The ORISSA GENERAL CLAUSES ACT, 1937

Orissa  Act 1 of 1937
*THE ORISSA GENERAL CLAUSES ACT, 1937
[The assent of the Governor to the Act was published in the Orissa Gazette of the
29th October 1937.]
An Act for Facilitating the Interpretation of Orissa Acts and for shortening the
Language used Therein.
WHEREAS it is expedient to facilitate the interpretation of Orissa Acts and to
shorten the language used therein; It is hereby enacted as follows:-
PRELIMINARY
1.Short title:-(1) This Act may be called the Orissa General Clauses Act, 1937.
(2) It shall come into force at once.
2.Definitions:-  In this Act and in all Orissa Acts unless there is anything
repugnant in the subject or context-
(1)"abet". with its grammatical variations and cognate expressions shall have
the same meaning as in the Indian Penal Code (Act 45 of 1860)
(2) "act", used with reference to an offence or civil wrong, shall include a series
of acts; and words which refer to acts done and shall extend also to illegal omissions;
(3) "affidavit" shall include affirmation and declaration in the case of persons by
law allowed to affirm or declare instead of swearing;
(4) "barrister" shall mean a barrister of England or Ireland or a member of the
Faculty of Advocates in Scotland;
(5) "Biritish Possession"  shall mean any part of His Majesty's dominions,
exclusive of the United Kingdom, and, where parts of those dominions are under both
a central and a local legislature, all parts under the central Legislature shall, for the
purposes of this definition, be deemed to be one British possession;
(6) "Chapter" shall mean a Chapter of the Act in which the word occurs;
(7) "Collector" shall mean the chief officer in charge of the revenue administration
of a district and shall include a Deputy Commissioner;
* Published vide Orissa gazette Ext. dated 29.10.1937.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
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(8) "commencement", used with reference to an Act, shall mean the day on
which the Act comes into force;
(9) "Consular Officer" shall include consul-general, consul, vice-consul, consular
agent, pro-consul, and any person for the time being authorized to perform the duties of
consul-general, consul, vice-consul or consular agent;
(10) "District Court" shall mean the principal Civil Court of original jurisdiction
of a district: but shall not include a High Court in the exercise of its ordinary or
extraordinary original civil jurisdiction;
(11) "District Judge" shall mean the Judge of a District Court;
(12) "document" shall include any matter written, expressed or described upon
any substance by means of letters, figures or marks or by more than one of those
means, which is intended to be used, or which may be used for the purpose of recording
that matter;
(13) "enactment" shall include a Regulation (as hereinafter defined) and any
Regulation of the Bengal Code, and shall also include any provision contained in any
Act or in any such Regulation as aforesaid;
(14) "father", in the case of anyone whose personal law permits adoption, shall
include an adoptive father;
(15) "financial year" shall mean the year commencing on the first day of April;
(16) "Gazette" shall mean the Official Gazette of the Province.
(17) 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;
(18) "Government" or "the Government" shall include the Provincial Government
as well as the Central Government;
(19) "High Court", used with reference to civil proceedings, shall mean the
highest Civil Court of appeal in the part of Orissa in which the Act containing the
expression operates;
(20) "His Majesty" or "the King" shall include his successors;
(21) "immovable property" shall include land, benefits to arise out of land, and
things attached to the earth, or permanently fastened to anything attached to the earth;
(22) "imprisonment" shall mean imprisonment of either description as defined in
the Indian Penal Code; (Act45 of 1860.)
(23) "Local authority" shall mean a Municipal Committee, District Board, or any
other authority entrusted by any Government with, or legally entitled to, the control of
management of a municipal or local fund; (Act 5 of 1898.)
(24) "Magistrate" shall include every person exercising all or any of the powers
of a Magistrate under the Code of Criminal Procedure for the time being in force;
(25) "master", used with reference to a ship, shall mean any person (except a
pilot or harbour master) having for the time being control or charge of the ship;
(26) "month" shall mean a month reckoned according to the British calendar;
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(27) " movable property"  shall mean property of every description except
immovable property;
(28) "notification" shall mean a notification in the Gazette;
(29) "oath" shall include affirmation and' declaration in the case of persons by
law allowed to affirm or declare instead of swearing;
(30) "offence" shall mean any act or omission made punishable by any law for
the time being in force;
(31) "Orissa Act" shall mean an Act made by the Provincial Legislature or the
Governor of Orissa under the Government of India Act, 1935 or by the Legislature of the
State of Orissa under the Constitution.
(32) "Part" shall mean a part of the Act or Regulation in which the word occurs;
(33) "person" shall include any company or association or body of individuals,
whether incorporated or not;
(34) "Political Agent" shall mean-
(a) the principal officer representing the Crown in any territory or place
beyond the limits of British India, and
(b) any officer appointed to exercise all or any of the powers of Political
Agent for any place not forming part of British India under the law for the
time being in force relating to foreign jurisdiction;
(35) "public nuisance" shall mean a public nuisance as defined in the Indian
Penal Code; (Act 45 of 1860.)
(36) "registered", used with reference to a document, shall mean registered in a
Part A State or a Part C State under the law for the time being in force for the registration
of documents;
(37) "Regulation" shall mean a Regulation made under the Government of India
Act, 1870, the Government of India Act, 1915, or the Government of India Act 1935.
(38) "Revenue Commissioner" shall mean the Revenue Commissioner for Orissa;
(39) "rule" shall mean a rule made in exercise of a power conferred by any
enactment, and shall include a regulation made as a rule under any enactment;
(40) "schedule" shall mean a schedule to the Act or Regulation in which the
word occurs;
(41) "section" shall mean a section of the Act or Regulation in which the word
occurs;
(42) "ship" shall include every description of vessel used in navigation not
exclusively propelled by oars;
(43) "sign" with its grammatical variations and cognate expressions, shall, with
reference to a person who is unable to write his name, include "mark" with its grammatical
variations and cognate expressions;
(44) "son", in the case of anyone whose personal law permits adoption, shall
include an adopted son;
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1[(44-a) "Sub-Collector" shall mean the chief officer In-charge of the Revenue
Adminstration of the sub-division;
(44-b) "Subdivisional Officer" shall mean the Sub-collector.]
(45) "sub-section" shall mean a sub-section of the section in which the word
occurs;
(46) "swear", with its grammatical variations and cognate expressions, shall
include affirming and declaring in the case of persons by law allowed to affirm or declare
instead of swearing;
(47) "value", used with reference to a suit, shall mean the amount or value of the
subject-matter of the suit, computed according to the law for the time being in force
regulating the valuation of suits for purposes of jurisdiction;
(48) "vessel" shall include any ship or boat or any other description of vessel
used in navigation;
(49) "will" shall include a codicil and every writing making a voluntary
posthumous disposition of property;
(50) expressions referring to "writing" shall be construed as including references
to printing, lithography, photography and other modes of representing or reproducing
words in a visible form; and
(51) "year" shall mean a year reckoned according to the British calendar.
GENERAL RULES OF CONSTRUCTION
3. Coming into operation of Acts.:- (1) Where any Orissa Act is not expressed to
come into operation on a particular day, then it shall come into operation, if it is an Act
of the Legislature, on the day when the assent thereto of the Governor , the Governor
General, or His Majesty, as the case may require, is first published in the Gazette and, if
it is an Act of the Governor, on the day on which it is first published as an Act in the
Gazette.
(2) Unless the contrary is expressed, an Orissa Act shall be construed as coming
into operation immediately on the expiration of the day preceding its commencement.
4.Printing of date on which Act is published.:- In every Orissa Act the date of
such publication as is mentioned in subsection (1) of section 3 shall be printed either
above or below the title of the Act and shall form part of the Act.
5.Effect of repeal.:- Where any Orissa Act repeals any enactment hitherto made,
or hereafter to be made, then, unless a different intention appears, the repeal shall not-
(a) revive anything not in force or existing at the time at which the repeal
takes effect; or
(b) affect the previous operation of any enactment so repealed or anything
duly done or suffered thereunder; or
(c) affect any right, privilege, obligation, or liability acquired, accrued or
1.  Substituted vide Orissa Act 16 of 1988, Dt.02.11.1988 .
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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 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.
6. Revival of repealed enactments.:- In any Orissa Act it shall be necessary, for
the purpose of reviving, either wholly or partially any enactment wholly or partially
repealed expressly to state that purpose.
7. Repeal of Act making textual amendment in Act or regulation.:- Where any
Orissa Act repeals any enactment by which the text of any, enactment was amended by
the express omission, insertion or substitution of any matter , then unless a dif ferent
intention appears, the repeal shall not affect the continuance of any such amendment
made by the enactment so repealed and in operation at the time of such repeal.
8. Construction of references to repealed enactments.:- Where any Orissa Act
repeals and re-enacts, with or without modification, any provision of a former enactment,
references in any other enactment or in any instrument to the provision so repealed
shall, unless a different intention appears, be construed as references to the provision
so re-enacted.
9. Commencement and termination of time.:- In any Orissa Act it shall be
sufficient, for the purposes of excluding the first in a series of days or any other period
of time, to use the word "from" and, for the purpose of including the last in a series of
days or any other period of time, to use the word "to".
10. Computation of time.:- Where, by any Orissa Act, any Act or proceedings
directed or allowed to be done or taken in any Court or office on a certain day or within
a prescribe period, then, if the Court or office is closed on that day on the last day of the
prescribed period, the act or proceeding shall be considered as done or taken in due
time if it is done or taken on the next day afterwards on which the Court or office is open:
Provided that nothing in this section shall apply to any act or proceeding to
which the Indian Limitation Act, 1980, applies.
11. Measurement of distances:- In the measurement of any distance, for the
purposes of any Orissa Act, that distance shall, unless a different intention appears, be
measured in a straight line on a horizontal plane.
12. Duty to be taken pro rata in enactments.:- Where by any enactment now in
force or hereafter to be in force, any duty of customs or excise., or in the nature thereof,
is leviable on any given quantity , by weight, measure or value of any goods or
merchandise, then a like duty is leviable according to the same rate on any greater or
less quantity.
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13.Gender and number:- In all Orissa Acts, unless there is anything repugnant
in the subject or context,-
(1) words importing the masculine gender shall be taken to include females; and
(2) words in the singular shall include the plural and vice versa.
POWERS AND FUNCTIONARIES
14.When powers and duties to be exercised and performed:- Where an Orissa
Act confers a power or imposes a duty, then the power may be exercised and the duty
shall be performed from time to time as occasion requires.
15. Exercise of power and performance of duty by temporary holder of office:-
Where an Orissa Act confers a power or imposes a duty on the holder of an office, as
such, then the power may be exercised and the duty shall be performed by the holder for
the time being of the office.
16. Power to appoint to include power to appoint ex officio:-  Where, by an Orissa
Act, a power to appoint any person to fill any office or execute any function is conferred,
then, unless it is otherwise expressly provided, any such appointment may be made
either by name or by virtue of office.
17. Power to appoint to include power to suspend or dismiss:- Where, by any:
Orissa Act, a power to make any appointment is conferred, then unless a dif ferent
intention appears, the authority having power to make the appointment shall also have
power to suspend or dismiss any person appointed by it in exercise of that power.
18. Substitution of functionaries:- In any Orissa Act it shall be sufficient, for the
purpose of indicating the application of a law to every person or a number of persons
for the time being executing the functions of an office, to mention the official title of the
officer at present executing the functions, or that of the officer by whom the functions
are commonly executed.
19. Successors:- In any Orissa Act it shall be suf ficient, 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.
20. Official chiefs and subordinates:- In any Orissa Act 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 prescribe the duty of the superior.
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER
ENACTMENTS.
21. Construction orders etc., issued under enactments:- Where, by any Orissa
Act, a power to make or issue any notification, order, scheme, rule, by-law or form is
conferred, the expressions used in the notification, order, scheme, rule, by-law or form,
shall, unless, there is anything repugnant in the subject or context, have the same
respective meanings as in the Act conferring power.
22. Power to make to include power to add to, amend, vary or rescind, orders,
rules or by-laws:- Where, by an Orissa Act, a power to mate or issue notifications,
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orders, schemes, rules, by-laws or forms, is conferred, then that power includes a power
exercisable in the like manner and subject to the like sanction and conditions, (if any) to
and to, amend, vary or rescind any notifications, orders, schemes, rules, by-laws or
forms so made or issued.
23. Making of rules or bylaws and issuing of orders between passing and
commencement of enactment :- Where, by any Orissa Act, which is not to come into
operation on the passing, thereof, a power is conferred to make rules or by-laws or to
issue orders with respect to the application of the Act or with respect to the establishment
of any Court or office or the appointment of any Judge or of ficer thereunder, or with
respect to the person by whom or the time when, or the place where, or the manner in
which, or the fees for which, anything is to be done under the Act, then power may be
exercised at any time after the passing thereof, but rules, by-laws or orders so made or
issued shall not take effect till the commencement of the Act.
24. Provisions applicable to making of rules or by-laws after previous publication
:- Where, by any Orissa Act, a power to make rules or by-laws is expressed to be given,
subject to the condition of the rules or by-laws being made after previous publication,
then the following provisions shall apply, namely:-
(1) the authority having power to make the rules or by-laws shall, before making
them, publish a draft of the proposed rules or by-laws for the information of persons
likely to be affected thereby;
(2) the- publication shall be made in such manner as that authority deems to be
sufficient, or, if the condition with respect to previous publication so requires in such
manner as the Central Government or as the case may be, the State Government
prescribes;
(3) there shall be published with the draft a notice specifying a date on or after
which the draft will be taken into consideration;.
(4) the authority having power to make the rules or by-laws, and, where the rules
or by-laws are to be made with the sanction, approval or concurrence of another authority,
that authority also, shall consider any objection or suggestion which may be received
by the authority having power to make the roles or by-laws from any person with
respect to the draft before the date so specified;
(5) the publication in the Gazette of a rule or by-law purporting to have been
made in exercise of a power to make rules or by-laws after previous publication shall be
conclusive proof that the rule or by-law has been duly made.
25. Continuation of orders, etc., issued under enactments, repealed and re-
enacted :- Where any enactment is repealed and re-enacted by an Orissa Act with or
without modification, then, unless it is otherwise expressly provided any appointment,
notification, order, scheme, role, by-law or form, made or issued under the repealed
enactment, shall, so far as it is not inconsistent with the provisions reenacted, continue
in force and be deemed to have been made or issued under the provision is so re-
enacted, unless and until it is superseded by any appointment, notification, order ,
scheme, rule, by-law or form, made or issued under the provision so re-enacted.
26. Publication of orders and notifications in the Gazette:- Where in any Orissa
Act or in any rule made under any such Act, it is directed that any order, notification or
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other matter shall be notified or published, such notification or publication shall, unless
the Act otherwise provides, be deemed to be duly made if it is published in the Gazette.
MISCELANEOUS
27. Recovery of fines:- Sections 63 to 70 of the Indian Penal Code and the
provisions of the Code of Criminal Procedure for the time being in force in relation to the
issue and the execution of warrants for the levy of fines shall apply to all fines imposed
under any Orissa Act, or any rule or by-law made under any Orissa Act, unless the Act,
rule or by-law contains an express provision to the contrary.
28. Provision as to offences punishable under two or more enactments:- Where
an act or omission constitutes an offence under two or more enactments, the offender
shall be liable to be prosecuted and punished under either or any of those enactments,
but shall not be liable to be punished twice for the same offence.
29. Meaning of service by post :- Where any Orissa Act authorizes or requires
any document to be served by post whether the expression "serve" or either of the
expressions "give" or "send" or any other expression is used, then, unless a different
intention appears, the service shall be deemed to be effected by properly addressing,
prepaying, and posting by registered Post a letter containing the documents and, unless
the contrary is proved to have been effected at the time at which the letter would be
delivered in the ordinary course of post.
30. Citation of enactments:- (1) In any Orissa Act and in any rule by-law ,
instrument or document made under, or with reference to, any Orissa Act, any enactment
may be cited by reference to the title or short title (if any) conferred thereon, or by
reference to the number and year thereof, and any provision in an enactment may be
cited by reference to the section or sub-section of the enactment in which the provision
is contained.
(2) In any Orissa Act a description or citation of a another enactment shall,
unless a different intention appears, be construed as including the word, section or
other part mentioned or referred to as forming the beginning and as forming the end of
the portion comprised in the description or citation.
31. Saving of previous enactments rules and bylaws:- Where any Act, rule or
by-law made after the commencement of this Act continues or amends any Acts, rules
or by-laws made before the commencement of this Act, the foregoing sections of this
Act shall not, by reason merely of such continuance or amendment affect the construction
of such Acts, rules or by-laws.
32. Application to Ordinances and Regulations under the Government of India
Act, 1935:-The provisions of this Act shall apply-
(a) in relation to any Regulation made by the Governor of Orissa under the
section 92 of the Government of India Act, 1935, as they apply in relation
to Acts made by the Provincial Legislature of Orissa; and
(b) in relation to any Ordinance promulgated by the Governor under section
88 or section 89 of the said Act, as they apply in relation to Acts made
under that Act by the Governor.
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