S.1 Short title and commencement

(1) This Act may be called the Rajasthan GeneralClauses Act, 1955.

S.2 Repeal

The Jaipur General Clauses Act, 1944, the Alwar State General Clauses Act, 1944, the Mewar General Clauses Act, 1945, the Marwar General Clauses Act, 1948 and other corresponding laws ² [in force in the Covenanting States or in the Ajmer area or in the Abu area or in the Sunel area] are hereby repealed.

S.3 References to General Clauses Act, 1897

References made in any Rajasthan law to, or to the provisions of the General Clauses Act, 1897 (Act X of 1897) of the Central Legislature shall be deemed to be references to, or to the corresponding provisions of this Act.

S.4 Application

Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this Act shall apply-

S.5 Coming into operation of Rajasthan laws

(1) Where any Rajasthan law made after the ⁴[first day of November, 1956] is not expressed to come into operation on a particular day, then it shall come into operation-

S.6 Effect of Repeal

(1) Where any Rajasthan law repeals any enactment hitherto made or hereafter to be made, then unless a different intention appears the repeal shall not-

S.7 Repeal of laws of making textual amendment

Where any Rajasthan law repeals any enactment by which the text of any law 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different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.

S.8 Revival of repealed enactment

In any Rajasthan law 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Act, it shall be necessary for the purpose of reviving, either wholly or partially, any enactment, wholly or partially repealed, expressly to state that purpose.

S.9 Construction of references to repealed enactments

Where any Rajasthan law repeals and re-enacts, with or without modification, any former enactment or any provision thereof, then references in any other enactment or in any instrument to the enactment or provision so repealed shall, unless a different intention appears, be construed as references to the enactment or provision, as the case may be, so re-enacted.

S.10 Commencement and termination of time

In any Rajasthan law 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".

S.11 Computation of time

Where, by any Rajasthan law, 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 the 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:

S.12 Measurement of distances

In the measurement of any distance for the purposes of any Rajasthan law, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.

S.13 Duty to be taken prorata

Where, by any Rajasthan law, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandise, then a like duty is leviable according to the same rate on any greater or less quantity.

S.14 Gender and number

In all Rajasthan laws, unless a different intention appears,-

S.15 Power or duty to be exercisable from time to time

Where, by any Rajasthan law, any power is conferred or any 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.

S.16 Exercise of power and performance of duty by temporary holder of office

Where a Rajasthan law 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.

S.17 Power to appoint to include power to appoint ex officio

Where by any Rajasthan law, 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.

S.18 Power to appoint to include power to suspend, remove or dismiss

Where, by any Rajasthan law, a power to make any appointment is conferred, then, unless a different intention appears, the authority having for the time being power to make the appointment shall also have power to suspend, remove or dismiss any person appointed by itself or any other authority in exercise of that power.

S.19 Substitution of functionaries

In any Rajasthan law, it shall be sufficient, for the purpose of indicating the application of 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.

S.20 Successors

In any Rajasthan law, it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries or corporations having perpetual succession, to express its relation to the functionaries or corporations.

S.21 Official Chief and Subordinate

In any Rajasthan law, 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.

S.22 Construction of notifications, orders, etc. issued or made under enactments

Where, by any Rajasthan law, a power to issue or make any notification, order, scheme, rule, regulation, form or bye-law is conferred, then the expressions used in the notification, order, scheme, rule, regulation, form or bye-law shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the Rajasthan law conferring the power.

S.23 Power to make or issue to include power to add, to amend, vary or rescind orders, etc

Where, by any Rajasthan law, a power to make or issue orders, rules, regulations, schemes, forms, bye-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, regulations, schemes, forms, bye-laws or notifications so made or issued.

S.24 Making of rules, etc. and issuing or orders between passing and commencement of enactments

Where, by any Rajasthan law which is not to come into operation immediately on the passing thereof, a power is conferred to make rules, regulations or bye-laws or to issue orders with respect to the application of such law 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 the time when or the place where or the manner in which or the fees for which anything is to be done under such law, then that power may be exercised at any time after the passing of such law, but rules, regulations, bye-laws or orders so made or issued shall not take effect till the commencement of such law.

S.25 Publications of orders, etc. in Rajasthan Gazette to be deemed to be due publication

Where, in any Rajasthan law or in any rule, regulation or bye-law made thereunder, it is directed that any rule, regulation, bye-law, notification, order, scheme, form or other matter shall be notified or published, then such notification or publication shall, unless such law, rule, regulation or bye-law otherwise provides, be deemed to be duly made if it is published in the Rajasthan Gazette.

S.26 Provisions applicable to making of rules, etc. after previous publication

Where, by any Rajasthan law, a power to make rules, regulations or bye-laws is expressed to be given subject to the condition of the rules, regulations or bye-laws being made after previous publication, then unless such law otherwise provides, the following provisions shall apply, namely:-

S.27 Continuation of orders, etc. issued under enactments repealed and re-enacted

Where, any enactment is repealed and re-enacted with or without modifications, then, unless it is otherwise expressly provided any appointment, notification, order, scheme, rule, regulation, from or bye-law made or issued and anything duly done or action taken under the repealed enactment shall, so far as it is not inconsistent with the provisions so re-enacted, continue in force, and be deemed to have been made or issued and done or taken 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 or anything done or action taken under the provisions so re-enacted.

S.28 Recovery of fines

Section 63 to 70 of the Indian Penal Code, 1860 (¹[Central] Act XLV of 1860) and the provisions of the Code of Criminal Procedure, 1898 (¹[Central] Act V of 1898) in relation to the issue and execution of warrants for the levy of fines shall apply to all fines imposed under any Rajasthan law or any rule, regulation or bye-law made under any Rajasthan law unless such law, rule, regulation or bye-law contains an express provision to the contrary.

S.29 Provision as to offences punishable under two or more enactments

Where an act or omission constitutes an offence under two or more enactments, then 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.

S.30 Meaning of service by post

Where any Rajasthan law 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 affected 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.

S.31 Citation of enactments

(1) In any Rajasthan law and in any rule, regulation, byelaw, instrument or document made under, or with reference to, any such law, 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.

S.32 DEFINITIONS

Unless there be anything repugnant in the subject or context or unless the contrary intention appears, the following expressions shall have the meanings respectively assigned to them hereby, namely:-