The Assam General Clauses Act, 1915

fHE ASSAM GENERAL CLAUSES ACT, 1915* (Assam Act No. II of 1915) CONTENTS Section Preliminary 1. Short title and commencement. 2. Meaning of the worj "A~.;t" . 3. Application of Act to other enactments. 4. Definil ions. 5. General rules of construc tion. 6. Bffect of repeal. 7. Revival of repealed enactments. 8. Construction of references to repea led enactments Section . 22. Construction of orders. etc. issued under enactments. 23. Power to make, to include power to add to, amend, var-y or rescind orders, rules or bye-laws. 24. Making of rules or bye· laws and issuing of orders, between pass­ ing and commencemen¢ of enactments. Provisions as to orders, rules,' etc., I made under enactments- Sections 25·28 9. Commen::ement and termination 25 of time . P1'ovisioos applicable to ma};:ing of rules or bye-laws after pt~-. vious publication. 10 Computation of time 11. Measurement of distance. 12. Duty to be taken pro rata in enactm ent. 13. Gender and number. 14. Application of Acts. Powers and Functionaries 15. When po .vers and duties to be txercised and performed. 16. Exercise of power and perform­ ance of duty by temporary bolder of office. 17. Power to appoint to include powel' to appoint ex-officio. 18. Powel' to appoint to include powel' to suspend or dismiss. 19. Substitution of functionaries . 20. Successors. 21. Official Chief:; and subordinates. 26 Continuation of orders, etc. , issued under eoactroeots rep~aled and re-enacted. Provisions as to orders, rules, etc. made under enactments­ Miscellaneous-Sec­ tions 17-31 27 . Publications of orders and Noti­ fications in tbe official Gazette. Miscdlaneous 28. Recovery of fines. 29. Provision as to offences punish­ able under two or more enact­ ments. 30. Meaning of ser-vice by post. 31. Citation of enactments. 32. Saving of previous enactments, rules and bye-laws. 33 Application of Act to Ordinances and Regulations. *Published in the A<>sam G azette on the 19th January, 1916. [ 785 1 8 ALA-99 786 North-Easte rll Region Local Acf3 & R11les An Ac for shortening the language used in Assa m Acts , and for other purposes [S Whecas it is expedient to provide for the iott>rpretat ion of ksam Acts, for sh~rt dliog the language used therein and for making certai n other prov i· sions rela:ing to such Acts ~ It is aereby enacted as follows ; Preliminary I. Short title and commencement. 1his Act may be ca lled the Assa m G .nera l Clauses Act, 1915 . NOIES Section 1. The General Clauses Act o f 1897 (the Centra l Act) was enacted with the object to place in one single sta tute di fferent provisions as rega•;d~ inter preta tionq of words and lega l pri nciples which would o therwise have tc1 be specified separately in many d ifferent Acts and Regulations. Whate\Ver the General Clauses Act says , whether a s t ega rds the meaning of wo rds o r- as rega rds legal principles, bas to be read in to eve ry statute to which it applies. [Chief inspector of Mine3 v. Karam Chand Thapar, AIR 1961 fL.:; ts3~l- This Centra l Act is a consolidating and amending Act [NibaJ ·onChandrav. Mahendranath , AIR 1963 SC 1890J. 1 bis Act was enact, .!d \\ ith the purpose to a void superfluity a nti repetition of la nguages, and s' t10rten language used 10 p arlla meota ry legis l <~ tion . 'J his Act is not meap_.t to give a h ide-bound meaning to terms a nd phrases generally occurr- i;,,g 10 legislation [N. Subramania v. Official Receiver , AlR J95R SC 1). This Act can apply for the interpretat ion of the Const ttution ns it a pplies fo r the interpreta tion o r an Act. [Ram Ki3hore v. Union of India, AIR 1966 SC 644] . 2. Meaning of the word "Act" . I n this Act, the wo rd "Act" shall mean an Assam Act. 3. Application of Act to other enactments. The provisions of Ss. 4 t o 3 1 sh all a pply to the Act, und shall apply, and sha ll be deemed a lways to have applied to all Acts m ade whether before o r a fter the commenc em ent of this Act. 4. Definitions. In a ll Act, unless there is a nything repugn&nt in the subject o r context- NOTES Section 4. The definitions in this sec tion will :t pply only if there is nothing repugnant in the subject Ol' context. [Dulichand v. C . 1. T , AIR 1956 SC 354 ~ Dandhania Kedia and Co. v . C . 1. T . , AIR 195\1 SC 219; State of Punjab v . Mohar Singh, AIR 1955 SC 811 ~ Jndra Solzanlal v. Custodian, AIR 1956 SC 77] . ( 1) " a bet" with its grammatica l va r ia t ions and cognate e~pressions shall ha ve th e same meaning as in the I a d ian Pen? 1 Code ; NOTES Clause ( 1). Section 10 ~ of the Ind ian P enal Code deals with the defini­ tion of "abet". [For si milar prov isions see Cl. (1) of S. 3 of the Centra l Act]. 1 i \ \ ~ 4) AHam Gen!'rnl C/auus Act, 19 15 787 (2) ·:act" used with rererence to an offence or a civil wrong , shall mclude a "<'rics of acts, a nd worde wbtch refer to acts done ~ball extend also to illegal omis ions; NOTES Clauve (2) For the definition o f tbe word ' ' illegal" see S. 43 o f the Indian Penal Code. . In view of the prwi~ionc; of this Act,,the expression ' act ' a l•o includes tllcgal omi'lsio'l~ (A?t'llgrmvued Electricity Company v. Ajmer Municipnlicy, AIR 19 ~>9 <;C 227; see a/yo Public Prosec'ltor v. R Roju, AIR 1972 I)C 2504]. (3) "affidavit" sha\\ include affi rmation and declar ation of the case of per~ons by law allowed to affirm or declare instead of swea rin!! ; NOTES ClwHe 3. Affi lavit aae~ted bv a judicia l <'fflcer does not a mount to an affidavit of the o;ig"atory. r his rlefi'lition is inclusive anrl not exhamti <' and in o;uch cHe the proviqion of O:Hho; Act will come into play (C IY71) 1 sec 1021 ( 4) [/) ·I etc:'d 1 ('i) "Ac:o;a m Act" shall mean a n Act made by the Chief Commissioner of A~c:n m in Council under the Tnd ian Councils Act, Jl\6 1 to 1909 o r any of those Acts o r under the Government of India Act, 191 c; . o r hy the Local Legisl'lture of Assam under the Govern­ rn nt of ln tlia Act , 19\S, or by the l'rovincia l Legi!>l.ltur.-: or the G overnor of A<;~f!m undu the Govern mt nt of India ~ct. 193'\ or hy t he Le~1'1l1ture of th,. State ot Asnm .under the Consti- tution ; (6) •· Barrio;ter" ~hall mcnn a harristcr of England Ol' Ireland or a mcmh<' r o f the racully of Advoca tes in Scotland; (7) "Ben~al Act" sha ll mean an Act made hy the Lieutenant Gov­ ernnr of Bengal in Council under the Indian Councils Act, 1861. or the Indian Counci ls' Act. 186 I and 1892, o r the Ind ian Council's Act, 1!l6 1. 1892 11 nd 1909, or made by the Governor in Council of Fort William in "Bengal under the Indian Council 's Acto;. 186 1. 1892 and 1909, or by tho local le!!i.lature of Benga l under the Government o f India Act ; ( 8) [Deleted.] (9) "British posses!tion" shall mean any part of Her Maiesty's domi· n ions, excluo;ive of the U ni ted Kingdom, and where parts of those domi nions are under both a Central anc\ a local legislature, all pa rts under the Central legislature sha ll, for the purposes of thi<> dclinition, be deemed to be one British possession ; ( 10) ''Chapter" shall mean a Chapter of the Act in which the word occurs; (ll) "Colony"- :Vo rlt Ealtern Rtglon Local Actr .. 't Ru!L's [S. 4 (a) in any Assam Act passed after the commencement of Pa rt Til of the G overnment of India Act, 1935 , shall mean any part of His Majesty 's dominions, exclusive of the :9riti~h Islands, the Dominion<: of India and Pakista n (and before the eqab­ lishmeot of those Dominions, I.Jriti. h India} , any Dominion as defined in the Statute of Westminster, 19 31, any Province or State form ing part of any of the said Dominions, nod British Burma ; and (b) in any Assam Act nasserl before the commencement of Part IT£ of the c;aid Act, mean any part of His Majesty'c; dominions exclu~ive of the British Islands nnd of Briti~h Inclia ; am\ in either ~H~e where p11rts of tho~e dominions are under both a Cen!ral and Local Legislature , all part;; under the Central Leg,o;lature shall. for the purposes of this clefinition, be deeme:1 to be one colony ; (12) "commencement", used with reference to an Act, hall mea n the day on which the Act comes into force ; (13 "C'ommissioner", ~hall mran the rhief Officer in charge of the revenue · lldminio;tration of n division and shnll include the Assam Revenue Tribunal while exercising jurisdiction hereto­ fore exercic;ed hy a Commissioner in appeals and revi<~ion in Revenue CB'lCS ; (14) "Consular Officer" shall include consul ,general, consul, vice­ consul, consula r agent, pro-cono; ul, and any person for the time bein g authoric;ed to perform the duties of con<;u\-general, consul, or vice-conc;ul or con<~ul agent ; ( 15) "Oeouty Commic;sioner" shall mean the chief officer-in-charge of the general adminic;t ration of dist rict. ( 16) "District C'ourt" shall mean orincioal Civil Court of original jurisdiction; but <~hal\ not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction ; ( 17) "Dic;trict Judge" sba ll mean the Judge of a District Court ; NOTES In Maniour, Additional Dic;trict Judge would come within the meaning of thic; clause. [AlR 1964 M rtniout' 351. The question whether a n Adrlit1onal Distnct Judge or an Additional Judge is a Judge of 1 he Di-;• net Court and extent of hi<; powers of a Dist rict Judge shall clepend upon C1vil Courtc; Rules etc. in force in d1tferent States . [Kuldip Singh v. Tlw Stnre of P11njab, ATR 1956 SC 391]. ( 18) "document" shall include a ny m atter wrillcn, expre~sed or d<'•cnh­ ed upon any substance by means of letters, figures or m.•rks, or by more than one of those means, which is intended to be used, or which m~ty he used for tbe purpose of recording that rna tier ~ NOTES Clause 18. The Nord "document" does not include Indi.tn Currency. A plain reading of the clause shall refute such a contention . [Kri slman \ Asram General Clauses Act, 1915 789 Sukumaram v. Enforcement Officer, ATR 1968 Kerala 208] . But in another case l '\[R I Y62 TJ:Iipura 50) it was held that the definition of document includes foreign currency. ( 19) "Eastern Bengal and Assam" shall mean the terPitories which were under the Administration of the Lieutenant-Governol' of Eastern Bengal and Assam immediately priol' to the Constitution of the Chief Commissionersltip of Assam io 1912 ; (20) "Eastt.rn Bengal and Assam Act" shall mean an Act made by the Lieutenant-Governor of Eastern Bengal and Assam in Council under the Indian Councils Acts, 1861 to 1909; (21) " enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal Code, and shall also include any pro vision contained in any enactment or in any such Regula· tion as aforesaid ; NOTES Clause 21. The definition of enlctment in this clause is inclusive and not exhaustive, therefore, the matter 18 not concluded merely by that fact that an .. ) rdina nee" is oot inclu Jed in this definition . (Haroobhai v. State, AlR 19;,7 Ouj 2 2-J]. (22) "father" in the case of any one whose personal law perm1ts adop­ t ions sha ll include an adoptive father ; (23) "financial year" shall mean the yenr commencing on first day of April; (24) [Del etedj. (25) A thing shall be deemed to be done in ••good faith" where it is in fact d)oe honestly, whether it is done negligently or not; NOTES Clause 25. Section 25 of the Indian Penal Code and S. 2(h) of the Limitation Act, also define "good faith", but both these definitions are at va.riance with the definition given uodel' this clause. Under the definition in thts clause stress is given on one aspect of honesty only irrespective of negli­ gence, but in the Indian Penal Code both the aspects-honesty and m·g\igence have been taken into consideration. The definition given in the Limitation Act is identical with the one given in the Penal Code. [See AIR 19 ~6 Orissa \24 and AIR 1969 Bom 127] . It was held in the case of N. Subramania v. Official Receiver, [AIR. 19S!s SC 1), that the definition of "good faith" in the Indian General Cla uses Act would have been applicable to the loJian Limita­ tion Act also but the legislature in its wisdom has given a special debnition of "good faith" different from the one in the Indian General Clauses Act -so is the case of the Indian Penal Code. It cannot be said that the definition of "good faith" as give:• in the General Clauses Act must apply in the same sense to every piece of legislation to which it may apply irrespective of the subject or the context. [See also Harbhajan Singh v. State of Punjab, AIR l ~66 SO 97 ; also AIR 11J66 SO 1260] But the definition of ·• good faith" given in the Factories Act (S. 117) is similar to the one given in the OeneFal Clauses Act. ?90 North-Ea!lfem R.Jgirm Local Acts & Rules [S . 4 [Se~ also S. 22 of the Tndustrial Disputes Act]. For an action to amount mala fide something more than negligence is necessary, so as to impose liability on the actor, [AIK. 1975 SC 529]. (26) "Government" or "the Government" shall include the State Government as well as the Central Government ; NOTES . Clause 26. The term "President" can tot be divorced froin the expres- Sion "Government of India" occurring in Art. 77 of the Constitution. (Chattar Singh v. The Union of India, AIR 1967 Raj 194]. (27) W eletedJ. (28) "High Court" shall mean the High Court of Judicature at Fort William in Bengal ; {29) W eleted} . {30) "immovable property" shall include land , benefits to arise out of land, and thing~ attached to the ear th, or permanently fastened to anything attached to the earth ; NOTES Clause 30. 1'he word "immovable" as used in this Act would connote all that would be "real" prop~rty according to the English law and possibly more. "Standing crops" are immovable property [AIR 1935 Mad 134] and "trees" would also be included in the definition [1\TR 1927 All 2'i 4l Tbe ~upreme Court in tbe case of Smt Shantabai v. State of Bombay, [AIR 1958 SC 532] held that ''Trees" are rega •dec\ as immovable property because they are attetched to or rooted in the earth. Section 2 (6) of the Regist ration Act express ly s1ys so and though the Tr..1nsfer of Property Act does not ~pecifi­ C<tlly define "immovable propertv, because of this clause of the General Claus¢s -\ct. tree.; would he treated as "immova ble property" . Tbe Supreme C'ourt in artother c'lse rMahadeo v. State of Bombay, ATR 1959 SC 735) held ttJat the things rooted in the earth as in the case of trees and shrubs, are immovable property both within the General Cl<~ uses Act and the Transfet~ of Property Act 'T'he Supreme Court in the case of Anand Beharn "·Stat.: of Orissa, r \IR 195o SC 171 held that the sale of a right to catch and c1rry a 'vay fish in specific portion of the lake, is reearded as a henefit that arises out of the land . [See al~o AIR 1971 SC 20971 The right to receive rent fol' the occupation of the land i~ the right of henefit'l arising out of the land . [AIR 19 '2 Orissa 116 ; See also ATR 1936 PC 2301. Machinery if it is affixed to the soil can be iO"movable property. {AIR 1938 A 11 57~]. The structure which is permanently fixed to the land is immovable property for the purpose of Pre-~mption Act [ATR 1959 J and K n1. Structure of a building, building, doors of a house, bamboos are all immov­ able property . Insurance Policy is a moveable property. [Bulchand Candiram v . Bank of lnd;a, AIR 1968 SC 1475] . Interest of a partner in partnenhip assets e en coosi~ting of la nds is a moveable property. [Addanki Naray@oppa v. Blzask01a, AIR 1 ~ 66 SC 1300] . s. 4] Assnm General Clauses Act, 191 5 791 (31) "imprisonment" shall mean imprisonment of either C'escription as defined in the [ndian Penal Code; NOTES Clause 31. Undet' this clause the word 'imprisonment' means impl'ison­ ment of eithe~ description as defined in the Penal Code. (32) tDeletedj . (33) " J udicial proceedings" shall mean any p roceeding in the course of which evidence is. or may be, legally taken ; (34) "loca l authority" shall mean a body of Municip:~l or Station Commissionel's, Loca l Board, Ol' any other authority entrusted by the Government with, or legally entitled to, the control or managelt'ent of a municipal or local fund ; NOTES Clause 14. The State Tran~port Corporation is riot a local authority. [Valjibhai v. Tire State of Bombay, AIR 1963 SO 1890]. State Electricity Board, group of villagers a nd :State Housing Board are also not "local authority". (3 5) " Loca l Administ~ation" shall mean the Provincial Government; (36) LDeleted] . (3 7, " Magist rate" shall include every person exercising all or any of the powers of Magistrate under the Code of Criminal Procedure for the time bejng in force ; NOTES C/auae 37. 1 he definition of "Magistrate" in this Act is not confined to Magistratc:s exercising jurisoiction under tbe Code of Criminal Procedure ~ it merely includes them. (38) "master" used with reference to a ship shall rr.ean any person (except a pilot or harbour-master) having for the time being control or charge of the ship ; ( 39) "month" shall mean a month reckoned according to the British calendar. NOTES Clause 39. Month means English Calendar month. [AIR 1961 Tripura 16 and also see AlR l Y62 Orissa 149] . (40) "movable property" shall mean property of every description except immovable property ; ( 41) "notification" shall mean a notification in the official Oazelte ; (42) " oath" shall include affirmation and declaration in the case of person by law allowed to affirm or declare instead of swearing ; 792 North-Ea3tern Region Local Act3 & Rules {S. 4 NOTES Clause 42. "Oath" includes affirmation and as such undt'r S. 145 of the Code of Criminal Procedure affidavits from a very important piece of evidence for arriving at a finding of poss('ssion. (43) "offence" shall mean any act or omission m ade punishable by any law for the time being in force ; NOTES C/au3e 43 . The word "made" used in this clause is very significant because it carries the implica tion that some authority empov. ered to do f o has laid down the law. (AIR 1Y54 All 319] . (44) "part" shall meuu a part of the Act in which the word o~:curs (4 5) ''person" shall include any company or association or body of individuals, whether incorporated or not ; NOTES Clause 45. An association of persons is normally one in which two or more persons join in a common purpose or common action There is no formula of universal application but must depend upon particular facts and circumst nnces A Municipality [AIR 1937 Bom 417; AIR 1969 All I] ; Hindu diety [AIR 1969 SC 1089] ; a limited company, Managing Com­ mittee of a school [A l R 1969 Orissa 30] ; Company registered under the Companies Act LAIR 1956 Cal 137] all come within the definition of "pel'son" , but to import th is definiti.>n into S. 4 of the Partnership Act, will be totally repugnant to the subject of partnership law because the meaning of the word "penon" in the Partnership Act is controlled by the conteAt. [AIR 1956 SC 35 ) . (46) "Politica l Agent" shall mean- (aJ in relation to any territot~y outside India, the Princi pal Officer, by whatever name called, representing the Central Government in such territory ; and (b) any officer appointed to exercise all or any of tbe powers of a Pol ttical Agent for any place not forming part of India under the law for the time being in force rela ting to foreign jurisdiction ; (47) [Deleted]. ( 48) [Deleted]. (49) "public" includes any class of the public 011 any community ; (50) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code; (51) "registered" used with reference to a document, shall mean registered in (a Part A State or a Part C State] undel' the law for the time being in force for the registration of document ; 1 S. 4] A.uam General. Clau.Je.J Act, 191S 793 (52) " Regulation" shall mean a regulation made by the Govetnor­ un der the Sixth Schedule to the Constitution or under the Govemment of Indi a Act, 1935, and :-hall include a regulation as defined inS 3 ( SO) of the Genera l Cla uses Act, 1897; (53) "tule" shall mean a rule made in exercise of a power conferred by any enactment and shall include a regulation made &S a rule under any enactment ; (54) "Schedule" shall mean a Schedule to tbe Act, in which the word occurs ; t55) "Scheduled District" shall menn a "Scheduled District" as defined in the Scheduled Distr-icts Act, 1874 ; ( )6) ''section" shall mean a section of the Act in which the wo~d occurs ; (57) "ship" shall include every description of vessel used io navigat ion not exclusively propelled by oars ; (58) "sign" with i ts grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include "mark", with its grammatical variatJOn:, and cognate expressions ; NOTES ClauJ"e 58. Where a person authorises another to sign for him, the sigoature of the person so signing is the sigoltu~e of the person autho~ising him. (AlR 1976 P..1t 23~) In this section Cls. 4, 29 and 47 were omitted by Adapt at ion of Laws Order, lYSO ; Cls 8, 24, 27, 32, 36 and 48 were omitted by A. 0. Order 1937. Clauses 11, 46 and 52 wrre substituted and 01. 47 amended vide Adap­ tation of Laws (1'hil'd Amendment) Order, 1951. (59) "son" in the case of any one whose personal law permit s adoption, shall include an adopted son ; (60) "sub-section" shall mean a sub-section of the stction in which the word occurs ; (61) ••swear" witll its grammatical variations and cogoate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing ; (62) "vessel" shall include any ship or boat or aoy other description of vessel used in navigation ; (63) "will" ~hall include a codicil and every writing making a volun­ tary posthumous disposition o( property ; (64) expressions ~eferring to •·writing" shall be comtrued as including references to printing, lithography, photography and other modes of representjng or reproducing words in a 't'isible form ; and (65) .. year" shall mean a year reckoned according to the British calendar. 8 ALA-100 194 North-Etutenc Region Local Act.J & Rules General Rules of constluctioo- Sections 5 and 6 5. General rules of coo~truclioa. (. 1) Where any Assam Act is not expressed to come into opl!ration on a particular day, then- (i) i!l the case of an Assam Act made before the commencement of the Consti tution, it shall come into operation, if it is an Act of the Legislature, on the day on which the assent thereto of the llovernor, the Governor-Ueoeral or Hts Majesty, as the case may require, is fil'st published in the official Gazette, and if is an Act of the Governor on the day on which it is first published as an Act in the official Gazette ; and (ii) in the case of an Assam Act made after the commencement of tile Constit •Jtion, it shall come into operation on the day on wbit.;h the assent thereto of the Governor or the Prestdent, as the ca~e may require, is first published in the official Gazette. (2) Unless the contrary is expressed, an Act shall be construed as com­ ing into opera two immediately oo the expiration of the day preceding its commencement. NOlES S ection 5. Sub-sect ion {1) of this sectio n was substituted by the Adap­ tation or Laws (Third Amendment) Order, 1951. 6. Effect of repeal. Where any Act repeals any enactment hitherto made, or h1 reafter to be made, theo, unless a different intention appears, the repeal shall oot- la) rev1ve anything not in force or existina at the time ut which the repeal t akes effect ; or (b) alter the previous operation of any enactment so repealed or any­ thing duly done or suffered thereunder ; or (.C) affect any ~ight, privilrge, obligation, or lia bili ly acquired, accrued or m;urrej under any enactment so repealed ; or (d) affect any penalty, forfeiture or punishment incurred in respect of any oiience committeo against any enactment so repea led ; Ol' l_e) affect any investigat ion, legal proceeding or remedy in respect of any s uch rignt, privilege, obligation, hab11ity, pentt lty, forefei­ ture, or pumshment as aforesaid ; and any ~uch investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be 1mposed as it the Repealing Act had not been p assed. NOTES Section 6. Under the law of England , as it stood prior to the Interpre­ tation Act of 1 ~89, the effect of repea ling a statute was said to oblitera te it a· completely from the records of Parliament as 1f it had never been passed, except for the pur pose of tbose actions, which were commenced, prosecuted and concluded while it was an existing law. A repea l therefore without any saving clause would destroy any proceeding whether not yet begun or \\bethel' s. 8] A.uam General ClauJ6J AN, 191~ 795 pending at the time of enactment of the Repelling Act and not a lrearly pro­ secuted to a fin 1l jurigrnent so '\S to create '\ vested right. To obviate such results a practice come into existence in Bngland to insert a saving clause in the repealing statute with a view to preserve rights and liabilities already accrued or incuned under the r•peated enactment. L1ter on, to dispense with the ne:e~'!ity of having to in~ert a saving clluse on each occ1sion, S. 38 (2) was inserted in the Interpretation Act of 1889 which provides that a repeat, U'lle~" the contrary intention appea~s does not affect the previous operation of the repealed enactment or anything duly done or suffered under it and any investig3tion, legal proceeding or remedy may be inc;titut"ed, continued or eofori:ed in respect of any right, liability and penalty under the repealed Act as if the Repealing A~t has nr>t b::cn p1S'!ed Section 6 of the Oen~rat C\au~es Act, as is w~l\ known, is on the sa me tines asS. 38 ( 2) of the Tnter· pretation Act of England !State n.f Punjab v Mohar f\ingh. AIR 1955 SC 84: The Com'ninioner of Income-tax v. Godavari, AlR l'J67 SC 5'\6 See also Qudrat Ullah v. Municipal Bo'lrd. AIR 1974 -;c 39fi1 This section applies even to p'\rtial rep~.1l. (Elcntabaruppa v C. P T O_fjicer, ATR 196) SC 1540} The hw does not favour repea l by implication (AIR \964 SC 12~4 : AlR 1966 SC 1780; ATR 1963 ~C t ' 611; nor any such inference can be m ade [ <\IR 1970 sr. 4031. This section has no Application when a statute which is of a temporary nature automatically expires by affiu.: of time [ \I .<. 1955 ~C 84: AIR 19~9 '\C 609; AlR 1962 SC 94'1 A repeal effected by a temporary \egi~lation is only a temporary repeal {AIR 1962 SC 128 Jl . A p~nding action will not be prima facie affected, which is to be deciried as if the repented enactment was still in force ( A.TR 1970 <:;C 1636: see also AlR 1976 SC 9 58] . This section will h ave no application if the law has a retrospective operation (AIR 1961 SC 10261 Under this section the repeal of any Act will not affect any right or liahility acquired or incurred under the repealed enactment. [AIR 1967 SC 1541) . A vested right unrler the old Code is saved by this section if replaced by the new Code. { -\lR 1969 SC 1225]. This section is similar to S. 6 of the Central Act. 1. Revl•al of repealed eoactment1 In any Act it shall be necec;sary for the purpose of reviving either wholly or partially, any enactment wholly or partially repea led, expressly to state that purpose. NOTES StctloJJ 1. Undef! the English Common Law when a repealing enact­ ment was repeated by another statute tbe repeal of the second Act revived the former Act 'ab initio'. but undet' this section if an Act repealing a former Act is itself repealed. the last l'epeal docs not revive the Act hefo re repeated unless words are added reviving it. [.4meer-un·Nessa v. Mahboob Begum, AI 't 191:i SC 3 ' 2]. Where the repealing Act was struck down as void and constitution fro m its inception. it could not have tho effect as if it had repealed the previous Acts [AIR 1974 SC 1480) . (This section h similar to S. 1 of tbe Central Act.) 8. C')ostructioo of reference• to repealed enactments Where any Act repeals and re-enacts with or without modification . any provision of a former enactm.:nt, tben references in any other enactment or in any instrument to the provision so repealed shall unless a different intention appears, be coos­ trued as references to the provisions so rc-ena~ted. 796 North-Ea.rern. ReiJon Local Acl.f & .&41•1 LS. 9 NOTES Where the .. e is no repeal or re-enactment this section will not apply. [AIR 1976 HP 6]. Under sub-S ( l) of this section where any Act repeals and re-enact• with or without modiflcation, any provision of a former enactment then references in any such enactment or in any instrument to t be provisions so repealed shall, unless a different iotetion appears, be construed as references to the provisions so re-enacted . lN C J. Mills & Co. v. The Asstt. Collector ofCemra/ Excise, AIR 1971 SC 454. See also '\lR h66 SC 1995] . 'rhe word "instrument" as used in this section includes any order of President as envisaged under Act 359 ( I) of the Constitution. [AlR 1964 SC 17 3]. The Supreme Court io the case of State of U. P v M. P. Singh, [AtR t9fl0 SC 569) observed that the reference in the defiuition by which cler ical and other establishments of factories are included is to the Factories Act of 1Y34, but, by virtue of this section, it must be construed as a reference to the provisions of the Factories Act of 1948, which repealed the Factories Act of 1934 and re-enacted it. (This section is simila r to S. 8 of the Central Act). 9 . Commencement aod termio:~tlon of time. In any 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". NOTES Section 9. Where an act is to be done within a specified time I. e., a certain date, t he day of that date is to be excluded. lAIR lY72 SC 1293). (This section is similar to S. 9 of the Central Act) . 10. Computation of time. Where, by any Act, any act or proceeding is directed or allo.,..ed to be done or taken in any Court or office on a certain day or within a prescribed peri )d, then, if the Coul't or office is closed oo that day or tho last day of the prescribed period, the act or proceeding shall be considered a<: done or taken in due time if it is done or taken oo the next day afterwards on which the Court or office is open : Provided that nothing in this section shall apply to any act or procet.­ ding to which the Indian Limitation Act, 1908, applies . NOTES The object of thiR section is to ennble a person to do what be could have done on a holiday, on the next working day [AIR 1957 SC 271]. Even if S "' of the Limitation Act does not apply, s 10 of General Clauses Act will certainly apply to election petitions to be filed under the Representation of Peoples Act. [AI~ 1974 !)C 480]. 11. Measurement or distance. In the measurement of any distance, for the purpose of any Act, that distance shall unless a d1ffHent intention appears, be measured in a straight line oo a hori:~Jootal plane. • '/ • • • S· 16] AJJam Gmeral CJauJt Act, 1915 191 U . Duty to be takeu pro rata lu enactme:.t Where. by any act, any duty of customs or excise, or in the nature ther..:of, is levi'lble on any given quantity by weight, measure or value of any ~oods or merchandise, then a like duty is leviable accordina to tbe same rate oo any greater or less quantity 13. Gender and number . In all Acts, unless there is anything repug­ nant in the subject or cootext- (1) words importing the masculine gender shall be taken to include females; and (2) words in the singular shall include the plural, and vice-verJa. NOTES Sectio11 13. Tll is sectioD only enacts a rule of construction which will apply "unless there is anything repugnant h th• subje~Jt or context" . [ \[R 1959 SC 219] . The word "insurer" as provided under the prov1sions of the Insurance Act, includes person who has closed his busioe is I <\I R 1960 sc 971) . 14 Application or Acts . Unless and until extended under the Schedul­ ed D •stricts Act, 187~ or other -vise, no Act in the absence of special provi­ sions to tbe contr 1ry, shall come into force in the di')t rictq of the Oaro Hills , the Kllasi and J aintia Hills, the Naga Hills an.! the Lushai Hills, the North Caohu Su'l-divisioo of the c.~ctlar District, the Miki r Hills Tracts i'l the Nowgong un i Sib;agar Districts, the L'lklimpur Frontier fract and the O :ntral B.mer and Wc:stern sectio ns of the Nortb-East Frontier. NOTES Section 14 Thi~ section was o itted by Adaptation of L1ws (Third Amendment) Order, 195 l. General rules of construction -PmYers and fonctloo:1ries - Sections 15-ll Powers and fimctionarie.J 15 When powers and duties to be exercised and pedormed. Where ao Act confers a power or imposes a duty, then tue power may be exerci,cd and the duty sha ll be performed from time to time as occ..t~i on requires. NOTES Section 15. By vi rtue of t1is section the C)'Tlpetent authority will have power to fh site<; fo r K..huti from time to time a~cordin g to the need of the situJ tion (AIR 1953 Assam 16~] fbi~ section deals with the exer.:ise o f powers uccessively and h1s no relevJnce to the question as to whether the power claimeJ can be conferred at all. (<\IR 196J SC 1198]. (This section is similar to S 14 of the Centr.1l Act) . 16 Exercise of power and pcrrorm.1nce of duty by temporary holder or office Where an Act confers a power or im p..>ses a duty on the holder of an offi.:e, as u.;h, then the power mJy b~ cxercio;rri and the duty shall be performed by the holder for the time being of the office. ------- 798 North·6(Wern Aegion Local Acta & RtJJea [S. 17 17 Power to appoint to include power to appornt ~x-officio Where by an Act, a r>ower to appoint any per'lon to till 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 by virtue of office. NOTES Section 17. Appointment can be made by virtue of office. [AIR 1968 SC 432. See also AlR 1964 Tripura 9) . (This sectioft is similar to S. 15 of the Central Act). 18. Power to appoint to Include power to su'ipend or dismiss Where, by a,y act, a power to make any appointment is conferred. then, unless a differocnt intention appears, the authority having po .ver to make the appoint­ ment shall also have power to !I'IS"end or dismiss any person appointed by it in e~ercise of that power. NOTES Section 18. Rec;ulting from this section which by virtue of Art . 367 (1) of the Constitution applied to the Construction of the word, "appointment" io Art. 229 ( t) thereof which vests the power of appointment in the Chief Ju-;tice and ic; equ dly effective to veit in him the power of dism i'sal. [AIR 1956 SC 28 ' 1 Thi-; section confcrc; a general nowrr upon an lll)pOinting authority to orJer suspension. [AIR 1964 SC 72; AIR !9.)9 Cal 294 ; AlR 1966 SC 33~] Tn a C'lse where the As istant Secretary has to appoint teachers on advice of Board, be is still appointing authority and can therefore dismiss those appointed by him [AIR tQ6) Assam 101 reversed in AIR 1967 SC 459) It is no .v well settled rule of interpretation that a powet' to app:>int ordinarily implies a power to determine the employment. [ A.IR 1975 sc 641]. (1'bis section is similar to S 16 of the Central Act) . 19. Substitution or runctlooeries In any Act, it sh<lll be Sl lfficient, for the purpo~e- of indicating the application of a law to every per~on or number of personc; for the time being executing the functions of an office, to mention the official rule of the officer at present executing the funct iOnS o r that of the officer by whom the functions are commonly ~xecuted. 20. Successors. ln any Act, it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any function aries or of corpor.llions having perpetual succession, to rxpress 1ts relation to the fuoctionarie or corporations Provisions as to orders, rules , etc made under enactments- Sections 'U-21 11. Official Chie(s and Subordinate In anv Act, it shall be sufficient, f011 the purpose of exoressiog that a law relJting to chief or superior of an office shall apply to the deputies 011 subordtnate'l lawfully performing the duties of that office iD the place of their superior, to prescribe the duty of the superior. ' 12 Construction or orders, etc Issued under enactments . Where by any Act, a power to make or issue any notification, order, scheme, rule, forms or bye-law3 is conferred, then expressions used in the notification, order,scheme, s. 25] AJsam General Clarues Act, 1915 799 rule, form, or bye-law, shall u nless there is an} thing repugnant in the subject or context, have the sa me: rel>pective me~uings as in the Act, conferr ing the power. 13. Power to make to include power add to, to amend, vary or rescind orders, rules or bye·laws. Where, by any Act, a powel' to ma ke or issue notifications, orrlers, schemes, rules, forms, Ol' bye-laws is conferred, then that po •ver includes a power exercisable io the like manner and subJect to the like sa nction and conditions (if any) to add to, amend, vary Ol' rescind any notificati .m , orders, schemes, rules, forms or bye-l:tws so made. NOTES Section 23. This section is similar to S. 21 of the Central Act. There is not hing in Art . 370 of the Constitution which would exclude the applica­ bility of this section .., hen interpreting the power granted by that Article. [AIR 1970 SC 1118] . l'be orders mentioned in this section are not orders of the kind contemplated io S. 5 of the Citizenship Act. lAIR 1!:167 SC l07j. The power to a lter the date of poll in exercise of the powers under this sec­ tion is valid. [AI R 1~74 SC 1218. Se~ a lso AIR 1976 SC 714 ; also AIR 1976 Delhi 168]. 24. Making of rules or bye· laws and issuing of orders, between passing and commencement of enactments. Where, by aoy Act, which is not to come into operation on the passi ng thereof, a power is conferred to 1t1 ake rules O\' bye-laws, o r to i sue orders with re1=pect to the application of the Act 011 with respect to the e:.tablisbment of a ny Court o r office or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where or the manner io which, or the fees for which, anything is to b~ done under the Act, then that power may be exercised at any time after the pl'>sing tl'ereof but rules, bye-laws or orders so made or issued sha ll not tate effect till the commencement of the Act. Provisions as to orders, rules, etc. made under enactments- Sections 25-28 25. Ptol'isions applicable to making of rules or bye-laws after pre ~ious publication . Where, by uoy Act, a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after prevJOUl> publ ication, then the following provisions apply, namely: (I) the a uthority haviog power to make the rules or bye-laws shall, ueforc making them publish a draft of the proposed rules or bye­ la wl> for the Information of persons likely to be affected thereby; {2) the publica1 ion shall be maue in such m anner as tbat authority deems Lo be suff,cient, or, if the condition with respect to pre­ " ious publication so requires, in such manner as tbe Government concerned pre cribes ; (3) there sha ll be published with the draft a notice specifying a date on or after which the dl'aft will be taken into consideration ; (4) the authority ha ving power to make the rules or bye-laws, and, where the rules Ol' bye-laws are to be made with the sanction, approva l or concurrence of another authority, that authority also sua ll coosid!!r any obJeCtion or suggenion which may be received by tbe authority having powell to make tbe rules 011 bye-laws trom any person with respect to the draft betore the date so specified; 1«>0 North-Eavtern Region Local Acts & Rules {S. 26 (5) the publicatiou io the official Oazatte of a rule or bye-law purporting to have been made in exercise of a po"' er to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law ha~ been duly made. 16. Continuation of orders etc. , issued under enactments repealed and re-enacted. Where any enactment is repealed and re-enacted with or without modification, then unless it is othel'wise 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 any appointment, notification, order, scheme, rule, form, bye-law made or issued under the provisions so re-enacted NOTES Section 26 This section deals with the continuance of orders, schemes, r-ules, forms or bye-laws made or issued under the repealed Act. (AIR 1959 SC 648 ; AlR 1960 SC 794). (This sect ion is similar to S. 24 of the Central Act). Provisions as to Orders, Rules, etc made onder enactments-Miscellaneous Sections 27-31 1.7. Publication of orders and notifications in the official Gazette. Where in any enactment or in any rule made unc'er any enactment, it is directed that any order, notification or othe.l' matter shall be notified or published, such notification or publ ication sha ll, unless the enactment otherwise provides, be deemed to be duly made if it is published in the Official Ouatte. M iscellaaeous 28. Recovery of fines. Sections 63 to 70 of the Indian Penal Code aod the provisions ot the \...Ode of Criminal Procedure for the time being io force in relation to the issue and the e.\ecution of warrants fot' the levy of fines shall apply to all fines imposed under any Act, or any rule or bye-laws made under any Act , unless the Act, rule Ol' bye-law contains an express provision to the contrary. 1.9. Provision as to offenc:es punishable under two or more enactment.. Where an act or omissivn constitutes an offence undet' two or more enact­ ments, the offender shall be liable to be prosecuted and punished under eithet' or any of those enactments, but shall not be ltable to be punished twice for the same offe[l()e. NOTES Section 29. This section is no bat' to trial 011 conviction but bar to dutllicate punishment. (AlR 1969 SC 701). If applied only when both complaints relate to same offence. (AIR 1961 SC 578). (This se.:;tion is similar to S l6 of the Central Act). 30. Meaning of "senk:e by post". Where any Act authorises or requires any document to be served by post, whether the ex pres., ion "give" or .. send' or any other expression is used, then, unless a different intention appeal'S, the service shall be deemed to be effected by propel'ly addressing, prepaying and postina by registered post, a letter containina the document, s 3 11 Auam General Clauses Act, 1? 15 POl and unle.)s th~: contra ry is proved, to hive been effected at the t ime at which the lctt l.! r w.>ull o~ delivered in the ord10.1ry course of post. NOTES S ection 30. Where a notice sent by registertd post was received back with an endorsement "refused" presumption of such a notice can also be m ade un•ler t his section . lAlR 1976 All .:> 15 ; AlK 1970 All. 446 relied upon) . N \) tice under certificate or posting a lso sufficient. (AI R 1976 Cal. 478). (Th is sect ion ts similar to S. 27 of the Central Act) . 31. Citation of enactments. ( 1) In <~ny Act and in any rule, bye-law, inst rument or document, made under, or with referc:nce to, any such Act, any enactment m .1y lle cited by reference lo the title or short tit le (if a ny) conferred thereon or by reference to tbe numbl'f and }'ear thereof, and any provi, ion 10 any enactrncnt m iY be cited by reference to the section or sub­ section o f the enactment in which the provtsion is contained. (2) I n any Act, a descnption or citation of a portion of a nother enact­ ment shall, unle"':i a d lffl.! rent intention appears, be construed as including the worJ, section o r other p art mentioned or referred to as forming the beg inning anJ as forming the end of the portion comprised in tbe description or citation. 32. Saving of pre\ iou cosctmcnts, rules aod bye-laws. Where any Act, rule or bye. law made after the commencement of this At.t continues o r amends any Bengal Act which is in force in Assam or uny rule or bye-law m ade thereunder before the commencement of this Act , the foregoing sections of this Act s:,all not by reason merely of such continuance or amendment affect the construction of such Bengal Act. 33. Application of Act to ordinances and Regulations. The provisions of this Act shall apply : (a) in reh. tion to aoy Ordinance promulgated by the Governor under S. 88 o r S 89 of the u overnment of India Act, 1935, as they apply in relation to Assam Acts made under the said Act, by the Governor, and in relation to any regulation made by the Govttoor under S. 92 of the a id Act as they apply in relation to Assam Acts made by the Provincial Legislature ; and \ b) in relation to any Ordinance promulgated by the Governor und er Art 213 of the Constitution or any Regulation made by the Governor under the Sixth Schedule to the Constitution, as they apply in relation to Assam Acts made by the State Legislature : Provided that Cl. (ii) of sub-S. (l) of S. 5 of this Act sha ll apply to any Ordinance referred to in Cl. (b) as if for the reference in the said Cl. (ii) to the day of the hrst publication of the a ssent to an Act in the Official Gazette there were sub<;trtuted a reference to the day of the first publication of the Ordinance in tha t Gazette, NOtES Sectiofl 31. This section was substituted by the Adaptation of Laws (Third Ame ndment) Order, 1951. (This section is similar to S. 30 of the Central A.ct ). 8 ALA-101 ----