Arunachal Pradesh · 1982 · Act 3
THE ARUNACHAL PRADESH INTERPRETATION AND GENERAL CLAUSES ACT, 1982
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THE ARUNACHAL PRADESH INTERPRETATION
AND GENERAL CLAUSES ACT, 1982
(Act No. 3 of 1982)
to provide lor the interpretation of Arunachal
Pradesh enactments and {or shorteniag the
language thereof.
Be it enacted by the Legislative Assembly
of Arunachal Pradesh in the Thirty-third Year
of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Arunachal
Pradesh Interpretation and General Clauses
Act, 1982.
(2) It shall come into lorce at once.
2. Save as otherwise expressly provided
herein, the provisions of this Act shall, unless
the context otherwise requires, appiy to this
Act and to all other enactirents, whether
passed before or after the commencement of
this Act.
Short title arier
commencement.
Application ol
Act.
AN
ACT
2
Definitions.
CHAPTER II
DEFINITIONS
3. In this Act and in all enactments, unless
the context otherwise requires :-
(1) "abet", with its grarnmatical varia-
tions and cognate expressions, shall have
the same meaning as in the Indian Penal
Code ;
(2) "act", used with reference to an
offence or a civil wrong, shall include a
series ol acts as well as a single act, and
words which refer to acts done extend
also to illegal omissions ;
(3) "Administrator" means the Adminls-
trator of Arunachal Pradesh appointed by
the President of India under provision of
Article 239 of the Constitution ;
i
(4) "affidavit" means a statement in wri-
ting, signed by the person making it and
conflrmed by oath ;
(5) "Arunachal Pradesh" means the Union
territory of Arunachal Pradesh as formed
under Section ? of the North Eastem
Ar€as (R€-organisation) Act, 1971 ;
(6) "Arunachal Pradesh Act" means an
Act passed by the Legislature of Amn-
achal Pradesh ;
(?) "Arunachal Pradesh enactment"
means the Arunachal Pradesh Act and
includes the Arunachal Pradesh Ordi-
nance and Reguiation as hereinafter
defined ;
(8) "Arunachal Pradesh Ordinance" means
an Ordinance promulgated by the
Administrator under Article 239 B of thc
Constitution ;
3
(9) "Attested" in relation to a document,
means attesled by a witness who has seen
the executant sign the document or has
received {rom the executant a personal
acknorvledgement of his signature, and
vrho has signed the document in the
presence of the executant, but no parti-
cular form of attestation shall be
necessary;
(10) "Central Act" means an
Parliarnent, and includes,-
Act oI
(a) an Act of the Dominion Legis-
lature or of the Indian Legis-
lature passed before the commence-
ment of the Constitution ; and
(b) an Act passed before such com-
mencement, by the Governor-
General-in-Council or the Gover-
nor-General, acting in a legislative
capacity ;
(11) "Central Government" ;
(a) in relation to anything done before
the commencement of the Consti-
tution, means the Governor-
General or the Governor-General-
in-Cor:ncil, as the case may be,
and includes, -
(i) in relation to functions entrus-
ted under sub-section (1) of
Section 124 of the Government of
India Act, 1935, to the Govern-
ment of a Province, the Provin-
cial Govemment acting within the
scope of the authority given to it
under that sub-section ; and
. (ii) in relation to the adminis-
tration of a Chief Commissioner's
I
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 an1'thing done or to
be done after the commencement
of the Constitution, means the
President, and includes, in rela-
tion to the administration of a
Union terdtory, the Administrator
thereof acting within the scope of
the authority given to him
under Article 239 of the Constitu-
tion ;
(12) "Chapter" means a chapter of the
enactment in v/hich the word occurs ;
(13) "child" in the case ot any one whose
personal law permits adoption, includes
an adopted child ;
(14) "clause" occuring in a secti.on which
has no sub-section, means a sub-division
of that section, and occurring in a sub-
section means a sub-division of that sub-
section ;
(15) "Collector" means the Chief Officer
inchargs of the revenue administration of
a district and includes a Deputy Commi-
ssioner ;
(16) "commencement" used with refer-
ence to an enactment, means the day on
which the enactment comes into force ;
(17) "Commissioner" means the Chief
Officer incharge of the revenue adminis-
tration of a division ;
(18) "Constitution" means the Constitu-
tion of India ;
5
(19) "Consular Officer" includes consul-
general, consul, vice-consul, consular
agent, pro-consul and any other person
for the time being authorised to perforrn
the duties of a consul-general, consul, vice-
consul or consulars agent ;
(20) "daughter" in the case of any one
whose personal law permits adoption,
includes an adopted daughter ;
(21) "day" means a period of twenty-four
hclrrs beginning at mid-night ;
(22) "Deputy Commissioner" means the
Chief OfEcer incharge of the gmeral ad-
ministration of a district ;
(23) "District Court" means the prlncipal
Civil Court of original jurisdiction, but
does not include the High Court in the
exercise of its ordinary or extra-ordinary
original civil jurisdiction ;
(24) "District Judge" means the Judge of
a district court, and includes an Addi-
tional District Judge ;
(25) "document" includes any matter
written, expressed or described upon any
substance by means of letters, figures or
marks, or by more than one of those
means v"hich is intended to be used, or
which may be used, for the purpose of
recording that matter ;
(26) "enactment" means the An:nachal
Pradesh enactment and includes any
provision contalned therein i
(27) "father" in the case of any one whose
porsonal lav/ permits adoption, includes
an adoptive father ;
6
(28) "financial year" means the year com-
mencing 'on the first day of April ;
(29) "good faith", 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 ;
(30) "Government" or "the Govemment"
includes the State Gor.emment as well as
the Central Government ;
(31) "Government of Arunachal Pradesh"
means the Administrator ;
(32) "Government securities" means secu-
rities of the Central Government or of
the Government of Arunachal Pradesh or
of any State Government ;
(33) "High Court" means the Gauhati
High Court (The Hieh Court of Assam,
Nagaland, leghalaya, Manipur and
Tripura) ;
(34) "immovable property" ineludes land,
benefis to arise out of land, and things
attached to the earth, or perlnanently
fastened to anything attached to the earth ;
(35) "imprisonment" means imprisonment
of either description as defined in the
Indian Penal Code ;
(37) "local authority" means a municipal
corporation, a municipality, a municipal
committee, a local or district board or
any other authority legally entitled to, or
entrusted by the Government with the
control or management of a municipal or
local fund ;
(36) "judicial proceeding" means any
proceeding in the course oI which evi-
dence is, or may be, Iegally taken ;
7
(38) "iocal law" means a law applicable
only to a particular part of Arunachal
Pradesh ;
(39) "Magistrate" includes every person
exercising all or any of the powers oI a
Magistrate under the Code o{ Criminal
Procedure, 1973 or under any other law,
for the time being in force relating to
cdminal procedure ;
(40) "master" used with reference to a
ship, means every person (except a pilot
or harbourmaster) having, for the time
being, control or charge of the ship ;
(41) "month" means a month reckoned
according to the British Calender ;
(42) "movable property" means property
of every description except immovable
property ;
(43) "notification" means a notiffcation in
the Official Gazette ;
(44) "oath" includes an afnrmation and a
declaration in the case of persons by law
allowed to affirm or declare instead of
swearing ;
(46) "Official Gazette" means the .Official
Gazette of Arunachal Pradesh ;
(47) "Part" means a part oI the enact-
ment in which the word occurs ;
(48) "person" includes any company or
association o! body of individuals,
whether incorporated or not ;
(45) "offence" means any act or omission
made punishable by any iaw for the time
being in force ;
8
(49) "place" includes also a house, buil-
ding, tent, vehicle and vessel ;
(50) "prescribed" means prescribed by
rufes made under an enactment in which
the vr,ord occurs ;
(51) "public" includes any class or section
of the public ;
(52) "public nuisance" means a
nuisance as defined in the Indian
Code;
public
Penal
(53) "registered" used with reference to
a document, means registered in India
under the law for the time being in force
for the registratibn of documents ;
(54) "Regulation" means a Regulation
made by the President under Article 240
of the Constitution and includes a Regu-
lation made by the Central Government
r.rnder the Government of India Act, 1870,
or the Government of India Act, 1915, or
the Government of India Act, 1935 ;
(55) "rule" means rule made in exercise
of a power conferred by any enactme4t
and includes a regulation made as a rule
under any enactment ;
(56) "schedule" means a schedule to thi
enactment in which the word occurs;
(57) "rection" means a section of the
enactment in which the word occurs ;
(58) "ship" includes every description of
vessel used in navigation not exclusively
propelled by oars ;
(59) "sign" with its grammatical variations
and cognate expressions, with reference
I
to a person who is unable to write
his name, includes "mark" with its gra-
mmatical variations and cognate expres-
sions ;
(60) "son" in the case of any one whose
personal law permits adoption, includes
an adopted son ;
(61) "special law" means a law applica-
ble to a particular subject only ;
(62) "State" means a State specified in
the First Schedule to the Constitution,
and includes a Union territory ;
(63) "sub-section" means a sub-section of
a section in which the word occurs ;
(64) "swear" with lts grammatical varia-
tions and cognate expressions, includes
alfirming and d€cladng in the case of
persons by law allowed to affirm or
declare instead of swearing ;
(65) "Union territory" means any Union
territory speeified in the First Schedule
to the Constitution and includes any other
teritory comprised within the territory
of India but not specified in that schedule ;
(66) "vessei" includes any ship or boat
or any other description of vessel used in
navigation ;
(67) "will'includes codicll and every
wri.ting making a voluntary posthumous
disposition of property ;
(68) "writing" expression referring to
"writing" shall be construed as including
reference to printing, lithography, photo-
graphy and other modes of representing
or reproducing words in a visible form ;
and
(69) "year" means a year reckoned accor-
ding to the British Calendar.
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CHAPTER III
GENERAL RULES OF CONSTRUCTION
(2) Unless the contrary intention is expres-
sed, an Arunachal Pradesh Ordinance shall
come into force on the day on which it is pro-
mulgated by the Administrator.
(3) Unless the contrary int€ntion is ex-
pressed, every enactmert shall be construed as
coming into force immediately on the expira-
tion of the day preceding the day on whieh it
comes into lorce.
6. Where an enactment is expressed to Expiry of tem-
expire, lapse or otherwise cease to have effect porary enact-
on a particular day, it shall, unless the contrary ments.
intention is expressed, be construed as ceasing
to have effect immediately on the commence-
ment oI the following day.
7. The marginal notes appearing against
any provision of any enactment, and the refer-
ence to the number and date of any former
Iau, in the margin against any such provision,
shail not form part of the said enactment and
it shall be deemed to have been inserted for
the sake of convenience only.
8. In the absance of an express provision to
the contrary, every enactment shall be binding
on the Government.
Marginal notes
not part of enact-
ment.
Government to
be bound by
enactments.
4. Every enactment shall, unless the contrary Territorial extent
is expressly provided therein, apply to the of enactment.
whole of Arunachal Pradesh.
5. (1) Where any enactment is not expressed Coming into force
to come into force on a particular day, then, it of enactments.
shall come into force on the day on which the
assent of the Administrator or the President, as
the case may be, is first published in the
OfEcial Gazette.
12
(b) "direetor", in relation to a fi.rm,
means a partner in the firm.
11. No suit, prosecution or other legal pro-
ceedfug shall lie against the Government,
any officer or other employees of the Govern-
ment for anything which is in good faith done
or intended to be done in pursuance of any
enactment or any rule made thereunder.
12. In all enactments, unless a different
intention appears -
Protection of ac-
tion taken itl
good Iaith.
Gender and numq
ber.
(a) words importing the masculine
gender shall be taken to include
females ; and
(b) words in the singular shall be taken
to include the plural, and vice-versa.
13. In any enactment, it shall be sufficient,-- Commencement
and termination
(a) to use the words "Irom" or the word of time.
"after" for the purpose of excluding
the first in a series of days or any
other period of time ;
(b) to use the word "to" for the purposes
oI including the last in a series of
days or any other period of time ;
(d) in relation to the interval between
two €vents, to use the words "clear
days" or tat least" or "not less
than" a number of days, for the
purpose of excluding the days on
which the events happen and merely
to specify the number of days lor
the purpose of excluding the day on
which the first event happens and
(e) to use the word "on" or the word
"with" for the purpose of including
the day on which the period is
expressed to being or to end ; and
t1
9. Where any. enactment coNtitutes a body
corporate by any form of words, that body
corporate shall have perpetual succession and
a common seal and may enter into eontracts by
its corporate name; acquire, hold and dispose
of property, whether movable, or immovable
and may sue or be sued by its corporate narre.
f0. (1) If a person committing an offence
under any enactment is a company, every
person who at the time the offence was com-
mitted was in charge of, and was rcsponsible
to the company for the conduct of the business
of the company, as well as the company, shall
be deemed to be guilty oI the offence and shall
be liable to be proceeded against and publlshed
accordingly :
(2) Notwithstanding anything contained
in sub-section (1), where any offence under
any enactment has been committed by a com'
pany and it is proved that the ofrence has been
committed with the consent or connivance ot,
or it attributable to any neglet on the part
of, any Director, Manager, Secretary or other
officer of the company, such Director, Manager,
Secretary ot other offieer shall also be deemed
to be guilty of that offence and shall be liable
to be proceeded against and punished accor-
dingly.
Explan&lion
-For the
section,-
purposes of this
(a) "companyl rneans any body cor..
porate and includes a ffrm or oth€,r
association of indivlduals ; and
Elfect of inclr-
poration.
Offence by
companles,
Provided that nothing contained in this sub-
uection shall render any such person liable to
any ptmishment, if he proves that the offence
',vas committed without lris kno$rl€dge or that.
he had exercised all due deligetrce to prevat
the commission of sueh offence.
13
ineluding the day on which the
second event happens.
14. Where, by any enactment, any act or Computation oI
proceeding is directed or allowed to be done time.
or taken in any Court or office on a certain
day or within a specified period, then, if the
Court or office is closed on that day or the last
day of the prescribed period, the act or procee-
dilg shail be considered as done or taken in
due time if it is done or taken on the next day
alterwards on which the Court or of,Rce is open :
Provided that nothing in this section shall
apply to any act or proceeding to which th6
Limitation Act, 1963, applies.
15. Where any expression of tirne occurs in
any enactment, deed, or other legal instru-
ment, the time reffered to shall, unless it is
otherwise expressly provided be deemed to
mean the Indian Standard time adopted by
the Government of India.
Expression ot
time.
16. Where, by any enactment, any duty or
custom or excise, or in the nature thereof, is
leviable on any g[ven quantity, by weight,
measure or value of any goods or merchandise,
then a Iike duty is leviable according to the
same rate on any greater or less quantity.
17. In the measurement oI any distance, for
the purpose of any enactment, that distance
shall, unless a different intention appears, b€
measured in a straight line on a horizontal plan.
18. Where, in any enactment, I punishment
is provided for an offence, such punishment
shall, unless a diflerent intention appears be
deemed to be the maximum punishment lor
that offence.
19. Save as otherwise expressly provided
by any enactment, wherever a form is
Duty to be taken
prorata.
Measurement of
distances.
Penalties provi-
ded to be maxi-
mum.
Deviation from
formr.
L4
prescribed by any eiractment, slight deviations
therefrom not aflecting the substance or cal-
culated to mislead, shall not invalidate it.
20. Save as oth€rvdse expressly provided
by any enac'tment, no act done by any autho-
rity, whether such authority is judicial or
executive, shall be invalid by reason only of
its having been done on a public holiday.
21. Where an act or omission constitutes an
offence under two or more enqctrnents, than
the offender shall be liable to be prosecuted
and punished rrnder either or any of those
enactments, but-shall not be liable to be prose-
cuted and punished twice lor the same offence.
Acts done on
holidays.
Provisions as to
offences puni-
shable under
t$'o or more
enactmenas.
CHAPTER IV
REPEAL AND EXPIRY OF ENACTME}flTS
22. Where any e actftent repeals any 6sl2g1- Eflec't oI repeal'
ment hitherto made or hereafter to be made,
then, unless a different intention appears, the
r€peal shall not,-
(a) revive anything not in force or exis-
ting at the time at whi.ch the rep€al
takes effect ; or
(b) affect the previous operation of any
enactment so repealed or anything
duly done or suffered thereunder ; or
(e) atlect any right, privilege, obligation
or liability acquired, accrued or incur-
red under any enactment so repealed ;
or
(d) aflect any pena1t]r, forfeiture or
punishment incurred in respect of any
offence committed against any enact-
ment so repealed ; or
(e) affect any investigation, legal procee_. ding, or remedy in r€spect of any such
right, privilege, obligation, liability,
15
penalty, forfeiture or punishment as
aforesaid;
and any sucl] investigation, Iegal proceeding
or remedy, may be instituted, continued or
enforced, and any such penalty,
forfeiture or punishment may be imposed as
iI that enactment had not been repealed.
23. Where any enactment made after the
cornrnencement of this Act repeals any enact-
ment by which the text of any enactment was
amended by the express omission, insertion or
substitution of any matter, then, unless a
different intention appears, the repeal shall not
alfect the continuance of any such amendmeDt
made by the enactment so repealed and in
operation at the tithe of such repeal.
24. Where an enactment repeals and re-
enacts, with or $rithout modification, any p!o-
vision of a former enactment, then references
in any other enactment or in any instruments,
to the provision so repealed, shall, unless a
different intention appears, be construed as
references to the provision so re-enacted.
25. In any enactment, it shall be necessary,
for the purpose of reviving either wholly or
partially, any enactment wholly or partially
repealed, express\ to state that purpose.
Repeal of enact-
ment making
textual amend-
ment in enact-
ment.
Colstruction of
references to re-
pealed enact-
ments.
Revival of repea-
led en]ctment.
26. Where any enactment ceases to have Effect of expira-
eflect or ceases to operate on the expiration o{ tion of enact-
a particular period or on the happening of a ment.
particular contingency, then, unless a different
intention appears, the expiry shall not affect-
(a) the previous operation of. any enact-
ment so expired or anything duly done
or suffered thereunder' ; or
(b) any right, privilege, obligation or
Iiability acquired, accrued or incurred
under that enactment ; or
16
(c) any penalty, forefeiture or punish-
ment incurred in respect of any
offence committed agai.nst that enact-
ment ; or
(d) any investigation, legal proceeding
or remedy, in respect of any such
right, privilege, obligation, Iiability,
penalty, forfeiture or punishment as
aforesaid ;
and any such investigation, legal proceeding or
remedy may be instituted, continued or enfor-
ced, and any such penalty, forfeiture or punish-
ment may be imposed as if that enactment had
not been expired or ceased to operate.
POWERS AND FUNCTIONARIES
27. Where, by any enactment, any power is
conferred or any duty is imposed, then, unless
a different intention appears, that power shall
be exercised and that duty shall be performed
from time to time as occasion requires.
28. Where, any enactment confers a power
or imposes a duty on the holder of an office,
as such, then, unless the contrarf/ intention
appears that power may be exercised and the
duty shall be performed by the holder of the
office for the time being or by a person duly
appginted to act for him or to be incharge of
powers and dutics of that offiee.
29. Where, by any enactment, a power to
appoint any person to flll 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
!y virtue of office.
30. Where, by any €nactment, a power to
make any appointment is conferred, then,
Powers confer-
red to be exerci-
sable from time
to time.
Exercise of
power and per-
formance of duty
by temporary
holder of office,
Power to appoint
to include power
CHAPTER V
Power to appoint
to include power
to appoint ex-
officio.
L7
unless a different intention appears, the autho-
rity having, lor the time being, power to make
the appointment shall also have power to sus-
pend or dismiss any person appointed, whether
by itself or by any other authority, ln exercise
of that power.
31. In any enactment, it sha]I be sufficlent,
for the purpose of indicating the application of
a iaw to every person or number oI persons,
for the time being executing the fulctions of
an office, to mention the official title of the
omcer at present executing the functions, or
that of the omcer by whom the functions are
commonly execuied,
32. In any enactment, it shall be sufncient,
lor 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 cor-
porations.
33. In any enactment, it shall be sumcient
for the purpose of expressing that a law rela-
ting to the chiel or superior of an office shall
apply to the deputies or subordi-nates lawfully
performing the duti.es of that office in the place
ol their superior, to prescribe the duties of the
superi.or.
CHAPTER VI
SUBORDINATE LEGISI-ATION
34. Where, by any enactment which is not
to come into force immediately on the passing
thereof, a power is conferred to make rules
or bye-laws, or to issue orders or notifications
vdth resp€ct to the appucation of the enact-
rnent or with respect to the establishment of
any Court or ofEce or the appointment of any
Judge or officer therer:nder, or with respect to
the person by whom or the time when, or the
place where, or the manner in which,
to suspend or
dismiss.
Substitution of
functionaries.
Successors.
Offrcial chiefs and
subordir,ates.
Making of rules
or bye-laws and
issuing of orders
between passing
and comrnence-
ment of enact-
ment.
18
Power to make
or issue etc. inclu-
des power to add,
amend, vary or
rescind notiflca-
tions, orders,
rules or bye-laws.
Provisions appli-
cable to making
rules or bye-laws
after previous
publication.
(a) the authority having power to make
the rules or bye-laws shall, before
making them publish a draft of the
proposed rules or bye-laws for the
information of persons likely to be
affected thereby ;
(b) the publication shall be made in such
manner as that authority deems to
be sufficient, or, if the condition rv'ith
respect to previ,ous publication so
requires, in such manner as the
Government may prescribe ;
(c) there shall be published with the
draft a notice specifying a date on or
af,ter which the draft will be taken
into consideration ;
(d) the authority having power to make
the rules or bye-laws, and where the
or the fees for which, anything is to
be done under the enactment, then, unless a
different iatention appears, that power may be
exercised at any time after the passing of the
enactment, but rules, bye-laws or orders or
notiflcations so made or issued shall not take
effect till the commencement of the enactment.
35. Where, by any enactment, a power to
make or issue notifications, orders, schemes,
ru1es, forms or bye-laws, is conferred, then
unless a different intention appears, that
powers includes a power, exercisable in the
sarne manner and subject to the like sanction
and conditions, (if any) to add to, amend, vary
or rescind those notifications, orders, schemes,
rules, forms or bye-laws so made or issued.
36. Where, by any enactment, a power to
make rules or bye-laws is expressed to be
given su.bject to the condition of the rules or
bye-laws being made after previous publica-
tion, then the following provision shall app1y,
namely:-
10
38. Where, by any enactment, a power to
issue any notification, order, scheme, rule,
form or bt'e-law, is conferred, then expres-
sions used in the notiflcation, order, scheme,
rule, form or bye-Iaw, shall, unles a different
intention appears, have the same respective
meanings as in the enactment conferring the
power,
39. Every rule made under any enactment
shall be published in the Official Gazette, and
shall, in the absence of an express provision to
Continuation oI
orders, etc.
issued under
er)actments repe-
alcd and reanc-
ted.
Publication and
commencement
ol rules-
rules or bye-laws are to be made
with the sanction, approval or con-
currence, of another authority, that
authority also, shall consider any
objection or suggestion which may
be received by the authority having
power to make the rules or bye-laws
from any person with respect to the
draft before the date so specified ;
and
(e) the publication in the Official
Gazette of a rule or bye-law purpor-
ting to have been made in exercise
of a power to make rules or bye-
laws after previous publication shall
be conclusive prool that the rule or
bye-law has been duly made.
3?. Where any enactment is repealed and
re-enacted wj.th or without modification, then,
unless it is otherwise expressly provided, any
appointment, notification, order, scheme, rule,
form or bye-law made or issued under the
repealed enactment, shall, so far as it is not
inconsistent with the provisions re-enacted,
continue in force, and be deemed to have been
made or issued under the provisions so re-
enacted, unless and until it is superseded by
anv appointment, notification, order, scheme,
rule, form or bye-law, made or issued under
the provi.sions so re-enacted.
Construction of
notifications etc.
issued under
enactments.
:0
the contrary either in the rule or in the enact-
ment under which it is made, come into force
on the day on which it is published in the
Official Gazette.
40. (1) Every rule made by the Government Laying of rules
of Arunachal Pradesh under any enactment before Legisla-
shall be laid, as soon as may be after it is made, tive Assembly.
before the Legislative Assembly of Arunachal
Pradesh, while it is in session, for a total period
of ten days which may be comprised in one
session or in two or more successive sessions,
and if, before the expiry of the session in
which it is so laid or the session immediately
following the session or the successive
sessions aforesaid, the Legislative
Assembly makes any modification
in the rule or resolves that the rule should not
be made, the rule shall thereafter have effect
only in such modified form or be of no eflect
as the case may be, so however, that such
modification or annulment shal1 be without
prejudice to the validity of anlhing previously
done under that rule.
(2) Where any Central Act in force in
or applicable to Anrnachal Pradesh and rela-
ting to matters with respect to which the
Anrnachal Pradesh Legislature has power to
make laws for Arunachal Pradesh, confers
power on the Govemment of Arunachal
Pradesh to make rules thereunder, then subject
to any express provision to the contrary in
such Act, the provision of sub-section (1) shall,
so lar as may be, apply to the rules made by
the Government of Arunachal Pradesh in
exercise of that powcr.
. CHAPTER VII'
MISCELLANEOUS
41. (1) In any enactment, rule, bye-iaw, Citation of
instrument or document made under or with enactment.
reference to, any such enactment, any enact-
ment, may be cited by rcference to the title
or short title (iI any) conlerred thereon or by
reference to the number and vear thereof.
2l
(2) Any provision in an enactment may
be cited by reference to the section or sub-
section of the enactment in which the provi-
sion is contained.
(3) In any enactment, a description or
citation of a portion of another enactment shall,
unless a different intention appears, be cons-
trued as including the word, section or other
part mentioned or referred to as forming the
beginning and as forming the end of the por-
tion comprised in the description or citation.
42. The provisions of the Indian Penal Code Recovery
in relation to fines and the provisions o1 11r" offincs.
45 of 1860 Code of Criminal Procedure, 19?3 in relation
z of ll74 to the issue and the execution of warrants for
the IerT of fines, shall apply to all fines
imposed under any enactment, or rule or bye-
law made thereunder, unless the enactment,
rule or bye-larv, contains an express provision
to the contrary.
43. Where any enactment authorises or Meaning
requires any document to be served by post,
whether the expression "serve" or either of
the expression "give" or "send" or any other
expression is used, then, unless a different
intention appears, the service shall be deemed
to be eflected by properly addressing, prepay-
ing, and posting by registered post, a letter
containing the document, and unless the con-
trary is proved to have been €ffected at the
time at vrhich the letter would be delivered in
the ordinary course of post.
of service
by posr.
Published irr the Arunachal Pradesh Gazette,
Extraordinary, No.225, VoI. 1.1, dated January
l, 1983.
ItoTE :