The Tamil Nadu General Clauses Act, 1891

The Tamil Nadu General Clauses Act, 1891 Act 1 of 1891 Keyword(s): Abet, Barrister, Document, Financial Year, Good Faith, Immovable Property, Imprisonment, Judicial Proceeding, Local Authority, Movable Property, Oath, Offence, Public, Public Nuisance Amendment appended: 12 of 1976 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 416 General Clazcses [I891 : T.N. Act '(TAMIL NADU) ACT No. I OF 18912. (Received the assent of the Uovernor on the 3rd April 1891, and of the Governor-General on the 14th May 1891 .) An A!:t for further shortning the language used in 3(Tamil Nadu Acts) and for other purposes. WHEREASi t is expedient to further shorten the language used in 3(Tamil Nadu Acts) made and to make certain further prr,visions relating to th'ose Acts ; It is hereby enacted as follows :- sort time. 1. (a)T his Act may be called the '(Tamil Nadu) General Clauses Act, 1891 ;a nd (b) It shall come into force on the first day of aommencemenk Ja,nuary 1892. ,,, .lau,. 2. Notwithstanding mything contained in the Tmi, Nad, (Tamil Nadu) General Clauses Act, 1867, the pro- A,, I of visions of that Act shall not apply to this Aot 1867. a or to any *(Tamil Nadu Act) which may be passed , subsequent to the commencement of this Aot. 1 These words were substituted for the word "Madres " by the Tamil Nadu Adaptation of Laws Ordor, 1969, os emended by the Tamil Nadu Adeptation of Laws (Seaond Amendment) Ordi.r, 1969, which came into force on the 14th January 1969. a For Statomont of Objocts and Roasons, see Fort St. (Xeorgs aozette Supploment, dated the 3rd March, 1891, p. 6 ; for Report of the Select Committee, see ibid, datod 10bh idem, p. l ; for Procee- dings in Council, see ibid, dated the loth idem, p. 2, end ibid, dated the 7th April 1891, p.1. This Act wes exknded to the merged State of Pudukkottd by section 3 of, and the First Sohedub to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil N8du Act XXX.v of 1949). This Act was extended to the Ksnyakumsri district and the Shencottah taluk of the Tirunelveli district by section 10 of the Tamil Nadu (Transferred Territory) Extension of Laws Act, 19130 (Tamil Nadu Act 23 of 1960), which came into force on the 1st April, 1961 repeeling the corresponding law in that territory. a This expression wae substituted for the expression Aets " by paragraph 3 of, end the Schedule to, the Tamil K8dU Adaptation of Laws Order, 1969,- tumnded by the Tamil Nedu Adaptation of Laws (Second Amendment) Order, 1969. 4 This expression was substituted for the -xr-ssion 'I Madra8 Aot" by &id. 1891 : T.N. Act I] General Cla,wes CHaPTER I. 3. In this Act and in every '(Tamil Nadu Aot) i)ofinitions, made after the commencement of this A&, unless there be something repugnant in the subjeot or context,- centrdbt (1) rc abet " with its grammatical variations rd~bet,'. Of and cognate expressions, shall have the Bame meaning as in the Indian Penal Code : f (2) " barrister " shall mean a barrister of England cr~arrister'.. or Ireland or a member of the Faculty of Advocates in Scotland : (4) '(C hapter," "p&," "section" and "schednle" lgOhagter", ahall mean respectively a Chapter, parti and section ::g:ii;n,. of, and schedule to, the Act in which the word (dscheduley). occm : (6) "City of Mtkh8'' mean such l o 4 <<aityof area as is declared &om time to time to be the City bfadras". of Madras under any Act for the time being in foroe relating to the municipal affairs of such oity : (6) collector" shaII include every officer who, d.goUeotor*v. for the time being, is authorized to exercise the powers of a Colleotor : (7) "commenoemenb," used wifh referenoe to arcomm jnoe- Act, ahall mean the time at which the Act comes menb". into form : (8) "Distriob Collector" shall mean the ohiefg*District .local officer in oharge of the revenue administration Colleotor". of a distriot : - 1 Thie expmesion was mbtituted for the expmmioncrM adm &at " by paregraph 3 of, and the Sohedule to, the Tamil Nada Adaptation of Laws Order, 1969, w amended by the Tamil Nadr Adaptation of Lawe (Seoond bcndmsnt) Order, 1969. 2 Clause (3) wm omittdd by the Adaptetion Order of 1937. General Clawes [I891 : T.N. Act I (9) "document" shall mean any matter expressed or described upon any substance by means of let-, iipes or marks, or by more than one of those mew, intended to be used, or which may be used, as evidence of that matter : "Fi~.~ nckl (10) "financial year" shall mean the year commen- year cing on the first day of April ; "Good faith". (11) nothing is said to be done or believed in '<goodf aith" which is done or believed without due care and attention : "~ovable (14) "immovable property " shall include land, property". benefits to airise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth : (16) "imprisonment" shall mean imprisonment a,ntrslAhott l of either description as defined in the Indian Penal XLVO~ Code : 1860, (16) "judioial proceeding" shall mean any proceeding in the course of whioh evidencre is, or m y be, legally taken : (17) "local authority shall mean a Municipal " "Local Committee,District Board*,b ody of Port Clomioners authority". or other authority legally entitled to, or entrusted by the Government with, the oontrol or management of a municipal or lo& fund : - 1 Chuse (12) was omitted by the Adaptation Order of 1937. 8 Clsuee (13) was omitted by the Adaptation (Amendment) Order of 1960. 8 Clause (16-A)w as omitted by the Adaptation Order of 1937. 4 This olaw was omitted by pt~agraph6 of, end the Sohedule to, the Tamil Nadu Adeptetion of Laws Order, 1969, ss emsnded by the Temil Nadu Adaptation of Laws (Second henbent) Order. 1969. whioh came into foroe on the 14th January 1960. * Now t&e panchayat union oounoil or panohayat. 1891 : T.N. Ad I] General Clazc~ee 419 (18) "Magistrate" shall mean any person exercising "Msgistl ate . all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1882l : (19) "movable property " shall mean property p "M ro o p v rt a y b , l , e of every description exwpt immovable property : a[(19-a)" notification" shall mean 8 notification published in the Official Gazette] : (20) cGoeth," "me8p" and "affidavit" shall '"'-O=at,h," , \ and include afiirmation and declaration in the case of 66afflaavitss. peraone by law allowed to a&m or d e c k instead of swemhg : (21) "offence" shall mean any act or omissioo "Offenoe" made punishable by any law for the time being in force: (22) "person" shall include any company or lLP~rson". assooiation of individuals, whether incorporated or not : (23) "place" includes also a house, building, "P1aOe"* tent and vessel : '[(24) "prescribed" shall mean prescribed by rules, regulations or by-laws made under the ~ c t , in which the word ocours] : (26) "Presidency-town " shall mean the local l';fFno~ limits for the time being of the ordinary original civil jurisdiotion of the High C o do f Judicature at Madras : 1 See now the Code of Criminal Prooedure, 1973 (Central Aot 2 of 1974). a Thh olaw wae inserted by motion 3 of, and the Eleoond Schedule to, the Tmil Nedu Repealing and Amending Aot, 1961 (Tamil Nadu Aot X;$XYI of 1955). In so far as thi~A ot appliea to the added territomes, thls ole- was Inserted by seotion 4 of, and the bond Sohedule to, the T a d N edu (Added Tenitories) Extension of Laws (No. 2) Aot, 1961 (Tamil Nadu Aot 39 of 1961). 8 The o r i eo lauae (24) wm opittal by the dp.pt.tion Order of 1037 and t e preeent oleuee ww Inserted by seot~on3 of, end the Seoond Sahedule to, the Tamil Nedu Repealing and Amending Aot, 1966 (Tamil Nadu Aot XXXVI of 1966). In so far as this Aot applies to the added territories, this clause wm inserted by motion 4 of, d the Saoond Sohedule to, the Tamil Nadu (Added Temtoriea) Extension of Lawe (No. 2) Aot, 1961 (Tamil NIclu Aot 39 of 1961). 420 General Clause8 [I891 :T IN.A ct I "Publio." (26) "publio inoludes any o h o f the publio " or any commu~ty: I "Publio (27) "public nuisance" shall have the meaning "ie&noe.'' assigned to that expression in section 268 of the Central Indian Penal Code : Act XLV of 1880. %e&md" l[(28) "registered,," used with refemnw to a document, shall mean registered in a@dia] under the law for the time being in force for the registration of documents :] ''Sign.' ' (29) "sign," with it8 grammatical variatione and cognate expressions, shall, with reference to a person who is unable to write his name, include "mark" with its grammatical variations and oognate expressions : "Son" and (30) in the oase of any one whose perwml law 'rather." permits adoption, "son" shall inolude an adopted son, and "father" an adoptive father : sub-eection." (31) usub-seotion" shall mean a sub-seotion of the section in which the word ooours : 3[(31a) "Tamil Nadu Aot" shall mean rtn Aot made by the Governor of Fort St. George in Council under the Indian Clounoils Aots, 1861 to 1909 or any of those Aots, or the Government of India Aot, 1916, or by tho Looal Legislature or the Governor of the Presidency of Madras under the Government of India Act or by the Provin~iaLl egislature of Madras under the Government of India Aot, 1935, or by the Legislature of the State of Madras or Tamil Nadu under the Constitution ;] 1 This clause was substituted for the original clauee (28) by the Adaptation (Amendment) Order of 1950. 2 This word wes substituted for the words and letters "a P& A Steta or 8 Part C State " by wction 4 of, and the Third Sohedule to, the Tamil Nadu Repealing and Amending Aot, 1917 (Tsmil N& Ao t XXV of 1967). Cleuse (318) was inserted by paragraph 5 of, and the 8ohed& to, the Tamil Nadu Adaptation of Laws Order, 1969, es amended by the Tsmil Nadu Adaptation of Laws (Seoond Amen-) Order, 1969. whioh came into form on the 14thJ anuary 1069. 1891 : T,N. Act I'J Qenerat Ctauses 421 (32) "value," used with reference to a suit, shall ''Vdue." mean the amouht or value of the subject-matter of the suit, computed according to the law for the time being in force regulating the valuation of suits for purposes of jwisdioti9f&e the rulss' %re eb , . (33) "will" concurren@ of writing making property: (34) words importing the masculine gender Gender. shall include females: (38) words in the singular shall include the plural, ~ ~ b ~ ~ . and words in the plural shall include the singular: vtl) words which refer to acts done extend also Illegal omiu- to illegal omissions : siona. (37) " writing," with its grammatical variations "Writing." and cognate expressions, shall include "printing," '' lithography," 'cphotography," with their grammatical variations and oognate expressions, and other modes of representing or reproducing wor& in a visible form : (38) "year" and "month" sl~ll, respeotively, : : ~ ~ ~ ~ . ~ a mean a year and month reokoned aooording to the . British oalendar. CHAPTER 11. 4. This Chapter shall apply to all 2(Tamil Nadu Applioation of Chapter to Acts) made after the commencement of this Aob, dlfUture Aots. unless a contrary intention appears in such Acts. 1 In so far aa this Act a P P l ies to the added territories, section 3-A of this Act was repealed by section 12 of the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act a9 of 1961). This expression was substituted for the expression "Medm Aob" by paragraph 8 of, and the Schedule to, the Tamil Nadu Adapta- &iono f Lam Older,1969, ee amended by the Tamil Nadu Adrrp@tj~n of Laws (Second Amendment) Order, 1969. 422 General Clauses [1891 : T.N. Act 1 Commenoe- 115. 9 [(I) Where any Act to which this Chapter men$ of future applies is not expressed to come into operation, on a Aote. particular day, then, it shall come-irito operation, on the day on whioh the assent thereto of the Governor, the Governor-General or the President, as the oase may require, is first published in the Official Gazette.] (2) In every suoh Act the date of suoh publioation as aforesaid shall be printed either above or below the title of the Act and shall form pa& of the Aot.] Making of rules 6. Where, by an Aot to which this Chapter applies and issue of and which is not to oome into force irninediately on orders between the passing thereof, a power is conferred on Govern- paseing and commencement ment or other authority to me3re rules, or to issue orders, of ~ c t . with respect to the application of the Act, or with respect to the appoinbment of any officer thereunder, euth power may-be exercised at my time after the gassing of the Act, but rules or orders so made or issud shall not take effect t?ll the commencement of the A&. Provieiona 7. Where, by an Act to which this Chapter applies, the a power to make rules is erpreapad to be given, subject maklng of rulw after previous to the condition of the rules being made after previous publioetion. publication, the following provisions shall apply, namely :- Publication of (@) the authority having the power to make the , draft rules. rules shall, before making them, publish a draft of the proposed rules; + (b) the publication shall be made in suoh manner as Manner of publication. that authority deems to be sufficient,o r, if the condition with respect to previous publioatioh so requires, in such manner as the SICentralG overnment or, as the case may be, the *(State)G overnment] prescribes; 1 This section ww substituted for the original seotion by the Adaptation Order of 1937. 8 This sub-section was substituted for sub-section (I) by the Adaptation (Amendment) Order of 1960. 8 These words were substituted for the word "Qo~e-~~t" by the Adaptation Ordenof 1937. 4 Thia word was substituted for the word "Provincid" by Adaptation Order of 1960. r 1891 : Y.N. Act I] CTenerat CVames 423 (c) there shall be published with the draft Notice to a notice specifying a date at or after which the draft accompsnp dreEt rules. will be taken into consideration; (a) the authority having power to make the mlm, end, where the rules are to be made with the sa,notion, mg,d to approval or concurrence of another authority, that dee. authority also, shall consider any objection or sugges- tion whioh may be received by the authority having power to make the rules from any person with respect to the draft, before the date so specified; (e) the publication in the l[Official Gazette] PubIioatior- to z'~y'f"&fz of a rule purporting to have been made in exercise of a power to make rules after previous publication, shall be conclusive proof that the rule has been duly made. 8. Where any Act, to which this Chapter applies, Effect of repeals any other enaotment, then the repeal shall not- g'Iiw I (a) affect anything done or any offence committed, or any fine or penalty incurred or any pmedinga be- gun before the commencement of the repealing Ad ; or (b) revive anything not in force or existing at the time at which the repeal takes effect; or (c) affect the previous operation of any enaotment so repealed or anything duly done or suffered under any enaotment so repealed; or (a) affect any right, prielege, obligation or liability aoquired, accrued or incurred under any enactment so repealed; or (e) affde t any fine, penalty, forfeiture or punish- ment inou ed in respect of any offence committed against any enaotment so repealed ; or (f) affect any investigation, legal proceeding or remedy in respect of any such right, privilege,obIigation, liability, fine, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal prooeeding or remedy may be instituted, continued or enforoed, 1 These words were mbetituted for the worda P07t 8t. George Qasrtte" by the Adaptation Order of 1937. 424 General Clauses [la91 : T.N. Act I and any such fine, penalty, forfeiture or punishment, 11 I may be imposed, as if the repealing Aot had not been passed. ; Eoff fe~oboofm trsek pjnega 1 1[ 8-A. Where any Act to which this Chapter ~ r f ~a&melnd . applies, repeals any enactment by which the text of any ment in previous enactment was amended by the express previow Aot. omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affeot the continuance of any suoh amendment made : by the enactment so repealed and in operation at the time of such repeal.] Revival of 9. In any Act to which this Chapter applies- repealed enact- ments. (a) for the purpose of reviving, either wholly or partially, an Aot or Regulation, wholly or partially repealed, it shall be necessary expressly to state suoh purpose ; Commence- (6) for the purpose of excluding the first in a series men& term. of days or any other period of time, it shall be suffioient to use the word " from" ; Termination of (c) for the purpose of including the last in a series term. of days or any other period of time, it shall be sutllcient to use the word "to" ; *pplioation to (d) for the purpose of expressing that a law relative subordinates of law relative to to the chief or superior of an offim shall apply to the omoial deputies or subordinates lawfully executing the superiore. duties of such ofice in the plaoe of their superior, it shall be sufficient to prescribe the duty of the superior ; Applioation of - (e) for the purpose of indicating the relation of a law to ~ucoess ore offunotion- law to the successors of any functionaries,o r of oorpora- 1 aridsand tions having perpetual succession, it shall be sufficient oorporatione. to express its relation to the funotionaries or oorporo- tions ; and u) Alapwp Utoo aptieonm mO* for the purpose of indicating the applioation of for time being 8 law every person or number of persons for the time fiUing anofftoe. being exeouting tho functions of an offioe, it shall be sufficient to mention the official title of the ~ficear t present executing such functions, or.tbst of the oBaer . by whom the function.s ar e commonly emoutad. 1 seotion 8-11 waa inserted by the lldsdrse Ganed (hue Amendment) ~ot1,9 36 (-83 AOI~V of 1937). 1891 : T.N. Aet I] General Clazc8~9 rae 10. Where an Aot, to which this Chapter applies, Expressions used in ruleq wrrfers power to mske rules or by-law8 or '[to issue by-laws wd notifioations or orders], expressions used in such o,,,r, dors to have rules, '[by-laws, notifioations or orders], have the as in Aot under which they ere same respective meanings as in the Act conferring made or irsued. the power. It. Where, by an Aot to whioh this Chapter applies, Necesasfs extension of any aot or proceeding is directed or allowed to be periods. done or taken in a Court or office on a certain day or within a prescribed period, then, if the Court or office is olosed on that day or the last day of the prescribed period, the act or prooeeding shall be considered as done or taken in duo time if it is done or taken on the next day afterwards on which the Court or office is open. This seotion does not apply to airy act or proceed- oentrel Act XV Of ing to whioh the Indian Limitation Aot, 1877 2 applies. 1877. 1 sections 10 =nd 15, for the W O ~ R' to issue orders", the worL "to issue notificationlr or orders" and for the words "by-lava or orderr," the words *'by-laws, notiticzitions or orders," wme substituted by section 3 of, and the Second Sohedule to, the Tamil Nadu Repealing and Amending Act, 1965 (Tamil Nadu Act XXXVI of 1966). In so far aa this Aot applies to the added territories, for the words "to ireae orders," the words 'to inme notifications or orders" and for the worde "bye-laws or orders." fhe words "by-laws, notifiaatiom or orders" were substituted by section 4 of, and the Reoond.Schedulo to, the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1061). 2 See now the T.imitation Act, 1063 (Central Ao?,3 0 of 1963). I 426 General Clauses .[i89i : T.N. Aet I I CHAPTER 111. f GENERALP BOVISIONAPSPL ICABLE TO ALL AOTS. Applia8tion of 12. This Chapter shall apply to all l(Tami1 Nadu Chapter 111 to Acts) unless a oontrary intention appears in any all Acte. such Act, but it shall not effect anything done or commenced prior to the commencement of this Aot . under any enactment now in force. When powers 13. Where an Act confers a power or imposes and dutiestobe a duty, then the power 1l;lzy be exercised and the exercised and duty shall be performed from time to time as occasion I requires. Exercise of 14. Where an Act confers a power or imposes a power and perfomance of duty on the holder of an office, as such, then the duty by power may be exercised and the duty sht ' be per- tempOmry formed by the holder for the time being of Vae office. I holder of offlce. Revocation and alteration of 15. Where an Act confers a power to make any rulee, bg-ler~u les or by-hws, or z[to issue notifications or orders,] and orders. the power shall be oonstrued as inoluding a power exeroisable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke, amend or vary the rules, a[by-laws, notifications or orders]. 1T his expression was substituted for the exprewion "Madras Acts" by pwragraph 3 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Ozder, 1969. In so far as this Act applies to the added territories, for the words "all Madras Acts, Andhra Acts end Andhra Pradesb Acts . made", the words "all Madras Acts. Andhra Acts and Anclhra Prsdesh Acts" were substituted by section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (TamilN edu Act 39 of 1961). 2 Tn sections 10 and 16, for the words "to issue orders", the words "to i3sue notifications or ordera" end for the worde "by-laws or orders", the words "by-laws, notifications or orders" were substituted by section 3 af, and the Second Schedule to, the Tamil Nadu Repealing and Amending Aot, 1956 (Tamil Nadu Act XXXVI of 1966). In so far as this Act applies to the added territories, for the words "to issue orders," the words "to issue notifications or ordefs" and for the words "by-laws or orders," the words "by. laws, notifications or orders" were substituted by wtion 4 of, and the Second Schedule to, the T a dN adu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961). 1 1891 : T.N. Act ][I CTenerd Clauses 427 16. Whenever by an Act any duty of oustom8 Duty leviable or exoise or in the nature thereof is leviable on any Pro given quantity, by weight, measure or value, of any goods or merohandise, a like duty shall be leviable according to the same rate on any greater or Iess quantity. g$;;ib;. 17. Whenever by an Aot authority is given to oonfer powers or impose duties, suoh powers may imposing be oonfe~~eodr duties imposed by name or by office duties. - or on olasses of offioials generally by their offioial tiW. ?!&,i 18. Where an A t repeals and re-enacts, with References or without mdoation, all or any of the provisions of a former Aot, references in any other Act to the md m.msotsd. provisions so repealed shall be oonstrued as referenoes to the provisions so re-enaoted, and if notsoations have been published, proclamations or certifioates j issued, day wers oonferred, forms presaribed, local ;limits -&e W, offioes established, orders, rules / and appoi&ents made, engagements entered into, I licenoes or permits granted, and other things . duly done, under the provisions so repealed, the same shall be deemed, so far as the same are oonsistent with the provisions so re-enaoted, to have been res- pectively published, issued, oonfemd, prescribed, defi- ned, established, made, entered into, granted or done, , under the provisions so re-enacted. E ~ Y htrsI 19. The provisions of seotions 63, 68, 69 and 70 of AatXLV of of the Indian Penal Code shall apply to all fines 1860. imposed under the authority of any Aot. ~ e y ~ ~ , " n ~ ; 20. Where an act or omission oomtitutes an offence ,, under two or more enaotments, the offender shall be th, liable to be proseouted and punished under either or enaotment. any off hose enaatments, but shall not be liable to be punished twice for the same aot or omission. Publi~tion of 21. Where in any Aot, or in any rule passed under order0 and any Ad, it is*d ireoted that my order, notification nthoeti fOi0faftioioianl8 in or other matter ahall be notifled or published, enoh Gazette. 428 Qeneral Chuaes [la91 t. T.N. Act I notification or publication shall, unless the Act otherwise provides, be deemed to be duly made if it is published in the [OfficialG azette]. I Determination 22. When, by an Act %[any Government] is of the times at whioh Acts or empowered to extend or apply an Act or any provi- provisions of sion of an Act to any place in, or to any portion of, Aob the S[State], the Government may, in any order or applied by hvernmto eexntentd ing or applying such Act or provision or in certain places a subsequent order, notify the time at which fihe same shall come into force in the plaoe or portion of the Oome foroe. 8[State] to which it is so extended or applied ; and, unless it is othorwiso provided in the Act, a[the Govern- ment] may, by notification in the l[Offioial Gazette] from time to time postpone the time at whioh the Aot or provision shall come into force in suoh plaoe or portion of the S[State ] or cancel the order for extending or applying the same to suoh plaoe or porbion of the S[State] : proviro. Provided that no order postponingthe time st whioh an Act or provision shall come into force, or cancelling an order for extehding or applying the same, shall be made after the Act or provision hss aotually come into force in tho place or portion of the s[State] to which such order relates. 1T hoso words were substituted for the words "Fort St Qeorge Gazette" by tho Adaptation Ordor of 1937. 2 These words wore substituted for the word 66Covernment"b y ibid. SThe word "Provinco" was subst,ituted for the word3 "Presidency of Madras" by tho Adaptation Ordcr of 1937 snd the word "State" was substituted for "Province" by the Adep'btion Order of 1950. 1891 : T.N. Act fl General C1cncse.s 4 29 * CHAJ?TER IV. [28. The provisions of this Aot shall apply- Applio~tio~o f 8 Act to Regulr- fiom and (0) [ 1 Ordinsncrr. (b) in relation to any Ordinanoe promulgated by the Governor under artiole 213 of the Constitu- tion or any Regulation made by him under paragraph 61 of the Fifth Schedule to the Constitution, in like manner as they apply in relation to [Tamil Nadu Ads] made by the State Legislature : Provided that sub-seotion (1) of seotion 5 of this Aot shall apply to any Ordinance referred to in olause (b) as if the reference in that sub-section to the day of the first publioation of the assent to an Aot in the Offioial Gazette were a reference instead to the day of the first publioation of the Ordi- nmoe in that Gazette.] 1 Chapter N was inserted by the Adaptation Order of 1937. 8 This seotion was substituted for the original seotion 23 by the Adeptation (Amendment) Order of 1950. =This olauoe was omitted by the Madras Adaptation of Laws Order, 1967. In so far as this Act applies to tho added territories, this clause was omitted by section 4 of, and the Second Schedule to, the Temil Nadu (Added Territories) Extewion of Laws (No. 2) Act, 1Q61( Tamil Nadu Act 39 of 1961). 4 This expression was substitutod for the expression "Madras Acts" by peragraph 8 of, and tho Schedulo to, the Tamil Nadu Adaptation of Lam of Order: 1969, as amended by the Tamil Xndu Adaptation of Laws (Second Amendment) Order, 1968. 1976 : President's Act 121 General Clauses 539 (Amendment) PRESIDENT'S ACT NO. 12 OF 1976.* THE TAMIL NADU GENERAL CLAUSES (AMENDMENT) ACT, 1976. [Received the assent of the President on the 16th April 1976, jirst published in the Tamil Nadu Government Gazette Extraordinary on the 17th April 1976(Chithirai5 , Nala (2007- Tiruvalluvar Andu)).] Enacted by the President in the Twenty-seventh Year of the Republic of India. An Act further to amend the Tamil Nadu General Clauses Act, 1891. In exercise of the powers conferrtd by section 3 of the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976 (41 of 1976), the President is pleased to enact as follows :- 1. (1) This Act may be called the Tamil Nadu Short title General Clauses (Amendment) Act, 1976. and cornmen@- ment. (2) It shall be deemed to have come into force on the 3rd day of March 1976. 3. In the Tamil Nadu General Clauses Act, 1891 Insertion of (Tamil Nadu Act I of 1891) (hereinafter referred to as the new section principal Act), in Chapter 111, after section 22, the following 22-A. section shall be inserted, namely :- "22-A. Construction of references to Minister in Acts, etc.-Any reference to any Minieter (including the Chief Minister) in any Act or in any rule, notification, order, regulation, by-law or other instrument made or issued, under such Act, shall, during the period of opera- tion of a Proclamation issued by the President under article 356 of the Constitution in respect of the State of Tamil Nadu, be construed as a reference to the Governor or to such adviser to the Governor or-to such other officer, as the Governor may, by notification, specify in this behalf and different notifications may bc issued in respect of different Acts and instruments made or issued thereunder.". - . .. I_*Fo_r R easons for the enactment, see Tamil Nadu Governinem Gazette Extraordinary, dated the 17th April 1976, Part IV-Section z,,Pages 141-142. 540 :General Clauses [I976 : President's Act 12 (Amendment) I Repeal and 3. (1) The Tamil Nadu General C1 uses (Amendment) saving. Ordinance, 1976 (Tamil Nadu Ordinance 4 of 1976), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.