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BOMBAY GENERAL CLAUSES ACT, 1904
This Act may be called the Bombay General Clauses Act, 1904.
3 (1) 1. Inserted by Bombay 24 of 1957.[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 3 (2) 2. This word stand unmodified by Gujarat A.O. 1960.State of Bombay passed, made or promulgated on or after the 1st day of November, 1946 and such provisions of this Act as relate to any notification, order, scheme, rule, bye-law, or form shall apply also In relation to any notification, order, scheme, rule, bye-law, or form issued 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, bye-law or form passed, made or promulgated on or after the 1st day of November, 1956 amends any Act, Regulation, Ordinance, notification, order, scheme, rule, bye-law or form passed, made or promulgated before that date in relation to the territories transferred t
3 (2) 2. These words stands unmodified by Gujarat A.O. 1960.[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, bye-law, or form shall apply also in relation to any notification, order, scheme, rule, bye- 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, bye-law or form passed, made or promulgated on or after that date amends any Act. Regulation, Ordinance, notification, order, scheme, rule, bye-law or form passed, made or promulgated in relation to any territory of the State of Gujarat, not being the Bombay area of that State, the law in forc
The Bombay Acts mentioned in the Schedule are repealed to the extent specified in the column thereof.
In this Act, and in all Bombay Acts [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, 1860 (Central Act XLV of 1860).
(2) "Act" '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" "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing:
(4) "Barrister" 'barrister" shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland:
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The Bombay General Clauses Act, 1904, serves as a foundational legislative framework for interpreting various laws enacted in the Bombay region. Section 3 of this Act provides essential definitions that are crucial for understanding the terms used in subsequent legislation. This commentary focuses on the implications and interpretations of Section 3, particularly in relation to the definitions of "local authority," "person," and other relevant terms.
Section 3 of the Bombay General Clauses Act, 1904, contains definitions for various terms used in the Act and other Bombay Acts. It establishes a uniform understanding of these terms, which is essential for legal clarity and consistency in interpretation.
The scope of Section 3 is broad, as it aims to provide clarity on terms that are frequently used in legislative texts. This section is particularly significant for legal practitioners, lawmakers, and courts, as it aids in the interpretation of various statutes.
Section 3 itself does not prescribe any punishments; rather, it serves as a definitional framework. The consequences of misinterpretation of terms defined in this section would depend on the specific provisions of the relevant Acts that utilize these definitions.
This commentary highlights the importance of Section 3 of the Bombay General Clauses Act, 1904, in providing a foundational understanding of key legal terms that shape the interpretation and application of various laws in the Bombay region.
The definitions in (section 3) of the following words -that is to say, "abet", "affidavit" 3 (1) 1. Inserted by Gujarat A.O. 1960.[Bombay area of the State of Gujarat] 3 (2) 2. The words "British India". "Government of India" and "Presidency of Bombay" were omitted by A.O. in Council.[x x x] "Chapter" 3 (3) 3. The words "City of Bombay" were omitted by Gujarat A.O. 1960.[x x x], "Collector", "Commissioner", "good faith", 3 (4) 4. Inserted by Bombay 17 of 1945.[Greater Bombay] 3 (5) 5. The words "British India", "Government of India" and "Presidency of Bombay" were omitted by A.O. in Council.[x x x] 3 (6) 6. Delete by Gujarat A.O. 1960.[x x x] Kutch area of the State of Bombay 3 (7) 7. Inserted by Gujarat A.O. 1960.[State of Gujarat] "Immovable property", "Imprisonment", "Magistrate", 'month", "moveable property", "oath", "Part", "person", 3 (8) 8. Inserted by Bombay A.O. 1956.[pre-Re-organisation State of Bombay), 3 (9) 9. Inserted by Bombay A.O. 1956 amended by Bomb
3 (1) 1. Substituted by A.O. 1950.[(1) Where any Bombay 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 General or His Majesty, as the case may require, is first published in the Official Gazette, and, if 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 3 (2) 2. Inserted by Gujarat A.O. 1960.
[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 President, as the case may require, is firs
In this Act, and in every Bombay Act, 3 (1) 1. Inserted by Gujarat A.O. 1960.[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.
Where this Act, or any Bombay act 3 (1) 1. Inserted by Gujarat A.O. 1960.[or Gujarat Act] made after the commencement of this Act, repeals any enactment hitherto to be made, here after to be made, then, unless a different intention appears, the repeal shall not- (a) revive anything 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 investigation, legal pro
3 (1) 1. Inserted by Bombay 5 of 1948.[ Where any Bombay Act 3 (2) 2. Inserted by Gujarat Adaptation of Laws...Order, 1960.[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 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.]
Section 7(A) of the Bombay General Clauses Act, 1904, deals with the repeal of enactments and the effect of such repeal on rights, obligations, and pending proceedings. It provides specific provisions concerning the continuation or revival of rights and legal processes after the repeal of laws, especially when textual amendments or statutory repeals occur.
Section 7(A) states that upon repeal of an enactment, unless a different intention appears, the repeal:- Does not revive anything not in force or existing at the time the repeal takes effect.- Does not affect the previous operation of the repealed enactment or anything duly done or suffered thereunder.- Ensures that rights, privileges, obligations, or liabilities acquired or incurred under the repealed law are preserved.- Continues the effect of pending proceedings or legal actions initiated under the repealed law.
Section 7(A) broadly covers:- The effect of repeal on existing rights and liabilities.- The continuation of proceedings initiated under the repealed law.- The interpretation of legislative intent regarding the effect of repeal.- It does not revive laws or rights that were not in force at the time of repeal.- It is applicable to all laws repealed, including statutes, regulations, and legal proceedings.
Section 7(A) itself does not prescribe any punishment. It is a rule of construction and legal effect, guiding courts and authorities in interpreting the consequences of repealing laws and ensuring legal stability and continuity of rights and proceedings.
This concise commentary synthesizes the key legal principles and judicial interpretations related to Section 7(A) of the Bombay General Clauses Act, 1904, emphasizing its role in maintaining legal continuity post-repeal.
(1) In any Bombay Act 3 (1) 1. Inserted by Gujarat A.O. 1960.[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.
Where this Act, or any Bombay Act ^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 to 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.
(1) In any Bombay Act 3 (1) 1. Ins, by Gujarat A.O. 1960.[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.
Where, by any Bombay Act 3 (1) 1. Inserted by Gujarat A.O. 1960.[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 Curt 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 purpose of any Bombay Act 3 (1) 1. Inserted by Gujarat A.O. 1960. 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.
in all Bombay Acts, 3 (2) 2. Inserted by Gujarat A.O, 1960. [or Gujarat Acts] 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.
Where, by any Bombay Act 3 (1) 1. Inserted by Gujarat A.O. 1960.or Gujarat Act] made after the commencement of this Act power is conferred on 3 (2) 2. Substituted by Adaptation of Indian Laws Order in Council.[any Government), then that power may be exercised from time to time as occasion requires.
Where by any Bombay Act 3 (1) 1. Inserted by Gujarat A.O. 1960.[or Gujarat Act) a power to appoint any person to fill 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 Bombay Act 3 (1) 1. Inserted by Gujarat A.O. 1960.[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.
(1) In any Bombay Act 3 (1) 1. Inserted by Gujarat A.O. 1960. [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.
This section applies also to all Bombay Acts made before the commencement of this Act.(1) In any Bombay Act 3 (2) 2. Inserted by Gujarat A.O. 1960. 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 or of corporations having perpetual succession, to express its relation to the functionaries or corporations.
(1) In any Bombay Act 3 (3) 3. Inserted by Gujarat A.O. 1960.[or Gujarat Act] made after the commencement of this Act It shall be sufficient, for the purpose of expressing that a law relative of 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. This section applies also to all Bombay Acts made before the commencement of this Act.
Where, by any Bombay Act, 3 (2) 2. Inserted by Gujarat A.O. 1960.[or Gujarat Act] a power to issue any notification, order, scheme, rule, bye-law or form is conferred, then expressions used In the notification, order, scheme, rule, bye-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 conferring the power.
Where, by any Bombay Act, 3 (3) 3. Inserted by Gujarat A.O. 1960. Gujarat Act] a power to issue notifications, orders, rules, bye- laws 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, rules or bye-law, so Issued.
Where, by any Bombay Act 3 (2) 2. Inserted by Gujarat A.O. 1960.or Gujarat Act] which is not to come into operation 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 thereof), but rules, bye-laws, or orders so made or issued shall not take effect till the commencement of the Act.
Where, in any Bombay Act, 3 (1) 1. Inserted by Gujarat A.O. 1960.[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 3 (2) 2. Substituted by A.O. 1950."[Official Gazette].
Where, by any Bombay Act, 3 (3) 3. Inserted by Gujarat A.O. 1960. [or Gujarat 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:- (a) the authority having power to make the rules, or bye-laws shall, before making them, published a draft of the proposed rules or bye-laws for the Information of persons likely be affected thereby:
(b) the application 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) there shall be published with the draft a notice specifying a date on or after which the draft will
Where any enactment is, after the commencement of this Acts repealed and re-enacted by a Bombay Act, 3 (1) 1. Inserted by Gujarat A. O . 1960.[or Gujarat Act) with or without modification then unless It Is otherwise expressly provided, any appointment, notification, order, scheme, rule, bye-law or form made or issued under the repealed enactment shall, so far as 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 reenacted.
(Sections 63 to 70 of the Indian Penal Code) (Central Act), and the provisions of the Code of Criminal Procedure (XLV of 1860) 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 (V of 1898) or any rule or bye-law made under any Bombay Act. 3 (1) 1. Inserted by Gujarat A.O. 1960.[or Gujarat Act unless the Act, rule or bye law contains an express provision to the contrary.
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 enactment, but shall not be liable to be punished twice for the same offence.
Where any Bombay Act. 3 (1) 1. Inserted by Gujarat A.O. 1960. [or Gujarat Act] made after the commencement of this Act authorises 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 Bombay Act 3 (1) 1. Inserted by Gujarat A.O. 1960.[or Gujarat Act] and in any rule, bye-law, instrument or document made under, or with reference to, any Bombay Act, 3 (2) 2. Inserted by Gujarat A.O. 1960.[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 Act for 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 descripti
Where any Act, rule or bye-law 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 continuance or amendment affect the construction of such Acts, rules or bye-laws.
3 (4) 4. Substituted by A.O. 1950.[The provisions of this Act shall apply- (a) In relation to any Ordinance promulgated by the (Governor 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 clause (ii) of sub-section (1) of (section 5)
of this Act s
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