LexThe Telangana General Clauses Act, 1891.
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Open in Lexace · Ask the AI about this actTHE TELANGANA GENERAL CLAUSES ACT, 1891.
(ACT NO.I OF 1891.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and commencement.
2. Saving clause.
CHAPTER - I.
DEFINITIONS.
3. Definitions.
CHAPTER - II.
GENERAL PROVISIONS APPLICABLE TO FUTURE
ACTS.
4. Application of Chapter II to all future Acts.
5. Commencement of future Acts.
6. Making of rules and issue of orders between
passing and Commencement of Act.
7. Provisions regulating the making of rules after
previous publication.
8. Effect of repealing an Act.
8-A. Effect of repeal of Act making textual amendment in
previous Act.
9. Revival of repealed enactments.
10. Expressions used in rules, bye-laws and orders to
have same meaning as in Act under which they are
made or issued.
11. Necessary extension of prescribed periods.
2 [Act No. I of 1891]
CHAPTER - III.
GENERAL PROVISIONS APPLICABLE TO ALL
ACTS.
12. Application of Chapter III to all Acts.
13. When powers and duties to be exercised and
performed.
14. Exercise of power and performance of duty by
temporary holder of office.
15. Revocation and alteration of rules, bye-laws and
orders.
16. Duty leviable pro rata.
17. Mode of conferring powers and imposing duties.
18. References to provisions in Acts repealed and re-
enacted.
19. Recovery of fines.
20. Punishment for offences under more than one
enactment.
21. Publication of orders and notifications in the Official
Gazette.
22. Determination of the times at which Acts or
provisions of Acts extended or applied by
Government to certain places shall come into force.
CHAPTER - IV.
APPLICATION TO ORDINANCES AND
REGULATIONS.
23. Application of Act to Regulations and Ordinances.
THE TELANGANA GENERAL CLAUSES ACT, 1891.1
ACT No.I of 1891.
1. (a) This Act may be called 2[the Telangana General
Clauses Act, 1891]; and
(b) It shall come into force on the first day of January,
1892.
2. Notwithstanding anything contained in the Andhra
Pradesh (Andhra Area) General Clauses Act, 1867 , the
provisions of that Act shall not apply to this Act or to any Act
of the State of 2[Telangana] which may be passed
subsequent to the commencement of this Act.
CHAPTER - I.
DEFINITIONS.
3. In this Act and in every Act of the State of 2[Telangana]
made after the commencement of this Act, unless there be
something 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;
1. The Andhra Pradesh General Clauses Act, 1891 received the assent
of the Governor on the 3 rd April, 1891 and of the Governor General on
the 14 th May, 1891. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section
101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of
2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title.
Saving clause.
Commencement.
Definitions.
“Abet”
2 [Act No.I of 1891]
3[(1-a) “Andhra area ” shall mean the territories of the
State of Telangana, which immediately before the 1st
November, 1956, were comprised in the State of Andhra;
(1-b) “Act of the State of Telangana” shall mean,-
(i) an Act made by the Governor of Fort St. George in
Council under the Indian Councils Acts, 1861 to 1909 or any
of those Acts or the Government of India Act, 1915, or by
the Local Legislature or the Governor of the Presidency of
Madras under the Government of India Act, or by the
Provincial Legislature of Madras under the Government of
India Act, 1935, or by the Legislature of the State of Madras
under the Constitution immediately before the 1st October,
1953;
(ii) an Act mad e by the Legislature of the State of
Andhra;
(iii) an Act mad e by the Legislature of the State of
4Telangana;
(iv) a Central Act of local application in forc e
immediately before the 1st Nov ember, 1956 in the Andhra
area;
(v) a Regulation of the Madras Code in force
immediately before the 1st November, 1956 in the Andhra
area;]
(2) “barrister” shall mean a barrister of England or
Ireland or a member of the Faculty of Advocates in
Scotland;
3. Clauses (1-a) and (1-b) substituted by Act No.IX of 1961.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
“Barrister”
[Act No.I of 1891] 3
5[(3) [XXX]]
(4) “Chapter”, “part”, “section”, and “schedule” shaII
mean, respective ly a C hapter, part and section of and
schedule to, the Act in which the word occurs;
6[(5) [XXX]]
(6) “Collector” shall include every of ficer who, for the
time being, is authorized to exercise the powers of a
Collector;
(7) “commencement”, used with reference to an Act,
shall mean the time at which the Act comes into force;
(8) “District Collector” shall mean the chief local officer
in charge of the revenue administration of a district;
(9) “document” shall mean any matt er expressed 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;
(10) “financial year” shall mean the year commencing
on the first day of April;
(11) nothing is said to be done or believed in “good
faith” which is done or beli eved without due care and
attention;
7[(12) [XXX]]
5. Clause (3) omitted by the Adaptation of Laws Order, 1937.
6. Clause (5) omitted by Act No.IX of 1961.
7. Clause (12) omitted by the Adaptation of Laws Order, 1937.
“Chapter”
“Part”
“Section”
and
“Schedule”.
“Collector”
“Commence-
ment”
“District Collector”
“Document”
“Financial year”
“Good faith”
4 [Act No.I of 1891]
8[(13) [XXX]]
(14) “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;
(15) “imprisonment” shall mean imprisonment of either
description as defined in the Indian Penal Code;
9[(15-A) [XXX]]
(16) “judicial proceeding ” shall mean any proceeding
in the course of which evidence is, or may be, legally taken;
(17) “local authority ” shall mean a Municipal
Committee, District Board, body of Port Commissioners or
other authority legally entitled to, or entrusted by the
Government with, the control or management of a municipal
or local fund;
10[(17-A) [XXX]]
(18) “Magistrate” shall mean any person exercising all
or any of the powers of a Magistrate under the Code of
Criminal Procedure, 188211;
(19) “movable property ” shall mean property of every
description except immovable property;
8. Clause (13) omitted by the Adaptation of Laws (Amendment) Order,
1950.
9. Clause (15-A) omitted by the Adaptation of Laws Order, 1937.
10. Clause (17-A) omitted by Act No.IX of 1961.
11. See now the Code of Criminal Procedure, 1973 (Central Act 2 of
1974).
“Immovable
property”
“Imprisonment”
“Judicial
Proceeding”
“Local Authority”
“Magistrate”
“Movable
Property”
[Act No.I of 1891] 5
(20) “oath”, “swear” and “affidavit” shall include
affirmation and d eclaration in the case of persons by law
allowed to affirm or declare instead of swearing;
(21) “offence” shall mean any act or omission made
punishable by any law for the time being in force;
(22) “person” shall include any company or association
of individuals, whether incorporated or not;
(23) “place” includes also a house, building, tent and
vessel;
12[(24) [XXX]]
13[(25) [XXX]]
(26) “public” includes any class of the public or any
community;
(27) “public nuisance ” shall have the meaning
assigned to that expression in section 268 of the Indian
Penal Code;
14[(28) “registered” used with reference to a document,
shall mean registered in 15[India] under the law for the time
being in force for the registration of documents;]
(29) “sign”, with its grammatical variations and cognate
expressions, shall with reference to a person who is unable
12. Clause (24) omitted by the Adaptation of Laws Order, 1937.
13. Clause (25) omitted by Act No.IX of 1961.
14. This clause substituted by Adaptation of Laws (Amendment) Order,
1950.
15. Substituted for the words and letters “a Part A State or a Part C
State” by the Andhra Adaptation of Laws Order, 1957.
“oath”,
“swear”
and
“affidavit”
“Offence”
“Person”
“Place”
“Public”
“Public Nuisance”
“Registered”
“Sign”
6 [Act No.I of 1891]
to write his name i nclude “mark” with its grammatical
variations and cognate expressions;
(30) in the case of any one whose personal law permits
adoption, “son” shall include an adopted son, and “father”
an adoptive father;
16[(30-a) “State” shall mean,-
(i) the whole of the State of 17Telangana in the case of
an Act which extends to the whole of the said State; and
(ii) the Andhra area in the case of an Act which
extends only to that area;]
(31) “sub-section” shall mean a sub -section of the
section in which the word occurs;
(32) “Value”, used with reference to a suit, shall mean
the amount or value of the subject -matter of the suit,
computed according the law for the time being in force
regulating the valuation of suits for purposes of jurisdiction;
(33) “will” shall include a codicil and every writing
making a voluntary posthumous distribution of property;
(34) words importing the masculine gender shall
include females;
(35) words in the singular shall include the plural, and
words in the plural shall include in the singular;
(36) words which refer to acts done extend also to
illegal omissions;
16. Clause (30-a) inserted by Act No.IX of 1961.
17. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
“Son and father”
“Sub-section”
“Value”
“Will”
“Gender”
“Number”
“Illegal omissions”
[Act No.I of 1891] 7
(37) “writing” with its gr ammatical variations and
cognate expression s, shall i nclude „printing‟ „lithography‟,
“photography”, with th eir g rammatical variations and
cognate expressions, and other modes of representing or
reproducing words in a visible form;
(38) “year” and “month” shall, respectively, mean a
year and month reckoned according to the British calendar.
18[3-A. [XXX]]
CHAPTER - II.
GENERAL PROVISIONS APPLICABLE TO FUTURE ACTS.
4. This Chapter shall apply to all 19[Acts of the State of
20Telangana] made after the co mmencement of this Act,
unless a contrary intention appears in such Acts.
21[5. 22[(1) Where any Act to which this Chapter applies is
not expressed to come into operation on a particular day,
then, it shall come into operation on the day on which the
assent thereto of the Governor, the Governor General or the
President, as the case may require, is first published in the
Official Gazette.]
(2) In every such Act the date of such publication as
aforesaid shall be printed either above or below the title of
the Act and shall form part of the Act.]
18. Section 3-A omitted by Act No.IX of 1961.
19. Substituted by Act No.IX of 1961.
20. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
21. This section was substituted for the original section by the
Adaptation of Laws Order, 1937.
22. Sub-section (1) substituted by the Adaptation of Laws (Amendment)
Order, 1950.
“Writing”
“Year and month”
Application of
Chapter II to all
future Acts.
Commencement
of future Acts.
8 [Act No.I of 1891]
6. Where, by an Act to which this Chapter applies and
which is not to come into force immediately on the passing
thereof, a power is conferred on Gov ernment or other
authority to make rules, or to issue orders, with respect to
the application of the Act, or with respect to the appointment
of any officer thereun der, such power may be exercised at
any time after the passing of the Act but rules or orders so
made or issued shall not take effect till the commencement
of the Act.
7. Where, by an Act to which thi s Chapter applies, a
power to make rules is expressed to be given, subject to the
condition of the rules being made after previous publication,
the following provisions shall apply, namely:-
(a) the autho rity having the power to make th e rules
shall, before making them, publish a draft of the proposed
rules;
(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 23[Central Government or, as the case may be, the
24[State] Government] prescribes;
(c) there shall be published with the dr aft a notice
specifying a date at or after which the draft will be t aken into
consideration;
(d) the authority having power to make the rules, and,
where the rules are to be made with the sanction, approval
or concurrence of another authority, that authority also, shall
consider any obj ection or suggestion which may be
23. These words were substituted for the word “Government” by the
Adaptation of Laws Order, 1937.
24. “State” substituted for the word “Provincial” by the Adaptation of
Laws Order, 1950.
Making of rules
and issue of
orders between
passing and
Commencement
of Act.
Provisions
regulating the
making of rules
after previous
publication.
Publication of
draft rules.
Manner of
publication.
Notice to
accompany draft
rules.
Consideration of
suggestion in
regard to draft
rules.
[Act No.I of 1891] 9
received by the authority having power to make the rules
from any person with respect to the draft, before the date so
specified;
(e) the publi cation in the 25[Official Gazette] of a rule
purporting to have been made in exercise of a power to
make rules after previous publication, shall be c onclusive
proof that the rule has been duly made.
8. Where any Act, to which this Chapter applies, repeals
any other enactment, then the repeal shall not,-
(a) affect anything done or any offence committed, or
any fine or p enalty incurred or any proceedings begu n
before the commencement of the repealing Act; or
(b) revive anything not in force or existing at the time at
which the repeal takes effect; or
(c) affect the previous operation of any enactment so
repealed or anything duly done or suffered under any
enactment so repealed; or
(d) affe ct, any right, privilege, obligation or liability
acquired, accrued or incurred under any enactment so
repealed; or
(e) affe ct any fine, penalty, forfeiture or punishment
incurred in re spect of any offence comm itted against any
enactment so repealed; or
(f) affect any inve stigation, legal proceeding or remedy
in respect of any such right, privilege, obligation, liability,
fine, penalty, forfeiture or punishm ent as aforesaid; and any
25. These words were substituted for the words “Fort St.George
Gazette” by the Adaptation of Laws Order, 1937.
Publication to be
proof of due
making of rules.
Effect of repealing
an Act.
10 [Act No.I of 1891]
such inve stigation, legal proceed ing or remedy may be
instituted, continued or enforced, and any such fine,
penalty, forfeiture or punishment may be imposed as if th e
repealing Act had not been passed.
26[8-A. Where any Act to which this Chapter applies, repeals
any enactment by which the text of any previous enactment
was amended by the express omission, insertion or
substitution of any matter, then, unless a different intention
appears, the rep eal shall not affe ct the c ontinuance of any
such amendment made by the enactment so repealed and
in operation at the time of such repeal.]
9. In any Act to which this Chapter applies,-
(a) for the purpose of reviving, either wholly or partially,
an Act or Regulation, wholly or partially repealed, it shall be
necessary expressly to state such purpose;
(b) for the purpose of excluding the first in a series of
days or any other period of time, it shall be sufficient to use
the word “from”;
(c) for the purpose of including the last in a series of
days or any other period of time, it shall be s ufficient to use
the word “to”;
(d) for the purpose of expressing that a law relative to
the chief or superior of an office shall apply to the deput ies
or subordinates lawfully exe cuting the duties of such office
in the place of their superior it shall be sufficient to prescribe
the duty of the superior;
26. Section 8 -A was inserted by the Madras General Clauses
(Amendment) Act 1936 (Madras Act IV of 1937).
Effect of repeal of
Act making textual
amendment in
previous Act.
Revival of
repealed
enactments.
Commencement
of term.
Termination of
term.
Application to
subordinates of
law relating to
official superiors.
[Act No.I of 1891] 11
(e) for the purpose of indicating the relation of a law to
the successors of any funct ionaries, or of corporations
having perpetual succession, it shall be sufficient to expr ess
its relation to the functionaries or corporations; and
(f) for the purpose of indicating the application of a law
to every pers on or number of persons for the time being
executing the functions of an office, it shall be suffi cient to
mention the official ti tle of the officer at present executing
such functions, or that of the officer by whom the functions
are commonly executed.
10. Where an Act, to which this Chapter applies, confers
power t o make rules or bye -laws or to i ssue orders,
expressions used in such rules, bye-laws or orders, have the
same respect ive meanings as in th e Act con ferring the
power.
11. Where, by an Act to which this Chapter applies, any act
or proceeding is directed or allowed to be done or taken in
a Court or office on a certain day or within a pres cribed
period, then, if the Court or o ffice is cl osed on that day or
the last day of the prescribed period, the act or proceedings
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.
This section does not apply to any act or proceeding to
which 27[the Indian Limitation Act, 1908] applies.
27. Substituted by Act No.IX of 1961.
Expressions used
in rules, bye-laws
and orders to
have same
meaning as in Act
under which they
are made or
issued.
Application of law
to successors of
functionaries and
corporations.
Application of law
to persons for
time being filling
an office.
Necessary
extension of
prescribed
periods.
12 [Act No.I of 1891]
CHAPTER - III.
GENERAL PROVISIONS APPLICABLE TO ALL ACTS.
12. This Chapter shall apply to all 28[Acts of the State of
29Telangana] unless a contrary intention appears in any
such Ac t, but it shall not af fect anything done or
commenced prior to the commencement of this Act under
any enactment now in force.
13. Where an 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.
14. Where an Ac t confers a power or imposes a duty on
the holde r 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.
15. Where an Act confers a power to make any rules or
bye-laws, or to issue orders, the power shall be construed
as including a power exercisable in the like manner and
subject to the like consent and condi tions, if any, to rescind,
revoke, amend or vary the rules, bye-laws or orders.
16. Whenever by an Act 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, a
like duty shall be leviable according to the same rate on any
greater or less quantity.
17. Whenever by an Act authority is given to confer powers
or impose duties, such powers may be conferred or duti es
imposed by nam e or by office or on classes of officials
generaIIy by their official titles.
28. Substituted by Act No.IX of 1961.
29. Substituted by G.O.Ms.No.45, Law (F ) Department, dated
01.06.2016.
Application of
Chapter III to all
Acts.
When powers and
duties to be
exercised and
performed.
Exercise of power
and performance
of duty by
temporary holder
of office.
Revocation and
alteration of rules,
bye-laws and
orders.
Duty leviable pro
rata.
Mode of
conferring powers
and imposing
duties.
[Act No.I of 1891] 13
18. Where an Act repeals and re -enacts, with or without
modification, a II o r any o f t he provisions o f a former Act,
references in any o ther Act to the provisions so repeale d
shall be construed as references to the provisions so re -
enacted, and if notifications have bee n published,
proclamations or certificates issued, powers conferred,
forms prescribed, local limits defined, offices established,
orders, rules and appointments made, engagements
entered into, licenc es or permits granted, and other things
duly done, under the provisions so repealed, the same shall
be deemed, so far as the same are consistent with the
provisions so re-enacted, to have been respective ly
published, issued, conferred, prescribed, defined,
established, made, entered into, granted or done under the
provisions so re-enacted.
19. The provisions of sections 63, 68, 69 and 70 of the
Indian Penal Code shall apply to all fines imposed under the
authority of any Act.
20. Where an act o r omission constitutes an offenc e 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 act or omission.
21. Where in any Act, or in any rule passed under any Act,
it is directed that any order, notification or 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 30[Official Gazette].
30. These words were substituted for the words “Fort St.George
Gazette” by the Adaptation of Laws Order, 1937.
References to
provisions in Acts
repealed and re-
enacted.
Recovery of fines.
Central Act 45 of 1860.
Punishment for
offences under
more than one
enactment.
Publication of
orders and
notifications in the
Official Gazette.
14 [Act No.I of 1891]
22. When, by an Act any Governmen t is empowered to
extend or apply an Act or any provi sion of an Act to any
place in, or to any portion of, the 31[State] the Government
may, in any order extending or applying such Act or
provision or in a subsequent order, notify the time at which
the same shall come into force in th e place or portion of the
31[State] to which it is so extended or applied; and, unless it
is otherwise provided in the Act, [the Government] may, by
notification in the 32[Official Gazette] from time to time
postpone the time at which the Act or pr ovision shall come
into force in such place or portion of the 31[State] or cancel
the order for extending or applying the same to such place
or portion of the 31[State]:
Provided that no order postponing the time at which an
Act or provision shall come into force, or cancelling an order
for extending or applying the same, shall be made after the
Act or provision has actually come into force in the place or
portion of the 31[State] to which such order relates.
33CHAPTER - IV.
APPLICATION TO ORDINANCES AND REGULATIONS.
34[23. The provisions of this Act shall apply,-
(a) in relation to any Regulation made by the Governor
under section 92 of the Government of India Act, 1935, in
like manner as they apply in relation to 35[the Acts made by
31. The word “State” was substituted for “Province” by the Adaptation of
Laws Order, 1950.
32. These words were substituted for the words “Fort St.Ge orge
Gazette” by the Adaptation of Laws Order, 1937.
33. Chapter IV was inserted by Adaptation of Laws Order, 1937.
34. Substituted for the original section 23 by the Adaptat ion of Laws
(Amendment) Order, 1950.
35. Substituted for the words “Madras Acts made by the Provincial
Legislature” by Act No.IX of 1961).
Determination of
the times at which
Acts or provisions
of Acts extended
or applied by
Government to
certain places
shall come into
force.
Application of Act
to Regulations
and Ordinances.
Proviso.
[Act No.I of 1891] 15
the Provincial Legislature referred to in item (i) of clause
(1-b) of section 3]; and
(b) in relation to any Ordinance promulgated by the
Governor under article 213 of th e Constitution or any
Regulation made by him under paragraph 5 of the Fifth
Schedule to the Constitution, in like manner as they apply in
relation to 36[the Acts] made by the State Legislature:
Provided that sub -section (1) of section 5 of this Act
shall apply to any Ordinance referred to in clause (b) as if
the reference in that sub -section to the day of the first
publication of the assent to an Act in the Official Gazette
were a reference instead to the day of the first publication of
the Ordinance in that Gazette.]
* * *
36. Substituted by Act No.IX of 1961.