The Telangana General Clauses Act, 1891

THE TELANGANA GENERAL CLAUSES ACT, 1891. (ACT NO.I OF 1891.) ARRANGEMENT OF SECTIONS Sections 1. Short title and commencement. 2. Saving clause. CHAPTER - I. DEFINITIONS. 3. Definitions. CHAPTER - II. GENERAL PROVISIONS APPLICABLE TO FUTURE ACTS. 4. Application of Chapter II to all future Acts. 5. Commencement of future Acts. 6. Making of rules and issue of orders between passing and Commencement of Act. 7. Provisions regulating the making of rules after previous publication. 8. Effect of repealing an Act. 8-A. Effect of repeal of Act making textual amendment in previous Act. 9. Revival of repealed enactments. 10. Expressions used in rules, bye-laws and orders to have same meaning as in Act under which they are made or issued. 11. Necessary extension of prescribed periods. 2 [Act No. I of 1891] CHAPTER - III. GENERAL PROVISIONS APPLICABLE TO ALL ACTS. 12. Application of Chapter III to all Acts. 13. When powers and duties to be exercised and performed. 14. Exercise of power and performance of duty by temporary holder of office. 15. Revocation and alteration of rules, bye-laws and orders. 16. Duty leviable pro rata. 17. Mode of conferring powers and imposing duties. 18. References to provisions in Acts repealed and re- enacted. 19. Recovery of fines. 20. Punishment for offences under more than one enactment. 21. Publication of orders and notifications in the Official Gazette. 22. Determination of the times at which Acts or provisions of Acts extended or applied by Government to certain places shall come into force. CHAPTER - IV. APPLICATION TO ORDINANCES AND REGULATIONS. 23. Application of Act to Regulations and Ordinances. THE TELANGANA GENERAL CLAUSES ACT, 1891.1 ACT No.I of 1891. 1. (a) This Act may be called 2[the Telangana General Short title. Clauses Act, 1891]; and (b) It shall come into force on the first day of January, Commencement. 1892. 2. Notwithstanding anything contained in the Andhra Saving clause. Pradesh (Andhra Area) General Clauses Act, 1867, the provisions of that Act shall not apply to this Act or to any Act of the State of 2[Telangana] which may be passed subsequent to the commencement of this Act. CHAPTER - I. DEFINITIONS. 3. In this Act and in every Act of the State of 2[Telangana] Definitions. made after the commencement of this Act, unless there be something repugnant in the subject or context,- (1) “abet”, with its grammatical variations and cognate “Abet” expressions, shall have the same meaning as in the Indian Penal Code; 1. The Andhra Pradesh General Clauses Act, 1891 received the assent of the Governor on the 3rd April, 1891 and of the Governor General on the 14th May, 1891. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2 [Act No.I of 1891] 3[(1-a) “Andhra area” shall mean the territories of the State of Telangana, which immediately before the 1st November, 1956, were comprised in the State of Andhra; (1-b) “Act of the State of Telangana” shall mean,- (i) an Act made by the Governor of Fort St. George in Council under the Indian Councils Acts, 1861 to 1909 or any of those Acts or the Government of India Act, 1915, or by the Local Legislature or the Governor of the Presidency of Madras under the Government of India Act, or by the Provincial Legislature of Madras under the Government of India Act, 1935, or by the Legislature of the State of Madras under the Constitution immediately before the 1st October, 1953; (ii) an Act made by the Legislature of the State of Andhra; (iii) an Act made by the Legislature of the State of 4Telangana; (iv) a Central Act of local application in force immediately before the 1st November, 1956 in the Andhra area; (v) a Regulation of the Madras Code in force immediately before the 1st November, 1956 in the Andhra area;] “Barrister” (2) “barrister” shall mean a barrister of England or Ireland or a member of the Faculty of Advocates in Scotland; 3. Clauses (1-a) and (1-b) substituted by Act No.IX of 1961. 4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No.I of 1891] 3 5[(3) [XXX]] (4) “Chapter”, “part”, “section”, and “schedule” shaII “Chapter” mean, respectively a Chapter, part and section of and “Part” schedule to, the Act in which the word occurs; “Section” and “Schedule”. 6[(5) [XXX]] (6) “Collector” shall include every officer who, for the “Collector” time being, is authorized to exercise the powers of a Collector; (7) “commencement”, used with reference to an Act, “Commence- shall mean the time at which the Act comes into force; ment” (8) “District Collector” shall mean the chief local officer “District Collector” in charge of the revenue administration of a district; (9) “document” shall mean any matter expressed or “Document” described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter; (10) “financial year” shall mean the year commencing “Financial year” on the first day of April; (11) nothing is said to be done or believed in “good “Good faith” faith” which is done or believed without due care and attention; 7[(12) [XXX]] 5. Clause (3) omitted by the Adaptation of Laws Order, 1937. 6. Clause (5) omitted by Act No.IX of 1961. 7. Clause (12) omitted by the Adaptation of Laws Order, 1937. 4 [Act No.I of 1891] 8[(13) [XXX]] (14) “immovable property” shall include land, benefits “Immovable property” to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth; “Imprisonment” (15) “imprisonment” shall mean imprisonment of either description as defined in the Indian Penal Code; 9[(15-A) [XXX]] “Judicial (16) “judicial proceeding” shall mean any proceeding Proceeding” in the course of which evidence is, or may be, legally taken; “Local Authority” (17) “local authority” shall mean a Municipal Committee, District Board, body of Port Commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund; 10[(17-A) [XXX]] “Magistrate” (18) “Magistrate” shall mean any person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 188211; “Movable (19) “movable property” shall mean property of every Property” description except immovable property; 8. Clause (13) omitted by the Adaptation of Laws (Amendment) Order, 1950. 9. Clause (15-A) omitted by the Adaptation of Laws Order, 1937. 10. Clause (17-A) omitted by Act No.IX of 1961. 11. See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). [Act No.I of 1891] 5 (20) “oath”, “swear” and “affidavit” shall include “oath”, affirmation and declaration in the case of persons by law “swear” allowed to affirm or declare instead of swearing; and “affidavit” (21) “offence” shall mean any act or omission made “Offence” punishable by any law for the time being in force; (22) “person” shall include any company or association “Person” of individuals, whether incorporated or not; (23) “place” includes also a house, building, tent and “Place” vessel; 12[(24) [XXX]] 13[(25) [XXX]] (26) “public” includes any class of the public or any “Public” community; (27) “public nuisance” shall have the meaning “Public Nuisance” assigned to that expression in section 268 of the Indian Penal Code; 14[(28) “registered” used with reference to a document, “Registered” shall mean registered in 15[India] under the law for the time being in force for the registration of documents;] (29) “sign”, with its grammatical variations and cognate “Sign” expressions, shall with reference to a person who is unable 12. Clause (24) omitted by the Adaptation of Laws Order, 1937. 13. Clause (25) omitted by Act No.IX of 1961. 14. This clause substituted by Adaptation of Laws (Amendment) Order, 1950. 15. Substituted for the words and letters “a Part A State or a Part C State” by the Andhra Adaptation of Laws Order, 1957. 6 [Act No.I of 1891] to write his name include “mark” with its grammatical variations and cognate expressions; (30) in the case of any one whose personal law permits “Son and father” adoption, “son” shall include an adopted son, and “father” an adoptive father; 16[(30-a) “State” shall mean,- (i) the whole of the State of 17Telangana in the case of an Act which extends to the whole of the said State; and (ii) the Andhra area in the case of an Act which extends only to that area;] “Sub-section” (31) “sub-section” shall mean a sub-section of the section in which the word occurs; “Value” (32) “Value”, used with reference to a suit, shall mean the amount or value of the subject-matter of the suit, computed according the law for the time being in force regulating the valuation of suits for purposes of jurisdiction; “Will” (33) “will” shall include a codicil and every writing making a voluntary posthumous distribution of property; “Gender” (34) words importing the masculine gender shall include females; “Number” (35) words in the singular shall include the plural, and words in the plural shall include in the singular; “Illegal omissions” (36) words which refer to acts done extend also to illegal omissions; 16. Clause (30-a) inserted by Act No.IX of 1961. 17. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No.I of 1891] 7 (37) “writing” with its grammatical variations and “Writing” cognate expressions, shall include „printing‟ „lithography‟, “photography”, with their grammatical variations and cognate expressions, and other modes of representing or reproducing words in a visible form; (38) “year” and “month” shall, respectively, mean a “Year and month” year and month reckoned according to the British calendar. 18[3-A. [XXX]] CHAPTER - II. GENERAL PROVISIONS APPLICABLE TO FUTURE ACTS. 4. This Chapter shall apply to all 19[Acts of the State of Application of 20Telangana] made after the commencement of this Act, Chapter II to all future Acts. unless a contrary intention appears in such Acts. 21[5. 22[(1) Where any Act to which this Chapter applies is Commencement not expressed to come into operation on a particular day, of future Acts. then, it shall come into operation on the day on which the assent thereto of the Governor, the Governor General or the President, as the case may require, is first published in the Official Gazette.] (2) In every such Act the date of such publication as aforesaid shall be printed either above or below the title of the Act and shall form part of the Act.] 18. Section 3-A omitted by Act No.IX of 1961. 19. Substituted by Act No.IX of 1961. 20. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 21. This section was substituted for the original section by the Adaptation of Laws Order, 1937. 22. Sub-section (1) substituted by the Adaptation of Laws (Amendment) Order, 1950. 8 [Act No.I of 1891] Making of rules 6. Where, by an Act to which this Chapter applies and and issue of which is not to come into force immediately on the passing orders between thereof, a power is conferred on Government or other passing and authority to make rules, or to issue orders, with respect to Commencement of Act. the application of the Act, or with respect to the appointment of any officer thereunder, such power may be exercised at any time after the passing of the Act but rules or orders so made or issued shall not take effect till the commencement of the Act. Provisions 7. Where, by an Act to which this Chapter applies, a regulating the power to make rules is expressed to be given, subject to the making of rules condition of the rules being made after previous publication, after previous publication. the following provisions shall apply, namely:- Publication of (a) the authority having the power to make the rules draft rules. shall, before making them, publish a draft of the proposed rules; (b) the publication shall be made in such manner as Manner of publication. that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the 23[Central Government or, as the case may be, the 24[State] Government] prescribes; Notice to (c) there shall be published with the draft a notice accompany draft specifying a date at or after which the draft will be taken into rules. consideration; Consideration of (d) the authority having power to make the rules, and, suggestion in where the rules are to be made with the sanction, approval regard to draft or concurrence of another authority, that authority also, shall rules. consider any objection or suggestion which may be 23. These words were substituted for the word “Government” by the Adaptation of Laws Order, 1937. 24. “State” substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. [Act No.I of 1891] 9 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 25[Official Gazette] of a rule Publication to be purporting to have been made in exercise of a power to proof of due make rules after previous publication, shall be conclusive making of rules. proof that the rule has been duly made. 8. Where any Act, to which this Chapter applies, repeals Effect of repealing any other enactment, then the repeal shall not,- an Act. (a) affect anything done or any offence committed, or any fine or penalty incurred or any proceedings begun before the commencement of the repealing Act; 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 enactment so repealed or anything duly done or suffered under any enactment so repealed; or (d) affect, any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (e) affect any fine, penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (f) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, fine, penalty, forfeiture or punishment as aforesaid; and any 25. These words were substituted for the words “Fort St.George Gazette” by the Adaptation of Laws Order, 1937. 10 [Act No.I of 1891] such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such fine, penalty, forfeiture or punishment may be imposed as if the repealing Act had not been passed. Effect of repeal of 26[8-A. Where any Act to which this Chapter applies, repeals Act making textual any enactment by which the text of any previous enactment amendment in was amended by the express omission, insertion or previous Act. 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.] Revival of 9. In any Act to which this Chapter applies,- repealed enactments. (a) for the purpose of reviving, either wholly or partially, an Act or Regulation, wholly or partially repealed, it shall be necessary expressly to state such purpose; Commencement (b) for the purpose of excluding the first in a series of of term. days or any other period of time, it shall be sufficient to use the word “from”; Termination of (c) for the purpose of including the last in a series of term. days or any other period of time, it shall be sufficient to use the word “to”; Application to (d) for the purpose of expressing that a law relative to subordinates of the chief or superior of an office shall apply to the deputies law relating to or subordinates lawfully executing the duties of such office official superiors. in the place of their superior it shall be sufficient to prescribe the duty of the superior; 26. Section 8-A was inserted by the Madras General Clauses (Amendment) Act 1936 (Madras Act IV of 1937). [Act No.I of 1891] 11 (e) for the purpose of indicating the relation of a law to Application of law the successors of any functionaries, or of corporations to successors of functionaries and having perpetual succession, it shall be sufficient to express corporations. its relation to the functionaries or corporations; and (f) for the purpose of indicating the application of a law Application of law to every person or number of persons for the time being to persons for executing the functions of an office, it shall be sufficient to time being filling an office. mention the official title of the officer at present executing such functions, or that of the officer by whom the functions are commonly executed. 10. Where an Act, to which this Chapter applies, confers Expressions used power to make rules or bye-laws or to issue orders, in rules, bye-laws and orders to expressions used in such rules, bye-laws or orders, have the have same same respective meanings as in the Act conferring the meaning as in Act power. under which they are made or issued. 11. Where, by an Act to which this Chapter applies, any act Necessary or proceeding is directed or allowed to be done or taken in extension of prescribed a Court or office on a certain day or within a prescribed periods. period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceedings 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. This section does not apply to any act or proceeding to which 27[the Indian Limitation Act, 1908] applies. 27. Substituted by Act No.IX of 1961. 12 [Act No.I of 1891] CHAPTER - III. GENERAL PROVISIONS APPLICABLE TO ALL ACTS. Application of 12. This Chapter shall apply to all 28[Acts of the State of Chapter III to all 29Telangana] unless a contrary intention appears in any Acts. such Act, but it shall not affect anything done or commenced prior to the commencement of this Act under any enactment now in force. When powers and 13. Where an Act confers a power or imposes a duty, then duties to be the power may be exercised and the duty shall be exercised and performed from time to time as occasion requires. performed. Exercise of power 14. Where an Act confers a power or imposes a duty on and performance the holder of an office, as such, then the power may be of duty by exercised and the duty shall be performed by the holder for temporary holder the time being of the office. of office. Revocation and 15. Where an Act confers a power to make any rules or alteration of rules, bye-laws, or to issue orders, the power shall be construed bye-laws and as including a power exercisable in the like manner and orders. subject to the like consent and conditions, if any, to rescind, revoke, amend or vary the rules, bye-laws or orders. Duty leviable pro 16. Whenever by an Act any duty of customs or excise or rata. in the nature thereof is leviable on any given quantity, by weight, measure or value, of any goods or merchandise, a like duty shall be leviable according to the same rate on any greater or less quantity. Mode of 17. Whenever by an Act authority is given to confer powers conferring powers or impose duties, such powers may be conferred or duties and imposing imposed by name or by office or on classes of officials duties. generaIIy by their official titles. 28. Substituted by Act No.IX of 1961. 29. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No.I of 1891] 13 18. Where an Act repeals and re-enacts, with or without References to modification, aII or any of the provisions of a former Act, provisions in Acts references in any other Act to the provisions so repealed repealed and re- enacted. shall be construed as references to the provisions so re- enacted, and if notifications have been published, proclamations or certificates issued, powers conferred, forms prescribed, local limits defined, offices established, orders, rules and appointments made, engagements entered into, licences or permits granted, and other things duly done, under the provisions so repealed, the same shall be deemed, so far as the same are consistent with the provisions so re-enacted, to have been respectively published, issued, conferred, prescribed, defined, established, made, entered into, granted or done under the provisions so re-enacted. 19. The provisions of sections 63, 68, 69 and 70 of the Recovery of fines. Indian Penal Code shall apply to all fines imposed under the Central Act 45 of 1860. authority of any Act. 20. Where an act or omission constitutes an offence under Punishment for two or more enactments, the offender shall be liable to be offences under more than one prosecuted and punished under either or any of those enactment. enactments, but shall not be liable to be punished twice for the same act or omission. 21. Where in any Act, or in any rule passed under any Act, Publication of it is directed that any order, notification or other matter shall orders and notifications in the be notified or published, such notification or publication Official Gazette. shall, unless the Act otherwise provides, be deemed to be duly made if it is published in the 30[Official Gazette]. 30. These words were substituted for the words “Fort St.George Gazette” by the Adaptation of Laws Order, 1937. 14 [Act No.I of 1891] Determination of 22. When, by an Act any Government is empowered to the times at which extend or apply an Act or any provision of an Act to any Acts or provisions place in, or to any portion of, the 31[State] the Government of Acts extended may, in any order extending or applying such Act or or applied by Government to provision or in a subsequent order, notify the time at which certain places the same shall come into force in the place or portion of the shall come into 31[State] to which it is so extended or applied; and, unless it force. is otherwise provided in the Act, [the Government] may, by notification in the 32[Official Gazette] from time to time postpone the time at which the Act or provision shall come into force in such place or portion of the 31[State] or cancel the order for extending or applying the same to such place or portion of the 31[State]: Provided that no order postponing the time at which an Proviso. Act or provision shall come into force, or cancelling an order for extending or applying the same, shall be made after the Act or provision has actually come into force in the place or portion of the 31[State] to which such order relates. 33CHAPTER - IV. APPLICATION TO ORDINANCES AND REGULATIONS. Application of Act 34[23. The provisions of this Act shall apply,- to Regulations and Ordinances. (a) in relation to any Regulation made by the Governor under section 92 of the Government of India Act, 1935, in like manner as they apply in relation to 35[the Acts made by 31. The word “State” was substituted for “Province” by the Adaptation of Laws Order, 1950. 32. These words were substituted for the words “Fort St.George Gazette” by the Adaptation of Laws Order, 1937. 33. Chapter IV was inserted by Adaptation of Laws Order, 1937. 34. Substituted for the original section 23 by the Adaptation of Laws (Amendment) Order, 1950. 35. Substituted for the words “Madras Acts made by the Provincial Legislature” by Act No.IX of 1961). [Act No.I of 1891] 15 the Provincial Legislature referred to in item (i) of clause (1-b) of section 3]; and (b) in relation to any Ordinance promulgated by the Governor under article 213 of the Constitution or any Regulation made by him under paragraph 5 of the Fifth Schedule to the Constitution, in like manner as they apply in relation to 36[the Acts] made by the State Legislature: Provided that sub-section (1) of section 5 of this Act shall apply to any Ordinance referred to in clause (b) as if the reference in that sub-section to the day of the first publication of the assent to an Act in the Official Gazette were a reference instead to the day of the first publication of the Ordinance in that Gazette.] * * * 36. Substituted by Act No.IX of 1961.