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Karnataka] General Clauses Act, 1899 Part III - Bare Act

State

Karnataka Government

Year

Section Title

General Rules of Construction

Act Info:



1[(1)2[ Where any Mysore Act or Karnataka Act] is not expressed to come into operation on a particular day, then,

(i) in case of a Mysore Act made before the commencement of the Constitution, it shall be deemed to have come into operation on the day on which it received the assent of the Maharaja;

(ii) in the case of a Mysore Act made after the commencement of the Constitution and before the commencement of the Mysore General Clauses (Amendment) Act, 1953, it shall be deemed to have come into operation on the day in which it received the assent of the Rajpramukh or the President, as the case may require;

(iii) in the case of the Mysore Act made after the commencement of the Mysore General Clauses (Amendment) Act, 1953,3[and before the commencement of the Constitution (Seventh Amendment) Act, 1956 shall be deemed to have come into operation] on the date on which the assent thereto of the Rajpramukh or the President, as the case may require, is first published in the official Gazette.]

3[(iv)2[in the case of a Karnataka Act], it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the official Gazette.]

(2) Unless the contrary is expressed, an Act shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.

4[(3) In every Act referred to in clause (iii)3[or clause (iv)] of sub-section (1), the date of publication in the official Gazette shall be printed either above or below the title of the Act and shall form part of the Act.]

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1. Substituted by Act 12 of 1953

2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973

3. Adapted by the Mysore Adaptations of Laws Order, 1956 w.e.f. 1.11.1956

4. Added by Act 12 of 1953.


Section 6 - Effect of repeal

Where this Act or [any Mysore Act or Karnataka Act] made after the commencement of this 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 repel 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(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or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 incurred under any enactment so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactments 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.


Section 6A - Repeal of Act making textual amendment in an Act

1[6A. Repeal of Act making textual amendment in an Act.--

Where2[any Mysore Act or Karnataka Act] made after the commencement of this Act repeals any enactment by which the text of any Act was amended by the express omission, insertion or substitution of any matter, then, unless a different 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.]

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1. Inserted by Act 12 of 1953.

2. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973


Section 7 - Revival of repealed enactments

(1) In1[any Mysore Act or Karnataka Act] made after the commencement of this 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.

(2) This section applies also to all enactments made after the third day of January 1868.

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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973


Section 8 - Construction of references to repealed enactments

Where this Act, or1[any Mysore Act or Karnataka Act] made after the commencement of this Act, repeals or re-enacts, with or without modification, any provision of a former enactment, then 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 provisions so re-enacted.

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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973


Section 9 - Commencement and termination of time

(1) In1[any Mysore Act or Karnataka Act] made after the commencement of this Act, it shall be sufficient, for the purpose 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".

(2) This section applies also to all enactments made after the third day of January 1868.

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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973


Section 10 - Computation of time

Where, by1[any Mysore Act or Karnataka Act] made after the commencement of this Act, 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 prescribed period, then, if the court or office is closed on that day or 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 the2[Indian Limitation Act, 1908] applies.

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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973

2. Substituted by Act 12 of 1953.


Section 11 - Measurement of distances

In the measurement of any distance, for the purposes of1[any Mysore Act or Karnataka Act] made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.

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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973


Section 12 - Duty to be taken prorata 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.


Section 13 - Gender and number

In all enactments, unless there is anything re-pugnant 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.





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