General Clauses Act, 1977

1. (1) This Act may be called the General Clauses Act, 1977.
2. (2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978. 2.

Definitions In this Act, and in all enactments now in force or hereafter to be introduced, unless there is anything repugnant in the subject or context,—

1. (1) Abet—"Abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Ranbir Penal Code;
2. (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 extend also to illegal omissions;
3. (3) Affidavit—"Affidavit", shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
4. (4) Barrister—"Barrister", shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland;
5. (5) British India.—"British India" shall mean, as respects the period before the commencement of Part III of the Government of India, 1935, all territories and places within His Majesty's dominions which were for the time being governed by His Majesty through the Governor General of India or through any Governor or officer subordinate to the Governor General of India, and as respects any period after that date and before the date of the establishment of the Dominion of India, means all territories for the time being comprised within the Governor's Provinces and the Chief Commissioner's Provinces, and as respects any period after the date of the establishment of the Dominion of India and promulgation of the Adaptation of Laws Order, 2008, all territories comprised in a State specified in Part A of the First Schedule to the Constitution of India and the States of America, Coorg and Delhi;
6. (6) British possession.—"British possession" shall mean any part of His Majesty's dominions, exclusive of the United Kingdom, and, where parts of those dominions are under both a central and a local legislature, all parts under the central legislature shall, for the purposes of this definition, be deemed to be one British possession;
7. (7) Chapter.—"Chapter" shall mean a Chapter of the Act or Regulation in which the word occurs; (7-a) Repealed;
8. (8) Collector.—"Collector" shall mean, the Deputy Commissioner of a district;
9. (9) Commencement.—"Commencement" used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force;
10. (10) District Judge.—"District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;
11. (11) Document.—"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; (11-A) Enactment-"Enactment" shall include any provision contained in any Act;
12. (12) Father—"Father", in the case of any one whose personal law permits adoption, shall include an adoptive father;
13. (13) Financial year.—"Financial year" shall mean the year commencing on the 1st day of April;
14. (14) 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;
15. (15) Omitted.
16. (16) Government of India.—"Government of India" shall—
    • (a) in relation to anything done before the commencement of the Constitution of India, mean the Governor General or the Governor General in Council as the case may be; and
    • (b) in relation to anything done or to be done after the commencement of the Constitution of India mean the President;
17. (17) His Majesty or the King.—"His Majesty" or "the King" shall include his successors;
18. (18) Repealed.
19. (19) Immovable property.—"Immovable property" shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
20. (25) Month.—"Month" shall mean a month reckoned according to the Gregorian calendar;
21. (26) Movable property.—"Movable property" shall mean property of every description, except immovable property;
22. (27) Oath.—"Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
23. (28) Offence.—"Offence" shall mean any act or omission made punishable by any law for the time being in force;
24. (29) Part.—"Part" shall mean a Part of the Act or Regulation in which the word occurs; (29-A) Part A, B and C States.—"Part A State" shall mean a State for the time being specified in Part A of the First Schedule to the Constitution, "Part B State" shall mean a State for the time being specified in Part B of that Schedule and "Part C State" shall mean a State for the time being specified in Part C of that Schedule or a territory for the time being administered by the President under the provisions of article 243 of the Constitution;
25. (30) Person.—"Person" shall include any company or association or body of individuals, whether incorporated or not;
26. (31) Political Agent.—"Political Agent" shall mean—
    • (a) in relation to any territory outside India, the Principal officer, by whatever name called representing the Government of India in such territory; and
    • (b) in relation to any territory within India to which the Indian Act or Regulation containing the expression does not extend, any officer appointed by the Government of India to exercise all or any of the powers of a Political Agent under that Act or Regulation;
27. (32) Public nuisance.—"Public nuisance" shall mean a public nuisance as defined in the Ranbir Penal Code;
28. (33) Registered.—"Registered" used with reference to a document, shall mean registered in the State under the law for the time being in force for the registration of documents;
29. (34) Rule.—"Rule" shall mean a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment;
30. (35) Schedule—"Schedule" shall mean a schedule to the Act or Regulation in which the word occurs;
31. (36) Section—"Section" shall mean a section of the Act or Regulation in which the word occurs;
32. (37) Boat—"Boat" shall include every description of vessel used in navigation not exclusively propelled by oars;
33. (38) Sign.—"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;
34. (39) Son.—"Son", in the case of any one whose personal law permits adoption, shall include an adopted son; (39-A) The State.—"The State" means the State of Jammu and Kashmir;
35. (40) Sub-section.—"Sub-section" shall mean a sub-section of the section in which the word occurs;
36. (41) Swear.—"Swear", with its grammatical variations and cognate expression, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing;
37. (42) Vessel—"Vessel" shall include any boat or any other description of vessel used in navigation;
38. (43) Will.—"Will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
39. (44) A writing.—Expression referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form; and
40. (45) Year.—"Year" shall mean a year reckoned according to the Gregorian calendar. 4.

Coming into operation of enactments Where any act is not expressed to come into operation on a particular day it shall come into operation on the day on which the assent thereto of the Governor is published in the Government Gazette.

Where this Act, or any Act made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not—

1. (a) revive anything not in force or existing at the time at which the repeal takes effect; or
2. (b) affect the previous operation of any enactment so repealed or anything duly done or suffered there under; or
3. (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or
4. (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
5. (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act had not been passed.

In any 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.

Where this Act, or any Act made after the commencement of this 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, unless a different intention appears, be construed as references to the provision so re-enacted.

In any 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".

Where, by any 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.

shall also have power to suspend or dismiss any person appointed by it in exercise of that power.

In any 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.

In any 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.

In any Act made after 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 of the superior.

Where by any Act or Regulation, 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 or Regulation conferring the power.

Where, by any Act or Regulation, 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 Act or Regulation which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws, or

Provisions applicable to making of rules or bye-laws after previous publication.

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

Recovery of fines.

Provision as to offences punishable under two or more enactments.

Meaning of service by post.

Citation of enactments.

Saving for previous enactments, rules and bye-laws.

Application of Act to Ordinances.