ANDHRA PRADESH GENERAL CLAUSES ACT, 1891
(a) This Act may be called the Andhra Pradesh General Clauses Act, 1891; and
(b) Commencement:- It shall come into force on the first day of January 1892.
Notwithstanding anything contained in the Andhra Pradesh (Andhra Area) General Clauses Act, 1867, the provisions of that Act shall not apply to this Act or to any Act of the State of Andhra Pradesh which may be passed subsequent to the commencement of this Act.
xxx
In this Act and in every Act of the State of Andhra Pradesh made after the commencement of this Act, unless there be something repugnant in the subject or context,
(1) "abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code;
(1-a) " Andhra area " shall mean the territories of the State of Andhra Pradesh, which immediate ly before the 1st November, 1956, were comprised in the State of Andhra;
(1-b) "Act of the State of Andhra Pradesh"shall mean - (i) an Act made by the Governor of Fort St. George in Council under the Indian Councils Acts, 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 Presidency of Madras under the Government of India Act, or by the Provin
This Chapter shall apply to all Acts of the State of Andhra Pradesh made after the commencement of this Act, unless a contrary intention appears in such Acts.
(1) Where any Act to which this chapter applies is not expressed to come into operation on a particular day, then, it shall come into operation on the day on which the assent thereto of the Governor, the Governor General or the President, as the case may require, is first published in the Official Gazette.
(2) In every such Act the date of such publication as aforesaid shall be printed either above or below the title of the Act and shall form part of the Act.
Where, by an Act to which this Chapter applies and which is not to come into force immediately on the passing thereof, a power is conferred on Government or other authority to make rules, or to issue orders, with respect to the application of the Act, or with respect to the appointment of any officer thereunder, such power may be exercised at any time after the passing of the Act but rules or orders so made or issued shall not take effect till the commencement of the Act.
Where, by an Act to which this Chapter applies, a power to make rules is expressed to be given, subject to the condition of the rules being made after previous publication, the following provisions shall apply, namely:
(a) Publication of draft rules :- The authority having the power to make the rules shall, before making them, publish a draft of the proposed rules;
(b) Manner of publication :- 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 Central Government or, as the case may be, the State Government prescribes;
(c) Notice to accompany draft rules :- There shall be published with the draft a notice specifying a date at or after which the draft will be taken i
Where any Act, to which this Chapter applies, repeals any other enactment, then the repeal shall not
(a) affect anything done or any offence committed or any fine or penalty incurred or any proceedings begun before the commencement of the repealing Act; or
(b) revive anything not in force or existing at the time at which the repeal takes effect; or
(c) affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so repealed; or
(d) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or
(e) affect any fine, penalty, forfeiture or punishment incurred in respect of any offence committed ag
Where any Act to which this Chapter applies repeals any enactment by which the text of any previous enactment was amended by the express omission, insertion or substitution of any matter, 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 Act to which this Chapter applies
(a) for the purpose of reviving, either wholly or partially,an Act or Regulation,wholly or partially repealed, it shall be necessary expressly to state such purpose;
(b) Commencement of term :- for the purpose of excluding the first in a series of days or a ny other period of time, it shall be sufficient to use the word "from";
(c) Termination of term :- For the purpose of including the last in a series of days or any other period of time, it shall be sufficient to use the word "to";
(d) Application to subordinates of law relating to official superiors :- 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 executing t
Where an Act, to which this Chapter applies, confers power to make rules or bye laws or to issue orders, expressions used in such rules, bye laws or orders, have the same respective meanings as in the Act conferring the power.
Where by an Act to which this Chapter applies, any act or proceeding is directed or allowed to be done or taken in a 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 proceedings 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. This Section does not apply to any act or proceeding to which the Indian Limitation Act, 1908 applies.
This Chapter shall apply to all * Acts of the State of Andhra Pradesh unless a contray intention appears in any such Act, but it shall not affect anything done or commenced prior to the commencement of this Act under any enactment now in force.
Where an Act confers a power or imposes a duty then the power may be exercised and the duty shall be performed from time to time as occasion requires.
Where an Act confers a power or imposes a duty on the holder of an office, as such, then the power may be exercised and the duty shall be performed by the holder for the time being of the office.
Where an Act confers a power to make any rules or bye laws, or to issue orders, the power shall be construed as including a power exercisable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke, amend or vary the rules, bye laws or orders.
Whenever by an Act any duty of customs excise or in the nature thereof is leviable on any given quantity, by weight, measure or value, of any goods or merchandise, a like duty shall be leviable according to the same rate on any greater or lesss quantity.
Whenever by an Act authority is given to confer powers or impose duties, such powers may be conferred or duties imposed by name or by office or on classes of officials generally by their official titles.
Where an Act repeals and re enacts, with or without modification, all or any of the provisions of a former Act, references in any other Act to the provisions so repealed shall be construed as references to the provisions so re enacted, and if notifications have been published proclamations or certificates issued, powers conferred, forms prescribed, local limits defined, offices established, orders, rules and appointments made, engagements entered into, licences or permits granted, and other things duly done, under the provisions so repealed, the same shall be deemed, so far as the same are consistent with the provisions so re enacted, to have been respectively published, issued, conferred, prescribed, defined, established, made, entered into, granted or done under the provisions so re eancted.
The provisions of sections 63,68,69 and 70 of the Indian Penal Code shall apply to all fines imposed under the authority of any Act.
Where an act or omission constitutes an offence under two or more enactments, 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 act or omission.
Where in any Act, or in any rule passed under any Act, it is directed that any order, notification or other matter shall be notified or published, such notification or publication shall, unless the Act otherwise provides, be deemed to be duly made if it is published in the *Official Gazette.
When , by an Act any Government is empowerd to extend or apply an Act or any provision of an Act to any place in, or to any portion of, the State the Government may, in any order extending or applying such Act or provision or in a subsequent order, notify the time at which the same shall come into force in the place or portion of the State to which it is so extended or applied; and, unless it is otherwise provided in the Act the Government may, by notification in the Official Gazette from time to time postpone the time at which the Act or provision shall come into force in such place or portion of the State or cancel the order for extending or applying the same to such place or portion of the State:
Proviso :- Provided that no order postponing the time at which an Act or provision shall come into force, or cancelling an order for extending or applying the same, shall be made after
The provisions of this Act shall apply -
(a) in relation to any Regulation made by the Governor under section 92 of the Government of India Act, 1935, in like manner as they apply in relation to the Acts made by the Provincial Legislature referred to in item (i) of clause (1-b) of section 3; and
(b) in relation to any Ordinance promulgated by the Governor under article 213 of the Constitution or any Regulation made by him under paragraph 5 of the Fifth Schedule to the Constitution, in like manner as they apply in relation to the Acts made by the State Legislature.
Provided that sub section (1) of section 5 of this Act shall apply to any Ordinance referred to in clause (b) as if the reference in that Sub section to the day of the first publication of the assent to an Act in the Official Gazet
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
