The Punjab General Clauses Act, 1898

English — official source version

39. Law- The Punjab General Clause Act,1898_compressed.pdf.txt

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 Nevival of repealed enactments. 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 Construction of references to repealed enactments, 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repealed and re-enactec.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.]