BIHAR AND ORISSA GENERAL CLAUSES ACT, 1917
This Act may be called the Bihar and Orissa General Clauses Act, 1917.
The Bengal Genera1 Clauses Act, 1899, so far as it applies to Bihar and Orissa, is hereby repealed. .
The provisions of Sections 4, and 6 to 32 shall apply to this Act, and shall apply, and shall be deemed always to have applied, to all Bihar and Orissa Acts, made whether before or after the commencement of this Act.
In all Bihar and Orissa Acts, 1[and Bihar Acts] 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;
(2) "Act" used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts ~one, shall extend 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 its Scotland;
(5) "Bengal Act" shall mean an Act made by the Lieute
In any Bengal Act made between the· first day of June, 1867, and the eighteenth day of January, 1899, which is still in force in Bihar and Orissa, unless there is anything repugnant in the subject or context,-
(1) "land" includes houses and buildings and corporeal here determents and tenements of any tenure, unless where there are word to exclude houses and buildings or to restrict the meaning to tenements of some particular tenure; and
(2) "person" includes any incorporated company or incorporated association of persons. .
In any Bengal Act or Bihar and Orissa Act or Bihar Act, references, by whatever form of words, to revenues of the State Government shall be construed as rl3ferences to the Consolidated Fund of the State of Bihar.]
1, Ins. by Act 18, of 1954.
General rules of construction
(1) Where any Bihar and Orissa Act 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-Generna1 is first published in the 2[Official Gazette] in pursuance of Section 81 of the Government of India Act, 1915.
2. Subs. by A.O.
3[(1-A) Where any Bihar Act is not expressed to come into operation on a particular day-
3. Subs. by A.L.O, 4. Ins. by A.O,
(i) in the case of a Bihar 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, an
In every Bihar and Orissa Act 1[or Bihar Act] the date of such publication as is mentioned in Section 6, sub-section (1), shall be printed either above or below the title of the Act and shall form part of the Act.
1, Ins. by Act 18, of 1954.
Where any Bihar and Orissa Act 1[or Bihar Act] repeals any enactment hitherto made, or hereafter to be made, then, unless a different intention appears, the repeal shall not, -
1. Ins. by A.O.
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) after 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, for feature or punishment incurred in respect of any offence committed against any enactment so repealed; or
(e) affect any
Where any Bihar Act made after the commencement of this Act repeals any enactment by which the text of any Bihar Act or any Bihar and Orissa Act or any Bengal Act was amended by the express omission, insertion or substitution or 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.]
2. Ins. by Act 1 of 1939.
In any Bihar and Orissa Act 1[or Bihar 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.
1. Ins. by A.O.
Where any Bihar and Orissa Act 1[or Bihar Act] repeals and re-enacts, with or without modification, any provision of a former enactment, references in any other enactment or in any instrument to the provision so repealed, shall, unless a different intention appears, be references to the provision so re-enacted.
1. Ins. by A.O.
In any Bihar and Orissa Act 1[or Bihar 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 wood "from" and for the purpose of including the last in series of days or any other period of time to use the word "to".
1. Ins. by A.O.
Where, by any Bihar and Orissa Act 1[or Bihar Act], any act of 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 other 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:
1. Ins. by A.O.
Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1908]1, applies.
1. See now Limitation Act, 1963.
In the measurement of any distance, for the purposes of any Bihar and Orissa Act 2[or Bihar Act] that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.
2. Ins. by A.D.
Where by any enactment now in force or hereafter to be in force, any duty of customs or excise, or in the nature thereof, is livable on any given quantity, by weight, measure or value of any goods or merchandize, then a like duty is livable according to the same rate on any greater or less quantity.
In all Bihar and Orissa Act 2[or Bihar Act], unless there is anything repugnant in the subject or context,
2. Ins. by A.D.
(1) words importing the masculine gender shall be taken to include females;and
(2)words in the singular shall include plural, and vice ·versa.
Powers and Functionaries
Where a Bihar and Orissa Act 2[or Bihar Act] confers a'power or imposes a duty that the power may be exercised and the duty shall be performed from time to time as occasion requires.
2. Ins. by A.D.
Where a Bihar and Orissa Act 2[or Bihar 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.
2. Ins. by A.D.
Where, by a Bihar and Orissa Act, 2[or Bihar Act] a 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.
2. Ins. by A.D.
Where, by any Bihar and Orissa Act 2[or Bihar Act] a power to make any appointment is conferred then, unless a different intention appears, the authority having power to make the appointment shall also have power to suspend or dismiss any person appointed by it in exercise of that power.
2. Ins. by A.D.
In any Bihar and Orissa Act 1[or Bihar Act] it shall be sufficient, for the purpose of indicating the application of a law to every person or a 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.
1. Ins. by A.O.
In any Bihar and Orissa Act 1[or Bihar Act] it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations.
1. Ins. by A.O.
In any Bihar and Orissa Act 1[or Bihar 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.
1. Ins. by A.O.
Provisions as to Orders, Rules, etc., made under enactments
Where, by any Bihar and Orissa Act 1[or Bihar Act] a power to make or issue any notification, order, scheme, rule, by-law or form is conferred, the expressions used in the notification, order, scheme, rule, by-law or form, shall, unless there is anything repugnant in the subject or context have the same respective meanings as in the Act conferring the power.
1. Ins. by A.O.
Where, by any Bihar and Orissa Act 1[or Bihar Act] a power to make or issue notifications, orders, schemes, rules, by-laws or 'forms, 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 to, amend, vary or rescind any notifications, orders, schemes, rules, bye-laws or forms so made or issued.
1. Ins. by A.O.
Where, by any Bihar and Orissa Act 1[or Bihar Act] which is not to come into operation on 2[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 any time after 2[the passing therein, but rules, by-laws or orders so made or issued shall not take effect till the commencement of the Act.
1. Ins. by A.D.
2. Subs. for "the day on which 'the assent thereto of the Governor-General is first published in the Gazette' by ibid.
Where, by any Bihar and Orissa Act 1[or Bihar 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-
1. Ins. by A.D.
(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 that authority deems to be sufficient or, if the condition with respect to previous publication so requires, in such manner as 3[the Government concerned] prescribes;
3. Subs. for 'the assent of the Governor-General has been published as
Where any enactment is repealed and re-enacted by a Bihar and Orissa Act 1[or Bihar Act] with or without modification then unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, bye-laws or form, made or issued under the repealed enactment, shall. so for 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, bye-law or form, made or issued under the provisions so re-enacted.
1. Ins. by A.D.
Where in any Bihar and Orissa Act 1[or Bihar Act] or in any rule made under any such Act. it is directed that any order, notification or other matter shall be notified or published, such notification or other matter shall, unless the Act otherwise provides, be deemed to be duly made if it is published in the 2[Official Gazette]. .
1. Ins. by A.C. 2. Subs, by A.C.
2. Subs by A.O.
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 Bihar and Orissa Act 1[or Bihar Act] or any rule or bye-law made under any Bihar and Orissa Act 1[or Bihar Act] unless' the Act, rule or bye-law contains an express provision to the contrary.
1. Ins. by A.C. 2. Subs, by A.C.
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 liable to be punished twice for the same offence.
Where any Bihar and Orissa Act 1[or Bihar 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.
1. Ins. by A.C. 2. Subs, by A.C.
(1) In any Bihar and Orissa Act 1[or Bihar Act] and in any rule; bye-law, instrument or document, made under, or with reference to, any Bihar and Orissa Act 1[or Bihar 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.
1. Ins. by A.O.
(2) In any Bihar and Orissa Act 1[or Bihar 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.
&n
Where any Act. Rule or bye-laws made after the commencement of this Act continues or amends any Acts, rules or bye-laws made before the commencement of this Act the foregoing sections of this Act shall not by reason merely of such amendment affect the construction of such Acts rules or bye-laws.
The provisions of this Act shall apply
2. Subs. by A.L.O.
(a) in relation to any Ordinance promulgated by the Governor under Section 88 or Section 89 of the Government of India Act, 1935 as they apply in relation to Bihar 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 Bihar Acts made by the Provincial Legislature; and
(b) in relation to any Ordinance promulgated by the Governor under Art. 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 Bihar Acts made by the State Legislature:
Provided that clause (ii) of sub-section (1-a) of Sect
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