MADHYA PRADESH GENERAL CLAUSES ACT, 1957
(1) This Act may be cited as the Madhya Pradesh General Clauses Act, 1957.
(2) This Act shall be deemed to have come into force on the 1st day of November, 1956.
In this Act and in all Madhya Pradesh enactments, unless there is anything repugnant in the subject or context :--
(1) "abet" with its grammatical variations and cognate expressions, has the same meaning as in the Indian Penal Code (XLV of 1860);
(2) "act" used with reference to an offence of civil wrong, denotes a series of acts as well as a single act, and words which refer to acts done extend also to illegal omissions;
(3) "affidavit" includes affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(4) "appointed day" means the 1st day of November, 1956;
(5) "chapter" means a chapter of the Act, Ordinance or Regulation in which the word occurs;
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(1) Where any Madhya Pradesh Act is not expressed to come into operation on a particular day, then, it shall come into force if it is an Act of the Legislature, on the day on which the assent thereto of the Governor, or the President, as the case may require, is first published in the Official Gazette.
(2) Unless the contrary intention is expressed, a Madhya Pradesh Act shall be construed as coming into force immediately on the expiration of the day preceding its commencement.
The marginal note appearing against any section of Madhya Pradesh Act and the reference to the number and date of any former law cited by its short title in any such section shall not form part of the said Act.
In all Madhya Pradesh Acts, unless a different intention appears :--
(a) words importing the masculine gender shall be taken to include females; and
(b) words in the singular shall include the plural, and words in the plural shall include the singular.
In any Madhya Pradesh Act, it shall be sufficient, for the purpose of excluding the first of 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".
Where, by any Madhya Pradesh 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 specified period, then if the Court or Office is closed on that day or the last day of the specified 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 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, 19081 (IX of 1908) applies.
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1. See now the Limitation Act, 1963 (No. 36 of 1963).
Any act done by any authority, whether judicial or executive on a day which is a public holiday shall not be invalid by reason only of its having been done on that day.
In the measurement of any distance for the purpose of any Madhya Pradesh Act that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.
1[REPEAL AND EXPIRATION OF ENACTMENTS]
10. Effect of repeal.--
Where any Madhya Pradesh Act repeals any enactment 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 there under; 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
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1[10-A. Effect of expiration by efflux of time.--
Where any Madhya Pradesh Act which is to be in operation for a specified period ceases to have effect on the expiration of the period of operation fixed in respect thereof, then, unless a different intention appears, the provisions of Section 10 shall apply in respect of such expiration as if the expiring Act were repealed on the date of its expiration.]
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1. Inserted by Section 4 of Madhya Pradesh Act No. 6 of 1960.
Where any Madhya Pradesh Act repeals any enactment by which the text of any such 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.
In any Madhya Pradesh 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.
Where any Madhya Pradesh 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.
Where, by any enactment, any power is conferred or a duty is imposed, then unless a different intention appears, that power may be exercised and that duty shall be performed from time to time, as occasion requires.
Where, by any enactment, 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.
Where, by any enactment, a power to make any appointment is conferred, then unless a different intention appears, the authority for the time being 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 enactment it shall be sufficient, for the purpose of indicating the application of the 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 enactment 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 enactment 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 duties of the superior.
Where, in any Madhya Pradesh Act, a power to issue any notification, order, scheme, rule, form or bye-law is conferred then, expressions used in the notification, order, scheme, rule, form or bye-law, shall, unless a different intention appears, have the same respective meanings as in the Act conferring the power.
Where, by any Madhya Pradesh Act, a power to issue notification, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanctions and conditions, if any, to add to, amend, vary or rescind any notifications, orders, rules or bye laws, so issued.
Where, by any Madhya Pradesh Act which is not to come into force immediately 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 there under, or with respect to the person by whom or which, the time when, or the place where, or the manner in which, or the fees for anything is to be done under the Act, then that power may be exercised at any time after the passing of the Act, but rules, bye-laws or orders so made or issued shall not take effect till the commencement of the Act:
Provided that when all the provisions contained in any such Act do not come into force simultaneously, the rules, bye-laws or orders so made or issued shall not take effect till the commencement of the provisions with respect
Where, in any Madhya Pradesh Act or any rule made 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 Official Gazette.
Where, by any Madhya Pradesh Act, a power to make rules or bye-laws is expressed to be given subject to the conditions 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, publish a draft of the proposed rules or bye-laws for the information of persons likely to be effected 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 Government prescribes;
(c) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;
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1[24-A. Laying of rules on table of Assembly.--
Where, in any Madhya Pradesh Act, it is directed that a rule shall be laid on the table of the Legislative Assembly, then such rule shall be laid, as soon as may be after it is made, before the Legislative Assembly for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session in which the said period expires the Legislative Assembly adopts a resolution that such a rule should not be made or that any modification be made therein, the rule shall thereafter be of no effect or have effect only in the modified form, as the case may be :
Provided that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
Where any enactment is repealed and re-enacted by a Madhya Pradesh Act with or without modification then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, regulation, form or bye-law 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, regulation, form or bye-law made or issued under the provisions so re-enacted.
Sections 63 to 70 of the Indian Penal Code (XLV of 1860) and the provisions of the Code of Criminal Procedure, 18981 (V of 1898) in relation to the issue and the execution of warrants for the levy of fines, shall apply to all fines imposed under any Madhya Pradesh Act or any rule or bye-law made under any Madhya Pradesh Act, unless the Act, rule or bye-law, contains an express provision to the contrary.
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1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
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 prosecuted and punished twice for the same offence.
Where any Madhya Pradesh 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, preparing 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 Madhya Pradesh Act, and in any rule, bye-law, instrument or document made under or with reference to any Madhya Pradesh 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) Any such citation of, or reference to, any enactment shall, unless a different intention appears, be deemed to be a citation of, or reference to, such enactment.
(3) In this Act, and in any Madhya Pradesh 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
Where after commencement of this Act, any Madhya Pradesh Act, Madhya Bharat Act, Vindhya Pradesh Ordinance, Vindhya Pradesh Act, Bhopal Act or Rajasthan law is repealed or amended then, notwithstanding anything contained in the foregoing provisions of this Act, the provisions of--
(1) The C.P and Berar General Clauses Act, 1914 (I of 1914);
(2) The Madhya Bharat General Clauses Act, 1950 (84 of 1950);
(3) The Vindhya Pradesh General Clauses Act, 1953 (VI of 1953);
(4) The Bhopal General Clauses Act, 1931 (III of 1931); or
(5) The Rajasthan General Clauses Act, 1955 (8 of 1955);
as the case may be, shall, unless otherwise expressly provided in the Repealing or A
The provisions of this Act shall apply, unless there is anything repugnant in the subject or context--
(a) to any Ordinance or Regulation as they apply in relation to Madhya Pradesh Acts :
Provided that sub-section (1) of Section 3 of this Act shall apply to any Ordinance or Regulation as if for the reference in the said sub-section (1) to the day of the first publication of the assent to an Act in the Official Gazette there were substituted a reference to the day of the first publication of the Ordinance or the Regulation, as the case may be, in that Gazette;
(b) to the construction of rules, regulations, bye-laws, orders, notifications, schemes or forms made or issued under a Madhya Pradesh Act.
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