BENGAL GENERAL CLAUSES ACT, 1899
This Act may be called the Bengal General Clauses Act, 1899.
Rep. by Act 1 of 1903. General definitions
In this Act, and in all Bengal Acts made after the commencement of this Act 11.Words ins. by the indian independence (adaptation of bengal and punjab Acts)Order,1948. [and in all West Bengal 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 done 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;
&
The definitions in section 3 of the following words, that is to say, "affidavit", "Magistrate", "month", "oath", and "swear", apply also, unless there is anything repugnant in the subject or context, to all Bengal Act, made between the first day of June, 1867, and the commencement of this Act.
In all Bengal Acts made between the first day of June, 1867, and the commencement of this Act, unless there is anything repugnant in the subject or context,
(1) "land" includes houses and buildings and corporeal hereditaments and tenements of any tenure, unless where there are words 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.
Sec. 5A ins. by Ben. Act 1 of 1940. 1313. Sub-sec. (1) subs. by the Adaptation of Laws Order, 1950.
(1) The definitions in section 3 of the General Clauses Act, 1897 (10 of 1897) of the expressions "British India", "Central Act", "Central Government", "Chief Controlling Revenue Authority", Chief Revenue Authority", "Constitution", "Gazette", "Government", "Government securities", "High Court", "India," "Indian Law", "Indian State", "merged territories", "Official Gazette", "Part A State", "Part B State", "Part C State", "Province", "Provincial Act", "Provincial Government", "State", "State Act", and "State Government" shall apply also unless there is anything repugnant in the subject or context to all Bengal and West Bengal Acts.
(2) In any Bengal Act 1414. Words ins. by the Indian Independ
Sub-sec. (1) subs. by the Adaptation of Laws Order, 1950. (1) Where any Bengal Act or West Bengal Act is not expressed to come into operation on a particular day,
(a) in the case of a Bengal Act or West Bengal 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 of Bengal, on the day on which it is first published as an Act in the Official Gazette;
(b) in the case of a West Bengal 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 Presiden
In this Act, and in every Bengal Act 1818. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal Act] made after the commencement of this Act, the date of such publication as is mentioned in section 6, 1919. Word, figure and brackets om. by the Government of India (Adaptation of Indian Laws) Order. 1937. * * * shall be printed above the title of the Act, and shall form part of the Act.
Where this Act, or any Bengal Act 1818. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal Act] made after the commencement of this 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
Sec. 8A ins. by Ben. Act 1 of 1940. Where any Bengal Act [or West Bengal Act] made after the commencement of this Act repeals any enactment by which the text of any former 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.
(1) In any Bengal Act [or West Bengal Act] made after the commencement of this Act it shall be necessary, for the purpose of reviving, either wholly or partially, an enactment wholly or partially repealed, expressly to state the purpose.
(2) This section applies also to all Bengal Acts made between the first day of June, 1867, and the commencement of this Act.
Where this Act, or any Bengal Act 2121. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [or West Bengal Act] made after the commencement of this Act, repeals and re-enacts with or without modifications, 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 Bengal Act 2121. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [or West Bengal 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 on any other period of time, to use the word "to".
Where, by any Bengal Act 2121. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [or West Bengal 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 Indian Limitation Act, 2222. Figures subs. by Ben. Act 1 of 1939. [1908], applies.
In the measurement of any distance for the purposes of any Bengal Act 22a22a. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal 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.
In all Bengal Acts 22a22a. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [and West Bengal 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.
Rep. by the Adaptation of Laws Order, 1950.
Where, by any Bengal Act 22a22a. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal Act] made after the commencement of this Act, any power is conferred 2323. Words subs. by Ben. Act 1 of 1940. [then, unless a different intention appearsl that power may be exercised from time to time as occasion requires.
Where, by any Bengal Act 2424. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal 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, if it is made after the commencement of this Act, may be made either by name or by virtue of office.
Where, by any Bengal Act 2424. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal 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.
In any Bengal Act 2424. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal 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.
In any Bengal Act 2424. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal 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 or of corporations having perpetual succession, to express its relation to the functionaries or corporations.
In any Bengal Act 24a24a. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [or West Bengal 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 lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior. Provisions as to orders, rules, etc., made under enactments.
Where, by any Bengal Act 24a24a. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [or West Bengal Act], a power to issue any order, scheme, rule, by-law, notification or form is conferred, then expressions used in the order, scheme, rule, by-law, notification 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 conferring the power.
Where, by any Bengal Act 24a24a. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [or West Bengal Act], a power to 2525. Word subs. by Ben. Act 1 of 1940. [issue] orders, rules, by-laws, or notifications 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 orders, rules, by-laws or notifications so 2525. Word subs. by Ben. Act 1 of 1940. [issued].
Where, by any Bengal Act 24a24a. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948. [or West Bengal Act], which is not to come into operation 2626. Words subs. by the Government of India (Adaptation of Indian Laws) Order, 1937. [immediately on 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 to be exercised at any time 26a26a. Words subs. by the Government of Indla (Adaptation of Indian Laws) Order, 1937. [after the passing of the Act], but rules, by-laws or orders so made or issued shall not take effect till the comm
Where, by any Bengal Act 2727. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal 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 pervious publication, then the following provisions shall apply namely:
(1) 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;
(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 the 2828. Words subs. by the Government of India (Adaptation of Indian Laws) Order,
Where any enactment is, after the commencement of this Act, repealed and re-enacted by a Bengal Act 3030. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal Act] with or without modification, then, unless it is otherwise expressly provided, any 3131. Words ins. by Act 1 of 1903. [appointment], order, scheme, rule, by-law, notification or form 3131. Words ins. by Act 1 of 1903. [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 3131. Words ins. by Act 1 of 1903. [made or] issued under the provisions so re-enacted, unless and until it is superseded by any 3131. Words ins. by Act 1 of 1903. [appointment], order, scheme, rule, by-law, notification or form 3131. Words ins. by Act 1 of 1903. [made or] issued 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 Bengal Act 3030. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal Act] or any rule or by-law made under any Bengal Act 3030. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal Act], unless the Act, rule or by-law contains an express provision to the contrary.
Where an act or omission constitutes on 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 Bengal Act 3232. Words Ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal 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.
(1) In any Bengal Act 3333. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal Act], and in any rule, by-law, instrument or document made under, or with reference to any Bengal Act 3333. Words ins. by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [or West Bengal 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 Bengal Act [or West Bengal Act], made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appears,
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.
Sec. 31 first ins. by the Government of India (Adaptation of Indian Laws) Order, 1973, then subs. by the Adaptation of Laws Order, 1950. The provisions of this Act shall apply,
(a) in relation to any Eastern Bengal and Assam Act as in force in West Bengal and any Regulation made by the Governor under section 92 of the Government of India Act, 1935, as they apply in relation to a Bengal Act or West Bengal Act made by the Provincial Legislature, and in relation to any Ordinance promulgated by the Governor of Bengal under section 88 or section 89 of the said Act or by the Governor of West Bengal under section 88 of the said Act, as they apply in relation to a Bengal Act made under the said Act by the Governor; and
(b) in relation to any Ordinance promulgated by the Governor under article 213 o
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
