LexThe Maharashtra General Clauses Act.
Maharashtra · state statute
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THE MAHARASHTRA GENERAL CLAUSES ACT
[Text as on 3rd June 2024]
____________
CONTENTS
SECTIONS.
PRELIMINARY
1. Short title.
1A. Extension of application of Act to Acts, rules, etc ., made on or after the 1 st day of
November, 1956.
1B. Extension of application of Act to Acts, rules, etc., of State of Maharashtra.
2. Repeal.
GENERAL DEFINITIONS
3. Definitions.
4. Application of certain foregoing definitions to previous Bombay Acts.
GENERAL RULES OF CONSTRUCTION
5. Coming into operation of Bombay Acts or Maharashtra Acts.
6. Printing of date on which Act is published after having received the assent of the Governor,
Governor-General, or His Majesty as the case may require.
7. Effect of repeal.
7A. Repeal of any enactment making textual amendment in any Act.
8. Revival of repealed enactments.
9. Construction of references to repealed enactments.
10. Commencement and termination of time.
11. Computation of time.
12. Measurement of distance.
13. Gender and number.
POWERS AND FUNCTIONARIES
14. Powers conferred on any Government to be exercisable from time to time.
15. Power to appoint to include power to appoint ex-officio.
16. Power to appoint to include power to suspend or dismiss.
17. Substitution of functionaries.
18. Successors.
19. Official chiefs and subordinates.
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS
20. Construction of orders, etc., issued under Bombay Acts or Maharashtra Acts.
21. Power to make to include power to add to, amend, vary or rescind, orders, etc.
2 The Maharashtra General Clauses Act [1904 : I
22. Making of rules or by -laws and issuing of orders between publication and commencement
of Bombay Act or Maharashtra Act.
23. Publication of orders and notifications in the Official Gazette to be deemed to be due
publication.
24. Provisions applicable to making of rules or by-laws after previous publication.
25. Continuation of orders, etc., issued under enactments repealed and re-enacted.
MISCELLANEOUS
26. Recovery of fines.
27. Provision as to offences punishable under two or more enactments.
28. Meaning of service by post.
29. Citation of enactments.
30. Saving for previous Act, rules and by-laws.
31. Application of Act to Ordinances and Regulations.
SCHEDULE
APPENDIX
1904 : I] The Maharashtra General Clauses Act 3
LIST OF AMENDMENT ACTS
1. Amended by Bom. 4 of 1905
2. Adapted and modified by the Adaptation of Indian Laws Order in Council.
3. Amended by Bom. 17 of 19451
4. Amended by Bom. 5 of 1948
5. Adapted and modified by the Adaptation of Laws Order, 1950.
6. Amended by Bom. 28 of 1950
7. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
8. Amended by Bom. 24 of 1957
9. Amended by Bom. 8 of 1958
10. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
11. Amended by Mah. 24 of 2012 (22-08-2012)
1 This Act has been re -enacted and the amendments made by section 9 and Sch. E of the said Act have been continued in
force by Bom. 52 of 1947, s. 2.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra General Clauses Act [1904 : I
1904 : I] The Maharashtra General Clauses Act 5
ACT NO. I OF 19041
[THE MAHARASHTRA GENERAL CLAUSES ACT.]
[30th May 1904]
An Act for further shortening the language used in Bombay Acts,
and for other purposes.
WHEREAS it is expedient further to shorten the language used in Bombay Acts, and to make
certain other provisions relating to those Acts ; It is hereby enacted as follows :—
PRELIMINARY
1. Short title.— This Act may be called 2[the Maharashtra General Clauses Act.]
3[1-A. Extension of application of Act to Acts, rules, etc. , made on or after the 1 st day of
November, 1956. — The provisions of this Act which relate to Bombay Acts, Regulations and
Ordinances shall apply also in relation to Acts, Reg ulations and Ordinances of the 4State of Bombay
passed, made or promulgated on or after the 1 st day of November 1956 and such provisions of this Act
as relate to any notification, order, scheme, rule, by -law, or form shall apply also in relation to any
notification, order, scheme, rule, by -law, or form issued or made under any Act, Regulation or
Ordinance passed, made or promulgated on or after that date :
Provided that where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by -
law or form passed, made or promulgated on or after the 1 st day of November 1956 amends any Act,
Regulation, Ordinance, notification, order, scheme, rule, by -law or form passed, made or promulgated
before that date in relation to the territories transferred to the new State of Bombay under clauses (b) to
(e) of sub-section (1) of section 8 of the States Re -organization Act, 1956 (XXXVII of 1956), the law
in force of these territories in respect of the interpretation of the law so amended shall apply to the
amending law, and not the provisions hereinafter of this Act.]
5[1B. Extension of application of Act to Acts, rules, etc. , of State of Maharashtra. — The
provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in
relation to Acts, Regulations and Ordinances of the State of Maharashtra passed, made or promulgated
on or after the 1 st day of May 1960 and such provisions of this Act as relate to any notification, order,
scheme, rule, by -law or form shall apply also in relation to a ny notification, order, scheme, rule, by -
law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on
or after that date :
Provided that where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by -
law or form passed, made or promulgated on or after that date amends any Act, Regulation, Ordinance,
notification, order, scheme, rule, by -law or form passed, made or promulgated in relation to any
territory of the State of Maharashtra, not being the Bomba y area of that State, the law in force in those
territories in the interpretation of the law so amended shall apply to the amending law, and not the
provisions hereinafter of this Act.]
2. Repeal.— The Bombay Acts mentioned in the Schedule are repealed to the extent specified in
the fourth column thereof.
GENERAL DEFINITIONS
3. Definitions. — In th is Act, and in all Bombay Acts 6[or Maharashtra Acts] made after the
commencement of this Act, unless there is anything repugnant in the subject or context,—
1 For Statement of Objects and Reasons, see Bombay Government Gazette , 1903, Pt. VII, pp. 5, 6; for Report of Select
Committee, see ibid., 1904, Pt. VII, p. 1, and for Proceedings in Council, see ibid., 1903, Pt. VII, p. 130 ibid., 1904, Pt.
VII, p. 42.
2 This short title was amended for the “the Bombay General clauses Act, 1904” by Mah. 24 of 2012, s. 2, Schedule Entry
11, w.e.f. 1-6-1960.
3 This section was inserted by Bom. 24 of 1957, s. 2.
4 The words “State of Bombay” shall stand unmodified, vide the Maharashtra Adap tation of Laws (State and Concurrent
Subjects) Order, 1960.
5 This section was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 These words were inserted, by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 The Maharashtra General Clauses Act [1904 : I
(1) Abet.— “abet” with its grammatical variations and cognate expressions, shall have the
same meaning as in the Indian Penal Code (XLV of 1860) ;
(2) Act.— “act”, used with reference to an offence or a civil wrong, shall include a series of
acts ; and words which refer to acts done shall extend also to illegal omissions ;
(3) Affidavit.— “affidavit” shall include affirmation and declaration in the case of persons
by law allowed to affirm or declare instead of swearing ;
(4) Barrister.— “barrister” shall mean a barrister of England or Ireland, or a member of the
Faculty of Advocates in Scotland ;
(5) Bombay Act.— “Bombay Act” shall mean an Act made by the 1[Governor of Bombay]
in Council under the 2[Indian Councils Act, 1861] or the Indian Councils Act, 1861 and 1892 3[or
the Indian Councils Acts, 1861 to 1909 or the Government of India Act, 1915, or made by the
local Legislature, or the Governor of the Presidency of Bombay under the Government of India
Act, or by the Provincial Legislature, or the 4[Governor of Bombay], under the G overnment of
India Act, 1935], 5[or made by the Legislature of the 6[pre-Re-organization or reorganized] 7[State
of Bombay] under the Constitution] ;
8[(6) “ Bombay a rea of the State of Maharashtra” shall mean the area of the State of
Maharashtra excluding the Vidarbha region, and the Hyderabad area, of that State;]
9(7)* * * * *
10(8)* * * * *
(9) Chapter.— “Chapter” shall mean a Chapte r of the Act in which the word “Chapter”
occurs;
11[(10) City of Bombay.— “City of Bombay” shall mean the area within the local limits of
the ordinary original civil jurisdiction of the Bombay High Court of Judicature immediately
before the date on which the Greater Bombay Laws and the Bombay High Court (Declaration of
Limits) Act, 1945 (Bom. XVII of 1945), came into force ;]
(11) Collector.— “Collector” shall mean, in the 12City of Bombay, the Collector of
Bombay; and elsewhere the chief officer in charge of the revenue administration of a district ;
(12) Commencement.— “commencement” used with reference to an Act, shall mean the
day on which the Act comes into force ;
13[(13) “Commissioner ” shall mean the Commissioner of a division appointed under the
14Bombay Land Revenue Code, 1879 (Bom. V of 1879) ;]
(14) Consular Officer. — “Consular Officer” shall include consul -general, consul, Vice -
consul, consular agent, pro -consul and any person for the time being authorised to perform the
duties of consul-general, consul, vice-consul or consular agent ;
(15) District Judge.— “District Judge” shall mean the Judge of a principal Civil Court of
original jurisdiction, but shall not include a High Court in the exercise of its ordinary or
extraordinary original civil jurisdiction ;
1 These words stand unmodified vide Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 See now the Government of India Act, 1935.
3 These words and figures were inserted by the Adaptation of Indian Laws Order in Council.
4 These words stand unmodified vide Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5 This portion was inserted by the Adaptation of Laws Order, 1950.
6 These words were substituted for the words “State of Bombay” by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
7 These words stand unmodified vide Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8 This clause was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
9 Clauses (7) and (8) were omitted by the Adaptation of Indian Laws Order in Council.
10 Clauses (7) and (8) were omitted by the Adaptation of Indian Laws Order in Council.
11 This clause was substituted for the original by Bom. 17 of 1945, s. 9, Sch. E, read with Bom. 52 of 1947, s. 2, proviso.
12 The Name of this city was restored as “Mumbai” vide Mah. 25 of 1996, s. 3.
13 This clause was inserted by Bom. 8 of 1958, 3, Sch.
14 See now the Maharashtra Land Revenue code, 1968 (Mah. XLI of 1966).
1904 : I] The Maharashtra General Clauses Act 7
(16) Document.— “document” shall include any matter written, expressed or described
upon any substance by means of letters, figures or marks, or by more than one of those means,
which is intended to be used, or which may be used, for the purpose of recording that matter ;
(17) Enactment.— “enactment” shall include 1* * *any Regulation of the
Bombay Code, and shall also include any provision contained in any Act or in any such
Regulation as aforesaid ;
(18) Father.— “father” in the case of any one whose personal law permits adop tion, shall
include an adoptive father ;
(19) Financial year.— “financial year” shall mean the year commencing on the first day of
April ;
(20) Good Faith.— “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 ;
2[(21) “ 3Greater Bombay” shall mean the areas specified in Schedule A to the Greater
Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of
1945)] ;
(22) High Court.— “High Court”, used with reference to civil proceedings shall mean the
highest Civil Court of appeal in the part of the Bombay Presidency 4[and after the 1 st day of May
1960 in the part of the State of the Maharashtra] in which the Act containing the expression
operates ;
5[(23) “Hyderabad area of the 6[State of Bombay]” shall mean the territories transferred
to the new State of Bombay under clause ( b) of sub -section ( 1) of section 8 of the S tates
Re-organisation Act, 1956 (XXXVII of 1956) 7[and after the 1 st day of May 1960 the said
territories which form part of the State of Maharashtra shall be known as the Hyderabad area
of the State of Maharashtra] ;
(24) Immovable property.— “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;
(25) Imprisonment.— “imprisonment” shall mean imprisonment of either description as
defined in the 8[Indian Penal Code (XLV of 1860)] ;
9* * * * *
(26) Local authority.— “local authority” shall mean a municipal corporation, municipality,
local board, body of port trustees or commissioners or other authority legally entitled to, or
entrusted by the Government with, the control or management of municipal or local fund ;
10[(27) “Maharashtra Act” shall mean an Act made on or after the 1 st day of May 1960 by
the Legislature of the State of Maharashtra under the Constitution] ;
(28) Magistrate.— “Magistrate” shall include every person exercising all or any of the
powers of a Magistrate under the Code of Criminal Procedure, for the time being in force ;
(29) Master (of a Ship).— “master” used with reference to a ship, shall mean any person
(except a pilot or harbour-master) having for the timebeing control or charge of the ship ;
1 The words deleted by Bom. 5 of 1948, s. 2, have been omitted.
2 This clause was inserted by Bom. 17 of 1945, s. 9. Sch. E read with Bom. 52 of 1947. s. 2, proviso.
3 See now “Brihan Mumbai” (Mah. 25 of 1996, S. 3.).
4 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5 Original Clause ( 23) was omitted by the Adaptation of Laws Order, 1950 and a new clause ( 23) was inserted by the
Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, as amended by the Bombay Adaptation of
Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957.
6 These words stand unmodified, see the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
7 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8 Central Acts.
9 Clause (25A) was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
10 This clause was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8 The Maharashtra General Clauses Act [1904 : I
(30) Month.— “month” shall mean a month reckoned according to the British calendar ;
(31) Moveable property.— “moveable property” shall mean property of every description,
except immoveable property ;
(32) Oath.— “Oath” shall include affirmation and declaration in the case of persons by law
allowed to affirm or declare instead of swearing ;
(33) Offence.— “offence” shall mean any act or omission made punishable by any law for
the time being in force ;
(34) Part.— “part” shall mean a part of the Act in which the word occurs ;
(35) Person.— “person” shall include any company or association or body of individuals,
whether incorporated or not ;
1[(35A) “pre-Reorganisation” 2[State of Bombay] shall mean—
(a) as respects any period before the commencement of the Constitution, the area
comprised in the Province of Bombay ;
(b) as respects any period after the commencement of the Constitution, the territories
of the State of Bombay as specified in the First Schedule to the Constitution before the
commencement of the States Reorganisation Act, 1956 (XXXVII of 1956) ;]
(36) Public nuisance.— “public nuisance” shall mean a public nuisance as defined in the
Indian Penal Code (XLV of 1860) ;
3[(37) Registered.— “registered” used with reference to a document, shall mean registered
in a Part A State or a Part C State under the law fo r the time being in force for the registration of
documents;]
4(38) * * * *
(39) Rule.— “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 ;
5(39A) * * * *
(40) Schedule.— “schedule” shall mean a schedule to the Act in which the word occurs ;
(41) Scheduled District. — “6Scheduled District” shall mean a “Scheduled District” as
defined in the 7Scheduled Districts Act, 1874 (XII of 1874) ;
(42) Section.— “section” shall mean a section of the Act in which the word occurs ;
(43) Ship.— “ship” shall include every description of vessel used in navigation not
exclusively propelled by oars ;
(44) Sign.— “sign” with its grammatical variations and cogn ate expressions, shall with
reference to a person who is una ble to write his name, include “mark” with its grammatical
variations and cognate expressions ;
(45) Son.— “son”, in the case of any one whose personal law permits adoption, shall
include an adopted son ;
1 This clause was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
2 These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 Clause (37) was substituted for the original by the Adaptation of Laws Order, 1950.
4 Clause (38) was deleted by Bom. 5 of 1948, s. 2.
5 Clause (39A) was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 That is the villages belonging to the following mehwassi Chiefs :—
(1) The Parvi of Kathi.
(2) The Parvi of Nal.
(3) The Parvi of Singpur.
(4) The Walvi of Gaohalli.
(5) The Wassawa of Chikhli.
(6) The Parvi of Nawalpur.
7 The Scheduled Districts Act ceases to have effect under the Adaptation of Indian Laws Order in Council.
1904 : I] The Maharashtra General Clauses Act 9
(46) Sub-section.— “sub-section” shall mean a sub -section of the Section in which the
word occurs ;
1[(46A) “ 2[State of Bombay]” shall mean —
(a) as respects any period before the 1 st day of November 1956 the pre-Reorganisation
State of Bombay ;
(b) as respects any period on and after that day the territories comprised in the new
State of Bombay under section 8 of the States Reorganisation Act, 1956 (XXXVII of
1956);]
3[(46AA) “State of Maharashtra” shall mean the territories which on the 1st day of May 1960
are known as the State of Maharashtra under section 3 of the Bombay Reorganisation Act, 1960
(XI of 1960);]
4[(46B) “transferred territories” shall mean the territories transferred from the pre -
Reorganisation 5[State of Bombay] to the new States of Mysore and Rajasthan under sections 7
and 10 of the States Reorganisation Act, 1956 (XXXVII of 1956);]
(47) Swear.— “swear” with its grammatical variations and cognate expressions, shall
include affirming and declaring in the case of persons by law allowed to affirm or declare instead
of swearing ;
(48) Vessel.— “vessel” shall include any ship or boat or any other description of vessel used
in navigation ;
6[(48A) “ Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the 7[State of
Bombay]” shall mean the territories transferred to the new State of Bombay under clause ( c) of
sub-section (1) of section 8 of the S tates Reorganisation Act, 1956 (XXXVII of 1956) 8[and after
the 1st day of May 1960] the said territories which form part of the State of Maharashtra shall be
known as the Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the State of
Maharashtra] ;
(49) Will.— “Will” shall include a codicil and every writing making a voluntary
posthumous disposition of property;
(50) Writing.— expressions referring to “ writing” shall be construed as including
references to printing, lithography, photography and other modes of representing or reproducing
words or figures in a visible form on any substance; and
(51) Year.— “year” shall mean a year reckoned according to the British calendar.
4. Application of certain foregoing definitions to previous Bombay Acts.— The definitions in
section 3 of the following words — that is to say, “ abet”, “affidavit”, 9* * 10[Bombay area of the State
of Maharashtra] “Chapter”, “City of Bombay”, “Collector”, “Commissioner”, “good faith”, 11[“Greater
Bombay”, 12* * *, 13[Hyderabad area of the 14[State of Bombay]], 15 * * * * “immoveable property”,
1 This clause was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
2 These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 This clause was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
4 This clause was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
5 These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 This clause was inserte d by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment)
Order, 1956 as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment)
Order, 1957.
7 These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
9 The words “British India”, “Government of India” and “Presidency of Bombay ” were omitted by the Adaptation of
Indian Laws Order in Council.
10 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
11 These words were inserted by Bom. 17 of 1945 read with Bom. 52 of 1947, s. 2. proviso.
12 The words “British India”, “Government of India” and “Presidency of Bombay” were omitted by the Adaptation of
Indian Laws Order in Council.
13 These words were inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956 as amended
by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957.
14 These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
15 The words “Kutch area of the State of Bombay” and “Saurashtra area of the State of Bombay” were omitted by the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
10 The Maharashtra General Clauses Act [1904 : I
“Magistrate”, “month”, “moveable property ”, “oath”, “part”, “person”, 1[pre-reorganisation
2[State of B ombay]], 3[ * * * *, 4* * * “Schedule”, “section” 5[State of Bombay]], 6[State of
Maharashtra], “swear”, 7[transferred territories], “vessel”, 8[Vidarbha region, or Madhya Pradesh area,
or Vidarbha area, of the 9[State of Bombay]], “writing”, and “year” apply also, unless there is anything
repugnant in the subject or context, to all Bombay Acts made before the commencement of this Act.
GENERAL RULES OF CONSTRUCTION
5. Coming into operation of Bombay Acts 10[or Maharashtra Acts. ].— 11[(1) Where any
Bombay Act 12[or Maharashtra Act] is not expressed to come into operation on a particular day, then,
(i) in the case of a Bombay Act made before the commencement of the Constitution, it shall
come into operation, if it is an Act of the Legislat ure, on the day on which the assent thereto of
the Governor, the Governor-General or His Majesty, as the case may require, is first published in
the Official Gazette and, if it is an Act of the Governor, on the day on which it is first published
as an Act in the Official Gazette ;
(ii) in the case of a Bombay Act 13[or Maharashtra Act] made after the commencement of
the Constitution, 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.]
(2) Unless the contr ary is expressed, a Bombay Act 14[or Maharashtra Act] be construed as
coming into operation immediately on the expiration of the day preceding its commencement.
6. Printing of date on which Act is published after having received the assent of the
Governor, Govern-General, or His Majesty as the case may require. — In this Act, and in every
Bombay Act 15[or Maharashtra Act], made after the commencement of this Act, the date of such
publication as is mentioned in section 5, sub-section (1), shall be printed above the title of the Act, and
shall form part of the Act.
7. Effect of repeal.— Where this Act, or any Bombay Act 16[or Maharashtra Act], made after the
commencement of this Act, repeals any enactment thereto made or hereafter to be made, then, unless a
different intention appears, the repeal shall not—
(a) revive anything not in force or existing at the time at which the repeal takes effect ; or
(b) affect the pr evious 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 enactment so repealed ; or
1 These words were inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
2 These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 The words “Kutch area of the State of Bombay” and “Saurashtra area of the State of Bombay” were omitted by the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
4 The words “British India”, “Government of India” and “Presidency of Bombay” were omitted by th e Adaptation of
Indian Laws Order in Council.
5 These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
7 These words were inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
8 These words were inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956 as amended
by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957.
9 These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
10 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
11 This sub-section was substituted for the original sub-section by the Adaptation of Laws Order, 1950.
12 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
13 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
14 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
15 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
16 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
1904 : I] The Maharashtra General Clauses Act 11
(e) affect any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment a s aforesaid, and such
investigation, legal proceedings 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[7A. Repeal of enactment making textual amendment in any Act.— Where any Bombay Act
2[or Maharashtra Act] made after the commencement of this Act repeals any enactment by which the
text of any previous enactment was amended by the express omission, insertion, or subs titution 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].
8. Revival of repealed enactments.— (1) In any Bombay Act 3[or Maharashtra Act] 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) This section applies also to all Bombay Acts made before the commencement of this Act.
9. Construction of references to repealed enactments. — Where this Act, or any Bombay Act
4[or Maharashtra Act] made after the commencement of this Act, repeals and re-enacts, with or without
modification, any provision of a former enactment, then reference in any other enactment or in any
instrument to the provision so repealed shall, unless a different intention appears, be construed as
reference to the provision so re-enacted.
10. Commencement and termination of time.— (1) In any Bombay Act 5[or Maharashtra Act]
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”.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
11. Computation of time. — Where, by any Bo mbay Act 6[or Maharashtra Act] 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 :
Provided that nothing in this section shall apply to any act or proceeding to which the 7Indian
Limitation Act, 1877, applies.
12. Measurement of distance. — In the measurement of any distance for the purpose of any
Bombay Act 8[or Maharashtra Act] 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.
13. Gender and number. — In all Bombay Act 9[or Maharashtra Act], unless there i s anything
repugnant in the subject or context —
(a) words importing the masculine gender shall be taken to include females; and
(b) words in the singular shall include the plural, and vice-versa.
1 This section was inserted by Bom. 5 of 1948, s. 3.
2 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
4 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
7 See, now the Limitation Act, 1963 (36 of 1963).
8 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
9 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
12 The Maharashtra General Clauses Act [1904 : I
POWERS AND FUNCTIONARIES
14. Power conferred on any Government to be exercisable from time to time. — Where, by
any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act any power is
conferred on 2[any Government], then that power may be exercised from time to time as occasion
requires.
15. Power to appoint to include powe r to appoint ex-officio.— Where, by any Bombay Act
3[or Maharashtra Act] 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 ap pointment, if it is made after the
commencement of this Act, may be made either by name or by virtue of office.
16. Power to appoint to include power to suspend or dismiss. — Where, by any Bombay Act
4[or Maharashtra Act] a power to make any appointment i s conferred, then, unless a different intention
appears the authority having power to make the appointment shall also have power to suspend or
dismiss any person appointed by it in exercise of that power.
17. Substitution of functionaries. — (1) In any Bombay Act 5[or Maharashtra Act] 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.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
18. Successors.— (1) In any Bombay Act 6[or Maharashtra Act] made after the commencement
of this Act is 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 r elation to the
functionaries or corporations.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
19. Official chiefs and subordinates. — (1) In any Bombay Act 7[or Maharashtra Act] made
after the commencement of th is 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 subordinates lawfully
performing the duties of that office in the place of their superior, to prescribe the duty of the superior.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS
20. Construction of orders, etc., issued under Bombay Acts 8[or Maharashtra Acts].— Where,
by any Bombay Act 9[or Maharashtra Act], a power to issue any notification, order, scheme, rule, by-
law or form is conferred, then expression used in the notification, order, scheme, rule, by-law or
form, 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 Act conferring the power.
21. Power to make to include power to add to, amend, vary or rescind, orders,
etc. — Where, by any Bombay Act 10[or Maharashtra Act], a power to issue notifications, orders,
rules or by-laws is conferred, then that power includes a power, exercisable in the like manner and
subject to the like sanction and conditions (if any), to add to, am end, vary or rescind any
notifications, orders, rules or by-laws, so issued.
1 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 The words “any Government” were substituted for the words “the Gove rnment” by the Adaptation of Indian Laws Order
in Council.
3 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
4 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
7 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
9 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
10 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
1904 : I] The Maharashtra General Clauses Act 13
22. Making of rules or by -laws and issuing of orders between publication and
commencement of Bombay Act 1[or Maharashtra Act. ].— Where, by any Bombay Act 2[or
Maharashtra Act], which is not to come into operation on 3[the passing thereof], a power is conferred to
make rules or by-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 Judge or officer, thereunder, or
with respect to the person by whom, or the time when or the place where, or the manner in which, or
the fees for which anything is to be done under the Act, then that power may be exercised at anytime
after 4[the passing thereof], but rules, by-laws or orders so made or issued shall not take effect till the
commencement of the Act.
23. Publication of orders and notifications in the Official Gazette to be deemed to be due
publication.— Where, in any Bombay Act 5[or Maharashtra Act], or in any rule passed under any such
Act, it is directed that any order, notification or other matter shall be notified or published, then such
notification or publication shall, unless the enactment or rule otherwise provides, be deemed to be duly
made if it is published in the 6[Official Gazette].
24. Provisions applicable to making of rules or by-laws after previous publication.— Where,
by any Bombay Act 7[or Maharashtra Act], a power to make rules or by-laws is expressed to be given
subject to the condition of the rules or by-laws being made after previous publication, then the
following provisions shall apply, namely :—
(a) the authority having power to make the rules or by-laws shall, before making them,
publish a draft of the proposed rules or by-laws for the information of persons likely to be
affected thereby;
(b) the publication shall be made in such manner as that authority deems to be sufficient or,
if the condition with respect to previous publicati on so r equires, in such manner as the 8[Central
Government, or as the case may be, the 9[State] Government] prescribes;
(c) there shall be published with the draft, a notice specifying a date on or after which the
draft will be taken into consideration ;
(d) the authority having power to make the rules or by-laws, and, where the rules or by-laws
are to be made with the sanction, approval or concurrence of another authority, that authority
also, shall consider any objection or suggestion which may be recei ved by the authority having
power to make the rules or by-laws from any person with respect to the draft before the date so
specified;
(e) the public ation in the 10[Official Gazette] of a rule or by-law purporting to have been
made in exercise of a power to make rules or by -laws after previous publication shall be
conclusive proof that the rule or by-law has been duly made.
1 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 The words “the passing thereof” were substituted for the words “the day on which it is first published in the Bombay
Government Gazette after having received the assent of the Governor -General and “the Act has been published as
aforesaid”, respectively, by the Adaptation of Indian Laws Order in Council.
4 The words “the passing thereof” were substituted for the words “the day on which it is first published in the Bombay
Government Gazette after having received the assent of the Governor -General and “the Act has been published as
aforesaid”, respectively, by the Adaptation of Indian Laws Order in Council.
5 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 The words “ Official Gazette” were substituted for the words “ Bombay Government Gazette ” by the Maharashtra
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
7 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8 The words “Central Government or as the case may be, the P rovincial Government”, were substituted for the word
“Local Government”, by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 The words “Official Gazette” were substituted for the words “ Bombay Government Gazette” by the Adaptation of Indian
Laws Order in Council.
14 The Maharashtra General Clauses Act [1904 : I
25. Continuation of orders, etc., issued under enactments repealed and re-enacted.— Where
any enactment is, after the commencement of this Act, repealed and re -enacted by a Bombay Act
1[or Maharashtra Act] with or without modification, then, unless it is otherwise expressly provided, any
appointment, notification, order, scheme, rul e, by -law or form made or 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 made or issued under the provisions so re -enacted, unless and until it is
superseded by any appointment, notification, order, scheme, rule, by-law or form made or issued under
the provisions so re-enacted.
MISCELLANEOUS
26. Recovery of fines. — Sections 63 to 70 of the 2Indian Penal Code, and the provisions of the
Code of Crimina l 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 Bombay Act 3[or Maharashtra
Act], or any rule or by-law made under any Bombay Act 4[or Maharashtra Act], unless the Act, rule or
by-law contains an express provision to the contrary.
27. Provisions as to offences punishable under two or more enactments. — Where an act or
omission constitutes an offence under two or more enactments, then the offende r 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.
28. Meaning of service by post. — Where any Bombay Act 5[or Maharashtra Act] 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 expressions “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 aExcerpt shown. Open the full act in Lexace.