UTTAR PRADESH GENERAL CLAUSES ACT, 1904
(1) this Act may be called the 1[Uttar Pradesh] General Clauses Act, 1904; and
(2) It shall come into force at once.
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1. Substituted by Section 2 of U. P. Act No. 54 of 1975.
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1. Omitted by Section 3 of U.P. Act 54 of 1954 (w.e.f. 21.10.1975).
1[(1) The provisions of this Act shall apply to this Act and to all Uttar Pradesh Acts, whether made before or after the commencement of this Act.
(2) The provisions of this Act in their application to any enactment or statutory instrument shall be subject to any contrary requirements of the context of the enactment or instrument that is to be interpreted.]
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1. Amended by A.O. 1950 and substituted by U. P. Act 54 of 1975, Section 4 (w.e.f. 21-10-1975).
In all 1[Uttar Pradesh] Acts, unless there is anything repugnant in the subject or context:
(1) "Abet"--"Abet" with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code;
(2) "Act"--"Act" used with reference to an offence or a civil wrong shall include a series of acts, and words which refer to acts done extend also to illegal omissions;
(3) "Affidavit"--"Affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(4) "Agra"--"Agra" shall mean the territories known as the 2[North-Western Provinces] previously to the 2nd day of March, 1902;
3[(4-A) "Agricultural year" shall mean th
1[In every Uttar Pradesh Act, when a word is defined--
(a) the definition shall apply unless to context of the Act otherwise require;
(b) grammatical variations of that word and cognate expression shall have corresponding meanings.]
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1. Inserted by U. P. Act 54 of 1975, Section 6 (w.e.f. 21-10-1975).
1[(1) where any Uttar Pradesh Act is not expressed to come into force on a particular day, then,--
(a) in the case of an Uttar Pradesh Act made before the commencement of the Constitution, it shall come into operation, if it is an Act of the Legislature, on the day on which the assent thereto of the Governor, the Governor General of His Majesty, as the case may require, is first published in the official Gazette, and, if it is an act of the Governor, on the day on which it is first published as an Act in the official Gazette;
(b) in the case of an Uttar Pradesh Act made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the official Gazette].
(2) Unless
Where any Uttar Pradesh Act repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not--
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
(e) affect any remedy, or any investigation or legal proceeding commenced before the repealing Ac
1[A temporary Uttar Pradesh Act, shall be construed as ceasing to operate immediately at the end of the day on which it expires.
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1. Inserted by U. P. Act 54 of 1975, Section 7 (w.e.f. 21.10.1975).
Where a temporary Uttar Pradesh Act, expires the provisions of Sections 6 and 24 shall apply to it as they apply to the repeal of enactment by an Uttar Pradesh Act.
(1) Except as provided by sub-section (2) where any Uttar Pradesh Act amends the text of any Uttar Pradesh Act or Regulation by the express omission, insertion or substitution of any matter, and the amending enactment is subsequently repealed, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.
(2) Where any such amendment of text is made by any temporary Uttar Pradesh Act or by an Ordinance or by any law made in exercise of the power of the State Legislature by the President or other authority referred to in sub-clause (a) of clause (1) of Article 357 of the Constitution, and such Act, Ordinance or other law ceases to operate without being re-enacted (with or without modifications) the amendment of text made thereby shall also cease to operate.]
In any 1[Uttar Pradesh] Act it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose.
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1. Substituted for "United Provinces" by A. O. 1950.
1[(1) Where any 2[Uttar Pradesh] Act repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.
3[(2) Where the short title of any enactment is amended by an Uttar Pradesh Act, then, references to that enactment by its old short title in any other enactment shall be construed as references to that enactment by its new short title.]
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1. The existing Section 8 renumbered as sub-section (1) by Section 8 of U. P. Act 54 of 1975, (w.e.f. 21-10-1975).
2. Substituted for "United Provinces" by A. O. 1950.
In any 1[Uttar Pradesh] Act it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from" and, for the purpose of including the last in a series of days or any other period of time, to use the word "to"
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1. Substituted for "United Provines" by the A. O. 1950.
Where, by any 1[Uttar Pradesh] Act, any act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, then, if the court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the court or office is open :
Provided that nothing in this section shall apply to any Act or proceeding to which the Indian Limitation Act, 18722, applies.
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1. Substituted for "United Provines" by the A. O. 1950.
2. Now see Limitation Act, 1963, (Act No. 36 of 1963).
1[Marginal notes to any provisions of an Uttar Pradesh Act and the reference to the number and year of any former enactment against any such provision shall be deemed to have been inserted for convenience of reference only and shall not form part of the Act.
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1. Inserted by U. P. Act 54 of 1975, Section 9 (w.e.f. 21-10-1975).
Where any Uttar Pradesh Act constitutes a body corporate by any form of words, that body corporate shall have perpetual succession and a common seal and may enter into contract by its corporate name, acquire, hold and dispose of property, whether movable or immovable, and sue or be used by its corporate name.
Where, by any Uttar Pradesh Act, a form is prescribed, slight deviations therefrom not affecting the substance or calculated to mislead, shall not invalidate it.]
In the measurement of any distance, for the purposes of any 1[Uttar Pradesh] Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.
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1. Substituted by the A. O. 1950.
Where, by any 1[Uttar Pradesh] Act, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandise then a like duty is leviable according to the same rate on any greater or less quantity.
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1. Substituted by the A. O. 1950.
In all 1[Uttar Pradesh] Acts, unless there is 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.
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1. Substituted by the A. O. 1950.
Where, by any 1[Uttar Pradesh] Act, any power is conferred 2[** *] then that power may be exercised from time to time as occasion requires.
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1. Substituted by the A. O. 1950.
2. The words "on the State Government" omitted by U. P. Act 54 of 1975.
Where, by any 1[Uttar Pradesh] Act, a power to appoint any person to fill any office or execute and function is conferred, then, unless it is otherwise expressly provided, any such appointment may be made either by name or by virtue of office.
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1. Substituted by the A. O. 1950.
1[Where, by any Uttar Pradesh Act, a power to make any appointment is conferred then, unless a different intention appears, the authority having for the time being power to make the appointment shall also have the power to suspend, dismiss, remove or otherwise terminate the tenure of office of any person appointed, whether by itself or any other authority, in exercise of that power.]
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1. Substituted by U. P. Act 54 of 1975, Section 11 (w.e.f. 21-10-1975).
In any 1[Uttar Pradesh] Act, it shall be sufficient, for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions or that of the officer by whom the functions are commonly executed.
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1. Substituted by the A. O. 1950.
In any Uttar Pradesh Act it shall be sufficient for the purpose of indicating the relation of a law of the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations.
In any 1[Uttar Pradesh] Act it shall be sufficient for the purposes of expressing that a law relative of the chief of superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that officer in the place of their superior, to prescribe the duty of the superior.
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1. Substituted by the A. O. 1950.
1[Where, by any Uttar Pradesh Act, a power is given to a person, officer or functionary to do or enforce the doing of any act or thing, all such powers shall be deemed also to be given as are necessary to enable that person, officer or functionary to do or enforce the doing of the act or thing].
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1. Inserted by U. P. Act 54 of 1975, Section 12 (w.e.f. 21-10-1975).
1[2[(1)] Where, by any 3[Uttar Pradesh] Act a power to issue any 4[statutory instruments] is conferred, then expressions used in the 4[statutory instrument] shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the Act conferring the power.
5[(2) The provisions of Sections 4, 4-A, 6, 6-A, 6-B, 7, 8, 9, 10, 10-A, 10-C, 11, 12, 13, 14, 15, 16, 17, 18, 19, 19-A and 28 shall mutatis mutandis apply in relation to any statutory instrument issued under any Uttar Pradesh Act as they apply in relation to any Uttar Pradesh Act].
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1. Substituted by U. P. Act 54 of 1975, Section 13 (w.e.f. 21-10-1975).
2. Existing Section 20 renumbered as sub-section (1) and in sub-section (1) so renumbere
Where, by any 1[Uttar Pradesh] Act, a power to issue 2[statutory instrument] is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add, amend, vary, or rescind any 2[statutory instrument] so issued.
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1. Substituted by the A. O. 1950.
2. Substituted by U. P. Act 54 of 1975, Section 15 (w.e.f. 21-10-1975).
Where by any 1[Uttar Pradesh] Act, which is not to come into force on the day on which it is first published in the official Gazette a power is conferred 2[to issue statutory instruments], with respect to the application of the Act or in the exercise of any power exercisable thereunder or under any enactment thereby amended, or with respect to the establishment of any court or office, or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees, taxes, cess or other dues for which, anything is to be done under the Act, then that power may be exercised at any time after the Act has been published as aforesaid; but 6[statutory instruments so issued] shall not take effect till the commencement of the Act.
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1. Substitu
1[(1)] Where, by any 2[Uttar Pradesh] Act, a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then the following provisions shall apply, namely :
(a) the authority having power to make the rules 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;
(b) the publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the 3[Government concerned] prescribes;
(c) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;
1[(1) All rules made by the State Government under an Uttar Pradesh Act shall as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than thirty days, which may be comprised in one session or two or more successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may, during the said period, agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
(2) where any Central Act, in force or applicable to Uttar Pradesh and relating to matters with respect to which the State Legislature has power to make laws for Uttar Pradesh, confers power on the State Gove
Where any enactment is repealed and re-enacted by an 1[Uttar Pradesh] Act, with or without modification, then, unless it is otherwise expressly provided, any appointment, 2[or statutory instrument or form] made or issued under the repealed enactment shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, 3[or statutory instrument or form] made or issued under the provisions so re-enacted.
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1. Substituted by A.O. 1950.
2. Substituted by U. P. Act 54 of 1975 (w. e. f. 21-10-1975).
3. Substituted by ibid.
Sections 63 to 70 of the Indian Penal Code and the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any 1[Uttar Pradesh] Act, or any rule or bye-laws made under any 1[Under Pradesh] Act, unless the Act, rule or bye-law contains an express provision to the contrary.
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1. Substituted by A.O. 1950.
Where an act or omission constitutes an offence under two or more 1[Uttar Pradesh] Acts, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.
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1. Substituted by A.O. 1950.
Where any 1[Uttar Pradesh] Act authorizes or requires any document to be served by post, whether the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, 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 letter would be delivered in the ordinary course of post.
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1. Substituted by A.O. 1950.
(1) In any 1[Uttar Pradesh] Act, and in any rule, bye-law, instrument of document made under, or with reference to, any such Act, any enactment may be cited by reference to the title or short title (if any) conferred thereon, or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the section or sub-section of the enactment in which the provision is contained.
(2) In citing any 1[Uttar Pradesh] Act, made previously to the 2nd day of May, 1902, the words 2[United Provinces] may be substituted for the words North-Western Provinces and Oudh" and the word "Agra" for the words "North-Western Provinces" in the title or short title, (if any) conferred thereon.
(3) In any 1[Uttar Pradesh] Act a description or citation of a portion of another enactment shall, unless a different intention appe
In all 1[Central Acts or Regulations made by the Central Government] and all 1[Uttar Pradesh] Acts, herebefore passed and now in force, and in every appointment, 2[or statutory instrument] made or issued thereunder, all references to the 1[North-Western Provinces and Oudh] shall be construed as referring to1[Uttar Pradesh] 4[* * * * *] all references to the 3[North-Western Provinces] and to the 3[Province of Oudh] respectively, shall be construed as referring to the corresponding territories as comprised in 1[Uttar Pradesh] 4[* * *] 5[and all references to the Lieutenant-Governor] of the 3[North-Western Provinces] or the Chief Commissioner of Oudh or the Lieutenant Governor of the 3[North-Western Provinces] and Oudh in council shall be construed as referring to the 1[State Government] of 1[Uttar Pradesh].
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1. Substitute
1[The provisions of this Act shall apply--
(a) in relation to any Ordinance promulgated by the Governor under Section 88 of the Government of India Act, 1935, as they apply in relation to Uttar Pradesh Acts made under the said Act by the Governor, and in relation to any Regulation made by the Governor under Section 92 of the said Act as they apply in relation to Uttar Pradesh Acts, made by the Provincial Legislature; and
(b) in relation to any Ordinance promulgated by the Governor under Article 213 of the Constitution or any Regulation made by the Governor under paragraph 5 of the Fifth Schedule to the Constitution as they apply in relation to Uttar Pradesh Acts, made by the State Legislature :
Provided that clause (b) of sub-section (1) of Section 5 of this Act shall apply to an Ordinance ref
THE SCHEDULE
1[* * * ]
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1. Schedule omitted by U. P. Act 54 of 1975, Section 21 (w. e. f. 21-10-1975).
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