The Meghalaya Interpretation and General Clauses Act , 1970 Act No.7 of 1970

MEGHALAYA ACT 7 OF 1970
THE MEGHALAYA INTERPRETATION AND GENERAL CLAUSES ACT, 1970
(As passed by the Assembly)
[Received the assent of the Governor on the Twenty -fifth October, 1970 ]
(Published in the Gazette of Meghalaya, Extraordinary, dated 9th May, 1970)
Arrangement of Sections
CHAPTER I
Preliminary
Sections:
1. Short title and commencement.
2. Application of Act.
CHAPTER II
Definitions
3. Definitions.
4. Definitions in enactments to apply unless the context otherwise requires.
CHAPTER III
General Rules of Construction
5. Territorial extent of Meghalaya Acts.
6. Coming into force of enactments.
7. Expiry of temporary enactments.
8. Marginal notes not part of enactments.
9. Government to be bound by enactments.
10. Effect of incorporation.
11. Offences by companies.
Sections:-
12. Gender and number.
13. Commencement and termination of time in any enactment.
14. Computation of time.
15. Expression of time.
16. Deputy to be taken prorata.
17. Measurement of distances.
18. Penalties provided to be maximum penalties.
19. Deviation from forms.
20. Acts done on holidays.
21. Provisions as to offences punishable under two or more enactments.
CHAPTER IV
Repeal and expiry of enactments.
22. Effect of repeal.
23. Repeal of law making textual amendments other law.
24. Construction of reference to repeal enactments.
25. Revival of repealed enactment.
26. Effect of expiration of enactment.
CHAPTER V
Power and Functionaries
27. Exercise of powers and performance of duties.
28. Powers incidental for effective exercise of powers granted.
29. Power to appoint to include power to appoint ex-officio.
30. Power to appoint to include power to suspend or dismiss.
31. Substitution of functionaries.
32. Successors.
33. Official Chief and subordinates.
CHAPTER VI
Subordinates Legislation
34. Making of the rules or bye-laws and issuing of order between passing and commencement
of enactment.
35. Power to make rules, etc., includes power to add, amend, vary or rescind, rules, etc.
36. Provisions applicable to making of rules or bye-laws after previous publication.
37. Continuation of appointments, rules, etc., issued under enactment repealed and re-enacted.
38. Construction of rules notification etc., issued under enactment.
39. Publication and Commencement rules.
40. Laying of rules before Legislative Assembly.
CHAPTER VII
Miscellaneous
41. Citation of enactments.
42. Recovery of fines.
43. Meaning of service by post.
THE MEGHALAYA INTERPRETATION AND GENERAL CLAUSES ACT, 1970
An
Act
to provide for the interpretation of Meghalaya enactments and for shortening the language
thereof.
Be it enacted by the Legislature of Meghalaya in the Twenty-first Year of the Republic of India as
follows:-
CHAPTER I
Preliminary
Short title and
commencement.
1. (1) This Act may be called the Meghalaya Interpretation and
General Clauses Act, 1970.
(2) It shall come into force in such date as the Government of
Meghalaya may by notification appoint.
Application of
Act.
2. Save as otherwise expressly provided herein the provisions of
this Act shall apply, unless the context otherwise requires, to this
Act and to all other enactments, whether passed before or after
the commencement of this Act.
CHAPTER
Definitions
Definitions. 3. In all enactments, unless the context otherwise requires-
(1) “abet”, with its grammatical variations and  cognate
expressions, has the same meaning as in the Indian Penal Code;
(2) “act” used with reference to an offence or a civil wrong
denotes a series of acts as well as a single act, and words which
refer to acts done extend also to illegal omissions.
(3) “affidavit” means a statement in writing, signed by the
person making it and confirmed by oath.
(4) “Assam Act” means an Act made by the Chief
Commissioner of Assam in Council under th e Indian Councils
Acts, 1861 to 1909 or any of those Acts, 1861 to 1909 or any of
those Acts, or under the Government of India Act, 1915 or by
the Local Legislature of Assam under the Government of India
Act, or by the Provincial Legislature or the Governo r of Assam
under the Government of India Act, 1935, or by the Legislature
of the State of Assam under the Constitution;
Central Act
45 of 1860.
(5) “attested” in relation to a document means attested by
a witness who has seen the executed sign the document, or has
received from the executants a personal acknowledgement of his
signature, and who has signed the document in the presence of
the executants, but no particular form of attestation shall be
necessary;
(6) “autonomous State ” means the autonomous State of
Meghalaya formed under Section 3 of the Assam Reorganisation
(Meghalaya) Act, 1969;
(7) “Bengal Act” means an Act made by the Lieutenant
Governor of Bengal in Council under the India Councils Act,
1961, or the Indi an Councils Acts, 1861 and 1892 or the Indian
Councils Acts,1961, or the Indian Councils Acts, 1861,1892 and
1909 or made by the Governor in Council of Fort William in
Bengal under the Indian Councils Acts, 1861 1892 and 1909, or
by the Local Legislature o f Bengal under the Government of
India Act;
(8) “Central Act” means an Act of Parliament, and
includes an Act passed or made before the commencement of
the Constitution;-
(a) by the Dominion Legislature or the Indian Legislature,
or,
(b) by the Governor -General in Council or the Governor -
General acting in a legislative capacity;
(9) “Central Government” in relation to anything done or
to be done after the commencement of the Constitution, means
the President , and includes in relation to functio ns entrusted
under clause (1) of article 258 of the Constitution to the
Government of Meghalaya the Government of Meghalaya
acting within the scope of the authority given to it under that
clause;
(10) “Chapter” means a Chapter of the enactment in which
the word occurs;
(11) “Child”, in the case of any one whose personal law
permits adoption, includes an adopted child;
(12) “clause” occurring in a section which has no sub -
section, means a sub -division of that section, and occurring in a
sub-section means a subdivision of that sub-section;
(13) “collector” means the chief officer in -charge of the
revenue administration of district;
(14) “commencement” used with reference to an
enactment, means the day on which the enactment comes into
force;
(15) “commissioning” means the chief officer in -charge
of the revenue administration of a division;
Central Act
55 of 1969
(16) “Constitutes” means the Constitution of India;
(17) “consular officer” includes consul -general, consul,
vice-consul, consular agent pro -consul and any other person for
the time being authorised to perform the duties of a consul -
general, consul, vice-consul or consular agent;
(18) “daughter” in the case of any one whose personal law
permits adoption, includes an adopted daughter;
(19) “day” means a period of twenty -four hours beginning
at midnight ;
(20) “deputy -commissioner” means the chief officer in -
charge of the general administration of a district;
(21) “district court” means the principal civil court of
original jurisdiction but does not include the High Court in the
exercise of its ordinary or extraordinary original civil
jurisdiction;
(22) “district judge” means the judge of a district court, and
includes an additional district judge;
(23) “document” includes any matter written, expressed
inscribed or described upon any substance by means of letters,
figures or marks or by more than one of those means, intended
to be used or which may be used as evidence of that matter;
(24) “Eastern Bengal and Assam” means the territories
which were under the administration of the Lieutenant Governor
of Eastern Bengal and Assam immediately pr ior to the
constitution of the Chief Commissionership of Assam in 1912;
(25) “Eastern Bengal and Assam Act” means an Act made
by the Lieutenant Governor of Eastern Bengal and Assam in
Council under the Indian Council Acts, 1861 to 1909;
(26) “enactment” means an Act of the Meghalaya
Legislature, and includes an Ordinance and any provision
contained in any Act or Ordinance as aforesaid;
(27) “father”, in the case of any one whose personal law
permits adoption, includes an adoptive father;
(28) “financial year” means the year commencing on the
first day of April;
(29) “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 ;
(30) “Government” or “the Government” includes the
Government of Meghalaya, the Central Government and the
Government of any State;
(31) “Governor” means the Governor of Assam
exercising his functions as Governor in relation to Meghalaya by
virtue of the Assam Reorganisation (Meghalaya) Act, 1969.
(32) “Government securities” mean securities of the
Government of Meghalaya, the Central Government or of any
other Government;
(33) “High Court” means the High Court of Assam;
(34) “immovable property” includes land, benefits to
arise out of land, and things attached to the earth or per manently
fastened to anything attached to the earth.
(35) “imprisonment” means imprisonment of either
description as defined in the Indian Penal Code;
(36) “judicial proceeding” means any proceeding in the
course of which evidence is, or may be, legally taken;
(37) “local authority” means a municipal corporation, a
municipality, a municipal committee, a local or district board or
any other authority legally entitled to, or entrusted by the
Government with, the control or management of, a municipal or
local fund;
(38) “local law” means a law applicable to a part only of
Meghalaya;
(39) “magistrate” includes eve ry person exercising all or
any of the powers of a magistrate under the Code of Criminal
Procedure, 1898, or under any other law for the time being in
force relating to criminal procedure;
(40) “master” used with reference to a ship, includes ever y
person (except a pilot or harbour -master) having for the time
being command or charge of the ship;
Central Act
55 of 1969.
Central Act
45 of 1860.
Central Act
5 of 1898.
Central Act 5 of
1969.
(41) “Meghalaya” means the autonomous State of
Meghalaya formed under section 3 of the Assam Reorganisation
(Meghalaya) Act, 1969, and comprising the areas specified
therein;
(42) “Meghalaya Act” means an Act passed by the
Legislative of Meghalaya;
(43) “month” means a month reckoned according to the
Gregorian Calendar;
(44) “ movable property ” means property of every
description except immovable property;
(45) “notification” means notification in the official
Gazette;
. (46) “oath” includes an affirmation and a declaration in
the case of persons by law allowed to affirm or declare instead
of swearing;
(47) “offence” means any act or omission made punishable
by any law for the time being in force;
(48) “official” means the official Gazette of Meghalaya;
(49) “Ordinance” means an Ordinance promulgated by the
Governor under section 50 of the Assam Reorganisation
(Meghalaya) Act, 1969.
(50) “Part” means a part of the enactment in which the
word occurs;
(51) “person” includes any company or association or body
of individuals, whether incorporated or not;
(52) “prescribed” means prescribed by rules made under an
enactment in which the word occurs;
(53) “public” includes any class or section of the public;
(54) “public nuisance” means a public nuisance as defined
in the Indian Penal Code;
(55) “registered” used with reference to a document, means
registered in India under the law for the time being in force for
the registration of documents;
(56) “rule” means rule made in exercise of a power
conferred by any enactment, and includes a regulation made as a
rule under any enactment;
(57) “schedule” means a schedule to the enactment in
which the word occurs;
(58) “section” means a section of the enactment in which
the word occurs;
(59) “Shillong” means  so much of the area comprised
within the municipality of Shillong as, immediately before the
commencement of the Constitution, formed part of the Khasi
State of Mylliem;
(60) “ship” includes every description of vessel used in
navigation not exclusively propelled by oars;
(61) “sign” with its grammatical variations and cognate
expression, used with reference to a person who is unable to
write his name, inclu des “mark” with its grammatical variations
and cognate expressions;
(62) “son”, in the case of any one whose personal law
permits adoption , includes an adopted son;
Central Act
55 1969.
Central Act
45 of 1860.
(63) “special law” means a law applicable to a particular
subject;
(64) “State” means a State specified in the First Schedule to
the Constitution, and includes a Union territory;
(65) “sub -section” means a sub -section of the secti on in
which the word occurs;
(66) “swear” with its grammatical variations and cognate
expressions, includes affirming and declaring in the case of
persons by law allowed to affirm or declare instead of swearing;
(67) “vessel” with its gram matical variations and cognate
expressions, includes affirming and declaring in the case of
persons by law allowed to affirm or declare instead of swearing;
(68) “will” and “codicil” have the meanings respectively
assigned to them in the Indian Succession Act,1925;
(69) “writing” – expressions referring to writing shall be
construed as including reference to printing, typewriting,
photography and other modes of representing reproducing words
in a visible form;
(70) “year” means a year reckoned according to the
Gregorian Calendar.
Central Act
30 of 1926.
Definition in
enactments to
apply unless the
context otherwise
requires.
4. In enactment, where a word is defined-
(a) the definition shall apply unless the context of the
enactment otherwise requires;
(b) grammatical variations of that word and cognate
expression shall have corresponding meanings.
CHAPTER III
General Rules of Construction
Territorial extent
of Meghalaya
Acts.
5. Subject to the provisions of the Assam Re-organisation
(Meghalaya) Act, 1969, every enactment shall, unless the
contrary is expressly provided therein, apply to the whole of
Meghalaya, excluding Shillong.
Central Act
55 of 1969
Coming into
force of
enactments.
6. (1) Where a Meghalaya At is not expressed to come into force
on a particular day, then, it shall come into force on the day on
which the assent of the Governor is first published in the official
Gazette.
(2) Unless the contrary intention is expressed, an Ordinance
shall come into force on the day on which it is promulgated by
the Governor;
(3) Unless the contrary intention is expressed, every enactment
shall be construed as coming into force immediately on the
expiration of the day preceding the day on which it comes into
force.
Expiry of
temporary
enactments.
7. Where an enactment is expressed to expire, lapse or otherwise
cease to have effect on a particular day, it shall unless the
contrary intention is expressed, be construed as ceasing to have
effect immediately on the commencement of the following day.
Marginal notes
not part of
enactments.
8. The marginal notes appearing against any provision of any
enactment, and the reference to this number and date of any
former law in the margin against any such provision, shall form
no part of the said enactment and shall be deemed to have been
inserted for the sake of convenience only.
Government to be
hound by
enactments.
9. In the absence of an express provision to the contrary, every
enactment shall be binding on the Government.
Effect of in
corporation.
10. Where any enactment constitutes a body corporate by any form
of words, that body corporate shall have perpetual succession
and  a common seal and may enter into contracts by its corporate
name, acquire, hold and dispose of property, whether movable
or immovable, and sue or be sued by its corporate name.
Offences by
companies.
11. (1) If a person committing an offence under any enactment is a
company, the company as well as every person in charge of and
responsible to the company for the conduct of its business at the
time of the commission of the offence shall be deemed to be
guilty of the offence and shall be liable to be proceeded against
and punished accordingly;
Provided that noting contained in this sub -section shall
render any such person liable to any punishment if he proves
that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such
offence.
(2) Where an offence under any enactment has been
committed by a company, any director, manager, secretary or
order officer or the company, not being a person in charge of
and responsible to the company for the conduct of its business at
the time of the commission of the offence, shall , if it is his
consent or convenience or that the commission of the offence is
attributable to any neglect on his part, also be deemed to be
guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation: For the purpose of this section-
(a) “company” means anybody corporate and includes firm
or other association of person, and
(b) “director”, in relation to a firm, means a partner in the
firm.
Gender and
number.
12. In all enactments unless a different intention appears-
(a) words importing the masculine gender shall be taken to
include females.
Commencement
and termination
of time in any
enactment.
(b) words in the singular shall be taken to include the plural
and vice-versa.
13. In any enactment, it shall be sufficient-
(a) to use the word “from” or the word “after” for the
purpose of excluding the first in a series of days;
(b) to use the word “to for the purpose of including the last
in a series of days;
(c) to use the word “on” or the word “with” for the purpose
of including the day on which the period is expressed to being
or to end; and
(d) in relation to t he interval between two events, to use the
words “clear days” or “at least” or “not less than” a number of
days for the purpose of excluding the days on which the events
happen and merely to specify the number of days for the
purpose of excluding the day o n which the first event happens
and including the day on which the second event happens.
Computation of
time.
14. Where by any enactment 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 specified period, then , if the court or office is
closed on that day or the last day of the specified 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 noting in this section shall apply to any act
or proceeding to which the Limitation Act, 1963 applies.
Central act
36 of 1963
Expression of
time.
15. Where, in any enactment, any reference to a specified time of
the day occurs, such time shall, unless it is otherwise specially
stated, be deemed to mean the Indian Standard Time which is
five and half hours ahead of the Greenwich Mean Time.
Duty to be taken
prorata.
16. Where, by any enactment, and duty of customs or excise or in
the nature thereof, is leviable on any given quantity by weight,
measures or value of any goods and merchandise, then, a like
duty is leviable according to the same rate on any greater or
less quantity.
Measurement of
distances.
17. In the measurement of any distance for the purpose of and enactment, that
distance shall, unless a different intention appears, be measured in a
straight line on a horizontal plane.
Penalties provided to
be maximum
penalties.
18. Whenever in any enactment a punishment is provided for an offence, such
punishment shall, unless a different intention appears, be deemed to be the
maximum punishment for that offence.
Deviation from
forms.
19. Save as otherwise expressly provided by any enactment, whenever a form
is prescribed by any enactment, slight deviations therefrom, not affecting
the substance or calculated to mislead, shall not invalidate it.
Acts done on
holidays.
20. Save as otherwise expressly provided by any enactment, no act done by
any authority is judici al or executive, shall be invalid by reason only of its
having been done on a public holiday.
Provisions as to
offences punishable
under two or more
enactments.
21. Where an act or omission constitutes an offence under two or more
enactments, the offender shall be liable to be prosecuted or punished under
either or any of them, but shall not be liable to be punished twice for the
same offence.
CHAPTER IV
Repeal and expiry of enactments
22. Where a Meghalaya Act repeals any enactment, then, unless a different
intention appears, the repeals shall not-
(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 liability, acquired, accrued,
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
(e) affect any investigation, legal proceeding or remedy in respect of
any such right, privilege, obligation, liability, penalty, forfeiture or
punishable 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.
Repeal of law
making textual
amendment in other
laws.
23. Where a Meghalaya Act (not being an Act which is to cease to have effect
or to cease to operate on the expiry of a particular period or on the
happening of a particular contingency) amends the text of any enactment
by the express omission, insertion or substitution of any matter, and any
such am ending Act is subsequently repealed, then, unless a different
intention appears, the repeal shall  not affect the continuance of any such
amendment made by the amending act, if such amendment was in force at
the time of the repeal.
Construction of
reference to repealed
enactments.
24. Where a Meghalaya Act repeals and re -enacts, with or without
modification, and provision of a former enactment, then references in any
other enactment to the provision so repealed , shall, unless a different
intention appears, be construed as references to the provision so re-enacted.
Revival of repealed
enactment.
25. In any enactment, for the purpose of reviving either wholly or partially, any
enactment wholly or partially repealed, it shall be necessary expressly to
state that purpose.
Effect of expiration
of enactment.
26. Where a Meghalaya Act ceases to have effect or ceases to operate on the
expiration of a particular period or on the happening of a particular
contingency, then, unless a different intention appears, the expiry shall not
affect-
(a) the previous operation of , or anything duly done or suffered under
the enactment; or
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under that Act; or
(c) any penalty, forfeiture or punishment incurred in respect of any
offence committed against that Act; or
(d) 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 Act had not
expired.
CHAPTER V
Power and Functionaries
Exercise of powers
and performance of
duties.
27. Where, by any enactment, any power is conferred or any duty is imposed,
then, unless a different intention appears, that power may be exercised and
that duty shall be performed from time to time as occasion requires.
Powers incidental
for effective exercise
of powers granted.
28. Where, by any enactment, any power is conferred on any person or
functionary to do or enforce the doing of any act or thing, all such powers
shall be deemed to be also conferred as are necessary to enable such person
or functionary to do or enforce the doing of such act or thing.
Power to appoint to
include power to
appoint ex-officio.
29. 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 may be made either by name or by virtue
of office.
Power to appoint to
include power to
suspend or dismiss.
30. Where, by any enactment, a power to make any appointment is conferred,
then, unless a different intension appears, the authority having for the time
being power to make the appointment shall also have power to suspend or
dismiss any person appointed whether by itself or by any other authority in
exercise of that power.
Substitution of
functionaries.
31. In any enactmen t, it shall be sufficient for the purpose of indicating the
application of the law to every person or number of persons for the time
being executing the function s of an office, to mention the official title of
the officer who is, at the time of the passing of the enactment, exercising
the functions, or that of the officer by whom the functions are commonly
exercised.
Successors. 32. In any enactment it shall be sufficient for the purpose of indicating the
relation of a law to the successors of any functionar ies or of corporations
having perpetual succession, to express its relation to the functionaries or
corporations.
Official Chief and
subordinates.
33. In any enactment, it shall be sufficient, for the purpose of expressing that a
law relating to the chief or superior of an office shall apply to the deputies
or subordinates lawfully performing the duties of the office in the place of
their superior to specify the duties of the superior.
CHAPTER VI
Subordinate Legislation
Making of rules or
bye-laws and issuing
of orders between
passing and
commencement of
enactment.
34. 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 face for which,
anything is to be done under the enactment, then, unless a different
intention appears, 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..
Power to make rules,
etc., includes power
to add, amend, vary
or rescind rules, etc.
35. Where, by any enactment, a power to issue rules, notifications, orders,
schemes, forms or bye laws is conferred, then, unless a different intention
appears that power includes a power to add, to amend , vary or rescind any
rules, notification, orders, schemes, forms or bye -laws so issued in the
same manner and subject to the same sanction and condition (if any) as the
power to issue the rules, notifications, orders, schemes, forms or bye-laws.
Provisions
applicable to making
of rules or bye-laws
after previous
publication.
36. Where, by any enactment,  a power to make rules or bye -laws, is expressed
to be given subject to the condition of the rules or by e-laws being made
after previous publication, then, the following provisions shall apply;
namely:-
(a) 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 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
publication so requires, in such manner as the Government may
prescribe;
(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 bye -laws, and,
where the rules or bye -laws are to be made with the sanction,
approval or concurrence of another authority, that authority also,
shall consider any objection or suggestion which may 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;
(e) the publication in the official Gazette of a rule or bye -law
purporting to have been made in exercise of a power to make rules
or bye -laws after previous publication shall be conclusive proof
that the rules or bye-laws has been duly made.
Continuation of
appointments, rules,
etc., issued under
enactment repealed
and re-enacted.
37. Where any enactment is repealed and re -enacted with or without
modification, then, unless it is otherwise expressly provided, any
appointment, rule, notification, order, scheme, form or bye -law 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 issue under the provisions so re-enacted, unless and until it is
superseded by any appointment, rule, notification, order, scheme, form or
bye-law made or issued under the provisions so re-enacted.
Construction of
rules, notifications,
etc., issue under
enactments.
38. Where, by any enactment , a power to issue any, rule notif ication, order,
scheme, form or bye law is conferred, then, expressions used in the rule,
notification, order, scheme, form or bye -law shall unless a different
intention appears, have the same respective meanings as in the enactment
conferring the power.
Publication and
commencement
rules.
39. Every rule made under any enactment shall be published in the Official
Gazette and shall, in the absence of an express provision to the contrary
either in the rule or in the enactment under which it is made, come into
force on the day on which is publish in the official Gazette.
Laying rules before
Legislative
Assembly.
40. (1) Every rule made by the Government of Meghalaya under any
enactment shall be laid as soon as may be after it is made before the
Legislative Assembly of Meghalaya while it is in session for a total period
of ten days which may be comprised in one session or in two successive
sessions, and if, before the expiry of the session in which it is so laid or the
session immediately following, the Legis lative Assembly makes any
notification in the rule or resolves that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be or 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) If any rule is not laid before the Legislative Assembly in
accordance with the provisions of sub-section (1), it shall, not on the expiry
of two success ive sessions immediately following the publication of the
rule, cease to have effect, without prejudice to the validity of anything
previously done under that rule.
CHAPTER VII
Miscellaneous
Citation of
enactments.
41. (1) any enactment may be cited by reference to the short title conferred
thereon or by reference to the number and year thereof.
(2) Any provision in an enactment may be cited by reference to the section
of the enactment in which the provision is contained.
42. Section 63 to 70 of the Indian Penal Code and the provisions of the Code of
Criminal Procedure, 1898, in relation to the issue and execution of warrants
for the levy of fines, shall apply to all fines imposed under any enactment,
or under any rule or bye-law made thereunder, unless the enactment, rule or
bye-law contains and express provision to the country.
Meaning of service
by post.
43. Where, any enactment authori ses or requires any document to be served
post, whether the expression “serve” or either of the expressions “give” o r
“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 i s proved, to have been effected at the time at
which the letter would be delivered in the ordinary course of post.

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