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General Clauses Act 1897 Complete Act

Title: General Clauses Act 1897

State: Central

Year: 1897

.....and issuing of orders between passing and commencement of enactment Section23 - Provisions applicable to making of rules or bye-laws after previous publication Section24 - Continuation of orders, etc., issued under enactments repealed and re-enacted Section25 - Recovery of fines Section26 - Provision as to offences punishable under two or more enactments Section27 - Meaning of service by post Section28 - Citation of enactments Section29 - Saving for previous enactments, rules and bye-laws Section30 - Application of Act to Ordinances Section30A - Application of Act to Acts made by the Governor-General [Repealed] Section31 - Construction of references to Local Government of a Province [Repealed] ScheduleI - THE SCHEDULE [Enactments Repealed]

General Clauses Act 1897 Preamble 1

Title: General Clauses Act, 1897

State: Central

Year: 1897

.....1936 (5 of 1936), Section 3 and Schedule The Act has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949). The Act has been extended to-- Goa, Daman and Diu with modifications by Regulation 12 of 1962, Section3 and Schedule; Dadra and Nagar Haveli by Regulation 6 of 1963, Section2 and ScheduleI; Pondicherry by Regulation 7 of 1963, Section3 and ScheduleI; and Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, Section3 and Schedule It has been amended in Assam by the Assam Commissioners' Powers Distribution Act, 1939 (Assam Act 1 of 1939).

General Clauses Act, 1897 Complete Act

State: Central

Year: 1897

.....all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one British possession; (7) "Central Act" shall mean an Act of Parliament, and shall include- (a) an Act of the Dominion Legislature or of the Indian Legislature passed before the commencement of the Constitution, and (b) an Act made before such commencement by the Governor General in Council or the Governor General, acting in a legislative capacity; (8) "Central Government" shall,- (a) in relation to anything done before the commencement of the Constitution, mean the Governor General or the Governor General in Council, as the case may be; and shall include,- (i) in relation to functions entrusted under sub-section (1) of section 124 of the Government of India Act, 1935, to the Government of a Province, the provincial Government acting within the scope of the authority given to it under that subsection; and (ii) in relation to the administration of a Chief Commissioner's Province, the Chief Commissioner acting within the scope of the authority given to him under sub-section (3) of section 94 of the said Act; and (b) in relation to anything done or to be done after the.....

General Clauses Act 1897 Section 3

Title: Definitions

State: Central

Year: 1897

.....Acts or the Government of India Act, 1915, or an Act made by the Local Legislature or the Governor of a Province under the Government of India Act, or an Act made by the Provincial Legislature or Governor of a Province or the Coorg Legislative Council under the Government of India Act, 1935; (47) "Provincial Government" shall mean, as respects anything done before the commencement of the Constitution2 , the authority or person authorised at the relevant date to administer executive Government in the Province in question; (48) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code (45 of 1860); (49) "registered", used with reference to a document, shall mean registered in 13 [India] under the law for the time being in force for the registration of documents; (50) "Regulation" shall mean a Regulation made by the President 14 [under article 240 of the Constitution and shall include a Regulation made by the President under article 243 thereof and] a Regulation made by the Central Government under the Government of India Act, 1870, or the Government of India Act, 1915, or the Government of India Act, 1935; (51) "rule" shall mean a rule made.....

General Clauses Act 1897 Section 30

Title: Application of Act to Ordinances

State: Central

Year: 1897

1 [30. Application of Act to Ordinances In this Act the expression2 [Central Act], wherever it occurs, except in section 5 and the word "Act" in3 [clauses (9), (13), (25), (40), (43), (52) and (54)] of section 3 and in section 25 shall be deemed to include an Ordinance made and promulgated by the Governor General under section 23 of the Indian Councils Act, 1861 (24 and 25 Vict., c.67)4 [or section 72 of the Government of India Act, 1915,] (5 and 6 Geo. V. c, 61)5 [or section 42 6 [* * *] of the Government of India Act, 1935] (26 Geo. V. c. 2)7 [and an Ordinance promulgated by the President under article 123 of the Constitution.] ________________________ 1.Inserted by Act 17 of 1914, Section 2 and Schedule I. 2.Substituted by the A.O. 1937, for "Act of the Governor General inCouncil". 3.Substituted by the A.O. 1950, for "clauses (9), (12), (38), (48) and(50)". 4.Inserted by Act 24 of 1917, Section 2 and Schedule I. 5.Inserted by the A.O. 1937. 6.The words and figures "or section 43" omitted by the A.O. 1947. 7.Added by the A.O. 1950.

General Clauses Act 1897 Section 1

Title: Short Title

State: Central

Year: 1897

(1) This Act may be called the General Clauses Act, 1897;1[***] 2[***] ________________________ 1. The word "and" rep. by Act 10 of 1914, Section 3 and Schedule II. 2. Sub-section (2) rep. by Act 1 of 1914, Section 3 and Schedule II.

General Clauses Act 1897 Section 24

Title: Continuation of Orders, Etc., Issued Under Enactments Repealed and Re-enacted

State: Central

Year: 1897

.....of this Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided any2 [appointment notification,] order, scheme, rule, form or bye-law, 2 [made or] issued under the repealed Act or Regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been2 [made or] issued under the provisions so re-enacted, unless and until it is superseded by any2 [appointment notification,] order, scheme, rule, form or bye-law, 2 [made or] issued under the provisions so re-enacted3 [and when any 1 [Central Act] or Regulation, which, by a notification under section 5 or 5A of the4 Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by asubsequent notification, been withdrawn from the re-extended to such area or any part thereof, the provisions of such Act or Regulation shall be deemed to have been repealed and re-enacted in such area or part within the meaning of this Section]. ________________________ 1.Substituted by A.O. 1937, for "Act of the Governor General in Council". 2.Inserted by Act 1 of 1903, Section 3 and Schedule II. .....

General Clauses Act 1897 Section 19

Title: Official Chiefs and Subordinates

State: Central

Year: 1897

(1) In any1 [Central Act) or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of expressing that a law relative 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. (2) This section applies also to all1 [Central Act] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887. ________________________ 1.Substituted by the A.O. 1937, for "Act of the Governor General in Council".

General Clauses Act 1897 Section 20

Title: Construction of Orders, Etc., Issued Under Enactments

State: Central

Year: 1897

Where, by any1[Central Act] or Regulation, a power to issue any2[notification], order, scheme, rule, form, or bye-law is conferred, then expressions used in the2[notification], order, scheme, rule, form or bye-law, if it is made after the commencement of this Act, shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the Act or Regulation conferring the power. ________________________ 1. Substituted by the A.O. 1937, for "Act of the Governor General in Council". 2. Inserted by Act 1 of 1903, Section 3 and Schedule II.

General Clauses Act 1897 Section 21

Title: Power to Issue, to Include Power to Add To, Amend, Vary or Rescind Notifications, Orders, Rules or Bye-laws

State: Central

Year: 1897

Where, by any1[Central Act] or Regulations a power to2[issue notifications,] orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any3[notifications,] orders, rules or bye-laws so4[issued]. ________________________ 1. Substituted by A.O. 1937, for "Act of the Governor General in Council". 2. Substituted by Act 1 of 1903, Section 3 and Schedule II, for "make". 3. Inserted by Act 1 of 1903, Section 3 and Schedule II. 4. Substituted by Act 1 of 1903, Section 3 and Schedule II, for "make".