The Pepsu General Clauses Act, 1954

1955 : Pepsu Act 9] GENERAL CLAUSES 95 SECTIONS. L 4 - 11. 12, 13. 14. 15. 16. 17. 18. 19. 20. S P E I B o e w e - THE PEPSU GENERAL CLAUSES ACT, 1954 (ACT No. 9 of 1955) Table of contents Subject PRELIMINARY Short title and commencement. Application of Act. General definitions. Extent of Acts generally. Coming into force of enactments. Gender and number, Commencement and termination of time. Computation of time. Duty to be taken pro rata in enactments. Measurement of distances. REPEAL OF ENACTMENTS Effect of repeal. Repeal of law making textual amendment in other laws. Construction of references to repealed enactments. Revival of repealed enactments. POWERS AND FUNCTIONARIES, Powers conferred to be exercisable from time to time. Power to appoint to include power to appoint ex- officio. Power to appoint to include power to suspend, remove or dismiss. Substitution of functionaries. Successors. Official chiefs and subordinates. PROVISIONS AS TO NOTIFICATIONS, ORDERS, RULES. ETC., MADR 21. 22. UNDER ENACTMENTS, 1 Construction of notifications, orders, etc., issued under enactments. Power to make, to include power to add to, amend, vary or rescind notifications, ete. 96 27. 29. 30. 31, 32. GENERAL ELLISES [1955 : Pepsu Act 9 Making of rules or e-laws and issuing of orders between passing and commencement of enactment. Provisions applicable to making of rules or bye-laws after previous publication. Continuation of orders, etc., issued under enactments repealed and re-enacted. CITATION OF ENACTMENTS. Citation of enmactments. MISCELLANEOUS. Recovery of fines, Provision as to offences punishable under two or more enactments. Meaning of service by post. References to Central and Punjab Acts to be construet- ed as references to those Acts as in force in Pepsu. Effect of expiry of Ordinances and temporary Pepsu Acts. Repeal and saving. 1955 : Pepsu Act 9] GENERAL CLAUS:S 97 THE PEPSU GENERAL CLAUSES ACT, 1954. (Act No. 9 of 1955) (8th January, 1955.) AN ACT . to provide for the construction of enactments and for shortening the language thereof. It is hereby enacted in the Fifth Year of the Re- public of India as follows:— Preliminary 1. (1) This Act may be called the Pepsu General Short Htle and Clauses Act, 1954. (2) It shall come into forec at once. 2. Unless otherwise expressly provided or the con- 4pplication of text otherwise requires, the provisions of this Act with respect to the construction of enactments, apply— 1 (a) to this Act and all other enactments whether | passed before or after the commencement of | of this Act; and ) (b) where any such enactment confers upon any authority power to make rules or bye-laws, also to such rules or bye-laws. 3. In this Act, and in all enactments, unless the General Defini- context otherwise requires,— tons. (1) “abet”, with its grammatical variations and cognate expressions, shall have the same meaning as ip the Indian Penal Code (Act XLV of 1860); (2) “act”, used with reference to an offence or a civil wrong, shall include a series of acts and words which refer to acts done extend also to illegal omissions; (3) “affidavit”, shall include affirmation and dec- laration in the case of persons by law allow- ed to affirm or declare instead of swearing; 98 GENERAL cLAUSES [1955 : Pepsu Act 8 i (4) “Central Act” and “Central Governmgnt” shall have the meanings respectively assign- ed to them in the General Clauses Act, 1897 (X of 1897); . (5) “chapter” shall mean a chapter of the en- actment in which the word occurs; 1 (6) “clause” shall mean a sub-division of a sec- tion when the sub-division itself is not a sub- section, and shall include a sub-division of a sub-section; ) EY - (7) “Collector”shall mean the chief officer in charge of the revenue administration of a district and shall include a Deputy Commis- sioner ; ‘ 8 “commencement",‘used with reference to an enactment shall mean the time at which the enactment comes into force; (9) “Commissioner” shall mean the chief officer in charge of the revenue administration of a division ; 1 (10) “Constitution” shall mean the Constitution of India ; (11) “Convenant” shall mean the Convenant, en- tered into on the 5th day of May, 1948, by the Rulers of the former Indian States of Faridkot, Jind, Kalsia, Kapurthala, Maler- kotla, Nabha, Nalagarh and Patiala for the formation of the State of Patiala and East Puniab States Union, as amended by the Supv’ementary Convenant entered into by the Rulers of the aforesaid States on the 9th day of April, 1949 ; (12) “Devuty Commissioner” shall mean the chief officer in charge of the general adminis- tration of a district, and shall include a Nazim ; 1955 : Pepsu Act 9] GENERAL CLAUSES 99 (13) “District Judge” shall mean the Judgs of a principal civil court of original jurisdiction, but shall not include the High Court in the exercise of its ordinary original civil jurisdiction ; (14) “document” shall include any matter writ- ten, expressed, inscribed or described upon any substance by means of letters figures or marks, or by more than one of those means which is infended to be used, or which may be used, for the purpose of recording that matter ; (15) “enactment” shall mean a Pepsu Act, and shall include— (a) an Ordinance promulgated under article 913 read with article 238 of the Constitu- tion ; and (b) also any provision contained in any Pepsu Act or Ordinance as aforesaid ; (16) “father”, in the case of any ore whose personal law permits adoption, shall include an adoptive father ; '[(17) ‘Financial Commissioner’ shall mean,— (a) for any period before the 1st November, 1956 the Financial Commissioner for the time being for the territories of the State of Punjab which, immediately before the 1st November, 1956, formed part of the IS‘T‘ca'te of Patiala and East Punjab States nion; (b) for any period on and from the 1st Novem- ber, 1956 to the 31st October, 1966, the Financial Commissioner for the territo- ries of the State of Punjab which imme- diately before the 1st November, 1966, formed part of that state; and 1Clause (17) sukstituted by the Punjab Adaptati and Concurrent Subjects) Order, 1968, ! plation of Laws (State 100 GENERAL cLauses [1955 : Pepsu Act 9 (c) for any period on and after the 1st Nove m- ber, 1966, the Financial Commissioner for the State of Punjab;] (18) “financial year” shall mean the year com- mencing on the 1st day of April ; (19) a thing shall be deemed to be done in “good faith”, where it isin fact done honestly whether it is done negligently or not; (20) “Government” or_ “the Government” shall include both the Central Government and any State Government; *[(21) ‘High Court’ shall mean,— (a) for any period before the Ist November, 1956, the High Court for the territories of the State of Punjab which, imme- diately before the Ist November, 1956, formed part of the State of Patiala and East Punjab States Union ; (b) for any veriod on and from the 1st November, 1956, to the 3lst October, 1966, the High Court for the territories of the State of Punjab which, imme- diately before the 1st November, 1966, formed part of that State; and (c) for any veriod on and after 1st Novem- ber, 1966, the High Court of Punjab and Haryana ;] (22) “immovable property” shall include land, benefits to arise out of land, and things attached to the earth or permanently fastened to anvthing attached to the earth; (23) “imprisonment” shall mean imprisonment of either description as defined in the Indian Penal Code (Act XLV of 1860); 1Substituted for clause (21) by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968, 1955 : Pepsu Act 9] gEnEraL CLAUSES 101 24 “Ind@a” shall mean all the territories for the time being comprised in the territory of India; (25) “local authority” shall mean a municipal committee, small town committee, distriet board or other authority legally entitled to or entrusted by the Government with, tha control or management of g municipal, small town or local fund; (26) “magistrate” shall include every person exercising all or any of the powers of a magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898); (27) “month” shall mean a month reckoned according to the British calendar: (28) “movable property” shall mean property of every description except immovable property:; (29) “notification” shall mean a notification published in the Official Gazette: (30) “oath” shall inciude an affirmation and a declaration in the case of persons by law allowed to affirm or declare instead of swearing; (31) “offence” shall mean any act or omission made punishable by any law for the time being in force; : *[32) ‘Official Gazette or Gazette’ shall mean,— (a) for any period befoie the 1st November, 1966, the Official Gazette of the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union; Substituted for clause (32) by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968. e, e 102 GENERAL cLAUSES [1955 : Pepsu Act 9 (b) for any period on and from the st November, 1956, to the 31st October, 1966 the Official Gazette of the terri- tories which, immediately before the 1st November, 1966 were comprised in the State of Punjab; and (c) for any period on and after the 1st Novem- ber, 1966. the Ofcial Gazette of the State of Punjab;] (33) “Part” shall mean a Part of the enactment - in which the word occurs; (34) “Pepsu” shall mean Patiala and East Punjab States Union; ‘[as it existed im- mediately before the 1st November, 1956] (35) “Pepsu Act” shall mean an Act of the Legislature of the *[territories which, immediately before the 1st November, 1956. formed part of the State of Patiala and Fast Punjab States Union] and shall include— (a) any Act or Ordinance made or promul- gated by the Ruler of the former Patiala State and made applicable to Pepsu by virtue of section 3 of the Patiala and East Punijab States Unrion General Provicions (Administration) Ordinance, 2005 Bk.; and (b) an Ordinance made and promulsated by the Raioramukh under Article X of the Covenant; (36) “person” shall include any company or association or bodv of individuals, whether incorporated or not; (37) “prescribed” shall mean preseribed by rules made under an enactment; 1Certain words added at the end by the Punjab Adap tntionv of Laws i(State and Concurrent Subjects) Order, 1968, sSubstituted for the words “State of Patiala and East Punjab States Union” by ibid, 1955 : Pepsu Act 9] GENERAL Ctavses 103 (38) “public nuisance” shall mean a public nuisance as defined in the Indian Penal Code (Act XLV of 1860); (39) “registered”, used with reference to g document shall mean registered under any law for the time being in force for the registration of documents; (40) “rule” shall mean a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment; : (41) “Schedule” shall mean a Schedule to the enactment in which the word oceurs; (42) “section” shall mean a section of the enact- ment in which the word occurs; (43) “ship” shall include every description of vessel used in navigation not exclusively propelled by oars; (44) “sign”, with its gramatical variations and cognate expressions, used with reference to a person who is unable to write his name, shall include “mar] ", with its grammati- cal variations and cognate expressions: (45) “son” in the case of any one whose per- sonal law vermits adoption, shall include an adopted son; (46) “State Government” shall mean, in rela- tion to anything done or to be done after the commencement of the Constitution, the '[Governor]; [Provided that in relation to anything done before the 1st November, 1956, the expres- sion shall mean the Rajpramukh;] (47) “sub-section” shal] mean a sub-section of the section in which the word oceurs; !Substituted for the word “Raj Pramukh” Punjab Adaptation of Laws (State and Concurrent Subjects) Ordefrl.)'vl96!!'.U ® 104 GENERAL CLAUSES [1955 : Pepsu Act 8~ (48) “swear”, with its grammatic al variations and cognate expressions, shall include affirming and declaring in the ca se of per- sons by law allowed to affirm or declare instead of swearing; (49) “vessel” shall incluzge any s hip or boat or any other description of vessel used in navigation; (50) “will” shall include a codicil and every writing making a voluntary posthumous disposition of property; (51) expressions referring to “writting” shall be construed as including references to print- ing, lithography, photography and other modes of representing or reproducing words in a visible form; (52) “year” shall mean a year reckoned accord- ing to the British calendar. Extent of Acts 4 generally, Every Act of the Legislature of Pepsu passed after the commencement of this Act shall , unless the contrary is expressly provided therein, apply to the whole of the ‘[territories which, jmmediate ly before the 1st November, 1956, formed part of the State of Patiala and East Punjab States Union.] Coming into 5. (I) Where any Pepsu Act passed after the };’g‘:’ of enact- commencement of this Act is not expressed to come ST ~ into force on a particular day, then it shall come into force on the day on which the asse nt of the Rajpra- mukh or the President as the case may be is first published in the Official Gazette. (2) Unless the contrary intention is expressed, an Ordinance promulgated under arti cle 213 read with article 238 of the Constitution shal l come into force on the date on which it is promulgated. S e 1Substituted for the words agtate of Patiala and East Punjab States Union” by the Punjab Adaptation of Laws (State and Concur- rent Subjects) Order, 1968. 1955 : Pepsu Act 9] CENERAL CLAUSES 105 (3) Unless the contrary intention is expressed every Pepsu Act and every such Ordinance shall he construed as coming into force immediately on the expiration of the day proceeding its commencement. 6. In all enactments, unless a different intention Gender and appears,— number. (@) words importing the masculine gender shall be taken to include females, and (b) words in the singular shall include the plural and vice versa. 7. In any enactment, ii shall be sufficient, for Commencement the purpose of excluding the first of a series of days or :;“’fin‘;”“‘“‘fi“ any other period of time, to use the words “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”. 8. Where, by any enactment, any act or pro- Computation of ceeding is directed or allowed to be done or taken in time. any court or office on a certain 2ay or within a pres- cribed 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 after- wards on which the court or office is open: Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limi- tation Act, 1908 (IX of 1908), applies. 9. Where, by any enactient any duty of excige Duty to be taken or in the nature thereof, is leviable on any given Smcioemis 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. 18. In the measurements of any distance, for yeqsurement the purposes of any enactment, that distance shall of distances. unless a different intention appears, be measured in a straight line on a horizontal plane. | 106 GENERAL CLAUSES [1955 : Pepsu Act 9 REPEAL OF EIJACTMENTS Fffect of repeal. 11. Where this Act or any Pepsu Act or any Ordinance made under article 213 read with article 238 of the Constitution, repeals any enactment, then, unless a different intention appears, the repeal shall not— (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enact- ment 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 enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, pri- vilege, obligation, liability, penalty, forfei- ture or punishment as aforesaid; and any such investigation, legal proceeding or reme- dy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be im- posed as if the repealing Act or Ordinance had not been passed. Repeal of law 12. Where any Pepsu Act or Ordinance made kg e i) under article 213 read with arficle 238 of the Consti- other laws. tution repeals any enactment hy which the text of any Pepsu Act or cuch Ordinance was amended by the express omission, insertion or substitution of any matter, then unless a different intention appears, the repeal shall not affect the cgntinuance of any such amendment made by the enactment so repealed and in operation at the time of such ‘ peal. C*;mtf“cmg r:_‘ 13. Where this Act or any Pepsu Act or Ordinance pented enact- made under article 213 read with article 238 of the ments. Constitution repeals and re-enacts, with or without modification, any provision of a former enactment, then 1955 : Pepsu Act 9] GENERAL CLAUSES 107 references in any other enactment or in any instru- ment to the provision so repealed shall, unless a differ- ent intention appears, be construed as references to the provision so re-enacted. 14. In any Pepsu Act or Ordinance made under Revival of re- article 213 read with article 238 of the Constitution, jt Bealed enact- shall be necessary, for the purpose of reviving either wholly or partially any enactment wholly or partially vepealed expressly to state that purpose. PowERS aND FUNCTIONARIES 15. Where, by an enactment any power is con- p, nf ferred or a dutSr is imposed, then, unless a different r;;, o be exer- intention appears, that power may be exercised and gisable trom that- duty shall be performed from time to time as ) occasion requires. 16. Where, by any enactment a power to appoint Power to ap- any person to fill any office or execute any function is gg%;’;,tgomaglgg,;, conferred, then, unless it is otherwise expressly pro- ex-officio. vided, any such appointment may be made either by name or by virtue of office. 17. Where, by any enactment « powet to make Power to appoint any appointment is conferred, then, unless a different to in::)l“de po- intention appears, the authority having for the time jamom -erend, being power to make the appointment shall alse miss have power to suspend, remove or dismiss any per- son appointed whether by itself or any other authority in exercise of that power. 18. In any enactment it shall be sufficient, for supstitution of the purpose of indicating the application of a law to functionaries. every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed. 19. In any enactment it shall be sufficient for the Successors. purposes of indicating the relation of a law to the successors of any functionaries or of corporations having prepetual succession to express its relation to the functionaries or corporations. 108 GENERAL CLAUSES [1955 : Pepsu Act 9 ;’:}d:\llbg‘;‘;f_' 20. In any enactment, it shall be sufficient, for nates. the purpose of expressing that a law relative to the chief or superior of an office shall apply to the duties of subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior. ' PROVISIONS AS TO NOTIFICAT!OLXS, OrpERS, RuLes, Etc,, MADE UNDER ENACTMENTS Construction of notifications, 21. Where, by any enactment, a power to issue Efiifi“’ “fl'gé, any notification, order, scheme, rule, form, or bye-law enactments. is conferred, then expressions used in the notification, order, scheme, rule, form, or bye-law shall, unless 2 different intention appears, have the same respective meanings as in the enactment conferring the power. Power to make, 22. Where, by any enactment, a power to issue bower to add to, notifications or make ~orders, rules or bye-laws s amend, vy aos. conferred, then, that power includes a power ex- tions, ete. ercisable in the like manner and subject to the like sanctions and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye- laws so issued or made. Making of rules 23. Where, by anv enactment, which is not to e e ama come into force immediately on the passing thereof, between passing a power is conferred to make rules or bye-laws, or to and commence- issue orders with respect to the application of the ment. enactment, or with respect to the establishment of any court or office or the appointment of any judge o r officer thereunder, or with respect to the person by whom., or the time when, orl the place where, or the manner in which, or the fees for which, anvthing is to be done under the enactment, then, that p ower mav be exercised at any time after the passing of the enactment, but rules, bve-larrs or orders so made or jssued shall not take effect till the commencement »f the enactment : Provided that where all the provisions contained in an enactment do not come into force simultane- ously, the rules, bye-laws or orders so made or issued 1 | 1955 : Pepsu Act 9] GENERAL CLAUSES 109 shall not take effect till the commencement of the provision or enactment with respect to which they are so made or issued. 24 Where, by any enactment, a power to make Provision_appli- rules or bye-laws is expressed to be given subject to of rules or bye- the condition of the rules or bye-laws being made aft er L‘;g":s afwbrupre- previous publication, then, “unless such enactment tion. T otherwise provides, the following provisions shall apply, namely:— (1) 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 ; (2) the publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the Government concerned prescribes : (3) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration : (4) authority having power to make the rules or bye-laws, and, where the rules or bye- laws, are to be made with the sanction, approval or concurrence of another autho- rity, that authority also, shall consider anv objection or suggestion which may be received by the authority having power to make the rules or bye-laws from any per- son with respect to the draft before the date so specified : (5) the publication in the Official Gazette of a rule or bye-laws purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye- law has been duly made. Continuation of orders, etc., issued under enactments re- vealed and re- enacted. Citation of enactments. Recovery of fines. 110 GENERAL canfls [1955 : Pepsu Act 9 25. Where any enactment is repealed and re- enacted with 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-enac- ted, unless and until it is superseded by any appoint- ment, notification, order, scheme. rule, form or bye- law made or issued under the g‘ovisions 50 re-enacted. Crration or ENACTMENTS 26. (I) In any Pepsu A1ct or Ordinance made under article 213 read with article 238 of the Consti- tution, and in any rule, bve-l%w, instrument, or docu- ment made under, or with reference to any such Act or Ordinance, any enactment may be cited by reference to the title or short title (if anvy) conferred thereon, or by reference to thejnumber and vear there- of, and any provision in an engctment may be cited bv reference to the section or subp-section of the enact- ment in which the provision is contained. (2) Any such citation of, or reference to, anv enactment shall, unless a different intention appears, be deemed to be citation of, or reference to such enactment as amended. (3) In any Pepsu Act or Ordinance made under article 213 read with article 238 of the Constitution. a description or citation of a portion of another enact- ment shall, unless a different intention appears, he construed as including the word “section” or other part mentioned or referred to as forming the begin- ning or as forming the end of the portion comprised in the description or citation. MISCELLANEOUS 27. Sections 63 to 70 of Ithe Indian Penal Code (Act XLV of 1860), and the provisions of the Code of Criminal Procedure, 1898 (Act ¥ of 1898). in relation 1955 : Pepsu Act 9] ENERAL crAuses 11 to the issue and the execution of warrants for the levy of fines, shall apply to all fines imposed under any €nactment, rule or bye-law, unless the enactment, rule or bye-law contains express provisions to the contrary. 28. Where an act or omission constitutes an Provision as to offence under two or more enactments, then the ofences punish- offender shall be liable to be prosecuted and punished or more. enact. under either or any of these enactments but shall not ments. be liable to be punished twice for the same offence. 29. Whether any enactmet authorises or re- Meaning of ger- quires any document to be served by post, whether the Vice by post, 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 effected by properly addressing, prepay- ing and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. 30. Any reference in any enactment to any References to Central Act or Punjab Act shall be construed as a Cefltfl;’l g:gs t© reference to that Act as in force in the '[territories mfinstmed a8 which, immediately before the 1st November, 1956 references to formed part of the State of Patiala and East Punjab }L‘;’:fi fi“f:e;iui," States Union.] Explanation.—~In this section, the expression “Punjab Act” shall have the meaning assigned to it by clause (46) of section 2 of the Punjab General Clauses Act, 1898 (I of 1898). 31. The provision of section 11 shall apply— Effect of expiry of Ordinances . and te (@) on the expiry or withdrawal of any Ordi- Pepey gret¥ nance promulgated under article 213 read with article 238 of the Constitution, and tSubstituted for the words “State of Patiala and Fast Punjab States Union” by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968, 112 GENERAL cLAUsES [1966 : Pepsu Act § (b) on the expiry of any Pepsu Act, the dura- tion of which is expressed to be for a specified period, as if such Ordinance or Act had been an enactment and had then been rep ealed by 2 PEPSU Act N 32. The Pepsu General Clauses Act, 1953 (P resi- cpealandSaving. g g A ct No. 7 of 1953), ex cept the proviso to s ection 39 thereof, is here by repealed.