LexThe Telangana General Clauses Act, 1308 Fasli.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA GENERAL CLAUSES ACT, 1308 F.
(ACT NO. III OF 1308 F.)
ARRANGEMENT OF SECTIONS
Sections
PRELIMINARY
1. Short title, extent and commencement.
1-A. Application of Act.
GENERAL DEFINITIONS.
2. Definitions.
2-A. Omitted.
APPLICATION OF ACTS
3. Extent.
4. Construction of references to repealed enactments.
5. Commencement and termination of time.
6. Computation of time.
7. Measurement of distances.
8. Duty to be taken prorata in enactment.
POWERS AND FUNCTIONARIES
9. Powers conferred shall be exercisable from time to
time.
10. Power to appoint includes power to appoint ex-
officio.
11. Exercise of powers in case of transfer from one
office to another.
12. Power to appoint includes power to suspend or
dismiss.
13. Substitution of functionaries.
2 [Act No. III of 1308 F.]
14. Successors.
PROVISIONS AS TO ORDERS AND RULES MADE
UNDER ENACTMENTS.
15. Power to make rules etc., includes power to add,
vary or rescind them.
16. Making and issuing of rules etc., between passing
and enforcement of enactments.
17. Provisions to make rules, etc., after previous
publication.
18. Construction of orders, etc., issued under
enactments.
19. Continuation of rules etc., issued under enactments
repealed.
MISCELLANEOUS
20. Recovery of fines.
21. Provision as to offences punishable under two or
more enactments.
22. Citation of enactments.
23. Appeal against orders of punishment.
THE TELANGANA GENERAL CLAUSES ACT, 1308 F.1
ACT No. III OF 1308 F.
PRELIMINARY.
1. This Act may be called 2[the Telangana General
Clauses Act, 1308 F.] and shall come into force at once in
2[the whole of the State of Telangana].
1-A. This Act shall apply to every Hyderabad law as defin ed
in clause (1-a) of section 2.
GENERAL DEFINITIONS.
2. In this Act and in all Hyderaba d laws as defined in
clause (1 -a), unless there is any thing repugnant in the
subject or context,–
(1) “Constitution” means the Constitution of India;
(1-a) “Hyderabad law” means,-
(i) an Act of the Legislature established for the pre -
Reorganisation Hyderabad State by the Constitution,
including an Act made under Article 385 thereof;
(ii) an Act made before the commencement of the
Constitution by the Legislative Council or the Legislative
1. The Andhra Pradesh (Telangana Area) General Clauses Act, 1308F. in
force in the combined State, as on 02.06.2014, has been adapted to the
State of Telangana, under se ction 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F)
Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Application of Act.
Definitions.
“Constitution”.
“Hyderabad law”.
2 [Act No.III of 1308 F.]
Assembly in existence in the pre -Reorganisation Hyderabad
State at the time of making of the Act;
(iii) a Regulation including an A ct made by H.E.H. the
Nizam before the 18th day of September, 1948; and
(iv) a Regulation made by H.E.H. the Nizam, the
Military Govern or or the Chief M inister of the pre -
Reorganisation Hyderabad State on or after the said date
but before the commencement of the Constitution;
Explanation:- In this Act and in all Hyderabad laws
whose authoritative text i s in Urdu, the Urdu expression
“Qanoon” shall be deemed t o have the meaning assigned
to “Hyderabad law” in this clause];
(2) the word “Part” when used with respect to any Act
shall mean a part of the Act in which the word is used;
(3) the word “Chapter” when used with respect to any
Act shall mean a chapter of the Act in which the word is
used;
(4) the word “Section” when used with respect to any
Act shall mean a section of the Act in which the word is
used;
(5) the word “Sub-section” when used with respect to
any section shall mean a sub-section of the section in which
the word is used;
(6) the word “Schedule” shall mean a Schedule to the
Act in which the word is used;
(7) (i) “Pre-Reorganisation Hyderabad State ” shall
mean,-
“Part”
“Chapter”
“Section”
“Sub-section”
“Schedule”
“Pre-
Reorganisation
Hyderabad State”
[Act No.III of 1308 F.] 3
(a) as respects any period before the
commencement of the Constitution, the territory comprised
in the Indian State of Hyderabad;
(b) as respects any period after the commencement
of the Constitution , the territories of the State of Hyderabad
as specified in Part B of the First Schedule to the
Constitution before the commencement of the States
Reorganisation Act, 1956.
Explanation.- In all Hyderabad laws whose authoritative
text is in Urdu, any refer ence in Urdu to “Mumalik-i-
Mahroosa-i-Sarkar-i-Aali” (H.E.H. the Nizam’ s Dominions),
and in all Hyderabad laws whose authoritative text is in
English, any reference to “the Hyderabad Stat e” or “the
State of Hyderabad ” shall be deemed to be references to
the pre-Reorganisation Hyderabad State;
(ii) Hyderabad area of the State of Andhra Pradesh
means the territories transferred from the pre -
Reorganisation Hyderabad State to the State of Andhra
Pradesh under section 3 of the States Reorganisation Act,
1956;
(7-A) the word “Balda” shall mean the city of
Hyderabad and shall also include suburbs;
(8) the word “district” shall also extend to the city and
suburbs; and the Board of Revenue, or any authority whom
the Government may appoint shall exercise the powers of a
District Collector for the city and suburbs;
(9) “Government” means the State Government as
defined in clause (60) of section 3 o f the General Clauses
Act, 1897.
Central Act 37 of 1956.
Hyderabad area
of the State of
Andhra Pradesh.
Central Act 37 of 1956.
“Balda”
“District”
“Government”
Central Act 10 of 1897.
4 [Act No.III of 1308 F.]
Explanation:- In all Hyderabad laws whose authoritative
text is in Urdu, any refe rence in Urdu to “Sarkar -i-Aali” shall
be deemed to be a reference to Government;
(10) “Principal Revenue Department ” shall mean the
Board of Revenue, or the department vested with powers of
the Board of Revenue, in r eference to which the words
“Principal Revenue Department” are used;
(11) the words “Local Authority ” shall mean a
municipal committee, local fund committee, or such other
committee which may be entitled to expend and control any
local income according to law;
(12) “Collector” means the Chief Officer in charge of
the revenue administration of a district;
Explanation:- ln all Hyderabad laws any reference to
“Talukdar” or “Awal Talukda r” (first Talukdar), shall be
deemed to be references to the Collector;
(13) “District Court” shall mean the principal Court of
original jurisdiction in a district;
(14) “Magistrate” shall include every person exercising
all or any of the powers of a Magistrate under the *Code of
Criminal Procedure, 1898, for the time being in force;
(15) “Official Gazette” means the Government Gazette
which is published under the orders of the Government;
Explanation.- In all Hyderabad laws, for the time being
in force, any references to “Jarida” “Jarida Alamia ” or
“Jarida-Alamia Sarkar-i-Aali” shall be deemed to be
references to the Official Gazette;
* Now see the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
“Principal
Revenue
Department”
“Local Authority”
“Collector”
“District Court”
“Magistrate”
Central Act 5 of 1898.
“Official Gazette”
[Act No.III of 1308 F.] 5
(16) the word “Notification” shall mean a notification
published in the Official Gazette by a lawful order;
(16-A) the word “Order” shall mean an order given by a
Government servant in exercise of any power vested in him
by law;
(17) the word “Rule” shall mean a rule made in
accordance with the power conferred by any law;
(17-A) the words “Government Servant ” shall include
every person who receives a monthly pay or remuneration
from the Government, or who receives any wages for
Government work, or who does an y Government work
without wages;
Explanation.- (1) Railway employees, members and
servants of municipal committees shall also be considered
as Government servants;
Explanation.- (2) Wherever the expression
“Government servant” occurs, it applies to every person
who is virtually holding the office of a Government servant,
whatever defect there might be in his right to hold that post;
(17-B) the words “act of a Government servant” shall
mean an act which he may do in the official capacity;
(18) the words “Order of a Government servant ” shall
mean only the order made by a Government servant in the
exercise of his official powers virtually vested in him or which
he believes in good faith to vest in him and has not been
cancelled by any other order;
(19) the word “power” means a legal power;
“Notification”
“Order”
“Rule”
“Government
Servant”
“Act of a
Government
servant”
“Order of a
Government
servant.”
“Power”
6 [Act No.III of 1308 F.]
(19-A) the word “property” shall extend to both
immovable and movable;
(20) the words “immovable property” shall include land
rights of benefits arising out of land and all things attached
to the earth, or permanently fastened to any thing attached
to the earth so long as it is thus attached or fastened;
(21) the words “movable property” shall mean property
of every description other than immovable property;
(21-A) the word “goods” shall not extend to immovable
property;
(22) “rupee” means a rupee in I. G. currency and
fractional denominations of a rupee shall be construed
accordingly;
(23) the word “writing” and the expressions including
the word “writing” shall include impression of every kind and
every mode by which words are represented on any
material substance;
(24) the word “signature” and the expressions
including the word “signature” shall, when used with respect
to any person who is unable to write his name, include the
mark of his seal, or any other “mark”;
(25) the word “document” shall include any matter
recorded in writing by such means as are intended t o be
used, or which may be used, for the purpose of r ecording
that matter;
(25-A) the words “valuable security ” shall mean a
document which is or purports to be a document whereby
any legal right is created, extended, transferred, restricted,
extinguished, or released or whereby any person
“Property”
“Immovable
property”
“Movable
property”
“Goods”
“Rupee”
“Writing”
“Signature”
“Document”
“Valuable
security”
[Act No.III of 1308 F.] 7
acknowledges that he is legally liable o r that a certain legal
right does not belong to him;
(25-B) the word “bond” shall also include a document
whereby a person promised to another to make payment of
money on condition that, if a particular act is done or a
particular act is not done, the said promise shall become
void;
(26) the word “will” shall include a codicil and every
writing having a mention of a voluntary posthumous transfer
or disposition of any property;
(26-A) “registered” used with reference to a document,
shall mean, in relation to any period before the first day of
November 1956, registered in the pre -Reorganisation
Hyderabad State, and in relation to any period commencing
on or after that day, registered in the area to which this Act
extends;
(27) the word “oath” shall include affirmation and every
declaration of the person by law allowed to affirm or declare
instead of swearing;
(28) the word “affidavit” means the statement made in
writing and certified by oath before an officer of a court or
other authority;
(29) The word “act” when used with respect to an
offence or wrong for which a suit for damages can be
instituted shall include a series o f acts; and words which
refer to acts done shall also extend to illegal omissions;
(30) The word “offence” shall mean any act or
omission made punishable under any law by a Criminal
Court;
“Bond”
“Will”
“Registered”
“Oath”
“Affidavit”
“Act”
“Offence”
8 [Act No.III of 1308 F.]
(31) The word “abet” and its derivatives shall be used
in the same meaning as in the Indian Penal Code, 1860;
(32) The word “illegal” applies to everything which is an
offence or which is prohibited by law, or which forms a
ground for a civil action;
(33) The words “legally bound to do” may be used in
respect of a person when its omission by him is illegal;
(34) The word “injury” means every kind of damage
illegally caused to any person in body, mind, reputation or
goods;
(35) The words “public nuisance” shall mean a public
nuisance as defined in the lndian Penal Code, 1860;
(36) An act shall be deemed “to be done in good faith ”
also in the case where it is in fact done in good faith even
though it is done negligently;
(37) The word “imprisonment” shall include both
rigorous imprisonment and simple imprisonment;
(38) “Financial Year ”, “m onth” and “year” shall have
the meaning respectively assigned to them in clauses (21),
(35) and (66) of section 3 of the General Clauses Act , 1897
(Central Act 10 of 1897);
3[(39) [XXX]]
(40) The words importing the singular number shall
also extend to the plural number;
3. Clause (39) was omitted by the A.P Adaptation of Laws Order, 1957.
“Abet”
Central Act 45 of 1860.
“Illegal”
“Legally bound to
be”
“Injury”
“Public nuisance”
Central Act 45 of 1860.
“An act to be
done in good
faith”
“Imprisonment”
Financial Year,
month and year.
“Singular and
plural”
[Act No.III of 1308 F.] 9
(41) The words importing the masculine gender shall
also extend to the feminine gender;
(42) The word “public” extends to every community of
public or class of people;
(43) The word “ person” shall include any compa ny or
association or body of persons, whether incorporated or
not;
(43-A) The word “minor” means a person the
eighteenth year of whose age has not been completed;
(44) The word “father” shall include every such person
in whose personal law adoption is permitted and who has
adopted;
(45) The word “son” shall include every such person in
whose personal law adoption is permitted and who has
been adopted;
(45-A) The word “cattle” shall include elephant, camel,
bullock, buffalo, horse, pony, mule, ass, pig, ram and goat;
(46) The word “vessel” shall include every ship or boat,
or other description of vessels which may be used in
navigation;
4[2-A. [XXX]].
4. Section 2-A was omitted by the A.P Adaptation of Laws Order, 1957.
“Masculine and
feminine”
“Public”
“Person”
“Minor”
“Father”
“Son”
“Cattle”
“Vessel”
10 [Act No.III of 1308 F.]
APPLICATION OF ACTS.
3. Unless a different intention appears,-
(1) every Act shall extend to the whole of the area to
which this Act extends;
(2) every Act shall come into operation after one month
from the date of publication thereof in the Official Gazette;
(3) when an Act comes into operation all those
enactments and parts of enactments shall be repealed the
subject of which has been merely repeated in, or is
absolutely contradictory to that Act;
(4) by a repeal of any Act the enactments and orders
which might have been repealed thereby shall not come into
operation;
(5) a repeal of any Act shall not affect,-
(a) the previous operation of any repealed enactment
or anything established by that enactment or duly done; or
(b) any right, privilege, obligation or liability accrued
or incurred under any repealed enactment; or
(c) any penalty, forfeiture or punishment incurred in
respect of any offence committed against any repealed
enactment; 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 shall be instituted, continued or enforced, and any
“Extent” Extent
Coming into
operation of Acts.
Repeal.
Repeal shall not
revive enactment.
Effect of repeal.
[Act No.III of 1308 F.] 11
such penalty forfeiture or punishment shall be so imposed
as if the enactment had not been repealed.
4. Where any provision of an Act is repealed and it is re -
enacted in the repealing Act without any change in the
objective, the references in any other enactment or
instrument in respect of the provi sion so repealed shall,
(unless a different intention appears) be the reference in
respect of the provision so re-enacted.
5. (1) If any period of 5[time] is mentioned the day from
which it is stated to commence shall not be included in the
time but the day upto which it is stated to last shall be
included therein;
(2) If any amount or quantity is mentioned, it shall
include the highest limit expressed therein.
6. Where, by any Act, an act or proceeding is done, or
allowed in any Court or office on a certain date or within a
prescribed period, then, if the said Court or Office is closed
on that date or on the last day of the prescribed period, the
act or proceeding shall be considered as done or taken on
the due date or in due time if it is done on the day on which
the said Court or Office is open.
7. Measurement of a distance for the purposes of any Act
shall, unles s a different intention appears, be made in a
straight line on a plane.
8. Where, by any Act, any duty of excise or in the nature
thereof is leviable on a certain quantity, by weight, measur e
or value, of grains or marchandise then a like duty shall,
unless a different intention appears, be leviable at the same
rate in proportion to the quantity.
5. As amended by Act No.VI of 1310 F.
Construction of
references to
repealed
enactments.
Computation of
time.
Measurement of
distances.
Commencement
and termination of
time.
Duty to be taken
prorata in
enactment.
12 [Act No.III of 1308 F.]
POWERS AND FUNCTIONARIES
9. Where, by any Act, any power is conferred, that power
may be exercised from time to time as occasion requires.
10. Where, by any Act, a power to confer any authority or
to make an appointment to fill any office or execute any
function is conferred , then, unless it is otherwise expressly
provided, such authority may be given, or such appointment
may be made, either by name or by virtue of office; and
every such authority or appointment shall take effect from
the date on which in timation thereof reaches the person
appointed and, where the appointment is made by
notification in the Official Gazette from the date of its
publication in the Official Gazette;
Explanation:- The power to confer authority includes
the power to cancel or modify authority conferred.
11. When any Government servant is invested with powers
within an area or land, and is transferred to any other office
of a like nature either e qual to, or higher than the office
aforesaid, then unless it is otherwise directed, the said
person may exercise the same powers in the area of land to
which he is transferred.
12. Where, by any Ac t, a power to make any appointment
is conferred on any officer, then, unless it is otherwise
expressly provided, he shall also have power to suspend or
dismiss any person appointed in exercise of that power.
13. In any Act, it shall be sufficient, for the purpose of
indicating that a law relates to every person or persons for
the time being exercising the powers in an office, to mention
the designation of the officer at the time or generally
exercising the said powers.
Powers conferred
shall be
exercisable from
time to time.
Power to appoint
includes power to
appoint ex-officio.
Exercise of
powers in case of
transfer from one
office to another.
Power to appoint
includes power to
suspend or
dismiss.
Substitution of
functionaries.
[Act No.III of 1308 F.] 13
14. The law which applies to any officer shall also apply to
the successors of that officer and such of his deputies and
subordinates as may be lawfully discharging the duties of
that officer.
PROVISIONS AS TO ORDERS AND RULES MADE UNDER
ENACTMENTS.
15. Where, by any Act, a power to make orders, rules or
forms is conferred, then, such power shall be exercised in
accordance with the provisions of that Act, and the ru les
made shall be published in the Official Gazette and, on the
publication, shall have the force of law; and the aforesaid
powers shall also include the power to add, to vary or
rescind the orders, rules or forms made thereunder in such
manner and subject to such restrictions and conditions as
may be laid down in that Act.
16. Where, by any Act, which is not to come into operation
immediately on the passing thereof, a pow er is conferred to
make rules or to issue orders with respect to the appli cation
of the relevant Act, or with respect to the appointment of any
Judge or officer or with respect to the establishment of a
Court or officer, or with respect to the person by wh om or
the time when, or the place where, or the manner in which,
or the fees for which anything is to be done under the Act,
then, that power may be exercised at any time after the
passing of the Act; but rules, or orders so made and issued
shall not take effect till the commencement of the Act.
17. Where, by any Act, a power to make rules is given
subject to the condition of the rules being made after
previous publication, then, unless a contr ary intention
appears, the following provisions shall apply:-
Successors.
Making and
issuing of rules
etc., between
passing and
enforcement of
enactments.
Provisions to
make rules, etc.,
after previous
publication.
Power to make
rules etc.,
includes power to
add, vary or
rescind them.
14 [Act No.III of 1308 F.]
(1) the authority having power to make the rules shall,
before finally making them, publish a draft of the proposed
rules in the Official Gazette;
(2) there shall be published with the draft a notification
for a date after which the draft will be taken into
consideration; and that date shall not be within one month
from the date of publication of the notification;
(3) the authority having power to make the rules, and
where the rules are to be made with the sanction, approval
or concurr ence of another authority, that another authority
also, shall consider any objections and opinions which may
be received by the authority having power to make the rules
from any person with respect to the draft before that date
fixed; but no person shall be allowed to make an objection
to the effect that a certain objection or opinion has not been
considered.
18. Where, by any Act, a power to issue orders, rules or
forms is conferred, then expressions in such orders, rules or
forms shall, unless there is anything repugnant in the
subject or context, be taken to have the same meanings as
in the Act.
19. Where any Act is repealed and is enforced as a new
Act with or without modification, then, unless it is otherwise
expressly provided, any order, rule or form issued under the
repealed Act shall, so far as it is not inconsistent with the
provisions of the new Act, continue in force, and be deemed
to have been issued thereunder, unless and until it is
repealed by any order, rule, form or procedure issued under
the new Act.
Construction of
orders, etc.,
issued under
enactments.
Continuation of
rules etc., issued
under enactments
repealed.
[Act No.III of 1308 F.] 15
MISCELLANEOUS
20. The provisions of the Indian Penal Code, 1860 and the
Code of Criminal Procedure, 1898 relating to fines shall
apply to all fines imposed under any Act or rule, unless the
Act or rule contains an express provision to the contrary.
21. Where an act is an offence under two or more Acts, the
offender shall be liable to be punished under any of those
Acts; but shall not be liable to be punished separately un der
the two Acts for the same offence.
22. (1) Where any Act is to be cited, it may be cited with its
short title or its number and year.
(2) When a certain provision of an Act is cited, it may
be cited by reference to the sec tion and sub -section in
which the provision is contained.
(3) Where any portion of an Act is cited, the citation
shall, unless a contrary intention appears, be deemed to
include the words in the beginning and end of that portion.
23. Appeal against orders of punishment passed by the
Court or departmentally shall unless it is otherwise provided,
lie to the department immediately superior to the
department imposing the punishment.
* * *
Recovery of fines.
Central Act 45 of 1860.
Central Act 5 of 1898.
Appeal against
orders of
punishment.
Provision as to
offences
punishable under
two or more
enactments.
Citation of
enactments.