore General Clauses 
(Amendment) Act, 1953, it shall be deemed to have come into operation on 
the day in which it received the assent of the Rajpramukh or the President, 
as the case may require; 
 (iii)  in the case of the Mysore Act made after the commencement of 
the Mysore General Clauses (Amendment) Act, 1953, 1[and before the 
commencement of the Constitution (Seventh Amendment) Act, 1956 shall 
be deemed to have come into operation] 1 on the date on which the assent 
thereto of the Rajpramukh or the President, as the case may require, is first 
published in the official Gazette.]2 
1. Adapted by the Mysore Adaptation of Laws Order, 1956  w.e.f. 1.11.1956. 
 1 [(iv) 2[in the case of a Karnataka Act]2, it shall come into operation on 
the day on which the assent thereto of the Governor or the President, as the 
case may require, is first published in the official Gazette.]
1 
1. Adapted by the Mysore Adaptation of Laws Order, 1956  w.e.f. 1.11.1956. 
2. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973. 
(2) Unless the contrary is expressed, an Act shall be construed as 
coming into operation immediately on the expiration of the day preceding its 
commencement. 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
17
2[(3)  In every Act referred to in clause (iii) 1[or clause (iv)]1 of sub-section 
(1), the date of publication in the official Gazette shall be printed either 
above or below the title of the Act and shall form part of the Act.]2 
1. Adapted by the Mysore Adaptation of Laws Order, 1956  w.e.f. 1.11.1956. 
2. Added by Act 12 of 1953. 
6. Effect of repeal.-  Where this Act or 1[any Mysore Act or Karnataka 
Act]1  made after the commencement of this Act repeals any enactment 
hitherto made or hereafter to be made, then, unless a different intention 
appears, the repeal shall not,- 
1. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973. 
(a) revive anything not in force or existing at the time at which the repel 
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 liability acquired, accrued or 
incurred under any enactment so repealed; or 
(d) affect any penalty, forfeiture or punishment incurred in respect of any 
offence committed against any enactments so repealed; or 
(e) affect any investigation, legal proceeding or remedy in respect of any 
such, right, privilege, obligation, liability, penalty, forfeiture or punishment as 
aforesaid; and any such investigation, legal proceeding or remedy 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. 
1[6A.  Repeal of Act making textual amendment in an Act.-  Where 
2[any Mysore Act or Karnataka Act] 2 made after the commencement of this 
Act repeals any enactment by which the text of any Act  was amended by 
the express omission, insertion or substitution of any matter, then, unless a 
different intention appears, the repeal shall not affect the continuance of any 
such amendment made by the enactment so repealed and in operation at 
the time of such repeal.]
1 
1. Inserted by Act 12 of 1953 
2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 18
7. Revival of repealed enactments.-  (1) In 2[any Mysore Act or 
Karnataka Act] 2 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. 
2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(2) This section applies also to all enactments made after the third day of 
January 1868. 
8. Construction of references to repealed enactments.- Where this 
Act, or 1[any Mysore Act or Karnataka Act] 1 made after the commencement 
of this Act, repeals or re-enacts, with or without modification, any provision 
of a former enactment, then references in any other enactment or in any 
instrument to the provision so repealed, shall, unless a different intention 
appears, be construed as references to the provisions so re-enacted. 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
9. Commencement and termination of time.-  (1) In 1[any Mysore Act 
or Karnataka Act] 1 made after the commencement of this Act, it shall be 
sufficient, for the purpose of excluding the first in a series of days or any 
other period of time, to use the word "from", and, for the purpose of including 
the last in a series of days or any other period of time, to use the word "to". 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(2) This section applies also to all enactments made after the third day of 
January 1868. 
10. Computation of time.-  Where, by 1[any Mysore Act or Karnataka 
Act]1 made after the commencement of this Act, any act or proceeding is 
directed or allowed to be done or taken in any court or office on a certain 
day or within a prescribed period, then, if the court or office is closed on that 
day or the last day of the prescribed period, the act or proceeding shall be 
considered as done or taken in due time if it is done or taken on the next 
day afterwards on which the court or office is open: 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
19
Provided that nothing in this section shall apply to any act or proceeding 
to which the 1[Indian Limitation Act, 1908]1 applies. 
1. Substituted by Act 12 of 1953. 
11. Measurement of distances.-  In the measurement of any distance, 
for the purposes of 1[any Mysore Act or Karnataka Act] 1 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. 
1. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973. 
12. Duty to be taken prorata in enactments.- Where, by any 
enactment now in force or hereafter to be in force, any duty of customs or 
excise, or in the nature thereof, is leviable on any given quantity, by weight, 
measure or value of any goods or merchandise, then a like duty is leviable 
according to the same rate on any greater or less quantity. 
13. Gender and number.-  In all enactments, unless there is anything re-
pugnant in the subject or context,- 
(1) words importing the masculine gender shall be taken to include 
females; and 
(2) words in the singular shall include the plural, and vice versa. 
POWERS AND FUNCTIONARIES 
14. Powers conferred to be exercisable from time to time.-  Where, by 
1[any Mysore Act or Karnataka Act] 1 made after the commencement of this 
Act, any power is conferred 2[x x x]2 then that power may be exercised from 
time to time as occasion requires. 
1. Adapted by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1.11.1973. 
2. The words "on the Government" omitted by Act 12 of 1953. 
15. Power to appoint to include power to appoint  ex-officio.- Where, 
by any enactment, 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. 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 20
16. Power to appoint to include power to suspend or dismiss.-  
Where, by any enactment, a power to make any appointment is conferred, 
then, unless a different intention appears, the authority having 1[for the time 
being]1 power to make the appointment shall also have power to suspend or 
dismiss any 2[person appointed whether by itself or any other authority] 2 in 
exercise of that power. 
1.  Inserted by Acy 12 of 1953. 
2. Substituted by Act 12 of 1953. 
17. Substitution of functionaries.-  (1) In 1[any Mysore Act or Karnataka 
Act]1  made after the commencement of this Act, it shall be sufficient, for the 
purpose of indicating the application of a law to every person or number of 
persons for the time being executing the functions of an office, to mention 
the official title of the officer at present executing the functions, or that of the 
officer by whom the functions are commonly executed. 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(2) This section applies also to all enactments made after the third day of 
January 1868. 
18. Successors.- (1) In 1[any Mysore Act or Karnataka Act] 1 made after 
the commencement of this Act, it shall be sufficient, for the purpose of 
indicating the relation of a law to the successors of any functionaries or of 
corporations having perpetual succession to express its relation to the 
functionaries or corporations. 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
(2) This section applies also to all enactments made after the third day of 
January 1868. 
19. Official chief and sub-ordinates.-  (1) In 1[any Mysore Act or 
Karnataka Act] 1 made after the commencement of this Act, it shall be 
sufficient, for the purpose of expressing that a law relative to the chief or 
superior of an office shall apply to the deputies or sub-ordinates lawfully 
performing the duties of that office in the place of their superior, to prescribe 
the duty of the superior. 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
21
(2) This section applies also to all enactments made after the third day of 
January 1868. 
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS 
20. Construction of orders, etc., issued under enactments.- Where, 
by any enactment, a power to issue any 1[notification]1, order, scheme, rule, 
form or bye-law is conferred, then expressions used in the 1[notification]1, 
order, scheme, rule, form or bye-law, if it is made after the commencement 
of this Act, shall, unless there is anything repugnant in the subject or 
context, have the same respective meanings as in the enactment conferring 
the power. 
1.  Inserted by Acy 12 of 1953. 
21. Power to make to include power to add to, amend, vary or 
rescind notifications, order, rules or bye-laws.-  Where, by any 
enactment, a power to 2[issue]2 1[notifications]1, 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 
1[notification]1, order, rules or bye-laws so 2[issued.]2 
1. Inserted by Act 12 of 1953. 
2. Substituted by Act 12 of 1953. 
22. Making of rules or bye-laws and issuing of orders between 
passing and commencement of enactment.- Where, by any enactment 
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 enactment, 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 
enactment, then that power may be exercised at any time after the passing 
of the enactment; but rules bye-laws or orders so made or issued shall not 
take effect till the commencement of the enactment. 
23. Provisions applicable to making of rules or bye-laws after 
previous publication,.- Where, by any enactment, a power to make rules 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 22
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:- 
(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-law for the 
information of persons likely to be affected thereby; 
(2) 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 prescribes; 
(3) there shall be published with the draft a notice 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 which my 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 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 order, etc., issued under enactments repealed 
and re- enacted.-  Where, any enactment is, after the commencement of 
this Act, repeal and re-enacted with or without modification, then, unless it is 
otherwise expressly provided, any 1[appointment, notification,] 1 order, 
scheme, rule, form or bye-law, 1[made or] 1 issued under the repealed 
enactment, shall, so far as it is not inconsistent with the provisions re-
enacted, continue in force and be deemed to have been 
1[made or]1 issued 
under the provisions so re-enacted unless and until it is superseded by any 
1[appointment, notification,]1 order, scheme, rule, form or bye-law 1[made or]1 
issued under the provisions so re-enacted. 
1. Inserted by Act 12 of 1953. 
1899: KAR. ACT 3] The Karnataka General Clauses Act, 1899 
  
23
MISCELLANEOUS 
25. Recovery of fines.- Section 63 to 70 of the Indian Penal Code and 
the provisions of the Code of Criminal Procedure for the time being in force 
in relation to the issue and the execution of warrants for the levy of fines 
shall apply to all fines imposed under any enactment, rule or bye-law, unless 
the enactments, rule or bye-law contains an express provision to the 
contrary. 
26. Provision as to offences punishable under two or more 
enactments.- Where an act or omission constitute an offence under two or 
more enactments, then the offenders 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 1[any Mysore Act or Karnataka 
Act]1 made after the commencement of this Act authorizes or requires any 
document to be served by post, whether the expression "serve" or either of 
the expression "give" or "send" or any other expression is used, then, unless 
a different intention appears, the service shall be deemed to be effected by 
properly addressing, prepaying and posting by registered post, a letter 
containing the document, and, unless the contrary is proved, to have been 
effected at the time at which the letter would be delivered in the ordinary 
course of post. 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
28. Citation of enactments.-  (1) In any enactment, and in any rule, bye-
law, instrument or document, made under, or with reference to, any 
enactment, 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. 
(2) In this Act and in  1[any Mysore Act or Karnataka Act] 1 made after the 
commencement of this Act, a description or citation of a portion of another 
enactment shall, unless a different intention appear, be constructed as 
including the word, section or other part mentioned or referred to as forming 
 The Karnataka General Clauses Act, 1899 [1899: KAR. ACT 3 24
the beginning and as forming the end of the portion comprised in the 
description or citation. 
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 
29. Saving for previous enactments, rules and bye-laws.-  The 
provisions of this Act respecting the construction of enactments, rules, or 
bye-laws made after the commencement of this Act, shall not affect the 
construction of any enactment, rule or bye-law made before the 
commencement of this Act, although the enactment, rule or bye-law is 
contained or amended by an enactment, rule or bye-law made after the 
commencement of this Act. 
2[30.  Publication of orders and notification in the official Gazette.-  
Where in  1[any Mysore Act or Karnataka Act] 1, or in any rule made under  
1[any Mysore Act or Karnataka Act] 1, it is directed that any order, notific

Excerpt shown. Open the full act in Lexace.

‹ Prev All Karnataka acts Next ›