L CLAUSES ACT, 1

Page
Inrroduction 1
Sections

P I'
1. Short title
2. Repeal

GENERAL DE IONS
3. Definitions
4. Application offoregoing definitions to previous enactments . .
4A. Application of certain definitions to Indian Laws .

GENERAL RULES OF CONS

5. Coming into operation of enactments
5A. Coming into operation of Govenior-General's Act .
6 . Effect to repeal
6A. Repeal of Act making textual amendment in Act or Regulation .
7. Revival oF~epealedenactments
8. Construction of references to repealed enactments .
9. Commencement and termination of time
10. Computation of time
11. Measurement of distances
12. Duty to be takenpro Lafain enactments
13. Gender and number
l3A. References to the Sovereign

14. Powers canrerred to beexercisable from time to time. .

15. Power to appoint to include power to appoint a-ofj5cw .
16. Power to appoint to include power to suspend or dismiss .
17. Substitution of functionaries
18. Successors
19. OEcial chiefs andsubordinates

PROVISIONS AS TO O ERS RULES, ETC., E UNDER

20. Construction of notifications, etc., issued under enactmenu . .

21. Power to issue, to include power to add to, amend, vary or rescind
notifications, orders, rules or bye-laws
22. Making or rules or bye-laws and issuing oE orders between
passing and commencement of enactment
Sections Page
23. Provisionsapplicable to maklngof rules or bye-laws
after previous publication
24. Continuation of orders, etc., issued under enactments repealed and re-enacted

SCELLANEOUS
25. Recovery of fines
26. Provision as to offences punishable under two or more enactments .
27. Meaningof serviceby post
25. Citation of enactments
29. Saving for previous enactments, rules and bye-laws . .
30. Application of Act to Ordinances
30A. Application of Act to Acts made by the Governor-General . .
31. Construction of references to Local government of a Province
 7
rnODWrnON
The General Clauses Act, 1897is a consolidatingAct Itconsolidated the General
Clauses Act, 1868 and the General Clauses Act, 1887. Before the enactment of the
General Clauses Act, 1868, provisions of the Interpretation Act, 1850 were followed.
Theprovisions ofthat Actand certainadditions wereframed togetherand thus emerged
the General Clauses Act, 1868. The object of the General Clauses Act, 1868 was to
shorten thc language used in the Acts of the Governor-General of India in Council. It
contained only 8 sections. A supplementary General Clauses Act was enacted as the
General Clauses Act, 1887 which containcd 10 sections. The additions enacted in this
Actwere based on the personal experience of Sir Courteney Ilbertwho drafted this Act.
In 1987, the General Clauses Act of1868 and 1887 were consolidated and a new Bill
was introduced in the Council of the Governor-General on 4thFebruary, 1897. While
intmducingthe Bill in the Council the thenLaw Memberpointed out that the new Bill
was not intended to change the existing law. Its object was simply to shorten the
language of fulurestatutoryenactments and as faras possible, to provideforunifomirty
of expression where there was identity of subjectmatter. It was convenient that the
Genera4 Clauses Acts of 1868and 1887, whichwerealready on thestatute book, should
be consolidated to have Legislative Dictionary and rules forthe Constructionof Acts in
one and the same enactment.
ACT I@OF 11897
The General Clauses Bill was referred to the Select Com'ttee and the Select
Committee submined its report on4th March, 1987. Based on the report of the Select
Committee the Bill was passed by the Council of the Governor-General and it came on
the statute bookas the General Clauses Act, 1897 (10 of 189
LIST O F WING ACTS AND AD
1. The Amending Act, 1903 (1 of 1903)
2. Act 10 of 1914
3. Act 17 of 1914
4. Act 24 oE 1917
5. Act 18 of 1919
6. Act31 of 1920
7. Act 11 of 1 9 2
8. Act 18 of 1928
9. Act 19 of 1936
10. The Adaptation of Indian Laws Order, 1937
11. The Indian (Adaptation o f Existing IndianLaws) Order, 1947
12. The Adaptation of Laws Order, 1950
13. The Adaptation of Laws (Amendment) Order, 1950
14. The Adaptation of Laws (No.1) Order, 1956
1
 An Act to consolidate and extend the General Clauses Act, I868 and I887.
[IIrk March, 1897)
WHXREAS it is expedient lo consolidate and extend the General Clauses Acts,
1868 (1 of 1868) and 1887 (1 of 1887), it is hereby enacted as follows:-

PRE PI
I. Short title.--(l) This Act may be called the General Clauses Act, 1897; 2[* * *I
?=*I
2. Repeal-[Repealed by the Repealing and Amending Act, 1903 (I of I903),
Sec. 4 and Schedule III].
ONS
tiow-In this Act, and in all Central Acts and Regulations made after
the commencement of this Act, unless there is anything repugnant in the subject or
contexf-
(1)"abet", with its grammatical variations and cognate expressions, shall have the
same meaning as in the Indian Penal Code (45 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 affinnation and deciaration in the case of persons by
law allowed to a h or declare instead of swearing;
(4) "barrister" shall mean a banister of England or Ireland, or a member of the
Faculty of Advocates in Scotland;
(5)"British India" shall mean, as respects the period before the commencement of
Part IIIof GovernmentofIndia Act, 1935,all territories andplaceswithinKis Majesty's
1. For Smcocnr of 0b;wiion and ilrssoos, sec Gzcliz of lndu. 189-, Pr V , p. j&lor Rcpon of the Sclwt
Cammince.sczGarriieof India. PL \'. p.--, a d for Pioaediop in Couocil secGazelre of India, PL\% p ~ .
35.40.56 and 76.
n~isA;rbsbwodeclsred~okinforocinmcS~nrhalPwpauby IhcSanhiPs-SenlcmearKcgultion
(3 of 1272) r e c 3: in Paorb PipIda by the Panrb Piploch Iaws Re~ulacion.1929 (1 of 1929). w c Z: in
Khonlmalr Dklric! by the Kh0odm.h Lws R c y h t i o s 1936 (4 of 1136). ac 3 mdScD: and io lhc Any1
Disuict by the Any1 Laws Regulation. 1936 (5 o f 1936). soc. 3 and Sch.
TheActhasbeenpartiaUy extPndedtoBerarby tbcBerarLawsAc< 1941(4of1941)andtothe neu.Pmvinoss
and Mcrged States by the Mcrged Stam (Laws) A q 1949 (59 of 1949).
Tho A b hasbeen extended t o -
Goa, Daman and Diu with modificatioe~by Regulation 12 o€ 1962, sec3 and Sch.;
Dadra and Nagar Naveli by Regulation 6 of 1963. wc2 and Sch.2
-
Pondicherry by Regulation 7 of 1963, socj and ScD.1; and
Iaaedive. Minicay and Amidivi Islands by Regulation 8 of 1965, scc3 and Sch.
It has beenamended in Assam by the AssarnCommissianos' PowesDimibvtion Ac< 1939 (Assam Actlof
1939).
2. Ibc word "an6 in sub-section (1) and sub-seclion (2) rep. by A a 10 of 1 9 1 4 s 3~and Sch. n.
3. Subs by the AO. 1950. for the former Sedion.
 The General Clauser Acr, 1897 3

dominionswhichwerc for thetimekinggoverned by HisMajesty throughtheGovemor

General of India or through any Governor or OEficer subordinate to the Governor
General of India, and as respecs any period after that date and before the date of
establishment of the Dominion of India m a n s at$ territories for the time being
comprised within the Goveruon' Provinces and the Chief Conunissioners' Provinces,
except that a reference to British India in an Indian law passed or made before the
conuncncenxnt of Part III o i the Govenunent of India Act, 1935, shalt not include a
reference to Berar;
(6) "British possession"shall mean any part of Her Majesty's dominions exclusive
of the United Kingdom, and where parts of those dominions are under both a Central
and a Local Legislature, all pa& under the Central Legislature shall, for the purposes
of this definition, be deemed to be one British possession;
(7) "Central Act" shall means an Act of ParliamenS and shall include-
(a) an Act of the Dominion kgislature or of the Indian Legistaturc passed
before the commencerncnt of the Constitution, and
@) an Act made before such commencement by the Governor General in
Council or the Gdvernor General, acting in a legislative capacity;
COMrnNTS
The date of commencement of ibe Constihition is 26th January, 1950.
(8) "Cenlral Govenunen!? shall,-
(a) in relation to anythingdone before thecommencement of the Constitution,
meantheGovernorGeneralorthe Governor General in Council, as thecase
may bc; and shall include,--
(i) in relation to functions entmsted undersub-section (1) of Section 124
of the Government of Lndia Act, 1935, to the Government af a
Province, the Privnicial Government acting within the scope of the
authority given to it under that sub-section; and
(ii) in relationtotheadministrationof a Chief Comolissioncr'sProvince,
the Chief ConunissioneractingwithinthescopeoEtheauthoritygiven
to him under sub-section (3) of section 94 of the said Act; and
@) in relation to anything done or to be done after the commencement of the
Constitution, mean the President; and shalt iiclude,-
(i) in relation to Functions entrusted under clause (1)of ariicle 258 of the
Constitution, Lo the Government of a State, the Sbte Govenunent
acling within the scopc of the authority given to it under that clause;
I
, * * I
. I 1 ,
(i) in relation to the administration of a Part C State 2[bcfore the
commencement of the Constitution (Seventh Amendment) Act,
19561,the Chief Commissioner or the Lieutenant-governor or the
Government of a neighbouringState or other authority acting within
the scopeofthe authority given to himor it under axtide WC or article
243 of the Constitution, as the case may be; l[and
1. T%cword "'and" omitred by tbo Adapraiion of Laws (No. 1) Order, 1956.
2. Ins. by the Adaptation of Laws Order (No. 1) Order, 1956.
 The General Clouser Acr, 1897

(iii) in relation to the adnunistration of a Union territory, the administra-

tor thereof actingwithin the scope of theauthority given to himunder
article 739 of the Constitution];
COMMENTS
Thedate.of commencement of the Constiturion (Scveoth Amendment) Act, 1956 is 1st
January, 1956.
(9) "Chaptei' shall mean a Chapter of the Act or Regulation in whichthe word
occurs;
(10) "Chief Controlling Revenue Authority" or "Chief Revenue Authority" shall
rnean-
(a) in a State where there is a Board of Revenue, that Board;
(b) in a State where there is a Revenue Comnlissioner, that Conmissioner;
(c) in Punjab, the Financial Comnlissioner; and
(d) elsewhere, such authority as, in relation to matters enumerated in List I in
the Seventh Schedule to the Constitution, the Central Government, and in
rclation to other matters, thestate Government, may by notification in the
Off~cialGazette, appoint;
(11) ''Collector" shall mean, in a Presidency-town, the Collector of Calcutta,
Madras or Bombay, as the case may be, and elsewhere the chief officer-in-charge of the
revenue-administration of a district;
(12j '*coiony~~--
(a) in any Central Act passed after the commencen~entof Part 111 of the
Government of India Act, 1935, shall mean any part of His Majesty's
dominions exclusive of the British Islands, the Dominions of India and
Pakistan (and before the establishment of those Dominions, British India),
any Dominions as defined in the Statute of Westminister, 1931, any
Province or State forming part of any of the said ~ o m i n i o Aand
, British
Bunm; and
@) in any Central Act passed before the commencement of Part III of the said
Act, mean any part of His Majesty's dominions exclusive of the British
Islands and of BritishIndia;
and in either case where parts of those dominions are under both a Central and Local
Legislature, all parts under the Central Legislature shall, for the purposes of this
definition, be deemed to be one colony.
CVMM&NTS
(i) The date of commencementof Part I 5ofthe Govement of hdia Acb 1935 is 1st April, 1937.
(ii) R e date of esablishmeot of the Dominions of India aod Pakistan is 15th A u y 1947.
~
(iii) Section 1 of the Statute of Westminister, 1931 (22and 23 Geo V.C.4) defines a Dominion as
under:
"Io this Act the expression Dominion means any ofthcfoUowingdominions, thatis tosay, the-
Dominions of Canada, the commonwealth of Ausualia, the Dominion of Newzealand, the Union of
SouCh Africa, the Irishfree State and NewCoundland."
 Tlz General CIauses Acf, 1897 5

(13) "commencement"used with reference toan ActorRegulation, shall mean the

day on which the Act or Regulation comes into force;
(14) "Commissionern shall mean the chief officer-in-charge of the revenue
administration of a division;
(15) "Constitution" shall mean the Constitution of India;
(16) "Consularofficer"shall includeconsul-general,consul, vice-consul, consular
agent, pro-consul and any person for the time being anthorised to perfonn the duties of
consul-general, consul, vice-consul or consular agent;
(17) "District Judge" shall mean the Judge of a principal Civil Court of original
jurisdiction, but shall not include a High Court in the exercise of its ordinary or
extraordinary original civil jurisdiction; .
(18) "document" shall include any matterwritten, expressed or described upon any
substanceby means oflettes, figures ormarks, orby~norethanoneofthosemeansw~ch
is intended to be used, or which may be used, for the purpose or recording that matter;
(19) "enactment" shall include a Regulation (as hereinafter defined) and any
Regulation ofthe Bengal, Madras orBombay Code,andshall also includeanyprovision
contained in any Act or in any such Regulation as aforesaid;
(20) "father", in the case of any one whose personallaw permits adoption, shaU
include an adoptive father;
(21) "financial year" shall mean the year commencing on the first day of April;
(22) a thing shall be deemed to be done in "good faith" where it is in fact done
honesty, whether it is done negligently or not;
(23) "Government" or "the Government" shall include both the Central Govern-
ment and any State Govenunent; .
(24) "Govenunent securities"shal1 mean securities of the Central G o v e m e n t or
ofan; ~ e t Government,
e but inany Act orRegulationmadebeforethecommencement
of the Constitution shall not include securities ofthe Govenunent of any Part B State;
(25)"High Court", used with reference to civil proceedings, shall mean the hi@est
Civil Court of appeal (not including the Supreme Court) in the part of India in which
the Act or Regulation containing the expression operates;
(26) "immovable property" shall include land, benefits to arise out of land, and
things attached to the earth, or permanently fastened to anything attached to the earth;
(27) "imprisonment" shall mean imprisonment of either description as defined in
the Indian Penal Code;
(28) "India" shall mean,-
(a) as respects any period before the establishment of the Dominion of India,
British India together with all territories of Indian Rulers then under the
suzerainty of Hjs Majesty, all territories under the suzerainty of such an
Indian Ruler, add the tribal areas;
@) as respects any period afterthe establishmentof the Dominion ofIndia and
before the commencement of the Constitution, all territories for the time
being included in that Dominion; and
6 The General CluusrsAcl. 1897

(c) as respect any period after the commencement of the Constitution, all
territories for the time being con~prisedin the temtory of India;
(29) "Indian law" shall mean any Act, Ordinance, Regulation, rule, '[order, bye-
law or other instrument] which before the commencement of the Constitution had
the force of law in any Province of India or part thereat or thereafter has the force of
law in any Part A State or Part C State or Part thereof, but does not include any Act of
Parliament of the United Kingdom or any Order in Council, rule or otber instrument
made under such Act;
(30) "Indian State" shall mean any temtory which the Central Government
recognised as such a State before the commencement of the Constitution, whetbei
described as a State, an Estate, a Jagir or othenuise;
(31) "local authority" shall mean a municipal committee, district board, body of
pon commissioncrs or other authority legally entitled to, or entrusted by the
Government with, the control or management of a municipal or local fund;
(32) "Magistrate" shall include every person exercisingall orany of tbe powers of
a Magistrate under the Code of Criminal Procedure for the time being in force;
(33) "master", used with reference to a ship, shall mean, any person (except? pilot
or harbour-master) having for the time being control or charge of the ship; '
(34)"merged temtories"sha1l meanthe temtorieswhichby virtueofanorder made
undersection290Aofthe Government of India Acc, 1935, were immediately before
commencement of the Constitution being adnunistered as if they formed psrt of a
Governor's Province or as if they were a Chief Commissioner's Province;
(35) "month" shall mean a month reckoned according to the British calendar;
(36) "movable properly" shall mean property of every description, except
immovable property;
(37) "oath" shall include affirmation and declaration in the case of persons by law
allowed to affirm or declare instead of swearing:
(38) "0ffeuce"shall mean any act or omission made punishable by any law for the
time being in force;
(39) "official Gazette" or "Gazette" shall mean the Gazette of India or the official
Gazette of a State;
(40) "Part" shall mean a part of the Act or Regulation in which the word occurs;
(41) "Part A State" shall mean a State for the time being specified in Part A of tbe
First Schedule to the Constitution, '[as in force before the Constitution (Seventh
Amendment) Act, 1956,) "Part 6 State"shal1 mean a State for the time being specified
in Part B of that Schedulc and "Pan C State" shall mean a State for the time being
specified in Part Cof that Schedule or a territory for the time beingadministered by the
President under the provisions of article 243 of the Constitutioii;
co.MMmTs
Immediately bcfore 1st November, 1956, the following were Part A PariB and Part C States:-

1. S u k by the Adaptation of Law (Amendment) Order, 1950.for "order or bye-law".

2. Ins. by the Adaptation of Laws (No.1) Order, 1956.
 Pan ASwtes-hdhn, Assam, Bihar, Bombay, Madhya Pradesh, Madras, Orissa. Punjab, Uttar
Pradesh, and West Bengai.
Part B Stat-Hyderabad. Jammu aod Kashmir, Madhya Bharai Mysore, Peps". Rajasthao,
Saurashtra and Travanmre-Cochin.
Part C Stares-Ajmer, Bhopal. Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura and
Vindhya Pradesh.
(42) "person" shall include any company or association or body of individuals,
whether incorporated or not;
(43) "Political Agent" shall mean,-
(a) in relation to any territory outside India, the Principal Officer, by whatever
name called, representing the Central Government in such territory; and
@) in relation to any tenitory within India to which the Act or Regulation
containing the expression does not extend, any officer appointed by the
Central Governmentto exerciseall orany of the powers of a Political Agent
under that Act or Regulation;
. (44)"Presidency-town"sballmeanthelocallimitsforthetimebeingoftheordinary
original civiljurisdictionoftheHighCourtofJudicatureat Calcntta,MadrasorBornbay,
as the case may be;
(45) "Province" shall mean a Presidency, a Governor's Province, a Lieutenant
Governor's Province or a Chief Commissioner's Province;
(46) "Provincial Act" shall mean an Act made by the Governor in Council,
Lieutenant Governor in Council orchief Commissionerin Council of a Provinceunder
any of the Indian Councils Acts or the Govenunent of India Act, 1915, or an Act made
by the Local Legislature or the Governor of a Province under the Government of India
Act, oran Act n~adebytheProvincialLegislatureorGovern.orofa Provinceorthe Coorg
Legislative Council under the Government of India Act, 1935;
(47) "Provincial Government" shall mean, as respects anything done before the
commencement of the Constihrtion, the authority or person authorised at the relevant
date to administer executive govemment in the Province in questioo;
(48) "public nuisance7'shallmeana publicnuisance as defined in the Indian Penal
Code;
(49) "registered': used with reference to a document, shall mean registered in
'[India] under the law for the time being in force for the registration of documents;
(50) "Regulation" shaU mean a Regulation made by the President 2[underarticle
240 of the Constitution and shall include a Regulation made by the President under
article 243 thereof and] a Regulation made by the Central Government under the
Govenunent of India Act, 1870, or the Govenunent of India Act, 1915, or the
Government of India Act, 1935;
(51) "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;
(52) "schedule"shall mean a schedule to the Act or Regulation in which the word
occus;
1. Subs. by the Adaptation of Iaw (No. 1) Odor,1956 for "a Pan ASmts or a Pan C State':
2. Sub. by the Adaptation of Iaws (No. 1)Ordm 1956. for "under article 243 of ttc Consrimtion. and sbll
include".
 8 The Genera! C!ausesAct, 1897

(53) "Scheduled District" shall mean a "Scheduled District" as defined in the

Scheduled District Act, 1874;
(54) "section" shall mean a section of the Act or Regulation in which the word
occuls;
(55) "ship" shall include every description of vessel used in navigation not
exclusively propelled by oars;
(56) "sign", with its gra~nmaticalvariations and copate expressions, shall, with
reference to a person who is unable to write his name, include "nlark", with its
grammatical variations and cognate expressions;
(57) "sou",inthecase ofanyonewhose personal lawpennitsadoption, shailinciude
an adopted son;
'[(58) "State"-
(a) as respects any period before the conmencement of the Constitution
(Seventh Amendment) Act, 1956, shall mean a Part AState, a Part B State
ora Part C State; and
@) as respects any period after such commencement, shall mean a State
specified in theFirstSchedule to theconstitutionandshall includea Union
tenitory;]
(59) "State Act"sha1lmean an Act passed by the Legislature of a State established
or continued by the Constitution;
(60) "State Government",-
(a) as respects anything done before the commencement of the Conslitution,
shall mean, ina Part AState, theProvincial Government ofthe compond-
ing Province, in a Part B State, the authority or person authorised at the
relevant date to exercise executive government in the corresponding
Acceding State, and in a Part C State, the Central Government; =[* * *]
@) asrespectsanythingdone3[afterthecommencementoftheConstitutionand
before the commencement of the Constitution (Seventh Amendment) Act,
19561, shall mean, in a Part A State, the Governor, in a Part IB State, the
Rajpramukh, and in a Part C State, the Central Government;
'[(c) as respects anything done or to be done after the comlencement of the
Constitution (Seventh Amendment) Act, 1956, shall mean, in a State, the
Governor, and in a Union territory, the Central Government;
and shall, in relation to hnctions entrusted nnderarticle258Aofthe Constitution tothe
Government of India, include the Central Government acting within the scope of the
authority given to it under that article];
(61) "sub-sectionnshall meana sub-sectionofthesectioninwhichthewordoccue;
(62) "swear", with its g r a m t i c a l variations and cognate expressions, shall
1. Subs by the Adaptation of Laws (No. 1) Order, 1956 for the former dause (58).
2. The urord"'8nP omitted by the Adaptation of Lave (No. 1) Order. 1556.
3. Subs. by the Adaparioa of Laws (No. 1) Order, 1956, for "or to be done after the mmmcnccment of the
ca~t"ti00".
4. Ins. by the Adaptation of taws (No. 1) Order. 1956.
 The Generol Clnuses Act. IS97 9

includeaCfinningand declaringinthecaseofpersons by lawallo~~d.toaffirml~ordeclare

instead of swearing;
I[(62A) 'Union temtory" shall mean any Union temtory specified in the First
Schedule to the Constitution and shall include any other territory,comprised within the
tcmtory of India but not specified in that Schedule;]
(63) "vessel"shall include any ship or boat or any other description of vessel used
in navigation;
(64)"will"shall includea codicil and evcrywritingmakinga vo~untaryposthumous
disposition of property;
(65) expressions referring to "writing" shall be construed as including references
to printing, lithorgraphy, photography and other modes of representing or reproducing
words i n a visible form; and
(66) "year" shall mean a ycar reckoned according to the British calendar.]
COMMENTS
Thedcfiniliooof vesscl io clause (63) ofsccrioolj is wide coough to includei ship which is mechanically
prapclied. Bargeis a heavy vessel and is a baat:Pmdzrmigo Timbloindiis~rirrv.Uni& oflndio; AIR 1992 SC
1194.

4. Application of foregoing defimitions to previous enactments.+l) The

definitions insection3 ofthefollowingwordsandexpressions, thatit tosay,"affidavit7',
"barrister", >[* * *] "District Judge", ''fathe?, >[***I, '[***I, >[***I "immovable
property", "imprisonnlent", 2 [ * * * ] "Magistrate", "mnonih", "n~ovableproperty", "oath",
"person", "section", "son", "swear", "will", and "year" apply also, unless there is
anything repugnant in the subject or context, loall "Central Acts] madeafter thc third
day of January, 1868, and to all Regulations made on or after the fourteenth day of
January, 1887.
(2) The definitions in thesaid section of the following words and expressions, that
is to say, "abet", "Chapter", "conmencenlent", "financial year", "local authority",
"mnastef', "offence", "part", "public nuisance", "registered", "schedule", "ship",
"sign", "sub-section"and"writing"applyalso,nnlessthere isanythingrepugnant inthe
subject orcontext, to all 4[Central Acts] and Regulations nladeonorafterthe fourteenth
day of January, 1887.
S[4A.Application of certain definitions to Indian haws.--(l) The definitions in
section 3 of the expressions "British India", "Central Act", ''Central Govermnent",
"Chicf Controlling Revenue Authority", "Chief Revenue Authority", "Constitution",
"Gazenc", "Government", "Govemment securities", "High Court", "India", "Indian
law", "Indian State", "merged territories", "Official Gazefie", "Part A SIate", "Part B
State7',"Part CState",Provincial Government", "State" and "StateGovennnent"shall
apply, unless/there is anything repugnant in the subject or context, to all Indian laws.
1. IN. by the Adaptalion of Laws (NO. 1) Order. 1956.
2. Tho w o d c "B"tish india"."Government of India". "High Court". and"loca1 Government" rep. by the
RO. 1937.
3. Ths words"Her Majes1y"or'Yhe Queed'rep. by AU 18 of 1919, sec 3 aodSch.11.
4. Subs. by the A.O. 1937. for "Acts of the Governor General in Council".
5. Subs. by the A.O. 1950, for the formersecrioo which wasins. by the A.O. 1937.
 10 The General CIausesAcl. 1597
/

(2) In any Indian law, references, by whatever f o m of words, to revenues of the

Central GovernmcntortoanyState Governmcntshail, onand fromthefirstdayofApri1,
1950, be ~ 0 n S i ~ as
e dreferences to the Consolidated Fund of India or the Consolidated
Fund of the State, as thc casc may be.]
S OF CONSTRU
5. Coming into operation of enactments-'[(I) Where any Central Act is not
expressed to comc into operation on particuiarday, then itshait come into operation on
the day on which it receives the assent,-
(a) in thc case of a Centrai Act made before the commencement of the
Constitution, oftbe Governor-General, and
(b) in the case of an Act of Parliament, of the Pres1dent.j
T' * "1
(3) Unless the contrary is expressed, a 3[Ceniral Act] or Regulation shall be
construed as coming into operationimmediately on the expiration of the day preceding
its commencement.
3% Coming into operation of Governor-General's Act.-[Rep. by the A.O.
19471.
6. Eflect of repem!.-Where this Act, or any '[Central Act] or Regulation made
after the commencement of this Act, repeals any enactment hitherto made or hereafter
to bc made, then, unless a different intention appears, the repeal shall not-
(a) revive anyihingnolin force or existingat the tine atwhich the repeai takes
effect; or
. (b) affect the previous operation ofany enactment so repealed oranythingduly
done or suffered thereunder; or
(c) affect any right, privilege, obligation or iiability acquired, accrued or
incurred under any enactment so repealed; or
affect any penalty, forfeihire or punishment incurred in respect of any
(d)
offence w~lututtedagainst any enactment so repealed; or
(e) affect any investigation, legal proceeding or reinedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment as
aforesaid;
and any such investigation, legal proceedingor reinedy may be instituted, continued or
eaforced, and any such penalty, forfeiture or punishment may be imposcd as if the
repealing Act or Regulation had nor been passed.
COhmENTS
(i) This section inrcrolia provides proiectioo to aoy riai~cprivilege. obiistion or i+ability acquirid
or accrued under any enactmentrepealcd. The provisions of the new Actcan notinEringeor relegate the
riehtofameal
~=. ..nianrcd uoder the old Acc Md. Makibar Rakman v.IslomAlL AIR 1994 Gau 4.
-.
1. Subs. by me AO. 1950, forlbe farmersub-stion.
2. Sub-section (2) omittcd by the AO. 1950.
3. Subs, by ihc A.O. 1937, for "Ad of thc Governor Gcocnl in Council".
4. IN.by thcA.O.1937.
 Thc General Ciauses Ad. 1897 11

(iij W'hcnmci Lhcre i, a rupe.,: nian en3crment !he consequenms ..wd duan rn this renlon iollov.
udccsa diffcmnr ioicn~ionaFpeaS. sincc a singk r e p 1 scarcely or hardly leavesal!y room for C2nL-m
odnion or exuiession. Eveiih case a repeal of eoactmeotis followed by a fresh legislation, rhis section
i;applicable~ndrelevantunless the freshlnew legislation manifeslsan intention in&mpatiblewith or in
conflictorcontradicriontotheprovisiomofthes~tion mncemed;RameshCkondrnSaho~v.St~Ie, AR
1994 Ori 187.
(iii) 'Repeal' of provision is in distinction from 'deletion' of pinvision. 'Repeal' ordinarily brings
about mmplere obliteration of the provision as if it never exisred, thereby affecting all incoherent rights
andail ausaofactionrelated to the'reaealed' arovisionwhile'deletion' ordioarilv rakeseffectfrom the

(iv) Where the accident took place when the Old Motor Vehicles Act was io force but the claim
petitionwas filedafterthcrepeai oftheold Actandthe new Actcameinfoforce, thecasewould k m v e r e d
by the newActanddelay fora longerperiodthansixmonthscouldnotbemodooed Insucba cascclause
.
(c). of section 6 of 1heGeneral Clauses Actis no: amacted because, bv the enactment of the new law the
iemcd! of illc claiouot h s not 6%" aClectcdar d l . His nght m claim compensation h! lXog the cla8nj
w i d 0 ihc same period of hmiution has bccn prwcwed; %nod GuruJas Raikor v. . \ h r i o n u l l ~ s u r n n u
Co. Lfd.,,VR 19Q! SC 2156.
(v) ?he objectives of the provision of clause(c) ofsection 6 of thd Act is to emure protection ofauy
right or privilege acquired uoder the repealed Acq MIS.Gurcharnn Singh Boldnr Singit v. Ynrhwanr
Singk, AIR 1992 SC 180.
I ofActmaking textual amendment in Act orReguIation.-Where
] or Regulation made a k r the commencement of this Act repeals any
enactment by which the text of any 2[Central Act] or Regulation was amended by the
express omission, insertion or';substitution of any matter, then, udess a different
intention appears, the repeal shall not affect the continuance of any such amendment
made by thc enactment so rcpealed and in opeiation at the time of such repeal.]
7. Revivalofrepealed enae nts.*l)Lnany 2[CentralAct]orRegulalionmade
after the commencement of this Act, it shall be necessary, for the purpose of reviving,
eitherwholly or partially, any enactmentwhoUy or partially repealed, expressly to state
that purpose.
(2) This section applies also to all ycenkral Acts] made after the third day of
January, 1968, and to all Regulations made on or after the fourteenth day of January,
1887.
8. C o u s b d i o n ofreferences to repealed enacPmenls.-)[(I) Where this Act, or
any ?Central Act] orRegulationmadeafterthecouunencementofthis Act, repeals and
re-enacts, with or without modification, any provision of a former enactmenf then
referencesinany otherenactmentorinany instrumenttotheprovisionso repealedshall,
unless a different intention appears, be construed as references to theprovisionso
re-enacted.
'[(Z)] "Where before the fifteenth day of August, 1947, any Act of Parliament of
the United Kingdom repealed and re-enactedj, with or without modification, any
provision of a fonner enactmen+ thenreferences in any 2(Centra1 Act] or in any
1. I s . by Act 19 of 1936. sa. 2.
2. Subs by the AO. 1937;foi "Aa of tho Governor General in Council".
3. Tbc original m i o n 8 was rcnumbeied as sub-lion (1) of that section by Act 18 of 1919. s c 2
andSch. I.
4. Inr by A a 18 of l'X9, scc 2 and Sch. I.
5. Subs. by the A.O. 1950.Cor'Whcre any Act of Parliament repcalsaod mom&'.
 12 The General Clauses Act. 11597

Regiilation or instrument to the provision so repealed shall, unless a different intention

appears, bc construed as references to tbc provision so re-enacted.]
COMlllENIS

9. Commeocement a n d termination oE t i m e . 4 1 ) In any '[Central Act] or

Regulation made alter the commencement of this Act, it shall be sufficient, for the
purpose of excluding the first in a serics 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
pcriod 3f time, to use the word "to".
(2) This section applies also to all '[Central Acts] made after the third day of
January, 1868, and to aali Regulations made on or after the fourteenth day of
January, 1887.
10. Computation of t i m e . 4 1 ) Where, by any '[Central Act) or rcgulation made
aftcr thc conuncnccment ofthis Act, any act or proceeding is directed orallowed lo be
done or laken in any CourtoroCfice ona cenainday orwithina prescribedperiod, then,
if thc Court or office is closcd on that day or the last day of the prescribed period, thc
acl or procccdingshall be considered as done or taken in due time if it is done or taken
on thc ncxt day afterwards on which the Court or office is open:
Providcd that nothing in ibis section shall apply to any act or procecding to which
rhc 2[Lndian Limitation Act, 1877 (15 of 1577)],applics.
(2) This section applics also to all '[Central Acts] and Replatioils ~ m d on
c or after
the fourtccnth day of January, 1887.
COMMENTS
Arrording to the tcnder notificatioo, tender schedules could be obtained within the prescribed
~eriod.Since the last date of the prescribed period was subsequent to the date of notification, declared
to be a holiday oo !he basis ofthc principles laid d a m io d ~ i section
s the last dare of prescribed period
lor obtaining tilt tender schedules was exteodcd to the next working day; K. Soosolrn~knamv. Div.
Engbrcrr, N.1f.C. Tirunelvrli, NR 1995 Mad 90.
PI. Measurement of distamces.-ln the measurement of any distance, for the
purposc of any '[Central Act] or Regulation madeafter the commencement of this Act,
that distance shall, unless a different intention appears, be measured in a straight line
on a horizonlal plane.
It. Duty t o b e taken p r o rata in enactments.-Where, by any enactment now in
forceor hereafter to be in force, any duly of tustonls or excise, or excise, or inthe nature
thereof, is leviable on any given quantity, by weight, measure or value ofany goods or
merchandise, then a like duly is leviable according to the same rate on any '@eater or
less quantity.
13. Genderand number.-In all '[Central Acts] and Regulations, unless there is
anfling repugnaht in the subject or contexf-
(1) words u~iportiugthe inascuiine gender shall be taken to include females; and
(2)words. in the singular shall include the plural, and vice versa.
2. Subs. by iheA.0. 1937, for"AcSof theGovernorGenera1 in Council'
2. See. the Limitation Act. 1963 (36 of 1963).
 .&re~ces to the Sovereign.- [l?ep. by [/reA.O. 1950.1
POWERS AND lWNC'HHONA.WES
14. Powers r o n f e m d to be exerckabie tkom time to tiwe.-31) Where, by any
'[Central Act] or Regulation madc afler the comencemcnt of this Act, any power is
conferred:3[* * *], then "udcss a different intention appears] that power may be
cxcrcised from 6mc to timc as occasion requires.
(2) Thissectionapplies also to all 2[Central Acts] and Regulations madeon or afteren
the fourteenth day ofJanuary, 1857.
15. Power to appoint to include power to appoint ex oflicio-Where, by an).
yCcntral Act] or Regulation, a power to appointany person to fill any office orexecute
any hnction is confcrrcd, thcn, udess it is otherwise expressly provided, any such
appointment, if it is made afictcr the commencement of this Act, nny be made either by
name or by viilue of ofice.
16. Power to appoint to include power to suspend o r dismiss.-Where, by any
ZICcntralAct]orRegulalion,apowertomakeanyappointmentisconfened,then,unless
a different intention appears, the authority having "for the time being] power to make
the appointmcn? shall also have power to suspend or dismiss any person appointed
S[whcthcr by itsclf or any other authority] in exercise of that power.
17. Subs$itutiou oWuactiopnaries.+l) In any ?Central Act] or Regulation made
after the comn~cnccmentofthis Act, it shall be sufficient for the purpose of indicating
theapplicationofa lawtoeverypersonornumberofpersonsfor&etimebeingexecuting
the function of an office, to iuention the oficial title of theofficer at present executing
the functions, or that of the officer by whom the functions are commonly executed.
(2) This scction applies also to all ZICentral Acts] made after the third day of
January, 1868, and to all Regulations made on or after the fourteenth day of January,
1887.
18. Suceessors.-(l) In any 2[Central Act] or Regulation made afler the
conunencernent of this Acf it shall be sufficieni for the purpose of indicating the
relation of a law to the successors of any functionaries or of corporatio~uhaving
perpetual succcssion, to express its relation to the functionaries or corporations.
(2) This section applies also to all '[Central Acts! madc after the third day of
January, 1868, and to all Regulations made on or after the foufiecutb day of January,
1887.
cia1 chiefs and subordmates.-(l) In any '[Centnl Act] or Regulation
made after thc c o ~ m e n c e n ~ eof
n t this Ac4 it shall be suSEicienf for the purpose of
expressing that a law relative to the chief or superior of an office shall apply m the
deputiesorsubodinates lawfullypedomlingthedutiesof~atofficeinthe placeoftheir
superior, lo piescribe the duty of the superior.
(2)This Scctionappliesalsotoal12[CentraIActjnladeafterthe thirdday oUanuary,
1868, and to aliRegulations made on or after the fourteenth day of January, 1887.

1. Ins. by A d 18 of 1928, rcc 2 and Sch. I.

2. Subs. by iheA.O.1937. for"'AclrofUle FovemorGencnl in Council".
1 The words "on thc Goverornont"omitted by Act 18 of 1919, sec2 and Sch.1.
4. inr by A d 18 of1919. sec 2 andSch. 1.
5. Subs. by A a 18 of 1928, sec 2aodSeh. i. for "by ir'.
 PROVISIONS AS TOORDERS, RULES, ETC, M A D I E UNDER
ENACrnrnS
20. Conskroctiom of notificakioas, etc, issued under enactmen&.-Where, by
any '[Ccntral Act] or Reguiation, a power to issue any 2[notification], order, scheme,
mlc, form, or bye-law is codened, then expressions used in the '[notification], order,
scheme, rulc, fonn or bye-law, if it is made after the conmencement ofthis Act, shall,
unless there is anphing repugnant in the subject or contea, have the s r a e respective
mcanings as in the Act or Regulation conferring the power.
21. Power to issue, to indpsde power to add to, amend, yaw o r rescind
nnotiGcations, orde~,-s,Besorbye-laws.-Wheie,by any J[CentralAct] orRegulation,
a power to 3[issuenotifications,] orders, mles or bye-laws is conferred, then that power
includes a power, exercisable in the like manner and subject to the like sanction and
conditions (if any), to add to, anlend, vary or rescind any 'fnotificarions,) orders, rules
or bye-iaws so 3(issuedj.
c o r n
(i) Tne State Cmvernrncot cannot invoke this section of the Act for withdrawal of mnseol if the
streogthofthemnseotso~ntedforsub-leasethelesseeexecutcdsub-ieasedeedandon themimination
of such comcnt iota contract lhe sub-lessee had alrcady mmmenced the mining operations thereby
'maten'alisiog' the consent and changingthe moditions irrevocably €ram the one existingat the tirneof
grant of such cansenr;Government ofAndhra Prodesk v. Y.S. Viveknnnndo Reddy, AIR 1995 A? 1.
(ii) Thc provisions of theGenemi Clauses Act, 1897apply toail tbeCemai Acts, andRegulatioos1
Rules made thereunder byvirnieoEthissectionaFpowerexensableinthelikemannerunderany atsuch
Acts, Regulations or Rules includes, subject to the iikcsanction and moditions, if aoy, power to add to,
amendvary or rescindany Actor Rules orRcgulations somade;DurairvjuNoiduv.Sla~eofTnmililradu,
AIR 1994 Mad 68.
(iii) Whcre thepower to order detention of a detenue has beenexercised hy the Central Governmeor
or the State Government or their officer, then the powei to revoke the detention order can be passed by
the authority ordering de1cntion:AmirShodKhon v.L. Nhinglicna, AIR 1991 S C 1993.
22. Making of mles o r bye-laws and issuing of o r d e n between passing and
commencement of enacbae~at.-Where, by any '[Central Act] or Regulation which is
notto comeinto forcc immediately, onthe passingthereof a powcr is confencd to make
rules or bye-laws, or to issue orders with respect to the' application of thc Act or
Regulation,orwithrespectlothcestabiishn~entofany Courtorofiiceortheappointrnent
of any Judgc or officer lhcreundcr, or with respect to the person by whom, or the time
when, or the place where, or the manner in which, or the fees for which, anything is to
be done under the Act or Regulation, then thatpower may be exercised at any time after
thepassi~lgofthcActor Regulation; butrules, bye-laws or orders so made orissuedshail
not take effect till the coxmencement ofthe Act or Regulation.
23. Wovisions applicable to making of mles o r bye-laws after previous
prablicathn.-Where, by any '[Central Act] orRegulation,apowerto makeruiesorbye-
laws is expmsed to begivensubjectto theconditionofthe rulcs orbye-laws beingmade
aftcr previous publication, then the following provisions shall apply, namely:-
(1) the authority having power to make ihe rules or bye-iaws shall, before
making them, publish a d n H of thc proposed rules or bye-laws for the
infomiation of pcrsons likely to be affected thereby;
(2) the publication shall bc made in such manner as that authority deems to be
sufficicn~t,or, if the condition with rcspcct to previous publication so
1. Subs by the A.O. 1937. Tor "Act of the Govcmor Gcocml in Council".
2. Ins. by Act 101 1903,sec. 3 andScb. D.
3. Subs. by Act 1 01 1903.sec 3 and Sch. 11, for "make':
 rcquircs, in such manncias the '[Govcmment conccmed] prescr.;bes;
(3) there shall be published with the draft a notice specifyinga date on or after
which the draft will be taken into consideration;
(4) thc authority having power to make the rulcs or byc-laws, and, whcre thc
mles orbye-laws are to be made with rhe sanction, approval or concuncnce
of anothcr authority, that authority also, shall consider any objection o r
sdggcstion which may be receivcd by the authority having power to make
themlcsorbyc-laws Eromanypersonwithrespectto thedraftbefore thedale
s o specified;
(5) the publication in the 'lOEciaE Gazette] of a rule or bye-law purporting to
have becn made in excrcisc of a power to make ruics or bye-laws after
previous publication shall be conclusive proof that thc rule or bye-lamas
bccn duly madc.
94. Continuation of orders, etc., issued under enactments repealed and re-
enacted.-Wherc any 3[CcntraI Act] or Rcguiation, is, after the coilmencement ofthis
Act, repealed and re-eiiactcd with or without modification, then, unless it is otherwise
expressly provided any 41appoiiitmcnt notification,] order; scheme, rule, fonn or bye-
law, 4[inadc or] issued under the repealed Act or Regulation, shali, so far as it is not
incomislent with the provisions re-enacted, continue in force, and be deemed to have
bcen 4[i~iadcor] issued under thc provisions so re-enacted, u~llessand until it is
superseded by any "appoinbxnt, noification,] order, scheme, rule, form or bye-law[
4[made or] issucd under ihc provisions so re-enacted '[and when any 3[Ce~~tral Act] or
Regulation, which, by a notification under section 5 or SA of the 6Scheduled Disi#+cts
Act, 1874, (14 of 1874) or any like law, has bccn extended to any local area, has, by a
subsequent notification, been withdrawn from the re-exlended to such area or any part
thereof, the provisiom of such Act or Regulationshall be deemed to have been repealed
and re-cnaclcd in such arm orpart within Lbe mcaning of this Section].
IY~ISCEL~OUS
25. Recovery of ' k e s . 4 e c t i o n s 63 to 70 of the Indian Penal Code (45 of 1860)
and the provisions of the 'Codc of Crinlinal Procedure (5 of 1898) for the time being in
forccinrciatio~~ fo iheissueand thcexccliiion oiwarranlsfoitheJevy offinesshall apply
to all Eincs iniposcd uiidcr any Act, Regulation, rule or bye-law, unlcss the Act,
Rcgulation, mlc or byc-law contains and express provision to the contrary.
26. Provision as to oEences punishable oode~twoormoneenacPmew8s.-Wherc
an act or omission constitutes an oEfcnce under two or more enactmenls, then the
offeudcr shall bc liable io be prosecuted and punished under either or any of those
enactments, but shall not he liable to be punished mice for the same offence.
27. Meaning ofsewice by post.-Where any 3[Central Act) or Regulation made
ancr the coliuim~cemciitof this Act auihorizes or requires any document to be served
by post, wherc thc expression "scme" or either of the expiessions ''give"or "send" or
any othcrexprcssion is used, then, unless a different intention appears, the serviceshall
be decined io be cffecied by properly addressing, pie-payingand posting by registered
1. Subs. by 1hc A.O. 1950. foi"Cenlm1 Governlllen: or (he Provincial Gavemmcnr".
2. Subs. by theA.0. 1937, ioi"G,azcoe".
3. S u b by A.O. 1937. for "Act of thc GovemoiGeneral io Cauncii".
4. Ins by A d I oC 1903, sec. 3 and Scb. 11.
5. 1%. by Act 17 of i914, scc 2 and Sch. I.
6 . Rep. by the A.O. 1937.
7. Sec. the Code of Criminal Proccduic. 1973 (2 0C 1974).
 16 The Generoi Ciauses Act, 1597

post, a letrcr containingthe document, and, ullless the contnry is proved, to bavc bcin
cffccted at Lhc time at which the lctterwould be dclivcred in the ordinary course of post.
c o m m
(i) A ooticcw!~cnrequired under thestamtory ruies to besentby 'registered post acknowiedgmeilt
due' is instcad sent by 'registered post' only, t~eprotcctiooof presumption regarding serving of noticc
under 'rcgistcred post' under this section of ?heAct is neither tenable nor based upon sound e,position
oflaw: ?nifrdCommercial5onkv. Skim SainMaUzija, AIR 1994 Del 181.
(ii) Wherea notice is scot by the landlaid by rigistercd post and thesamcis returned by the tenant
with a n r~dorsemcotof refusal. it will be prcsumcd that the notice has been sewed; Jogdish Singh v.
Notlbu Singir; AT 1992 SC 1604.
28. Citation of eaactments.--(l) in any '[Central Act] or Regulation, and in any
uulc, bye-law, inshumenl ordocuincnt, niadc under, or with reference to any such Act
orliegulation, a n y cnaclnlcnimay becited by reference to the titie orshort title (ifany)
confencd thcrocn or by rct'ercncc lo the l~umberand year thcreof, and any provision i n
a n enacimcnt may be citcd by refeience to the section orsub-section of the enactment
in which the provision is contained.
(2) In this A d and in any '[Central Act] or Regulation madc after the
conuncnccrnent of this Act, a description or citation of a portion of another enactnient
shall, unlcss a different intciition appcars, be construed asincluding the word, section
or olhcr part mentioned or referred to as fonning the beginningand as forming ibc end
of the portion coinpriscd in the description or citation.
29. Saving forprevious enactments, rules and bye-laws.-Theprovisions ofthis
Act respecting the construction of Acts, Regulations, rules or bye-laws made afier thc
colmenccnnent oflhis Act shall not affect the consiruction of any Act, Regulation, rule
or byc-law madc before the comlencement of this Act, although the Act, Regulatjon,
mle or bye-law is continued or amended by an Act, Regulation, rule or bye-law made
after the comnencement of &is Act.
'f30. Appiication of Act to 0rdmanaces.-In this Act the expression '[Central
Act], wherever it occurs, except in section 5 and the word "Act" in '[clauses (9), (13),
(25),(40), (43), (52) and (54) of section 3 and in section 25shall be deemed to include
an Ordinance made and promulgated by the Governor General under section 23 of the
Indian Councils Act, 1861 (24and 25 Vict., ~.67)~[0rsection72 ofthe Govenunentof
India Act, 1915,1(5 and 6 Geo. V. c, 61) S[orsection 42 6[* * *I of the Govenunent of
India Act, 19351 (26 Geo. V. 6.2) '[and an Ordinance promulgated by the President
under article I73 of the Constitution.]
8[30A. Applieatioap of Act'to Acts made joy the Govemoa;&neml. -[Rep. by
file A.O. 19371.
9[31. Construction ofreferences to b c a h Governmentof a fiovbce.-[Rep. by
riie A.O. 1937.1.
THE SCHEDULE.-Enactwen& repealed.- [Rep. by the Repeaiing and
Amending Acf, 1903 (I of l9O3), sec. 4 a d Sck 117j.
1. Subs by the A.O. 1937, for"An of thc Govcaroi General in Couocil'l
2. Ins. by Act 17 of 1914. e c 2 and Sch. I.
3. Subs. by the K O . 1950,lor"dausn(9). (12). (38). (48) and (SO)".
4. ins. by Act24 oI 1917, sec 2 aodSch. I.
5. Ins. by tbcA.O.1937.
6 . Thc words and figurn "oiSccrioo 43" omitted by the AO. 1947.
7. Added by the ,LO. 1950.
8. Ins. by A n 11 of 1923, scc. 2 and Sch. i.
9. Ins. by A n 31 of 1920; sec 2 andSch. i.