The Maharashtra General Clauses Act

--- Section 1. Section 1.Short title. --- This Act may be called 1 [the Maharashtra General Clauses Act.] [Footnotes] 1. This short title was amended for the "the Bombay General clauses Act, 1904" by Mah. 24 of 2012, s. 2, Schedule Entry 11, w.e.f. 1-6-1960. --- Section 1A. Section 1A.Extension of application of Act to Acts, rules, etc., made on or after the 1st day of November, 1956. --- 1 [1-A. Extension of application of Act to Acts, rules, etc., made on or after the 1st day of November, 1956.- The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the 2 State of Bombay passed, made or promulgated on or after the 1st day of November 1956 and such provisions of this Act as relate to any notification, order, scheme, rule, by-law, or form shall apply also in relation to any notification, order, scheme, rule, by-law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date : Provided that where any such Act, Regulation, Ordinance, notification, order, scheme, rule, bylaw or form passed, made or promulgated on or after the 1st day of November 1956 amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated before that date in relation to the territories transferred to the new State of Bombay under clauses (b) to ( e ) of sub-section ( 1 ) of section 8 of the States Re-organization Act, 1956 (XXXVII of 1956), the law in force of these territories in respect of the interpretation of the law so amended shall apply to the amending law, and not the provisions hereinafter of this Act.] [Footnotes] 1. This section was inserted by Bom. 24 of 1957, s. 2. 2. The words "State of Bombay" shall stand unmodified, vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 1B. Section 1B.Extension of application of Act to Acts, rules, etc., of State of Maharashtra. --- 1 [1B. Extension of application of Act to Acts, rules, etc., of State of Maharashtra.- The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the State of Maharashtra passed, made or promulgated on or after the 1st day of May 1960 and such provisions of this Act as relate to any notification, order, scheme, rule, by-law or form shall apply also in relation to any notification, order, scheme, rule, bylaw, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date : Provided that where any such Act, Regulation, Ordinance, notification, order, scheme, rule, bylaw or form passed, made or promulgated on or after that date amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated in relation to any territory of the State of Maharashtra, not being the Bombay area of that State, the law in force in those territories in the interpretation of the law so amended shall apply to the amending law, and not the provisions hereinafter of this Act.] [Footnotes] 1. This section was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 2. Section 2.Repeal. --- The Bombay Acts mentioned in the Schedule are repealed to the extent specified in the fourth column thereof. --- Section 3. Section 3.Definitions. --- In this Act, and in all Bombay Acts 1 [or Maharashtra Acts] made after the commencement of this Act, unless there is anything repugnant in the subject or context,- ( 1 ) Abet. - "abet" with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (XLV of 1860) ; ( 2 ) Act. - "act", used with reference to an offence or a civil wrong, shall include a series of acts ; and words which refer to acts done shall extend also to illegal omissions ; ( 3 ) Affidavit. - "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ; ( 4 ) Barrister. - "barrister" shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland ; ( 5 ) Bombay Act. - "Bombay Act" shall mean an Act made by the 2 [Governor of Bombay] in Council under the 3 [Indian Councils Act, 1861] or the Indian Councils Act, 1861 and 1892 4 [or the Indian Councils Acts, 1861 to 1909 or the Government of India Act, 1915, or made by the local Legislature, or the Governor of the Presidency of Bombay under the Government of India Act, or by the Provincial Legislature, or the 5 [Governor of Bombay], under the Government of India Act, 1935], 6 [or made by the Legislature of the 7 [pre-Re-organization or reorganized] 8 [State of Bombay] under the Constitution] ; 9 [( 6 ) "Bombay area of the State of Maharashtra" shall mean the area of the State of Maharashtra excluding the Vidarbha region, and the Hyderabad area, of that State;] 10 ( 7 )* * * * * 11 ( 8 )* * * * * ( 9 ) Chapter. - "Chapter" shall mean a Chapter of the Act in which the word "Chapter" occurs; 12 [( 10 ) City of Bombay. "City of Bombay" shall mean the area within the local limits of the ordinary original civil jurisdiction of the Bombay High Court of Judicature immediately before the date on which the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945), came into force ;] ( 11 ) Collector. - "Collector" shall mean, in the 13 City of Bombay, the Collector of Bombay; and elsewhere the chief officer in charge of the revenue administration of a district ; ( 12 ) Commencement. "commencement" used with reference to an Act, shall mean the day on which the Act comes into force ; 14 [( 13 ) "Commissioner" shall mean the Commissioner of a division appointed under the 15 Bombay Land Revenue Code, 1879 (Bom. V of 1879);] ( 14 ) Consular Officer. - "Consular Officer" shall include consul-general, consul, Viceconsul, consular agent, pro-consul and any person for the time being authorised to perform the duties of consul-general, consul, vice-consul or consular agent ; ( 15 ) District Judge. - "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 ; ( 16 ) Document. - "document" shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, which is intended to be used, or which may be used, for the purpose of recording that matter ; ( 17 ) Enactment. - "enactment" shall include 16 * * * any Regulation of the Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid ; ( 18 ) Father. - "father" in the case of any one whose personal law permits adoption, shall include an adoptive father ; ( 19 ) Financial year. - "financial year" shall mean the year commencing on the first day of April ; ( 20 ) Good Faith. - "a thing shall be deemed to be done in" "good faith" where it is in fact done honestly, whether it is done negligently or not ; 17 [( 21 ) " 18 Greater Bombay" shall mean the areas specified in Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945)] ; ( 22 ) High Court. - "High Court", used with reference to civil proceedings shall mean the highest Civil Court of appeal in the part of the Bombay Presidency 19 [and after the 1st day of May 1960 in the part of the State of the Maharashtra] in which the Act containing the expression operates ; 20 [( 23 ) "Hyderabad area of the 21 [State of Bombay]" shall mean the territories transferred to the new State of Bombay under clause (b) of sub-section ( 1 ) of section 8 of the States Re-organisation Act, 1956 (XXXVII of 1956) 22 [and after the 1st day of May 1960 the said territories which form part of the State of Maharashtra shall be known as the Hyderabad area of the State of Maharashtra] ; ( 24 ) Immovable property. - "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 ; ( 25 ) Imprisonment. - "imprisonment" shall mean imprisonment of either description as defined in the 23 [Indian Penal Code (XLV of 1860)] ; 24 * * * * * ( 26 ) Local authority. - "local authority" shall mean a municipal corporation, municipality, local board, body of port trustees or commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of municipal or local fund ; 25 [( 27 ) "Maharashtra Act" shall mean an Act made on or after the 1st day of May 1960 by the Legislature of the State of Maharashtra under the Constitution] ; ( 28 ) Magistrate. - "Magistrate" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, for the time being in force ; ( 29 ) Master (of a Ship). - "master" used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the timebeing control or charge of the ship ; ( 30 ) Month. - "month" shall mean a month reckoned according to the British calendar ; ( 31 ) Moveable property. - "moveable property" shall mean property of every description, except immoveable property ; ( 32 ) Oath. - "Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ; ( 33 ) Offence. - "offence" shall mean any act or omission made punishable by any law for the time being in force ; ( 34 ) Part. - "part" shall mean a part of the Act in which the word occurs ; ( 35 ) Person. - "person" shall include any company or association or body of individuals, whether incorporated or not ; 26 [( 35A ) "pre-Reorganisation" 27 [State of Bombay] shall mean- ( a ) as respects any period before the commencement of the Constitution, the area comprised in the Province of Bombay ; (b) as respects any period after the commencement of the Constitution, the territories of the State of Bombay as specified in the First Schedule to the Constitution before the commencement of the States Reorganisation Act, 1956 (XXXVII of 1956) ;] ( 36 ) Public nuisance. - "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code (XLV of 1860) ; 28 [( 37 ) Registered. - "registered" used with reference to a document, shall mean registered in a Part A State or a Part C State under the law for the time being in force for the registration of documents;] 29 ( 38 ) * * * * ( 39 ) Rule. - "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 ; 30 ( 39A ) * * * * ( 40 ) Schedule. - "schedule" shall mean a schedule to the Act in which the word occurs ; ( 41 ) Scheduled District. - " 31 Scheduled District" shall mean a "Scheduled District" as defined in the 32 Scheduled Districts Act, 1874 (XII of 1874) ; ( 42 ) Section. - "section" shall mean a section of the Act in which the word occurs ; ( 43 ) Ship. - "ship" shall include every description of vessel used in navigation not exclusively propelled by oars ; ( 44 ) Sign. - "sign" with its grammatical variations and cognate expressions, shall with reference to a person who is unable to write his name, include "mark" with its grammatical variations and cognate expressions ; ( 45 ) Son. - "son", in the case of any one whose personal law permits adoption, shall include an adopted son; ( 46 ) Sub-section. - "sub-section" shall mean a sub-section of the Section in which the word occurs ; 33 [( 46A ) " 34 [State of Bombay]" shall mean- ( a ) as respects any period before the 1st day of November 1956 the pre-Reorganisation State of Bombay; (b) as respects any period on and after that day the territories comprised in the new State of Bombay under section 8 of the States Reorganisation Act, 1956 (XXXVII of 1956);] 35 [( 46AA ) "State of Maharashtra" shall mean the territories which on the 1st day of May 1960 are known as the State of Maharashtra under section 3 of the Bombay Reorganisation Act, 1960 (XI of 1960);] 36 [( 46B ) "transferred territories" shall mean the territories transferred from the preReorganisation 37 [State of Bombay] to the new States of Mysore and Rajasthan under sections 7 and 10 of the States Reorganisation Act, 1956 (XXXVII of 1956);] ( 47 ) Swear. - "swear" with its grammatical variations and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing ; ( 48 ) Vessel. - "vessel" shall include any ship or boat or any other description of vessel used in navigation ; 38 [( 48A ) "Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the 39 [State of Bombay]" shall mean the territories transferred to the new State of Bombay under clause ( c ) of sub-section ( 1 ) of section 8 of the States Reorganisation Act, 1956 (XXXVII of 1956) 40 [and after the 1st day of May 1960] the said territories which form part of the State of Maharashtra shall be known as the Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the State of Maharashtra] ; ( 49 ) Will. - "Will" shall include a codicil and every writing making a voluntary posthumous disposition of property; ( 50 ) Writing. - expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words or figures in a visible form on any substance; and ( 51 ) Year. - "year" shall mean a year reckoned according to the British calendar. [Footnotes] 1. These words were inserted, by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. These words stand unmodified vide Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. See now the Government of India Act, 1935. 4. These words and figures were inserted by the Adaptation of Indian Laws Order in Council. 5. These words stand unmodified vide Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 6. This portion was inserted by the Adaptation of Laws Order, 1950. 7. These words were substituted for the words "State of Bombay" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 8. These words stand unmodified vide Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 9. This clause was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 10. Clauses ( 7 ) and ( 8 ) were omitted by the Adaptation of Indian Laws Order in Council. 11. Clauses ( 7 ) and ( 8 ) were omitted by the Adaptation of Indian Laws Order in Council. 12. This clause was substituted for the original by Bom. 17 of 1945, s. 9, Sch. E, read with Bom. 52 of 1947, s. 2, proviso. 13. The Name of this city was restored as "Mumbai" vide Mah. 25 of 1996, s. 3. 14. This clause was inserted by Bom. 8 of 1958, 3, Sch. 15. See now the Maharashtra Land Revenue code, 1968 (Mah. XLI of 1966). 16. The words deleted by Bom. 5 of 1948, s. 2, have been omitted. 17. This clause was inserted by Bom. 17 of 1945, s. 9. Sch. E read with Bom. 52 of 1947. s. 2, proviso. 18. See now "Brihan Mumbai" (Mah. 25 of 1996, S. 3.). 19. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 20. Original Clause ( 23 ) was omitted by the Adaptation of Laws Order, 1950 and a new clause ( 23 ) was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957. 21. These words stand unmodified, see the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 22. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 23. Central Acts. 24. Clause ( 25A ) was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 25. This clause was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 26. This clause was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 27. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 28. Clause ( 37 ) was substituted for the original by the Adaptation of Laws Order, 1950. 29. Clause ( 38 ) was deleted by Bom. 5 of 1948, s. 2. 30. Clause ( 39A ) was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 31. That is the villages belonging to the following mehwassi Chiefs :- ( 1 ) The Parvi of Kathi. ( 2 ) The Parvi of Nal. ( 3 ) The Parvi of Singpur. ( 4 ) The Walvi of Gaohalli. ( 5 ) The Wassawa of Chikhli. ( 6 ) The Parvi of Nawalpur. 32. The Scheduled Districts Act ceases to have effect under the Adaptation of Indian Laws Order in Council. 33. This clause was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 34. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 35. This clause was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 36. This clause was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 37. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 38. This clause was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1956 as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957. 39. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 40. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 4. Section 4.Application of certain foregoing definitions to previous Bombay Acts. --- The definitions in section 3 of the following words- that is to say, "abet", "affidavit", 1 * * 2 [Bombay area of the State of Maharashtra] "Chapter", "City of Bombay", "Collector", "Commissioner", "good faith", 3 ["Greater Bombay", 4 * * * , 5 [Hyderabad area of the 6 [State of Bombay]], 7 * * * * "immoveable property", "Magistrate", "month", "moveable property", "oath", "part", "person", 8 [pre-reorganisation 9 [State of Bombay]], 10 [* * * * , 11 * * * "Schedule", "section" 12 [State of Bombay]], 13 [State of Maharashtra], "swear", 14 [transferred territories], "vessel", 15 [Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the 16 [State of Bombay]], "writing", and "year" apply also, unless there is anything repugnant in the subject or context, to all Bombay Acts made before the commencement of this Act. [Footnotes] 1. The words "British India", "Government of India" and "Presidency of Bombay" were omitted by the Adaptation of Indian Laws Order in Council. 2. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. These words were inserted by Bom. 17 of 1945 read with Bom. 52 of 1947, s. 2. proviso. 4. The words "British India", "Government of India" and "Presidency of Bombay" were omitted by the Adaptation of Indian Laws Order in Council. 5. These words were inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956 as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957. 6. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 7. The words "Kutch area of the State of Bombay" and "Saurashtra area of the State of Bombay" were omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 8. These words were inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 9. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 10. The words "Kutch area of the State of Bombay" and "Saurashtra area of the State of Bombay" were omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 11. The words "British India", "Government of India" and "Presidency of Bombay" were omitted by the Adaptation of Indian Laws Order in Council. 12. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 13. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 14. These words were inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 15. These words were inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956 as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957. 16. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 5. Section 5.Coming into operation of Bombay Acts or Maharashtra Acts. --- 5. Coming into operation of Bombay Acts 1 [or Maharashtra Acts.]. - 2 [( 1 ) Where any Bombay Act 3 [or Maharashtra Act] is not expressed to come into operation on a particular day, then, ( i ) in the case of a Bombay Act made before the commencement of the Constitution, it shall come into operation, if it is an Act of the Legislature, on the day on which the assent thereto of the Governor, the Governor-General or His Majesty, as the case may require, is first published in the Official Gazette and, if it is an Act of the Governor, on the day on which it is first published as an Act in the Official Gazette ; ( ii ) in the case of a Bombay Act 4 [or Maharashtra Act] made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the Official Gazette .] ( 2 ) Unless the contrary is expressed, a Bombay Act 5 [or Maharashtra Act] be construed as coming into operation immediately on the expiration of the day preceding its commencement. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. This sub-section was substituted for the original sub-section by the Adaptation of Laws Order, 1950. 3. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 4. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 5. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 6. Section 6.Printing of date on which Act is published after having received the assent of the Governor, Governor-General, or His Majesty as the case may require. --- In this Act, and in every Bombay Act 1 [or Maharashtra Act], made after the commencement of this Act, the date of such publication as is mentioned in section 5, sub-section ( 1 ), shall be printed above the title of the Act, and shall form part of the Act. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 7. Section 7.Effect of repeal. --- Where this Act, or any Bombay Act 1 [or Maharashtra Act], made after the commencement of this Act, repeals any enactment thereto made or hereafter to be made, 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 enactment 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, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act had not been passed. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 7A. Section 7A.Repeal of any enactment making textual amendment in any Act. --- 1 [7A. Repeal of enactment making textual amendment in any Act. - Where any Bombay Act 2 [or Maharashtra Act] made after the commencement of this Act repeals any enactment by which the text of any previous enactment was amended by the express omission, insertion, or substitution of any matter, then, unless, a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal]. [Footnotes] 1. This section was inserted by Bom. 5 of 1948, s. 3. 2. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 8. Section 8.Revival of repealed enactments. --- ( 1 ) In any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose. ( 2 ) This section applies also to all Bombay Acts made before the commencement of this Act. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 9. Section 9.Construction of references to repealed enactments. --- Where this Act, or any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then reference in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as reference to the provision so re-enacted. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 10. Section 10.Commencement and termination of time. --- ( 1 ) In any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from" and, for the purpose of including the last in a series of days or any other period of time, to use the word "to". ( 2 ) This section applies also to all Bombay Acts made before the commencement of this Act. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 11. Section 11.Computation of time. --- Where, by any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed 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 afterwards on which the Court or office is open : Provided that nothing in this section shall apply to any act or proceeding to which the 2 Indian Limitation Act, 1877, applies. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. See , now the Limitation Act, 1963 (36 of 1963). --- Section 12. Section 12.Measurement of distance. --- In the measurement of any distance for the purpose of any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 13. Section 13.Gender and number. --- In all Bombay Act 1 [or Maharashtra Act], unless there is anything repugnant in the subject or context- ( a ) words importing the masculine gender shall be taken to include females; and (b) words in the singular shall include the plural, and vice-versa . [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 14. Section 14.Powers conferred on any Government to be exercisable from time to time. --- Where, by any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act any power is conferred on 2 [any Government], then that power may be exercised from time to time as occasion requires. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. The words "any Government" were substituted for the words "the Government" by the Adaptation of Indian Laws Order in Council. --- Section 15. Section 15.Power to appoint to include power to appoint ex-officio. --- Where, by any Bombay Act 1 [or Maharashtra Act] a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 16. Section 16.Power to appoint to include power to suspend or dismiss. --- Where, by any Bombay Act 1 [or Maharashtra Act] a power to make any appointment is conferred, then, unless a different intention appears the authority having power to make the appointment shall also have power to suspend or dismiss any person appointed by it in exercise of that power. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 17. Section 17.Substitution of functionaries. --- ( 1 ) In any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act it shall be sufficient for the purpose of indicating the application of a law to 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. ( 2 ) This section applies also to all Bombay Acts made before the commencement of this Act. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 18. Section 18.Successors. --- ( 1 ) In any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act is shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations. ( 2 ) This section applies also to all Bombay Acts made before the commencement of this Act. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 19. Section 19.Official chiefs and subordinates. --- ( 1 ) In any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act it shall be sufficient for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior. ( 2 ) This section applies also to all Bombay Acts made before the commencement of this Act. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 20. Section 20.Construction of orders, etc., issued under Bombay Acts or Maharashtra Acts. --- 20. Construction of orders, etc., issued under Bombay Acts 1 [or Maharashtra Acts]. - Where, by any Bombay Act 2 [or Maharashtra Act], a power to issue any notification, order, scheme, rule, bylaw or form is conferred, then expression used in the notification, order, scheme, rule, by-law or form, if it is made after the commencement of this Act, shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the Act conferring the power. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 21. Section 21.Power to make to include power to add to, amend, vary or rescind, orders, etc. --- Where, by any Bombay Act 1 [or Maharashtra Act], a power to issue notifications, orders, rules or by-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, amend, vary or rescind any notifications, orders, rules or by-laws, so issued. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 22. Section 22.Making of rules or by-laws and issuing of orders between publication and commencement of Bombay Act or Maharashtra Act. --- 22. Making of rules or by-laws and issuing of orders between publication and commencement of Bombay Act 1 [or Maharashtra Act.]. - Where, by any Bombay Act 2 [or Maharashtra Act], which is not to come into operation on 3 [the passing thereof], a power is conferred to make rules or by-laws, or to issue orders with respect to the application of the Act, or with respect to the establishment of any Court or office, or the appointment of any Judge or officer, thereunder, or with respect to the person by whom, or the time when or the place where, or the manner in which, or the fees for which anything is to be done under the Act, then that power may be exercised at anytime after 4 [the passing thereof], but rules, by-laws or orders so made or issued shall not take effect till the commencement of the Act. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. The words "the passing thereof" were substituted for the words "the day on which it is first published in the Bombay Government Gazette after having received the assent of the Governor-General and "the Act has been published as aforesaid", respectively, by the Adaptation of Indian Laws Order in Council. 4. The words "the passing thereof" were substituted for the words "the day on which it is first published in the Bombay Government Gazette after having received the assent of the Governor-General and "the Act has been published as aforesaid", respectively, by the Adaptation of Indian Laws Order in Council. --- Section 23. Section 23.Publication of orders and notifications in the Official Gazette to be deemed to be due publication. --- Where, in any Bombay Act 1 [or Maharashtra Act], or in any rule passed under any such Act, it is directed that any order, notification or other matter shall be notified or published, then such notification or publication shall, unless the enactment or rule otherwise provides, be deemed to be duly made if it is published in the 2 [ Official Gazette ]. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. The words " Official Gazette " were substituted for the words " Bombay Government Gazette " by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 24. Section 24.Provisions applicable to making of rules or by-laws after previous publication. --- Where, by any Bombay Act 1 [or Maharashtra Act], a power to make rules or by-laws is expressed to be given subject to the condition of the rules or by-laws being made after previous publication, then the following provisions shall apply, namely :- ( a ) the authority having power to make the rules or by-laws shall, before making them, publish a draft of the proposed rules or by-laws for the information of persons likely to be affected thereby; (b) the publication shall be made in such manner as that authority deems to be sufficient or, if the condition with respect to previous publication so requires, in such manner as the 2 [Central Government, or as the case may be, the 3 [State] Government] prescribes; ( c ) there shall be published with the draft, a notice specifying a date on or after which the draft will be taken into consideration ; ( d ) the authority having power to make the rules or by-laws, and, where the rules or by-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or by-laws from any person with respect to the draft before the date so specified; ( e ) the publication in the 4 [Official Gazette] of a rule or by-law purporting to have been made in exercise of a power to make rules or by-laws after previous publication shall be conclusive proof that the rule or by-law has been duly made. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. The words "Central Government or as the case may be, the Provincial Government", were substituted for the word "Local Government", by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 4. The words " Official Gazette " were substituted for the words " Bombay Government Gazette " by the Adaptation of Indian Laws Order in Council. --- Section 25. Section 25.Continuation of orders, etc., issued under enactments repealed and re-enacted. --- Where any enactment is, after the commencement of this Act, repealed and re-enacted by a Bombay Act 1 [or Maharashtra Act] with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, by-law or form made or issued under the repealed enactment shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, rule, by-law or form made or issued under the provisions so re-enacted. [Footnotes] 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 26. Section 26.Recovery of fines. --- Sections 63 to 70 of the 1 Indian Penal Code, and the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines, shall apply to all fines imposed under any Bombay Act 2 [or Maharashtra Act], or any rule or by-law made under any Bombay Act 3 [or Maharashtra Act], unless the Act, rule or by-law contains an express provision to the contrary. [Footnotes] 1. Central Acts. 2. These words were inserted by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. These words were inserted by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 27. Section 27.Provision as to offences punishable under two or more enactments. --- Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence. --- Section 28. Section 28.Meaning of service by post. --- Where any Bombay Act 1 [or Maharashtra Act] made after the commencement of this Act authorizes or requires any document to be served by post whether the expression "serve" or either of the expressions "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, prepaying 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. [Footnotes] 1. These words were inserted by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 29. Section 29.Citation of enactments. --- ( 1 ) In any Bombay Act 1 [or Maharashtra Act], and in any rule, by-law, instrument or document made under, or with reference to, any Bombay Act 2 [or Maharashtra Act] any enactment may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the section or sub-section of the enactment in which the provision is contained. ( 2 ) In this Act, and in any Bombay Act 3 [or Maharashtra Act] made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or reference to as forming the beginning and as forming the end of the portion comprised in description or citation. [Footnotes] 1. These words were inserted by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. These words were inserted by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. These words were inserted by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. --- Section 30. Section 30.Saving for previous Act, rules and by-laws. --- Where any Act, rule or by-law made after the commencement of this Act continues or amends any Acts, rules or by-laws made before the commencement of this Act, the foregoing sections of this Act shall not by reasons merely of such continuance or amendment affect the construction of such Acts, rules or by-laws. --- Section 31. Section 31.Application of Act to Ordinances and Regulations. --- 1 [31. Application of Act to Ordinances and Regulations. - The provisions of this Act shall apply- ( a ) in relation to any Ordinance promulgated by the 2 [Governor of Bombay] under section 88 of the Government of India Act, 1935, as they apply in relation to Bombay Acts made under the said Act by the Governor and in relation to any Regulation made by the Governor under section 92 of the said Act as they apply in relation to Bombay Acts made by the Provincial Legislature, and (b) in relation to any Ordinance promulgated by the Governor under article 213 of the Constitution or any Regulation made by the Governor under paragraph 5 of the Fifth Schedule to the Constitution, as they apply in relation to Bombay Acts 3 [or Maharashtra Acts] made by the State Legislature : Provided that clause ( ii ) of sub-section ( 1 ) of section 5 of this Act shall apply to any Ordinance referred to in clause (b) as if for the reference in said clause ( ii ) to the day of the first publication of the assent to an Act in the Official Gazette there were substituted a reference to the day of the first publication of the Ordinance in that Gazette ]. [Footnotes] 1. Section 31 was substituted by the Adaptation of Laws Order, 1950. 2. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. These words were inserted by Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.