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The Meghalaya Interpretation and General Clauses Act No. 7 of 1972

Meghalaya · state statute
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M
EGHALAYA ACT 7 OF 1972 
 
THE MEGHALAYA INTERPRETATION AND GENERAL CLAUSES ACT, 1972 
(As passed by the Assembly) 
(Received the assent of the Governor on the 15th May, 1972) 
[Published in the Gazette of Meghalaya, Extraordinary, dated 15th May, 1972] 
Arrangement of sections 
Sections: 
                                                         CHAPTER I  
                     Preliminary  
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. 
12. Gender and number. 
13. Commencement and termination of time in any enactment. 
14. Computation of time. 
15. Expression of time. 
 
 
S
ections : 
16. Duty to be taken prorate. 
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 enactment. 
Repeal and expiry of enactments 
CHAPTER IV 
22. Effect of repeal. 
23. Repeal of law making actual amendment in other laws. 
24. Construction of reference to repealed enactments. 
25. Revival of appealed enactment. 
26. Effect of expiration of enactment. 
CHAPTER V 
Powers and Functionaries 
27. Exercise of powers and performance of duties. 
28. Powers incidental for effective exercise of powers granted. 
29. Power so 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 Chiefs and subordinates. 
CHAPTER VI 
     Powers and Functionaries 
34. Making of rules or bye-laws and issuing of orders 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. Constitution of appointments, rules, etc, issued under enactment repealed and re- enacted. 
 
S
ections: 
38. Construction of rules, notifications, etc., issued under enactment. 
39. Publication and commencement of  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, 1972 
An  
Act 
to provide for the interpretation of Meghalaya enactment and  
for shortening the language thereof 
Be it enacted by the legislature of Meghalaya in the Twenty -third 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, 1972. 
 
(2) It shall be deemed to have come into force on the 21 st day of 
January, 1972. 
 
 
Application  
of Act. 
 
2. Sale as otherwise expressly p rovided 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. 
 
 
 
CH
APTER I 
Definitions 
 
Definitions. 
 
3. In all enactments, unless the context otherwise require –  
 
 
 
 
   (1) “abet” with its grammatical variations General Act and 
cognate expression, has the same meaning as in the 
Indian Penal Code; 
 
Central  Act  45 
of  1860 
 
 
(2) “act” used with reference to an offence or a civil wrong 
denotes a series of act as well as a single act, and words 
which refer to acts done extend also to illegal omission ; 
 
 
 (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 the Indian 
Councils 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 Legislatur
e or the 
Governor of Assam under the Government of India 
Act,1935, or by the Legislature of the State of Assam 
under the Constitution; 
 
 
 (5) “attested” in relation to a document means attested by a 
witness who has seen the executants 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 Re -
organisation (Meghalaya) Act,1969; 
 
Central Act 55 of 
1969 
 (7) “Bengal Act” means an Act made by the Lieutenant 
Governor of Bengal in Council under the India Councils 
Act, 1861, or the Indian Councils. Acts, 1861 and 1892 
or the Indian Councils Acts,8161 and 1909 or made by 
the Governor in Council of Fort William in Bengal 
under the Indian Council Acts, 8161 and 1909, or by the 
Local Legislature of 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) “Centrally Government” in relation to anything done or 
to be done after the commencement of the Constitution, 
means the President, and include in relation to functions 
entrusted under clause (1) of Article 248 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, include an adopted child. 
 
 (12) “clause” occurring in a section which has no sub -
section, means a subdivision of that section and 
occurring in a sub- section means a subdivision  of that 
sub-section. 
 
 (13) “collecto” means the chef officer in-charge of the 
revenue administration of a district. 
 
 (14) “commencement” used with reference to an enactment 
means the day on which the enactment comes into force ; 
 
 (15) “commissioner” means the chief officer in -charge of 
the revenue administrative of a division. 
 
 (16) “constitution” means the Constitution of India ; 
 
 (17) “consular officer” include 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 
      as midnight; 
 
 
 
 (20) “daughter-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 extra ordinary original 
civil jurisdiction; 
 
 
 (22) “district judge” means the judge of a district court, 
and includes an additional districts 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 Easter n Bengal and Assam immediately 
prior to the constitution of the Chief Commissionership 
of Assam in 1909; 
 
 
 (25) “Eastern Bengal and Assam Act” means an Act made 
by the Lieutenant-Governor of Eastern Bengal and 
Assam in Council under the Indian Councils Act, 1861 
to 1909. 
 
 
 (26) “enactment” means an Act of the Meghalaya 
Legislature, and includes a Regu lation, Meghalaya 
Ordinance and  any provision contained in any Act, 
Regulation of 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 
State Government as well as the Central Government ; 
 
 
 
 
 
 
(31) “Government of Meghalaya” means the Governor; 
 
 
 
 (32) “Government securities” means securities of the 
Government of Meghalaya, the Central Government or any 
other Government; 
 
 
 (33) “High Court” means the Guwahati High Court (the High 
Court of Assam, Nagaland, Meghalaya, Manipur and 
Tripura) 
 
 
 (34) “immovable property” includes land benefits to arise out 
of land, and things attached to the earth or permanently 
fastened to anything attached to the earth ; 
 
 
 (35) “imprisonment” means imprisonment of either 
description as defined in the Indian Penal Code ; 
 
Central Act 45 of 1898 
 (36) “judicial proceeding” includes 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 party only of 
Meghalaya ; 
 
 
 (39) “magistrate” includes every 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 ; 
 
Central Act 5 of 1898. 
 (40) “master” used with reference to a ship; includes every 
person (except a pilot or harbour master) having for the 
time being command or charge of the ship. 
 
 
 (41) “Meghalaya” means the State of Meghalaya formed 
under section 5 of the North-Eastern Area (Reorganisation) 
Act, 1971 and comprising the areas specified therein ; 
 
Central Act 81 of 1971 
 (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 Gazette” means the official Gazette of 
Meghalaya ; 
  
 
 (49) “Meghalaya Ordinance” means an Ordinance 
promulgated by the Governor of Meghalaya ; 
 
 
 (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 occur; 
 
 
 (53) “public” includes any class or section of the public ; 
 
 
 (54) “public nuisance” means a public nuisance as 
defined in the Indian Penal Code ; 
Central Act 
 45 of 
 1860 
 (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) “Registration” means a Regulations made by the 
Governor under the Sixth Schedule to the Constitution 
or under the Government of India Act, 1935, and shall 
include the Regulation as defined in clause (50)  of 
section 3 of the General Clauses Act, 1897 ; 
 
 
 (57) “rule” means a rule made in exercise of a power  
conferred by any enactment, and includes a regulation 
made as a rule under any enactment ; 
 
 
 (58) “schedule” means a schedule to the enactment in 
which the word occurs ; 
 
 
 
 
 (59) “section” means a section of the enactment in which 
the word occurs : 
 
 
 (60) “ship” includes every description of vessel used in 
navigation not exclusively propelled by oars ; 
 
 
 (61) “sign” with its grammatical variations and cognate 
expressions, used with reference to a person who is 
unable to write his name, includes “mark” with its 
grammatical variations and cognate expressions ; 
 
 
 (62) “son” in case of any one whose personal law permits 
adoption, includes an adopted son ; 
 
 
 (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 section 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” includes any ship or boar or boar or any 
other description of vessel used in navigation ; 
 
 
 (68) “will” and “codicil” have the meanings respectively 
assigned to them in the Indian Succession Act, 1925 ; 
 
Central Act 30 of 
1925 
 (69) “writing” – expressions referring to writing shall be 
constructed as including reference to  printing, 
typewriting, photography and other modes of 
representing or reproducing words in a vehicle form; 
 
 
 (70) “year” means a year reckoned according to the 
Gregorian Calendar. 
 
 
Definitions in 
enactments to apply 
unless the context 
otherwise requires. 
4. In every 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 
expressions shall have corresponding meanings. 
 
 
 
 
CHAPTER III 
General Rules of Construction 
Territorial  
extent of Meghalaya  
Acts  
5. Every enactment shall, unless the contrary is expressly 
provided therein, apply to the whole of Meghalaya  
 
 
Coming into force of 
enactments 
 
6. 
 
(1) Where a Meghalaya Act is not expressed to come into 
force on a particular day, then, it assents of the Governor 
in first published in the official Gazette.  
 
(2) Unless the contrary intention is expressed, a 
Meghalaya 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 constructed 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 constructed 
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 the number and date of any 
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 bound 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 time of the commission of the offence 
shall the deemed to be guilty o f the offence and shall be 
liable to be proceeded against and punished accordingly 
      
 
 
 
 
           Provided that nothing 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 other officer of the company, not being a 
person in charge of and responsible to the company for the 
conduct of its business at the tim e of the commission  of 
the offence , shall, if it is proved that the offence has been 
committed with 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 any body corporate and includes a 
firm or other association of persons, and 
 
(b) “director” in relation to a firm, means a partner in the 
firm. 
 
Gender and number 12. In all enactments unless a different intentions appeals – 
(a) words importing the masculine gender shall be 
taken to include females ; 
(b) words in the singular shall be taken to include 
the plural and vice-versa. 
  
 
Commencement and 
termination of time 
in any enactment. 
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 
begin or to end ; and  
 
(d) in relation to the 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 days on 
which the 
events happen and merely to specify the 
number of days for the purpose excluding the days on 
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 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 Limitation Act,  1963 
applies. 
 
 
 
 
 
 
 
 
 
 
Central Act 6 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 specifically stated, be deemed  to mean the 
Indian Standard Time. 
 
 
Duty to be taken 
prorate 
16. Where, by any enactment , 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. 
 
 
Measurement of 
distances 
17. In the measurement of any distance for the purpose of any 
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 deem 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 there from, not affecting the substance or 
calculated to mislead, shall not invalidate it. 
 
 
Act done on 
holidays. 
20. Save as otherwise expressly provided by any enactment, 
no act done by any authority, whether such authority is 
judicial or executive shall be invalid by reason only of its 
having been done on a public holiday. 
 
 
Provision 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 
 
Effect of repeal 22. Where a Meghalaya Act, Ordinance or Regulation repeals 
any enactment, then, unless a different intention appears, the 
repeal shall not –  
(a) Revive anything not in force or existing at this time at 
which the repeal takes effect; or  
(b) affect the previous operation of any enactment so 
repealed or anything duly done or suffered there under ; 
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  
(e) affect any investigation, legal proceeding or remedy in 
respect of any such right, privilege, obligation, liability, 
penalty, forfeiture of 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.  
 
Repeal of law making 
textual amendment in other 
laws 
23. Where a Meghalaya Act, Ordinance or Regulation (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 amending Act is 
subsequently repealed, then, unless a different intention 
appears, the repeal shall not a ffect the continuance of any 
such amendment was in force at the time of the repeal. 
 
Construction of reference 
to repealed enactments. 
24. Where a Meghalaya Act, Ordinance or Regulation repeals 
and re-enacts, with or without modification, any provision 
of a former enactment, then references in any other 
enactment to the provision so repealed, shall unless a 
different intention appears, be constructed as references to 
the provision so re-enacted. 
 
Revival of repeal 
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 an enactment ceases to have an 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 andy 
any such penalty, forfeiture o
r punishment may be 
imposed as if the Act had not expired. 
 
 
CHAPTER V 
Powers 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. 
 
 
Power incidental 
for effective 
exercise of powers 
granted
. 
28. Where, by any enactment, a power is conferred on any 
person or functionary to do or enforce the doing of any act 
or thing, all such powers shall 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 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 
intention appears, the authority having for the time being 
power to make the appointment shall also have power 
suspend or dismiss any person appointed whether by itself 
or by any other  authority in exercise of that power. 
 
 
   
 
 
  
Substitution  of 
function 31.  In any enactment, 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 
functions of an office, mention the official title of the 
officer who is, at the time o f 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 
functionaries or of corporations having perpetual 
succession, to express its relation to the functionaries or 
corporations. 
 
 
Official  
Chiefs     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 that 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 respe ct 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 there under 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, 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 effe
ct till the 
commencement of the enactment. 
 
Power to make 
rules,etc., includes 
power to add,amend, 
vary or rescued 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, notifications, orders, schemes, forms or bye-laws 
so issued in the same manner and subject to the same 
sanction and conditions(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 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:- 
 
(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 exerci se 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.  
 
 
Continuation of 
appointments, rules, 
etc., issued under 
enactment repealed 
and re-enacted. 
37. Where, nay enactment is repealed and re -enacted with or 
without modification, then, unless it is otherwise expressly 
provided, any appointment, rule, notification, order, 
schemes, form or bye -law made or issued under the 
repealed enactment, shall 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, rule, notification, order, scheme, 
form or bye -law made or issued under the provisions so 
re-enacted. 
 
 
Construction of 
rules , notifications, 
etc., issued under 
enactments. 
38. Where, by any enactment, a power issue any rule, 
notification, order, scheme, form or bye -law is conferred, 
then , expressions used in the rule, notification, order, 
scheme, form or by - law shall unless  a different intention 
appears, have the same respective meanings as in the 
enactment conferring the power. 
 
 
 
                                                 
1 Inserted by Amendment Act No. 3 of 1993, Sec 2 . Earlier the word read as “ (2) If any rule is not laid before the Legislative Assembly in 
accordance with the provisions of sub -section (1) is shall, on the expiry of two successive sessions immediately following the publication of the 
rule, cease to have effect, without prejudice to the validity of anything previously done under that rule.” 
Publication and 
commencement 
of 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 published in the official Gazette.  
 
 
Laying of 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 Legislative Assembly 
makes any modification 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 of no effect as the case may be, so, however, that any such 
modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule.  
 
1*“(2) Every rule mad e by the Government of Meghalaya under any 
Central Act applying in the State shall be laid as soon as may be after it 
is made before the Legislative Assembly of Meghalaya and the 
provisions of sub- section (1) shall apply as they provisions of sub -
section (1) shall apply as they apply in the case of a rule made under any 
State enactment.” 
  
                                              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. 
  
Recovery of  
fines.  
42. Sections 63 to 70 of the Indian Penal Code and as far as may be 
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 there under, unless the 
enactment, rule or bye -law contain an express provision to the 
country.  
 
Meaning of service 
by post  
 
43. Where, any enactment authorises 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, pre -paying and 
posting by registered post, a letter containing the document, and, 
at the time at which the letter would be delivered in the ordi nary 
course of post.  
 
 
 
 
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE 
SUBSEQUENT AMENDMENTS TO THE MEGHALAYA INTERPRETATION AND GENERAL 
CLAUSES ACT, 1972 (ACT NO. 3 OF 1992) AMENDED AND UPDATED UPTO THE YEAR 1992.  

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