The Chhattisgarh General Clauses Act, 1957

1. (1) This Act may be called the Chhattisgarh General Clauses Act, 1957. (2) It extends to the whole of Chhattisgarh.

In this Act, unless there is anything repugnant in the subject or context, the following expressions shall have the meanings hereby respectively assigned to them, that is to say: (1) "Abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (1860, XLV of 1860). (3) "Affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. (4) "Barrister" shall mean a barrister of England or Ireland or a member of the Faculty of Advocates in Scotland. (5) "District Judge" shall mean the Judge of a principal civil court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction. (6) "Document" shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, which is intended to be used, or which may be used, for the purpose of recording that matter. (7) "Enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal, Madras or Bombay Code and shall also include any provision contained in any Act or in any such Regulation as aforesaid. (8) "Financial year" shall mean the year commencing on the first day of April. (9) "Good faith" - a thing shall be deemed to be done in "good faith" where it is in fact done honestly, whether it is done negligently or not. (10) "Local authority" shall include a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund. (11) "Magistrate" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1898 (V of 1898) for the time being in force. (12) "Moveable property" shall mean property of every description, except immoveable property. (13) "Notification" shall mean: (a) a notification in the official Gazette by the State Government or by any person or authority by law empowered to publish the same in the official Gazette. (14) "Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. (15) "Part" shall mean a part of the Act in which the word occurs. (16) "Person" shall include any company or association or body of individuals, whether incorporated or not. (17) "Public nuisance" shall mean a public nuisance as defined in the Indian Penal Code (1860, XLV of 1860). (18) "Registered", used with reference to a document shall mean registered in any part of India under the law for the time being in force for the registration of documents. (19) "Sign" with its grammatical variations and cognate expressions, shall with reference to a person who is unable to write his name, include "mark" with its grammatical variations and cognate expressions. (20) "Son" in the case of any one whose personal law permits adoption, shall include an adopted son. (21) "State Government" shall mean: (a) in relation to anything done before the commencement of the Constitution, the authority or person authorized at the relevant date to administer executive government in the corresponding province, or as the case may be, the Chief Commissioner of the Chief Commissionership; (b) in relation to anything done or to be done after the commencement of the Constitution, the Governor of the State. (22) "Sub-section" shall mean a sub-section of the section in which the word occurs. (23) "Writing" shall include references to printing, lithography, photography and other modes of representing or reproducing words in a visible form. (24) "Year" shall mean a year reckoned according to the British calendar.

The definitions in section 2 of the General Clauses Act, 1897, shall apply also to the construction of the following expressions as used in any Chhattisgarh Act, unless the context otherwise requires, namely, "abet", "affidavit", "barrister", "district judge", "document", "enactment", "immoveable property", "imprisonment", "local authority", "magistrate", "moveable property", "notification", "oath", "person", "public nuisance", "registered", "sign", "son", "sub-section", "writing" and "year".

Where any Central Act or Chhattisgarh Act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which it is first published in the official Gazette after having received the assent of the Governor or the President.

Where this Act, or any Chhattisgarh 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.

Where any Chhattisgarh Act repeals any enactment by which the text of any Chhattisgarh Act 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 Chhattisgarh 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. This section applies also to all Chhattisgarh Acts made before the commencement of this Act, after the commencement of the General Clauses Act, 1897 (X of 1897).

Where any Chhattisgarh 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.

In any Chhattisgarh 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".

Where, by any Chhattisgarh 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 certain period, then, if the court or office is closed on that day or the last day of the 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.

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

Where, by any enactment or rule having the force of law, any act is directed to be done, it shall, unless a different intention appears, be done in accordance with the provisions of the law for the time being in force.

Where, by any Madhya Pradesh Act, any power is conferred, then, unless a different intention appears, that power may be exercised from time to time as occasion requires.

Where, by any Madhya Pradesh Act, any 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 Madhya Pradesh Act, 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 or dismiss any person appointed whether by itself or any other authority in exercise of that power.

In any Madhya Pradesh 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 Madhya Pradesh 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 Madhya Pradesh Act, it shall be sufficient, for the purpose of indicating the relation of a law to the subordinates of any functionary occupying any official post or office-holder, to express its relation to the person performing the functions of that office or to the officer.

Where, by 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, 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 Madhya Pradesh Act, a power to issue notifications, orders, rules or 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-laws so issued.

Where, by any Madhya Pradesh Act, which is not to come into operation 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 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 of the Act; but rules, bye-laws or orders so made or issued shall not take effect till the commencement of the Act.

Where, by any Madhya Pradesh 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, publish a draft of the proposed rules or bye-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 State 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; (d) the authority having power to make the rules or bye-laws, and, where the rules or bye-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or bye-laws from any person with respect to the draft before the date so specified; (e) the publication in the Gazette of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made.

Where any Madhya Pradesh Act is repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law made or issued under the repealed Act, 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, form or bye-law made or issued under the provisions so re-enacted.

Any notification, order, scheme, rule, form or bye-law issued or made under the Madhya Pradesh Act, before the commencement of the Madhya Pradesh General Clauses (Amendment) Act, 1960 and which has been held by any court to be invalid on the ground that it was not published or was not made in the manner prescribed, shall notwithstanding such judgment, decree or order of any court, be deemed to be valid and shall not be called in question in any court on the ground that the same was not published or was not made in accordance with law, provided that such notification, order, scheme, rule, form or bye-law is published or made within six months from the date of the commencement of the Madhya Pradesh General Clauses (Amendment) Act, 1960.

Sections 63 to 70 of the Indian Penal Code, 1860 (XLV of 1860) and the provisions of the Code of Criminal Procedure, 1898 (V of 1898), 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 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.

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 Madhya Pradesh 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, pre-paying 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.

In any Madhya Pradesh Act, it shall be sufficient, for the purpose of citing any enactment, to use the short title or the number and year thereof, or any other method of citation which may have been provided for the purpose.

1. (1) The provisions of this Act shall apply to the Madhya Pradesh General Clauses Act and to all Madhya Pradesh Acts, regulations, rules and bye-laws, as the case may be, in force at the commencement of this Act, except where a contrary intention appears in such Act, regulation, rule or bye-law, and shall also apply to all Madhya Pradesh Acts, regulations, rules and bye-laws made or issued after the commencement of this Act. (2) The specific mention in any Madhya Pradesh Act of any matter or thing shall not be deemed to affect the application to that Act of any of the provisions of this Act, to which the express mention thereof is not repugnant.

The provisions of this Act shall apply to the following Acts as if they were Madhya Pradesh Acts, namely: (1) The Central Provinces General Clauses Act, 1914 (1 of 1914); (2) The Madhya Bharat General Clauses Act, 1950 (84 of 1950); (3) The Bhopal State General Clauses Act, 1953 (VI of 1953); (4) The Vindhya Pradesh General Clauses Act, 1931 (1931 of 1931); and (5) The Rajasthan (Madhya Pradesh Region) General Clauses Act, 1955 (8 of 1955); and where the State Government is satisfied that any other Act or law which was in force in any of the territories added to the State of Madhya Pradesh on the appointed day, should be interpreted in the same manner as the aforesaid Acts, it may by notification in the Gazette, apply the provisions of this Act to such Act or law. (Explanation.- In this section, the expression "Madhya Pradesh Act" shall include:-) (a) "Central Provinces General Clauses Act" means the Central Provinces General Clauses Act, 1914 (I of 1914) as applied to the Madhya Pradesh region; (b) "Madhya Bharat General Clauses Act" means the Madhya Bharat General Clauses Act, 1950 (84 of 1950) as applied to the Madhya Pradesh region; (c) "Bhopal State General Clauses Act" means the Bhopal State General Clauses Act, 1953 (VI of 1953) as applied to the Madhya Pradesh region; (d) "Vindhya Pradesh General Clauses Act" means the Vindhya Pradesh General Clauses Act, 1931 (1931 of 1931) as applied to the Madhya Pradesh region; (e) "Rajasthan General Clauses Act" means the Rajasthan (Madhya Pradesh Region) General Clauses Act, 1955 (8 of 1955) as applied to the Madhya Pradesh region.