The Meghalaya Interpretation and General Clauses Act No. 7 of 1972
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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 Construction of reference to repealed enactments.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 Constitution of appointments, rules, etc, issued under enactment repealed and re- enacted.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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