NYAYA SIGNAL
Chandigarh · 1898 · Bare Act
The Punjab General Clauses Act, 1898
1898: Ph, Act 1] GENERAL CLAUSES 67
THE PUNJAB GEN]GHJ\L CLAUSES ACT, 1808
CONTENTS. o . ov. v o2 1
. PRELIMINARY
Srcrrons, e :
1. Short title and commensement. ~ . .
Guenar, Dermrmions
. Definitions, T
3. Coming inte operation of enactments.
Gexenal Runes or CoNsTRUCTION.
4, Effert of repeal
.5 Repeal of Aet making textual amendment in the Act
5. Nevival of repealed enactments.
8. Construction of references to repealed enactments,
7. Commencement and termination of time.
. Computation of time.
. Measurement of distances.
10, Duty to be tuken pro rate in enactments.
11. Gender and number.
Powins anp ["UNCIIONARIES
12. Powers conferved ou the Government to be exercisabl.
from time to time.
15, Power to appcfiut to include power to appeint ex-officic.
14, Power to appoint to include power to suspend or dismiss.
15, Substitution of functionaries.
1€. Successors.
Provisiors as 170 ORDERs, HULES, ETC, MADE UMDER
17. Official chiefs and subordinates.
INACTMENTS
18. Construction of orders, ete., issued under enactments.
19. Power to make to include power to add te, amend, vary
or rescind. arders, rules or hye-laws.
2. Making of rules or byelawg and issuing of orders
between passing and commencement of enactment.
21. Pravisions applicable o making of rules or bye-laws
after previous publication.
22, Continuation of orders, etc, issued under enactments
repealed and re-enactec.
168 cexeran cLavses [1898:Ph, Acty
MISCELLANEOUS
Recovery of fines. :
Proyision as to offences punishable under two or more
enactments.
Meaning of service by post.
Citation of enactments.
Application to Ordinances and regulations under the
Government of India Act. 1835.
1898: Pb, Act I] GENERAL CLAUSES 169
'THE PUNJAB GENERAL CLAUSES ACT, 1393.
+ Punsas Act I oF 1898,
[11th May, 1898, 15th July, 1898.]
T S == »
s e ~ Erow it Whether renesled or otherwiss
Year | No. | hart t l “affeeted by legiclation
|
1838 ! 1 | The Punisb Gemeral #.lr;fflélm» Punjab Act VI of
Claneze Act, 1898 Smendment, Gavarnm £1adls
{Adantation of Lawe)
| Ozder, 1937
| amendel by Esst Prnjab Act,
] ¥Lof 15482
The Tndian Imd.-pe:.{e:s‘
| | | “(Adaptation of TPangal ~—oani
| Byunjab Acts) Order, 1842
| The Adaptatien of Laws Order,
1950
| The Adaptetion of Laws (Third
s mendment) Order, 1351,
od by the Tenjsb Reorganies
(Cra=digah) (hdaptation of
Taws on State and Coscurment
Subjaets) Order, 1958,
Ay Act to shorten the lenguage of Acts and Jor other
masiers.
WHEEREAS it is expedient to shorten the language
used in ‘[Funjab Acts] and to make certain provisions
for the construction of, and other matiers relating to,
such Aeic; it i heveby enacted as follows 1=
PRELIMINARY
1. (D Thiz Act may be called the Punjab
General Clauses Act, 180C; and -
:For Statemont of Objectc and Reazen: sec Punieb Gopette, 1897,
Bt V, page 14; for Report of the Salect Committee, see thid, 1808,
P V-4, page i for B i in Couscil, sce ibid, 1897, Pt VL
page 4, and 1895, P VI page )
“Far Siziemest of Obocts and Reasons, sce Dest Pumjed Gozefte,
1848, Extroordinary, page 331 PP ; and fer nroceedings in Assembly
;e Ea;é" (b Tageistive Asembly Debiws, 1088, Velume II,
ges A
SSubstituted for the wozds “Acts made by ths Lisutensnt-Governor
sf the Purizb in Courcil” b the Adsptation of Laws (Third Amend-
=amt) Ordes, 1051 .
mot title and
Commpnoent.
o cpsiiaL cLAUSES [1898: Ph, Act 1
(2) It shs ; It shall come into force at once.
GENERAL DETINITIONS.
s 2, In this Act and in '[all Punjab Acts] e 2w 0
c:nf;;tjflem is anything repugnant in the subject or
(1) “abet”, with its grammatical variations and .,
meaning as 155, *
Abet,
cognate expressions, shall have the same
in the Indian Penal Code :
Auvt . (@) Yact”, used with reference to an offence or a
civil wrong, shall include a serieg of acts, and words
which refer to acts done extend also to illegal omis-
sionsg :
AfAdavit. _(3) “ailidavit” shall include affirmation and decla-
" ration in the case of persong by law allowed to affirm or
Razriet. declare instead of swearing @
(4) “harrister” shall mean a barrister of England
or Ireland or member of the Faculty of Advocates in
Scotland :
(5) o v ¥ & ¥ ¥
Briti. ponses: (6) “British possession”’ shall mean any part of
B8 Her Majesty's Dominions, exclusive of the United
Kingdom, and where parts of those Dominions are
under both a central and a local Legislature, all parts
under the central Legislature shall, for the purposes of
this definition, be deemed to be one British possession:
¢hall mean a Chapter of the Punjab
ich the word occurs :
Lieutenant=-Governdr
1Substituted for the words “all Acts of the L =~
cil” by the Government of India (Adaptation
of the Punjab in Coun
Indisn Laws) Order, 1937,
sThe words “ang East Puajab Aete” inserted by the
A mpiation of Benzal and Puniab Acts) Order, 1946
O the # 3 tz‘.-‘ni’ Laws (Third Amendment) Order,
pendencs
;
te<] by the Adnaptatli
o was omitted by the Govern=
were omit
1951.
#The words “definition of Britigh Indi
ment ol‘el‘;d.ja (Adeptation of Indian Laws) Order, 1037
ial
Indepen=
#The +words *or East Punjal Act"” inserted by the Indifml o e
de (Acaptation of Bengal 2nd Punjab Acts) Order, o3,
denee | CAcp e e tion of Laws (Third Amendmest Order, 1
' (7) “chapter” Chapter.
Act °[* * *] inwh
Indian Inde-
18982 Py, Act I] GENERAL CLAUSES
l‘SJh:fl.g&-gt
* shall mean the chief officer-in- conestor.
administration of a district and
Commissioner
(%) “collector’
charge of the revenue-
shall include a Deputy
“[(10) “colony™
(a) in any Punjab Act passed aiter the com-
mencement of Part 11I of the Government
of India Act, 1933, *[® * * #] shall mean any
part of Her Majesty’s Dominions exclusive
of the British Islands, the Dominions of
efore the estab-
India and Pakistan (and b
lishment of those Dominions, British India),
any Dominion as defined in the Statute of
Westrainster, 1831, any Province or State
forming pert of any of the said Dominions
and British Burma; and
(b) in any Punjab Act passed before the com-
mencement of Part 11I of the said Act, mean
any part of Her Majesty’s Dominions ex-
clusive of the British Islands and of British
India;
and in either case where parts of these Dominions
are under both a central or local legislature, all parts
under the central legislature shall, for the purposes of
this definition, be deemed to be one colony] :
(11) “commencement” used with reference to
Punijab Act ‘[* * * 7] shall mean the day on which
the Act comes into force !
(1?) “Commissioner” chall mean the chief officer- Commisstoner.
in-charge of the revenue and general administration of
a division
(13) “Consular
general, consul. vice-consul, consu
"The ;»E-::t:;n of “Chie? Gou;t— wes omitted by the Government
of Indis (Aduptation of Indian Lews! Order, 1937,
_sSubstituted for the old clause (10) by the Indian Independense
[ Benpr! and Punjab Acts) Order, 138,
i itiad by the Adapta-
@ Commencemert,
Officer” shall include consul- Conmlar Ofeer,
lar agent, pro-consul,
{adupiation ol I
Tre wosds “or in any East Punjah Act” omi
tion of Lews ird Amendment) Order, 1951 ~
“Thy e Past Panizh Aot insgried by the Indian Indepon-
juh Apts) Ovder 1848, :;:;:l.-e
dence (Adspts jon of Beagel and P
ommitted by the Adaptation of Laws (Third Amendment] Or
72 I GENERAL CLAUSES [1898: Pb. Act 1
and any person for the time being authorised to per-
form the duties of con vi sul- 4
wieonni T g ul-general, consul, vice-consul
Deputy Commis-
sioner, . (14) "Deputy Commissioner” shall mean the chief
Dils‘;gli';;n-_charge of the general administration of a
Pintaiot Judge, (15) '[*District Judge” shall mean the Judge of a
prineipal Civil Court of original jurisdiction : but
si};}l not include the High Court in the exercise of its
ordinary or extraordinary original civil jurisdiction]:
Document. (16) “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 mezns which is intended to be used, or which
may be used, for the purpose of recording that matter.
(16-q) ** & = »
Enaetment, _ (I7) “enactment” shall include any provision con-
tained in ony Punjah Act °[* * *] :
Father. (18) "father” in the ease of any one whose personal
law admits adoption shall include an adoptive father :
‘:iz:lmmrz Come (4Y) “Financial Commissioner” shall mean the
i Financial Commissioner of ‘[Union territory of
Chandigarh], for the time being :
Flaancial year. (20) “financial year” shall mean the year com-
mencing on the first day of April :
('?-U ik ¥ 4 o2 & &
Go-d it 22) A thing shall be deemed to be done in “gooa
faith” where it is in fact done honestly, whether it is
done negligently or not :
iauk, titiei r the old clause by Act VI of 1618, section S0.
Clause (1-A) ;. -orted by the lndian Independence {Adaptation of
cal mnd Pynjab cwiz) Order, 1948, wis omitted by the Adaptation
(Third Amendmicai) Order, 1851,
The words “or East Punjab Act” inserted by the Indicn Indepus
dense (Aduptation of Bengal and Punjab Acts) Order, 1948, wece
smitted by the Adapistion of Luws (Third Amendment) Order, 1851
substituted for the word “Punjub” by the Punjab Reorganisation
(Chandigarh) (Adaptztion of lsws on State and concurrent Subjects)
Order, 1963, T
‘The definition of “Gazette” wos omitted by the Gowvernment af
Indis (Adaptation of Indian Laws) Order, 1937,
X% of
1800,
(898: ’h. Act 1] GENERAL cLaUSES 173
(23) “Government” or “the Government” Gererns
clude the 'TStatel Government as well as E?hg EPS&;:?,EG et
Government] :
(24)‘1-1¢-v-
(25)mea=ea
(26) “immovable property” shall include land, Immovable pro-
benefits to arise out of land, and things attached to the "™
earth or permanently fastened to anything attached to
the earth :
(27) “imprisonment” shall mean imprisonment of Tmprisenment,
gither description as defined 1n the Indian Penal
Code :
(_?sjrnexr:r:tt
(yyj'i-vr‘fltt
(30) “lgeal authority™ shall mean a munieipal oot Anthoriy,
committee, district board, body of port commissioners
or other authority legally entitled to, or entrusted by
the Government with, the control cr management of a
municipal or local fund :
(31 a8 ke
(32) “Magistrate” shall include every person ex- asistrate,
ercising all or any of the powers of a Magistrate under
the Code of Criminal Procedure for the time being in
foree™:
(33) “Master”, used with reference to a ship shall Master (ot . ship),
mean any person (except a pilot or harbour-master) ™"
'Substituted tor the words “Provineial” by the Adaptation of Laws
Order, 1930,
Substiuted lor the words “Government of India" by the Govern-
ment of India {Adaplation of Indian Laws) Order, 1037,
Tue definition of “Government of India” was emitied by the
Government of Indin (Adsptation of Indian Laws) Order, 1937,
‘The definition of “Her Majesty or the Gueen” was omitted by the
Adaptation of Laws (Third Amendment) Order, 1951 "
*The definition of “Indian” was omitted by the Government of
India_(Adapation of Indien Laws) Order, 1937,
‘The definition of “India Act” was omitted by the Government
of India (Adaptation of Indian Laws) Order, 1937.
‘The definition of *“Local Government” was omitted by the
G“’"fl‘:""'m‘ of India (Adaptation of Indian Laws) Order, 1937
‘Now Act V of 1488,
174 GENERAL cLAUSES [ 1898: Ph, Act 1
having for the time being control or charge of the
ship !
Month, I(.‘MJ “month” shall mean a month reckoned ac-
cording to the British calendar :
Ii:'::j;;blfl pro- (35)"movable property” shall mean property of every
description except immovable property :
Notifieation, (46) “notification” shall mean a notification published
under proper authority in the '[Official Gazette] :
Oatl, v (_.?7} “oath” shall include affirmation and declara-
{ion in the case of persons by law allowed to affirm or
declare instead of swearing :
Offence, (38) “offence” shall mean any act or omission made
punishable by any law for the time being in force :
Part, 39 “Part” shall mean a Part of the Punjab Act
@ = 9| in which the word occurs :
Peraon (40) “person” shall include any company or asso-
ciation or body of individuals whether incorporated or
not :
Palitieal Agent. ‘1(41) “Political Agent” shall mean,—
(a) in relation to any territory outside India, the
principal officer, by whatever name called,
representing the Central Government in
such territory; and
(b) in relation to any territory in a Part B State,
any officer appointed by the Central Govern-
ment to exercise all or any of the powers of
the Political Agent under the Act or Regula-
tion in which the expression occurs]:
igubstiiuted for the word “Gazette” by the Government of India
(Adaptation of Indian Laws) Order, 1937. .
The words “or East Punjab Aet” inserted by the Indian Indepen=
dence (Adaptation of Bengal and Punjab Acts) Order, 1948,
were omitted by the Adaptation of Laws (Third Amendment)
Order. J850.
)
iThe old clause (410 was substituted by the Indisn independence
(Adaptation of Benpal and Punjab Acls) Order, 1948 and liIE_
e so substituted was again substituted by the present clause b
the Adaptation of Laws Third Amendment) Orders, 1951,
(898: Pb. ActI] GENERAL cLAUSES 175
(42) a8 = & & & @
(h31. & Lot g
(44) “public nuisance” shall mean a 1i ;
nuisance as defined in the Indian Penal Code - WIRYE 2alits suleresn
(45)“‘!1‘3.
'[(46) “Punjab Act”, shall mean an Act made by Punisb Act.
the Lieutenant Governor of the Punjab in Council
under the Indian Councils Aets, 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 Punjab
under the Government of India Act, or by the Provin-
cial Legislature of the Governor of the Punjab *[or by
the Provincial Legislature or the Governor of East
Punjab under the Government of India Act, 1935, or by
the Legislature of Punjab under the Constitution]]:
(47) “registered” used with reference to a docu- Registered.
ment, 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 :
(48) “rule” shall mean a rule made in exercise of a Rule
power conferred by any enactment, and shall include
a regulation made as a rule under any enactment :
(49) “schedule” shall mean a schedule to the Schedule.
Punjab Act * * * *] in which the word occurs @
"Tie definition of “Privy Council” was omitted by’ the Adapta-
tion of Laws (Third Amendment) Order, 1851,
“The definition of “Province” was omitted by the Adaplation of
Laws (Third Amendment), Order, 1951
“The definition of “Punjab” waus amitted by the Government of
ladis (Adaptation of Indian Laws) Order, 1937.
‘Substituted for the old definition by the Government of India
(Adsptation of Indiun Laws) Order, 1037,
3Substituted for the words “under the Government of India Act,
1935 by the Adaptation of Laws (Third Amendment) Order, 1951,
Adapla= “Substituted for the words “a Province of India” hy the 8
tivn of Laws (Third Amendment) Order, 1851, The l‘-'fll_'d'-‘l =
Provinee of Indie” hod been substituted fur the words “British
Lulia™ by the Indian Independence (Adaptation of Bengal and Punjel
Arts) Order, 1048,
176 ceneran cLaUSES [1898: Ph. Act1
& soan 1 mean a uscheduled XY o
Scheduled Dis- 50) “scheduled district” shal , A
m 5 dier[ict')' a:cd:flned in the Scheduled Districts Act
1874
- (51) “section”, shall mean a section of the Punjab
Act '[* * * *] in which the word occurs :
i i ; description of 52) “ship” shall include every
veSsȎl dsed-irl? navigation not exclusively propelled by
oars :
(53) “sign” with its grammatical variations and
cognate expressions, shall, with r_eferenc?' to ak'?erqofi
who is unable to write his name, include “mar g w;t.
its grammatical variations and cognate expressions :
Bign,
son (54) “son” in the case of any one whose personal
TR law permits adoption, shall include an adopted son :
Sub-sect! (55) “sub-section” shall mean a sub-section of the Bubsssetin. oction in which the word oceurs :
Sw (56) “swear” with its grammatical variations and SWERT,
a N : cognate expressions, shall include affirming and dec-
laring in the case of persons by law allowed to affirm
or declare instead of swearing :
Vessel, (57) “vessel” shall include any ship or boat or any
other deseription of vessel used in navigation :
Wi, (58) “will” shall include a codicil and every writ- ing making a voluntary posthumous disposition of pro- perty @ -
g (59) expressions referring {o “writing” shall be riting. construed as including references tg printing, litho- graphy, photography and other modes of representing or reproducing words in a visible form; and
Yenr, (60) “year” shall mean a vear reckoned according
1o the British calendar,
“i'ne words “or East Punjub Act" meeited by the Indian Indepesi-
dence (Adeptation of Bengsl and Punjub Acts) Order, 1948, were
vmitted by the Adaptation of Laws (Third Amendment) Order, 1951,
1898: Pb. Act 1] GENERAL CLAUSES 177
GENERAL RULES ror CONSTRUCTION.
1 s . 3. '[Where any Punjab Act is not expressed to ?;’;ifllfo .
come into operation on a particular day, then,— ‘actments,
(a) in the case of a Punjab 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-
Ge_neral, or His Majesty, as the case may re-
quire, 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 Officia]l Gazette; and
(b) in the case of a Punjab 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 Gazetie:
and in every such Act the date of the first publica-
tion thereof shall be printed either above or below the
title of the Act and shall form part of every such Act.]
4. Where this Act or any Punjab Act *[* * * *] Effect of repeal,
repeals any enactment then, unless a different intention
appears, the repeal shall not—
(a) vevive anything net in force or existing at
the time at which the repeal takes effect; or
(b) aifect the previous operation of any enact-
ment so repealed or anything duly done or
suffered thereunder; or
(¢) affect any right. privilege, obligation or lia-
bility acquired, accrued or incurred under
any enactmeni so repealed: or
1Substituted for the old section by the Aduptation of Laws (Third
Amendment) Order, 1951 -
“The words “or East Punjob Act” inserted by the Indion Indepen-
! tAdaptation of Bengal and Punjab Acts) Order, 19:18. wleu-
vratted by the Adaptation of Laws (Third Amendment) Order, 1851,
M
178 GENERAL CLAUSES [1898: Ph, At |
d) affect an nalty, forfeiture or punishmeyy
@ incuned};npercspeci of any offence committeq
against any enacitment so repealed; or
(e) affect any invesiigation, legal prqceedm,;. or
remedy in respect of any such right, privi.
lege, obligation, liability, penalty, forfeiture
or punishment as aforesaid;
and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced, ang
any such penalty, forfeiture or punishment may be
imposed as if the Repealing Act had not been passed.
i‘;‘,fii s '[4-A. Where any Punjab Act made after the amendment Act,COMMmencement of this Aet *[* * *] repeals any amend-
ment by which the text of any Punjab Act *[* * ¥
was amended by the express omission, insertion or
substitution of any matter, then, unless a different
intention appears, the repeal shall not affect the con-
tinuance of any such amendment made by the enact-
ment so repealed and in operation at the time of such
repeal.]
Revival of re- 5. In any Punjub Act *[* * *] it shall be neces-
b ™gary for the purpose of reviving either wholly or
partially, any enactment wholly or partially repealed,
expressly to state that purpose.
Construction of 6. Where this Act or any other Punjab Aet pented ¥ tare °[* * *] repeals and re-enacts, with or without modi-
ments, cation, anv provision of a former enactment, then
references in any other enactment or in any instru-
ment to the provision so repealed shall, unless a
different intention apvears, be construed as references
to the provision so re-enacted.
Comumence-
ment and ter- 7. Inany Punjab Act, °[* * *] it shall be sufficient,
vt “’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
Jpsertiad by Eust Punjub Ace XL of 1048, sectiva 2, __
;-1!!-_,_- “L-:url:: “or East Punjab Act” were omitied by the Adapta-
tion of Laws (Third Amendment! Order, 1851,
1898: Pb. Act 1] GENERAL cLAUSES by
series of days or any other period of time to use the word “‘to”,
8. Where, by any Punjab Act, '[* * ¢ any act orComputation of
proceeding is directed or allowed to be done or taken "™ n any Court or office on a certain day or within a prescribed period, then, if the Court or office i 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
: o 10 any act or proceeding to which the Indian Limita-
s tion Aet, IR7TT, applies,
9. In the measurement of any distance, for the Messurement of
purposes of any Punjab Act, [ * °] that distance QStances.
shall, unless a different intention appears, be measured
in a straight line on a horizontal plane.
16. Where, by any enactment now in force or Dty to be taken
hereafter put in force, anv duty of customs or excise, ment.
or in the nature thereof, is leviable on any given
quantity, by weight, measure or value of any gnods
of merchandise, then a like duty is leviable according
to the same rate on any greater or less quantity.
11 In all Punjab Acts, '[* * ) unless there is pympr, =
anything repugnant in the subject or context,—
(1) words importing the masculine gender
shall be taken to include females; and
(2) words in the singular shall include the
plural and vice versa.
d 'The word “or East Punjeb Act” inserted by the Indien Indepen- “nee (Adaptation of Bengal and Punjab Aets) Order, 1848, wer=
omitied by the Adaptation of Laws (Third Amendment) Order, 1951,
“See now the Indian Limitation Act, 1963.
den, .;T""’ Words "and East Punjab Acts” inserted by the Indian Indepen-
e (Adamtation of Bengal and Punjab Acts) Order, 1948, were
dtird by the Adaptation of Laws (Third Amendment) Order, 1051,
—
180 GENERAL CLAUSES [ 1898: b, Act 1
PoWERS AND FUNCTIONARIES.
Powers conferrcd
on the State Go- 12. Where, by any Punjab Act, '[* * *] any
vernment to et e power is conferred '[* * *] then thai power may be
tme to time, exercised from time Lo time as occasion requires.
Power ta ap- r : 13, Where, by any Punjab Act, '[* * *] any point to inchale : - i power to appeint POWET 10 appoint any person to fill any office or exe-
ex-officio, cute any function is conferred, then, unless it is
otherwise expressly provided, any such appointment
may be made either by name or by virtue of office,
Pawer 1o appoint 14. Where, by any Punjab Act, '[* * *] a power
{0 suspend o afe. to make any appointment is conferred, then, unless
mies, a different intention appears, the authority having
“[for the time being] power to make the appointment
shall also have power to suspend or dismiss any
person appointed ‘[whether by itself or any other
authority] by it in exercise of that power.
“Substitution of 15. In any Punjab Act, '[* * *] it shall be sufi-
functionaries. ojent, for the purpose of indicating the application of
a law to every person or number of persons fo: the
time Leing executing the functions of an office, to
mention the official title of the officer at present exe.
cuting the functions, or thai of the ofticer by whom
the functions are commonly executed.
Buecessors, 16. In any Punjab Act, '[* * *] it shall be suffi-
cient, for the purpose of indicating the relation of a
law to the successors of any functionaries or of corpo-
rations having perpetual succession, to express its
relation to the functionaries or corporations.
o iemel® 1% In any Punjab Act, '[* * *] it shall be suff-
cient, for the purpose of expressing that a law relative
to the chief or superior of an office shall apply to the
1The words *
dence (Adaptation of Bengal and Punjab Acts) Order, 1948, D}:’ll'l'e
amitted by the Adsptation of Laws (Third Amendment) Order.bl AW
“The words “on the Provinciasl Governmenl” were omitted by
Punjab Act XL of 1048, section 3 ) .
Inserted by East Punjab Act XL of 1048, section 4(i).
Insled by Fast Punjeb Act XL of 1946, section 4 (i)
1898: b, ActI] GENERAL cLAUSES 181
duties of thai office in the place of their superior, to
prescribe the duty of the superior.
PROVISIONS AS To ORDERS, RULES, ETC., MADE UNDER
ENACTMENTS
Construction of
o
_18. Where, by any Punjab Act, '[* * *] a poweT orders, etc, issu-
to issue any ‘[notification], order, scheme, rule, form, ¢d under enuct-
or bye-law is conferred, then expressions used in the ments.
‘[notification], order, scheme, rule, form or bye-law,
shall, unless there is anything repugnant in the
subject or context, have the same respective meanings
as in the Act, conferring the power.
19. Where, by any Punjab Act, '[* * *] a power Power to make
to inelude power to “[issue notifications or] make orders, rules or bye- ;2 i)\ Peve
Jaws is conferred, then that power includes a pOWer vary or rescind
exercisable in the like manner and subjeet to the like orders, rules or
sanction and conditions (if any), to add to, amend, ™"
vary or rescind any ‘[notifications], orders, rules or
bye-laws so ‘[issued or] made. 0
t N | Lralsas
20. Where, by any Punjab Act, '[* * *] which is Making of
not to come into force immediately on the passing jame .05 o
thereof, a power is conferred to make rules or bye- ing of ordess
between passing
laws, or to issue orders with respect to the application JToveel Foe= t&
of the Act, or with respect to the establishment of ment or enact-
any Court or office or the appointment of any Judge et
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 any time after the passing of the Act, bu!
rules, bye-laws or orders so made or issued shall not
take effect till the commencement of the Act.
21. Where, by any Punjab Act, '[* * *] a pOWer puovisions
to make rules or bye-laws is expressed to be given abpteatis. . 44
subject to the condition of the rules or bye-laws being g yeaws afier
made after previous publication, then, unless such provious - publi-
IThe words “or Enst Punjab Act” inserted by the Indian Tndepen-
dence (Adaptation of Benzal and Punjab Acts) Order, 1848, were
omitted by the Adaptation of Laws (Third Amendment) Order, 1951,
“Inserted by East Punjab Act XL of 1948, section 5.
"Inserted by Engt Punjab Act XL of 1948, section 6 (i),
iInserted by East Punjab Act XL of 1948, section 6 (ii).
Inserted by East Punjab Act XL of 1948, section 6 (iii).
182 GENERAL cLaUses [ 1898: Pb. Ael 1
Act, otherwise provides, the following provisions shall
apply, namely :—
1) the authority having power to make the
@ ru?e: or bye}»laWS shall, before making
them, publish a draft of the proposed rules
or bye-laws for the information of persons
likely to be affected thereby; .
(2) 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 ‘[Government concerned]
preseribes;
(3) there shall be published with the draft a
notice specifying a date on or after which
the draft will be taken into consideration:
(4) the authority having power to make the
rules or bye-laws, and, where the rules or
bye-laws are to be made with the sanction,
approval or concurrence of another
authority, that authority also, shall eon-
sider any objection or suggestion which
may be received by the authority having power to make the rules or bye-laws from any person with respect to the draft before
the date so specified;
(5) the publication in the *[Official Gazette] of a rule or bye-law purporting to have been made in exercise of a power o make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye- law has been duly made.
Continuation of 22, Where any Punjab Act, d ted with : “(* * *] is repealed orders, ete,, isswand re-enacted wi i : ; od imder snact- or without modification, then, ments repeated UNIESS it is otherwise expressly provided, any and re-enncted,
1Substituted for the words "Central Government or as muy be, the Provincial Government” by the Ad i (Third Amendment) Order, 1051, fptation of L “Substituted for the word “Gazette” by the CGove { Indi (Adgptation of Indian Lavee Order, 1957 ¥ —— e “The words “or East Punjab Act" inserted b the [ Indepen- dence (Adaptation of _Bengal and Punjab Ac%] ongmisffi, Egere omitted by the Adaptation of Laws (Third Amendment) Order, 1951,
1598: Ph. Acl I] GENERAL cLavsEs 183
'[appointment notification], order, scheme, rule, form
or bye-law, *[made or] issued under the repeal::d Act,
shall, so far as it is not inconsistent with the provi-
sions re-enacted, continue in force, and be deemed to
have been “Imade or] issued under the provisions so
re-enacted, unless and until it is supreseded by any
'[appointment notification], order, scheme, rule, form
or bye-law *[made or] issued under the provisions so
re-enacted.
MISCELLANEOUS.
suot 23, Sections 63 to 70 of the ‘Indian Penal Code Pnih i
1860 ond the provisions of the ‘Code of the Criminal Pro-
cedure for the time being in force in relation to the
issue and the execution for warrants for the levy of
fines shall apply to all fines imposed under any Act,
rule or bye-law, unless the Act, rule or bye-law con-
tains an express provision to the contrary.
Provision ns {o
924, Where an act or omission constitutes an ,gepces punish-
offence under two or more enactments, then the able under two
offender shall be liable to be prosecuted and punished grmore eneet:
under either or any of those enactments, but shall not
be liable to be punished twice for the same offence.
Manner of ser-
95, Where any Punjab Act, °[* * *] authorises vice by post,
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,
pre-paying 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
Jetter would be delivered in the ordinary course of
post.
%. (1) In any Punjab Act, *[* * *] and in any cudments. of
rule, bye-law, instrument or document, made under,
or with reference to any such Act, any enactment may
11’nf:rl(-tl by East Punjab Act, XL of 1948, section T(1).
*Inserted by East Punjab Act, XL of 1948, section THif).
"See unrepealed Central Acts, Volume L
‘See now Act V oof 1808, unrepealed Central Acts, Volume v,
*The words “or East Punjab Act” inscerted by the Indien Indepen-
dence (Adaptation of Bengal nnd Punjab Acts) Order, 1048, were
omitted by the Adaptation of Laws (Third Amendment) Order, 1851,
184 GENERAL CLaUSES [1B98: Pb, Act1
be cited by a reference to the title or short title (if
any) conferred thereon or by reference to the number
and year thereof, and any provision in any enactment
may be cited by a reference to the section or sub-
section of the enactment in which the provision is
confained.
_ (2) In any Punjab Act, '[* * *] a description or
citation of a portion of another enactment shall, un-
less a different intention appears, be construed as in-
cluding the word, section or other part mentioned or
referred to as forming the beginning and as forming
the end of the portion comprised in the description or
citation.
Act "?fi“"&i:}’,‘msf {[27. (1) The provisions of this Act shall apply,—
l‘;*fl’;;l'lfi Regula-
‘{a) in relation to any Ordinance promulgated
by the Governor of the Punjab under see-
tion 88 or section 89 of the Government of
India Act, 1935, or by the Governor of East
Punjab, under section 88 of the said Act, as
they apply in relation to Punjab Acts made
under the said Act by the Governor, and,
in relation to any Regulation made by the
Governor of Punjab, under section 92 of the
said Act, as they apply in relation to
Punjab Acts, made by the Provincial Legis-
lature; and
(b) in relation to any Ordinance promulgated
by the Governor of Punjab, under arti_c]e
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 Punjab Acts
made by the State Legislature. 5
————
b i " i jan Indepen-
1The words “or East Punjab Act ms«'_.'rted by the Indian
dence {l;\:i‘aplmiun of Bengal and Punjab Acts) Order, I&MB, : gvg;:re
ptation of Laws (Third Amendment) Order, o tiw
. opld section [whi ) ]
ol ion of Benpal and Punjab Acts) zSubstituted
by the Adaptation af de
fsii’;’:.“’?mfi’i?flé’u Punjab Act XL of 1948},
Laws (Third Amendment) Order, 1951.
1898: Pb. ActI] GENERAL CLAUSES 185
(2) The provisions of section 4 and section 4-
this Act shall apply on the expiry, withdm:r:; onf‘
repeal of any Ordinance promulgated by the Governor
of the Pun jab, und_er section 88 or section 89 of the
Government of India Aect, 1935, or by the Governor of
East Punjab, under section 88 of the said Act, or by
the Governor of Punjab, under Article 213 of the
Constftution, as if such Ordinance had been an enact-
ment repealed by a Punjab Act.]