GUJARAT GENERAL CLAUSES ACT, 1904
This Act may be called the 1[Gujarat] General Clauses Act, 1904.
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1. Substituted by the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the following : - "Bombay"
The Gujarat General Clauses Act, 1904, serves as a foundational legal framework for interpreting and applying various laws within the state of Gujarat. Section 1 specifically addresses the short title and the applicability of the Act.
Section 1 of the Gujarat General Clauses Act, 1904, provides the short title of the Act and outlines its applicability to other Acts, rules, and regulations made after a specified date.
The scope of Section 1 is primarily to establish the identity of the Act and to clarify its relevance to subsequent legislative measures. It ensures that the provisions of this Act apply to future laws enacted in Gujarat.
Section 1 does not prescribe any punishment as it is primarily concerned with the title and applicability of the Act rather than enforcement or penalties.
1 [1A. Extension of application of Act to Acts, rules, etc. made on or after the 1st day of November, 1956
The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the 2 State of Bombay passed, made or promulgated on or after the 1st day of November, 1956 and such provisions of this Act as relate to any notification, order, scheme, rule, by-law, or form shall apply also in relation to any notification, order, scheme, rule, by-law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date :
Provided that where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated on or after the 1st day of November, 1956 amends any Act, Regulation, O
1[1B. Extension of application of Acts, rules, etc. of State of Gujarat
The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the State of Gujarat passed, made or promulgated on or after the 1st day of May 1960 and such provisions of this Act as relate to any notification, order, scheme, rule, bylaw or form shall apply also in relation to any notification, order, scheme, rule, bylaw or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date :
Provided that, where any such Act, Regulation, Ordinance, notification, order, scheme, rule by-law or form passed, made or promulgated on or after that date amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed
The Bombay Acts mentioned in the Schedule are repealed to the extent specified in the fourth column thereof.
In this Act, and in all Bombay Acts 1 [or Gujarat Acts] made after the commencement of this Act, unless there is anything 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(XLV of 1860) ;
(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 shall extent also to illegal omissions ;
(3) affidavit shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ;
(4) barrister shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland ;
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The definitions in section 3 of the following words--that is to say, abet affidavit 1 [Bombay area of the State of Gujarat], 2 * * *, chapter 3 * * * , Collector Commissioner good faith4 * * **, 2 * * *, 5 * * * * * , Kutch area of the State of Bombay, immoveable property imprisonment Magistrate month moveable property oath Part person 6 [ pre-Re-organisation State of Bombay ], 7 [ Saurashtra area of the 8 State of Bombay] , 2 * * * Schedule section 6 [8 State of Bombay ], 9 [ State of Gujarat ], swear 6 [transferred territories], vessel9 *** ***** * , writing and year apply also, unless there is anything repugnant in the subject or context, to all Bombay Acts made before the commencement of this Act.
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1. These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.
5. Coming in to operation of Bombay act 1 [or Gujarat Acts]
2 [(1) Where any Bombay Act 1 [ or Gujarat Act ] is not expressed to come into operation on a particular day, then,
(i) in the case of a Bombay 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 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 as an Act in the Official Gazette ;
(ii) in the case of a Bombay Act 1 [or Gujarat 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,
In this Act, and in every Bombay Act 1[or Gujarat Act], made after the commencement of this Act, the date of such publication as is mentioned in section 5, sub-section (1), shall be printed above the title of the Act, and shall form part of the Act.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Where this Act, or any Bombay Act 1 [or Gujarat Act] made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, than, 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 investigatio
1[7A. Repeal of enactment making textual amendment in any Act
Where any Bombay Act 2 [or Gujarat Act] made after the commencement of this Act 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.]
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1. Section (7A)was inserted by Bombay 5 of 1948, section 3.
2. These words were substituted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
(1) In any Bombay Act 1[or Gujarat Act] made after the commencement of this 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.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
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1. These words were inserted by the Gujarat Adaptation Of Laws (State and Concurrent Subjects) Order, 1960.
Where this Act, or any Bombay Act 1[or Gujarat Act] made after the commencement of this 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.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
(1) In any Bombay Act 1[or Gujarat Act] made after the commencement of this 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".
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960 .
Where, by any Bombay Act 1[or Gujarat Act] made after the commencement of this 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 2Indian Limitation Act, 1877, applies.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2. See now the Indian Limitatio
In the measurement of any distance for the purpose of any Bombay Act 1[or Gujarat Act] made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
In all Bombay Acts 1[or Gujarat Act], unless there is anything repugnant in the subject or context,--
(a) words importing the masculine gender shall be taken to include females ; and
(b) words in the singular shall include the plural, and vice versa.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Where, by any Bombay Act 1[or Gujarat Act] made after the commencement of this Act, any power is conferred on2[any Government], then that power may be exercised from time to time as occasion requires.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2. The words "any Government" were substituted for the words "the Government" by the Adaptation of Indian Laws Order in Council.
Where, by any Bombay Act 1[or Gujarat Act] a power to appoint any person to fill any office or execute any function is conferred, then, unless it is other wise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Where, by any Bombay Act 1[or Gujarat Act] a power to make any appointment is conferred, then, unless a different intention appears, the authority having powers to make the appointment shall also have power to suspend or dismiss any person appointed by it in exercise of that power.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
(1) In any Bombay Act 1[or Gujarat Act] made after the commencement of this 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.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
(1) In any Bombay Act 1[or Gujarat Act] made after the commencement of this Act it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries of corporations having perpetual succession, to express its relation to the functionaries or corporations.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
(1) In any Bombay Act 1 [or Gujarat Act] made after the commencement of this 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 law fully performing the duties of that office in the place of their superior, to prescribe the duty of the superior.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
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1. These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.
20. Construction of orders, etc., issued under Bombay Acts1[or Gujarat Act]
Where, by any Bombay Act 1[or Gujarat Act], a power to issue any notification, order, scheme, rule, by-law or form is conferred, then expressions used in the notification, order, scheme, rule, by-law or form, if it is made after the commencement of this Act, shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the Act confering the power.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Where, by any B ombay Act1[or Gujarat Act], a power to issue notifications, ord ers, rules or by-laws is conferred, then that power includes a power, exercisable in the like manner and sub ject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, ord ers, rules or by-laws, so issued.
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1 . These words were inserted by the Gujarat Adaptation of Laws ( State and Concurrent Sub jects ) Ord er, 1960 .
22. Making of rules or by laws and issuing of orders between publication and commencement of Bombay Act1[or Gujarat Act]
Where, by any Bombay Act1[or Gujarat Act] which is not to come into operation on2[the passing thereof], a power is conferred to make rules or by-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 after2[the passing thereof], but rules, by laws, or orders so made or issued shall not take effect till the commencement of the Act.
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Where, in any Bombay Act 1[or Gujarat Act], or in any rule passed under any such Act, it is directed that any order, notification or other matter shall be notified or published, then such notification or publication shall, unless the enactment or rule otherwise provides, be deemed to be duly made if it is published in the 2[Official Gazette].
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2. The words "Official Gazette" were substituted for the words "Bombay Government Gazette", the Adaptation of Indian Laws Order in Council.
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Where, by any Bombay Act1[or Gujarat Act], a power to make rules or by laws is expressed to be given subject to the condition of the rules or by-laws being made after previous publication, then the following provisions shall apply, namely--
(a) the authority having power to make the rules, or by-laws shall, before making them, publish a draft of the proposed rules or by-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 the2[Central Government, or as the case may be, the3[State] Government] prescribes ;
(c) there shall be published with the draft a notice specifying a date on or after which the draft
Where any enactment is, after the commencement of this Act, repealed and re-enacted by a Bombay Act 1 [or Gujarat Act], with or without modification then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, by-law 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, notification, order, scheme, rule, by-law or form made or issued under the provisions so re-enacted.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects ) Order, 1960.
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 Bombay Act (XLV of 1860), or any rule or by-law made under any Bombay Act1[or Gujarat Act] (V of 18980, unless the Act, rule or by law contains an express provision to the contrary.
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1. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects ) Order, 1960.
Where an act or omission constitutes an offence under two or more enactments, 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 Bombay Act1[or Gujarat Act], made after the commencement of this 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, prepaying 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. These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects ) Order, 1960.
(1 ) In any Bombay Act1[or Gujarat Act] and in any rule, by-law, instrument or document made under, or with reference to, any Bombay Act1[or Gujarat 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 this Act, and in any Bombay Act1[or Gujarat Act] made after the commencement of this 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.
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Where any Act, rule or by-law made after the commencement of this Act continues or amends any Acts, rules or by-laws made before the commencement of this Act, the foregoing sections of this Act shall not by reason merely of such continuance or amendment affect the construction of such Acts, rules or by laws.
1[31. Application of Act to Ordinances and Regulation
The provisions of this Act shall apply--
(a) in relation to any Ordinance promulgated by the2Governor of Bombay under section 88 of the Government of India Act, 1935 , as they apply in relation to Bombay 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 Bombay 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 Bombay Acts made by the State Legislature :
Provided that
THE SCHEDULE
ENACTMENT SREPEALED
( See section 2 )
Year
No.
Title or Subject
Extent of repeal
1886
III
The Bombay General Clauses Act, 1886.
The whole 17[ except so much of 18Schedule B as relates to unrepealed enactments].
1891
I
An Act to amend the Bombay General Clauses Act, 1886.
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