PUNJAB GENERAL CLAUSES ACT, 1898
An Act to shorten the language of Acts and for other matters
Whereas it is expedient to shorten the language used in [Punjab Acts] and to make certain provisions for the construction of, and other matters relating to, such Acts; It is hereby enacted as follows:
(1) This Act may be called the Punjab General Clauses Act, 1898; and
(2) It shall come into force at once.
In this Act and in [all Punjab Acts] [-] unless there is anything repugnant in the subject or context, -
(1) "abet", with its grammatical variations and cognate expression, shall have the same meaning as in the Indian Penal Code;
(2) "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" shall include affirmation and declaration in the case of person by law allowed to affirm or declare instead of swearing;
(4) "barrister" shall mean a barrister of England or Ireland or member of the Faculty of Advocates in Scotland,
(5) [-]
(6) "British possession" shall mean any part of Her Majesty's Dominions, exclusive of the United Kingdom, and where parts of those Dominions are under both a central and local Legislature, all parts
Where any Punjab Act is not expressed to come into operation on particular day, then, -
(a) in the case of a Punjab Act made before the commencement of the Constitution, it shall come into operation, if it is#15;an Act of the Legislature, on the day on which the assent thereto of the Governor, the Governor General, or 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 in the Official 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 requires, is first published in the Official Gazette;and in every such Act the date of the first publication thereof shall be printed either above or below the title of the Act and shall form part of every such Act.]
Where this Act or any Punjab Act [-] repeals any enactment, 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 repeled, 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 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 may be instituted, continued or enforced, and any such pena
Where any Punjab Act made after the commencement of this Act [-] repeals any amendment by which the text of any Punjab Act [-] was amended by the express omission, insertion or substitution of any matters, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.
In any Punjab Act [-] it shall be necessary for the purpose of reviving either wholly or partially, any enactment wholly or partially repealed, expressly to state the purpose.
Where this Act or any other Punjab 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.
In any Punjab Act [-] it shall be sufficient for the purpose of excluding the first in a seriies 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".
Where by any Punjab 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, 1877, applies.
In the measurement of any distance, for the purposes of any Punjab Act [-] that distance, shall, unless a different intention appears, be measured in a straight line on a horizontal plane.
Where, by any enactment now in force or hereafter put in force 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 lesser quantity.
In all Punjab Acts [-], unless there is anything repugnant to 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.
Where by any Punjab Act [-] any power is conferred. [-] then that power may be exercised from time to time as occasion requires.
Where, by any Punjab Act [-] any power to appoint any person to fill any office or execute 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.
Where, by any Punjab Act [-] at 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 power to suspend or dismiss any person appointed [whether by itself or any other authority] by it in exercise of that power,
In any Punjab 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 officers by whom the functions are commonly executed.
In any Punjab Act, it shall be sufficient, for the purpose of indicating the relation of law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations.
In any Punjab Act [-] it shall be sufficient, for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior.
Where, by any Punjab Act, [-] a power to issue any [notification,] order, scheme, rule, form or bye-law is conferred, then expressions used in the [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.
Where, by any Punjab Act, [-] a power to [issue notifications] or make orders, rules or bye-laws is conferred, then that power includes a power exercisable in the like manner and subject to like sanction and conditions (if any,) to add, to amend, vary or rescind any [notifications], orders, rules or bye-laws so [issued or] made.
Where, by any Punjab Act, [-] which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to the application of the Act, 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 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, bye-laws or orders so made or issued shall not take effect till the commencement of the Act.
Where, by any Punjab 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 unless such Act otherwise provides, the following provisions shall apply namely:-
(1) 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;
(2) the publication shall be made in such manner as the authority deems to be sufficient, or if the condition with respect to previous publication so requires, in such manner as the [Government concerned] prescribes;
(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 ru
Where any Punjab Act [-] is repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any [appointment, notification], order scheme, rule, form or bye-law, [made or] issued under the repealed Act, 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 notification], order, scheme, rule, form or bye-law [made or] issued by under the Provisions so re-enacted.
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 Act, rule or bye-laws, unless the Act, rule of bye-law contains an express provision to the contrary.
Where an act or omission constitutes an offence under two or more enactment, 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.
Where any Punjab Act [-] authorises or requires any document to be served by post whether the expression "service" 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.
(1) In any Punjab Act, and in any rule, bye-law, instrument, or document made under, or with reference to any such Act, any enactment may 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 contained.
(2) In any Punjab Act, [-] a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including 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.
(1) The provisions of this Act shall apply: -
(a) in relation to any Ordinance promulgated by the Governor of the Punjab under section 88 or section 89 off 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 by the Provincial Legislature; and
(b) in relation to any Ordinance promulgated by the Governor of Punjab 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 Punjab Acts made by the State Legislature.
(2) The Provisions of section 4 and section 4-A of this Act shall apply on the expiry, withdrawal or repeal of any Ordinance promulgated by the Governor of the Punjab under section 88 or section 89 of the Government of India Act, 1935, or by the Governor of East Punjab under section 88 of the
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