The Telangana General Clauses Act, 1308 Fasli

THE TELANGANA GENERAL CLAUSES ACT, 1308 F. (ACT NO. III OF 1308 F.) ARRANGEMENT OF SECTIONS Sections PRELIMINARY 1. Short title, extent and commencement. 1-A. Application of Act. GENERAL DEFINITIONS. 2. Definitions. 2-A. Omitted. APPLICATION OF ACTS 3. Extent. 4. Construction of references to repealed enactments. 5. Commencement and termination of time. 6. Computation of time. 7. Measurement of distances. 8. Duty to be taken prorata in enactment. POWERS AND FUNCTIONARIES 9. Powers conferred shall be exercisable from time to time. 10. Power to appoint includes power to appoint ex- officio. 11. Exercise of powers in case of transfer from one office to another. 12. Power to appoint includes power to suspend or dismiss. 13. Substitution of functionaries. 2 [Act No. III of 1308 F.] 14. Successors. PROVISIONS AS TO ORDERS AND RULES MADE UNDER ENACTMENTS. 15. Power to make rules etc., includes power to add, vary or rescind them. 16. Making and issuing of rules etc., between passing and enforcement of enactments. 17. Provisions to make rules, etc., after previous publication. 18. Construction of orders, etc., issued under enactments. 19. Continuation of rules etc., issued under enactments repealed. MISCELLANEOUS 20. Recovery of fines. 21. Provision as to offences punishable under two or more enactments. 22. Citation of enactments. 23. Appeal against orders of punishment. THE TELANGANA GENERAL CLAUSES ACT, 1308 F.1 ACT No. III OF 1308 F. PRELIMINARY. 1. This Act may be called 2[the Telangana General Short title, extent Clauses Act, 1308 F.] and shall come into force at once in and commencement. 2[the whole of the State of Telangana]. 1-A. This Act shall apply to every Hyderabad law as defined Application of Act. in clause (1-a) of section 2. GENERAL DEFINITIONS. 2. In this Act and in all Hyderabad laws as defined in Definitions. clause (1-a), unless there is anything repugnant in the subject or context,– (1) “Constitution” means the Constitution of India; “Constitution”. (1-a) “Hyderabad law” means,- “Hyderabad law”. (i) an Act of the Legislature established for the pre- Reorganisation Hyderabad State by the Constitution, including an Act made under Article 385 thereof; (ii) an Act made before the commencement of the Constitution by the Legislative Council or the Legislative 1. The Andhra Pradesh (Telangana Area) General Clauses Act, 1308F. 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 (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016. 2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016. 2 [Act No.III of 1308 F.] Assembly in existence in the pre-Reorganisation Hyderabad State at the time of making of the Act; (iii) a Regulation including an Act made by H.E.H. the Nizam before the 18th day of September, 1948; and (iv) a Regulation made by H.E.H. the Nizam, the Military Governor or the Chief Minister of the pre- Reorganisation Hyderabad State on or after the said date but before the commencement of the Constitution; Explanation:- In this Act and in all Hyderabad laws whose authoritative text is in Urdu, the Urdu expression “Qanoon” shall be deemed to have the meaning assigned to “Hyderabad law” in this clause]; “Part” (2) the word “Part” when used with respect to any Act shall mean a part of the Act in which the word is used; “Chapter” (3) the word “Chapter” when used with respect to any Act shall mean a chapter of the Act in which the word is used; (4) the word “Section” when used with respect to any “Section” Act shall mean a section of the Act in which the word is used; “Sub-section” (5) the word “Sub-section” when used with respect to any section shall mean a sub-section of the section in which the word is used; “Schedule” (6) the word “Schedule” shall mean a Schedule to the Act in which the word is used; “Pre- (7) (i) “Pre-Reorganisation Hyderabad State” shall Reorganisation mean,- Hyderabad State” [Act No.III of 1308 F.] 3 (a) as respects any period before the commencement of the Constitution, the territory comprised in the Indian State of Hyderabad; (b) as respects any period after the commencement of the Constitution, the territories of the State of Hyderabad as specified in Part B of the First Schedule to the Constitution before the commencement of the States Central Act 37 of 1956. Reorganisation Act, 1956. Explanation.- In all Hyderabad laws whose authoritative text is in Urdu, any reference in Urdu to “Mumalik-i- Mahroosa-i-Sarkar-i-Aali” (H.E.H. the Nizam’s Dominions), and in all Hyderabad laws whose authoritative text is in English, any reference to “the Hyderabad State” or “the State of Hyderabad” shall be deemed to be references to the pre-Reorganisation Hyderabad State; (ii) Hyderabad area of the State of Andhra Pradesh Hyderabad area means the territories transferred from the pre- of the State of Andhra Pradesh. Reorganisation Hyderabad State to the State of Andhra Pradesh under section 3 of the States Reorganisation Act, Central Act 37 of 1956. 1956; (7-A) the word “Balda” shall mean the city of “Balda” Hyderabad and shall also include suburbs; (8) the word “district” shall also extend to the city and “District” suburbs; and the Board of Revenue, or any authority whom the Government may appoint shall exercise the powers of a District Collector for the city and suburbs; (9) “Government” means the State Government as “Government” defined in clause (60) of section 3 of the General Clauses Central Act 10 of 1897. Act, 1897. 4 [Act No.III of 1308 F.] Explanation:- In all Hyderabad laws whose authoritative text is in Urdu, any reference in Urdu to “Sarkar-i-Aali” shall be deemed to be a reference to Government; “Principal (10) “Principal Revenue Department” shall mean the Revenue Board of Revenue, or the department vested with powers of Department” the Board of Revenue, in reference to which the words “Principal Revenue Department” are used; (11) the words “Local Authority” shall mean a “Local Authority” municipal committee, local fund committee, or such other committee which may be entitled to expend and control any local income according to law; “Collector” (12) “Collector” means the Chief Officer in charge of the revenue administration of a district; Explanation:- ln all Hyderabad laws any reference to “Talukdar” or “Awal Talukdar” (first Talukdar), shall be deemed to be references to the Collector; “District Court” (13) “District Court” shall mean the principal Court of original jurisdiction in a district; “Magistrate” (14) “Magistrate” shall include every person exercising all or any of the powers of a Magistrate under the *Code of Central Act 5 of 1898. Criminal Procedure, 1898, for the time being in force; “Official Gazette” (15) “Official Gazette” means the Government Gazette which is published under the orders of the Government; Explanation.- In all Hyderabad laws, for the time being in force, any references to “Jarida” “Jarida Alamia” or “Jarida-Alamia Sarkar-i-Aali” shall be deemed to be references to the Official Gazette; * Now see the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). [Act No.III of 1308 F.] 5 (16) the word “Notification” shall mean a notification “Notification” published in the Official Gazette by a lawful order; (16-A) the word “Order” shall mean an order given by a “Order” Government servant in exercise of any power vested in him by law; (17) the word “Rule” shall mean a rule made in “Rule” accordance with the power conferred by any law; (17-A) the words “Government Servant” shall include “Government every person who receives a monthly pay or remuneration Servant” from the Government, or who receives any wages for Government work, or who does any Government work without wages; Explanation.- (1) Railway employees, members and servants of municipal committees shall also be considered as Government servants; Explanation.- (2) Wherever the expression “Government servant” occurs, it applies to every person who is virtually holding the office of a Government servant, whatever defect there might be in his right to hold that post; (17-B) the words “act of a Government servant” shall “Act of a mean an act which he may do in the official capacity; Government servant” (18) the words “Order of a Government servant” shall “Order of a mean only the order made by a Government servant in the Government exercise of his official powers virtually vested in him or which servant.” he believes in good faith to vest in him and has not been cancelled by any other order; (19) the word “power” means a legal power; “Power” 6 [Act No.III of 1308 F.] (19-A) the word “property” shall extend to both “Property” immovable and movable; “Immovable (20) the words “immovable property” shall include land property” rights of benefits arising out of land and all things attached to the earth, or permanently fastened to anything attached to the earth so long as it is thus attached or fastened; “Movable (21) the words “movable property” shall mean property property” of every description other than immovable property; “Goods” (21-A) the word “goods” shall not extend to immovable property; “Rupee” (22) “rupee” means a rupee in I. G. currency and fractional denominations of a rupee shall be construed accordingly; “Writing” (23) the word “writing” and the expressions including the word “writing” shall include impression of every kind and every mode by which words are represented on any material substance; “Signature” (24) the word “signature” and the expressions including the word “signature” shall, when used with respect to any person who is unable to write his name, include the mark of his seal, or any other “mark”; “Document” (25) the word “document” shall include any matter recorded in writing by such means as are intended to be used, or which may be used, for the purpose of recording that matter; (25-A) the words “valuable security” shall mean a “Valuable document which is or purports to be a document whereby security” any legal right is created, extended, transferred, restricted, extinguished, or released or whereby any person [Act No.III of 1308 F.] 7 acknowledges that he is legally liable or that a certain legal right does not belong to him; (25-B) the word “bond” shall also include a document “Bond” whereby a person promised to another to make payment of money on condition that, if a particular act is done or a particular act is not done, the said promise shall become void; (26) the word “will” shall include a codicil and every “Will” writing having a mention of a voluntary posthumous transfer or disposition of any property; (26-A) “registered” used with reference to a document, “Registered” shall mean, in relation to any period before the first day of November 1956, registered in the pre-Reorganisation Hyderabad State, and in relation to any period commencing on or after that day, registered in the area to which this Act extends; (27) the word “oath” shall include affirmation and every “Oath” declaration of the person by law allowed to affirm or declare instead of swearing; (28) the word “affidavit” means the statement made in “Affidavit” writing and certified by oath before an officer of a court or other authority; (29) The word “act” when used with respect to an “Act” offence or wrong for which a suit for damages can be instituted shall include a series of acts; and words which refer to acts done shall also extend to illegal omissions; (30) The word “offence” shall mean any act or “Offence” omission made punishable under any law by a Criminal Court; 8 [Act No.III of 1308 F.] (31) The word “abet” and its derivatives shall be used “Abet” in the same meaning as in the Indian Penal Code, 1860; Central Act 45 of 1860. “Illegal” (32) The word “illegal” applies to everything which is an offence or which is prohibited by law, or which forms a ground for a civil action; “Legally bound to (33) The words “legally bound to do” may be used in be” respect of a person when its omission by him is illegal; (34) The word “injury” means every kind of damage “Injury” illegally caused to any person in body, mind, reputation or goods; “Public nuisance” (35) The words “public nuisance” shall mean a public nuisance as defined in the lndian Penal Code, 1860; Central Act 45 of 1860. “An act to be (36) An act shall be deemed “to be done in good faith” done in good also in the case where it is in fact done in good faith even faith” though it is done negligently; “Imprisonment” (37) The word “imprisonment” shall include both rigorous imprisonment and simple imprisonment; Financial Year, (38) “Financial Year”, “month” and “year” shall have month and year. the meaning respectively assigned to them in clauses (21), (35) and (66) of section 3 of the General Clauses Act, 1897 (Central Act 10 of 1897); 3[(39) [XXX]] “Singular and (40) The words importing the singular number shall plural” also extend to the plural number; 3. Clause (39) was omitted by the A.P Adaptation of Laws Order, 1957. [Act No.III of 1308 F.] 9 (41) The words importing the masculine gender shall “Masculine and also extend to the feminine gender; feminine” (42) The word “public” extends to every community of “Public” public or class of people; (43) The word “person” shall include any company or “Person” association or body of persons, whether incorporated or not; (43-A) The word “minor” means a person the “Minor” eighteenth year of whose age has not been completed; (44) The word “father” shall include every such person “Father” in whose personal law adoption is permitted and who has adopted; (45) The word “son” shall include every such person in “Son” whose personal law adoption is permitted and who has been adopted; (45-A) The word “cattle” shall include elephant, camel, “Cattle” bullock, buffalo, horse, pony, mule, ass, pig, ram and goat; (46) The word “vessel” shall include every ship or boat, “Vessel” or other description of vessels which may be used in navigation; 4[2-A. [XXX]]. 4. Section 2-A was omitted by the A.P Adaptation of Laws Order, 1957. 10 [Act No.III of 1308 F.] APPLICATION OF ACTS. “EExxtetennt t” 3. Unless a different intention appears,- (1) every Act shall extend to the whole of the area to which this Act extends; Coming into (2) every Act shall come into operation after one month operation of Acts. from the date of publication thereof in the Official Gazette; Repeal. (3) when an Act comes into operation all those enactments and parts of enactments shall be repealed the subject of which has been merely repeated in, or is absolutely contradictory to that Act; Repeal shall not (4) by a repeal of any Act the enactments and orders revive enactment. which might have been repealed thereby shall not come into operation; Effect of repeal. (5) a repeal of any Act shall not affect,- (a) the previous operation of any repealed enactment or anything established by that enactment or duly done; or (b) any right, privilege, obligation or liability accrued or incurred under any repealed enactment; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any repealed enactment; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy shall be instituted, continued or enforced, and any [Act No.III of 1308 F.] 11 such penalty forfeiture or punishment shall be so imposed as if the enactment had not been repealed. 4. Where any provision of an Act is repealed and it is re- Construction of enacted in the repealing Act without any change in the references to repealed objective, the references in any other enactment or enactments. instrument in respect of the provision so repealed shall, (unless a different intention appears) be the reference in respect of the provision so re-enacted. 5. (1) If any period of 5[time] is mentioned the day from Commencement and termination of which it is stated to commence shall not be included in the time. time but the day upto which it is stated to last shall be included therein; (2) If any amount or quantity is mentioned, it shall include the highest limit expressed therein. 6. Where, by any Act, an act or proceeding is done, or Computation of allowed in any Court or office on a certain date or within a time. prescribed period, then, if the said Court or Office is closed on that date or on the last day of the prescribed period, the act or proceeding shall be considered as done or taken on the due date or in due time if it is done on the day on which the said Court or Office is open. 7. Measurement of a distance for the purposes of any Act Measurement of distances. shall, unless a different intention appears, be made in a straight line on a plane. 8. Where, by any Act, any duty of excise or in the nature Duty to be taken prorata in thereof is leviable on a certain quantity, by weight, measure enactment. or value, of grains or marchandise then a like duty shall, unless a different intention appears, be leviable at the same rate in proportion to the quantity. 5. As amended by Act No.VI of 1310 F. 12 [Act No.III of 1308 F.] POWERS AND FUNCTIONARIES Powers conferred 9. Where, by any Act, any power is conferred, that power shall be may be exercised from time to time as occasion requires. exercisable from time to time. Power to appoint 10. Where, by any Act, a power to confer any authority or includes power to to make an appointment to fill any office or execute any appoint ex-officio. function is conferred, then, unless it is otherwise expressly provided, such authority may be given, or such appointment may be made, either by name or by virtue of office; and every such authority or appointment shall take effect from the date on which intimation thereof reaches the person appointed and, where the appointment is made by notification in the Official Gazette from the date of its publication in the Official Gazette; Explanation:- The power to confer authority includes the power to cancel or modify authority conferred. Exercise of 11. When any Government servant is invested with powers powers in case of within an area or land, and is transferred to any other office transfer from one of a like nature either equal to, or higher than the office office to another. aforesaid, then unless it is otherwise directed, the said person may exercise the same powers in the area of land to which he is transferred. Power to appoint 12. Where, by any Act, a power to make any appointment includes power to is conferred on any officer, then, unless it is otherwise suspend or expressly provided, he shall also have power to suspend or dismiss. dismiss any person appointed in exercise of that power. Substitution of 13. In any Act, it shall be sufficient, for the purpose of functionaries. indicating that a law relates to every person or persons for the time being exercising the powers in an office, to mention the designation of the officer at the time or generally exercising the said powers. [Act No.III of 1308 F.] 13 14. The law which applies to any officer shall also apply to Successors. the successors of that officer and such of his deputies and subordinates as may be lawfully discharging the duties of that officer. PROVISIONS AS TO ORDERS AND RULES MADE UNDER ENACTMENTS. 15. Where, by any Act, a power to make orders, rules or Power to make rules etc., forms is conferred, then, such power shall be exercised in includes power to accordance with the provisions of that Act, and the rules add, vary or made shall be published in the Official Gazette and, on the rescind them. publication, shall have the force of law; and the aforesaid powers shall also include the power to add, to vary or rescind the orders, rules or forms made thereunder in such manner and subject to such restrictions and conditions as may be laid down in that Act. 16. Where, by any Act, which is not to come into operation Making and immediately on the passing thereof, a power is conferred to issuing of rules etc., between make rules or to issue orders with respect to the application passing and of the relevant Act, or with respect to the appointment of any enforcement of Judge or officer or with respect to the establishment of a enactments. Court or officer, 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 any time after the passing of the Act; but rules, or orders so made and issued shall not take effect till the commencement of the Act. 17. Where, by any Act, a power to make rules is given Provisions to make rules, etc., subject to the condition of the rules being made after after previous previous publication, then, unless a contrary intention publication. appears, the following provisions shall apply:- 14 [Act No.III of 1308 F.] (1) the authority having power to make the rules shall, before finally making them, publish a draft of the proposed rules in the Official Gazette; (2) there shall be published with the draft a notification for a date after which the draft will be taken into consideration; and that date shall not be within one month from the date of publication of the notification; (3) the authority having power to make the rules, and where the rules are to be made with the sanction, approval or concurrence of another authority, that another authority also, shall consider any objections and opinions which may be received by the authority having power to make the rules from any person with respect to the draft before that date fixed; but no person shall be allowed to make an objection to the effect that a certain objection or opinion has not been considered. Construction of 18. Where, by any Act, a power to issue orders, rules or orders, etc., forms is conferred, then expressions in such orders, rules or issued under forms shall, unless there is anything repugnant in the enactments. subject or context, be taken to have the same meanings as in the Act. Continuation of 19. Where any Act is repealed and is enforced as a new rules etc., issued Act with or without modification, then, unless it is otherwise under enactments expressly provided, any order, rule or form issued under the repealed. repealed Act shall, so far as it is not inconsistent with the provisions of the new Act, continue in force, and be deemed to have been issued thereunder, unless and until it is repealed by any order, rule, form or procedure issued under the new Act. [Act No.III of 1308 F.] 15 MISCELLANEOUS 20. The provisions of the Indian Penal Code, 1860 and the Recovery of fines. Code of Criminal Procedure, 1898 relating to fines shall Central Act 45 of 1860. apply to all fines imposed under any Act or rule, unless the Act or rule contains an express provision to the contrary. Central Act 5 of 1898. 21. Where an act is an offence under two or more Acts, the Provision as to offender shall be liable to be punished under any of those offences punishable under Acts; but shall not be liable to be punished separately under two or more the two Acts for the same offence. enactments. 22. (1) Where any Act is to be cited, it may be cited with its Citation of short title or its number and year. enactments. (2) When a certain provision of an Act is cited, it may be cited by reference to the section and sub-section in which the provision is contained. (3) Where any portion of an Act is cited, the citation shall, unless a contrary intention appears, be deemed to include the words in the beginning and end of that portion. 23. Appeal against orders of punishment passed by the Appeal against orders of Court or departmentally shall unless it is otherwise provided, punishment. lie to the department immediately superior to the department imposing the punishment. * * *