The Maharashtra General Clauses Act.
This Act may be called 1[the Maharashtra General Clauses Act.]
1[1-A. 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 2State 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, bylaw or form passed, made or promulgated on or after the 1st day of November 1956 amends any Act, Regulation, Ordinance, notification
1[1B. Extension of application of Act to Acts, rules, etc., of State of Maharashtra.- 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 Maharashtra 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, by-law 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, bylaw 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, made or prom
The Bombay Acts mentioned in the Schedule are repealed to the extent specified in the fourth column thereof.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 Maharashtra Acts] made after the commencement of this Act, unless there is anything repugnant in the subject or context,-
(1) Abet.- "abet" with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (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
The definitions in section 3 of the following words- that is to say, "abet", "affidavit", 1* * 2[Bombay area of the State of Maharashtra] "Chapter", "City of Bombay", "Collector", "Commissioner", "good faith", 3["Greater Bombay", 4* * *, 5[Hyderabad area of the 6[State of Bombay]], 7* * * * "immoveable property", "Magistrate", "month", "moveable property", "oath", "part", "person", 8[pre-reorganisation 9[State of Bombay]], 10[* *5. Coming into operation of Bombay Acts 1[or Maharashtra Acts.].- 2[(1) Where any Bombay Act 3[or Maharashtra 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 4[or Maharashtra Act] made after
In this Act, and in every Bombay Act 1[or Maharashtra 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 1[or Maharashtra Act], made after the commencement of this Act, repeals any enactment thereto 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
1[7A. Repeal of enactment making textual amendment in any Act.- Where any Bombay Act 2[or Maharashtra 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].
(1) In any Bombay Act 1[or Maharashtra 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 1[or Maharashtra Act] made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then reference in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as reference to the provision so re-enacted.
(1) In any Bombay Act 1[or Maharashtra 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 1[or Maharashtra 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.
In the measurement of any distance for the purpose of any Bombay Act 1[or Maharashtra 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 Act 1[or Maharashtra 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.
Where, by any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act any power is conferred on 2[any Government], then that power may be exercised from time to time as occasion requires.
Where, by any Bombay Act 1[or Maharashtra 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 Bombay Act 1[or Maharashtra 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.
(1) In any Bombay Act 1[or Maharashtra 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.
(1) In any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act is 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.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
(1) In any Bombay Act 1[or Maharashtra 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.
(2) This section applies also to all Bombay Acts made before the commencement of this Act.
20. Construction of orders, etc., issued under Bombay Acts 1[or Maharashtra Acts].- Where, by any Bombay Act 2[or Maharashtra Act], a power to issue any notification, order, scheme, rule, bylaw or form is conferred, then expression 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 conferring the power.
Where, by any Bombay Act 1[or Maharashtra Act], a power to issue notifications, orders, rules or by-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 by-laws, so issued.
22. Making of rules or by-laws and issuing of orders between publication and commencement of Bombay Act 1[or Maharashtra Act.].- Where, by any Bombay Act 2[or Maharashtra Act], which is not to come into operation on 3[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 anytime after 4[the passing thereof], but rules, by-laws or orders so made or issued shall not take effect till the commencement of the Act.
Where, in any Bombay Act 1[or Maharashtra 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].
Where, by any Bombay Act 1[or Maharashtra 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 the 2[Central Government, or as the case may be, the 3[State] Government] prescribes;
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Where any enactment is, after the commencement of this Act, repealed and re-enacted by a Bombay Act 1[or Maharashtra 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.
Sections 63 to 70 of the 1Indian 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 2[or Maharashtra Act], or any rule or by-law made under any Bombay Act 3[or Maharashtra Act], unless the Act, rule or by-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 enactments, but shall not be liable to be punished twice for the same offence.
Where any Bombay Act 1[or Maharashtra 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 Bombay Act 1[or Maharashtra Act], and in any rule, by-law, instrument or document made under, or with reference to, any Bombay Act 2[or Maharashtra 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 3[or Maharashtra 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 reference to as forming the beginning and as forming the end of the portion comprised in description or citation.
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 reasons merely of such continuance or amendment affect the construction of such Acts, rules or by-laws.
1[31. Application of Act to Ordinances and Regulations.- The provisions of this Act shall apply-
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