The Nagaland Interpretation and General Clauses Act, 1978

THE NAGALAND INTERPRETATION AND GENERAL CLAUSES ACT 1978 (NAGALAND ACT NO. 6 OF 1979) Received the assent of the Governor on 26th July 1979 “The Nagaland Interpretation nd General Clauses Ac4 1978”

An Act To provide for the Interpretation of Nagaland enactment and for shortening the language thereof. Be it enacted by the Legislature of Nagaland in the Twenty ninth year of the Republic of India as follows : Chapter 1

(1) This Act may be called the Nagaland Interpretation and General Clauses Act, 1978. (2) It shall be deemed to have come into force on the 1st day of December 1963.

In all enactments, unless the context otherwise require (1)“abet” with its grammatical variations and cognate expressions, has the same meaning as in the Indian Penal Code. (Central Act 45 of 1860) (2) “Act” used with reference to an offence or a civil wrong denotes a series of act as well as a single act, and words which refer to acts done extend also to illegal omission. (3) “affidavit” means a statement in writing, signed by the person making it and confirmed by oath. (4) “Assam Act” means an Act made by the Chief Commissioner of Assam in Council under the Indian Councils Act’s 1861 to 1909 or any of those, Acts or under the Government of India Act, 1915 or bythe Local Legislature of Assam under the Government of India Act, or by the Provincial Legislature or the Governor of .Assam under the Government of India Act, 1935, or by the Legislature of the State of Assam under the Constitution; (5) “attested” in relation to a document means attested by a witness who has seen the executant sign the document, or has received from the executant a personal acknow-ledgement of his signature, and who has signed the document in the presence of the executant, but no particular form of attestation shall be necessary. (6) “Bengal Act” means an ‘Act made by the Lieutenant Governor of Bengal in Council under the Indian Councils act 1861 or the Indian Councils Act, 1861 and 1892 or the Indian Councils Acts, 1861, 1892 and 1909 or made by the Governor in Council of Fort William in Bengal under the Indian Council acts, 1861,’ 1892 and 1909 or by the Local Legislature of Bengal under the Government of India Act; (7)“Central Act” means an Act or Parliament and includes an act passed or made before the commencement of the Constitution (a) by the Domination Legislature or the Indian Legislature or (b) by the Governor-General in Council or the Governor-General acting in ‘legislative capacity. (8) “Central Government” in relation to anything done or to be done after the commencement of the Constitution, means the President, and include in relation of functions entrusted under clause (1) of Article 248 of the Constitution to the Government of Nagaland the Government of acting within the scope of the authority given to it under that clause (9) “Chapter” means a chapter of the enactment in which the word occurs; (10) “Child” in the case of any one whose personal law permit adoption, include an adopted child; (11) “clause” occurring in a section which has no sub-section means a sub-division of that section and occurring in a sub- section means a sub-division of that sub-section (12) “Collector” means the chief officer in-charge of the revenue administration of a district (13) “Commencement” used with reference to an enactment means the day on which the enactment comes into force; (14) “Commissioner” means the chief officer in-charge of the revenue administration of a division (15) “Constitution” means the Constitution of India. (16) “Consular officer” includes consul general, consul, vice-consul, consular agent, proconsul and any other person for the time being authorised to perform the duties of, consul, General consul, vice-consul or consular agent; (17) “daughter” in the case of any one whose personal law permits adoption, includes an adopted daughter; (18) “day” means a period of twenty-tour hours beginning at midnight; (19) “DeputyCommissioner” means the chief officer in charge of the general and Judicial administration of a district; (20) “District Court” or the principal Civil Court of original jurisdiction means the court of Deputy Commissioner, or Additional Deputy Commissioner but does not the include High Court in the exercise of its ordinary or extra ordinary original civil jurisdiction (21) “District Judge” means the judge of a district court, and includes in addition district judge (22) “document” includes any matter written, expressed, inscribed or described upon any substance by means of letter, figures or marks or by more than one of those means, intended to be used or which may be used as evidence of that matter; (23) “Eastern Bengal and Assam” means the territories which were under the adminstration of the Lieutenant-Governor of Eastern Bengal and Assam immediately prior to the Constitution of the Chief Commissioner Ship of Assam in 1912; (24) “Eastern Bengal and Assam Act” means an Act made by the Lieutenant-Governor of Eastern Bengal and Assam in Council under the Indian Councils Act, 1861 to 1909 (25) “enactment” means an Act of the nagaland Legislature and includes a Regulation Nagaland Ordinance and any provision contained in any Act, Regulation or Ordinance as aforesaid (26) “father” in the case of any one whose personal law permits adoption, includes an adoptive father (27) “financial year” means the year commencing on the first day of April (28) “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. (29) “Government” or “the Government’ includes the State Government as well as the Central Government (30) “Government of Nagaland” means the Governor; (31) “Government securities” means securities of the Government of Nagaland, the Central Government or of any other Government (32) “High Court” means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura) (33) “Immovable property” includes land, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth (34) “imprisonment” means imprisonment of either description as defined in the Indian Penal Code ; (central Act 45 of 1860)’ (35) “Judicial proceeding” includes any proceeding in the course of which evidence is, or may he legally taken (36) “Local authority” means a Municipal corporation, a municipality, a Municipal committee, Town Committee. a local or District Board or any other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund; (37) “local law” means a law applicable to a part only of nagaland; (38) “magistrate” includes every person exercising all or any of the powers of a magistrate under the Code of Criminal Procedure, 1973 or Nagaland Rules for Administration of Justice and Police Rules 1937, or under any other law for the time being in force relating to criminal procedure; (Central Act 2 of 1974) (39) “master” used with reference to a ship, includes every person (except a pilot or harbour-master) having for the time being command or charge of the ship; (Gentral Act 2 of 1962) (40) “Nagaland” means the State of Nagaland formed under section of the State of Nagaland Act, 1962 and comprising the Areas specified therein (41) “notification” means notification in the Official Gazette; (42) “Official Gazette” means the Official Gazette of Nagaland; (43) “Nagaland Act” means an Act passed by the Legislative Assembly of Nagaland; (44) “month” means a month reconed according to the Gregorian Calendar; (45) “m ( wa hie property” means property of every description except immovable property (46) “oath” includes an affirmation and a declaration in the case of persons by the law allowed to affirm or declare instead of swearing (47) “offence” means any act or omission made punishable by any law for the tirnc being in force (48) “Nagaland Ordinance” means an Ordinance promulgated by the Governor of Nagaland (49) “part” means a part of the enacment in which the word occurs (50) “person” includes any company or association or body of individuals whether incorporated or not (51) “prescribed” means prescribed by rules made under an enactment in which the word occurs; (52) “public” includes any class or section of,the public (53) “public nuisance” means a public nuisance as defined in the Indian Penal Code; (Central Act 45 of 1860) (54) “registered” used with reference to a document means registered in India under the law for the time being in force for the registration of documents (55) “regulation” means a Regulation made by the Governor under the Sixth Schedule to the Constitution or under the Government of India Act, 1935, and shall include the Regulation as defined in clause (50) of section 3 of the General Clauses Act, 1897 ; (Central Act 10 1867) (56) “rule” means a rule made in exercise of a power conferred by any enactment and includes a regulation made as a rule under any enactment (57) “schedule” means a schedule to the enactment in which the word occurs; (58) “section” means a section of the enactment in which the word occurs; (59) “ship” includes every description of vessel used in navigatio it not exclusively propelled by oars (60) “sign” with its grammatical variations and cognate expressions used with reference to a person who is unable to write his name includes ‘marks’ with its grammatical variations and cognate expressions (61) “son” in case of any one whose personal law permits adoption, includes an adopted son; (62) “special law” means a law applicable to a particular subject; (63) “State” means a State specified in the First Schedule to the Constitution and includes a Union Territory (64) “sub-section” means a sub-section of the section in which the word occurs; (65) “swear” with its grammatical variations and cognate expressions1 includes affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing (66) “vessel” includes any ship or boat or any other description of vessel used in navigation ; (Central Act 30 of 1925) (67) “will” and “codicil” have the meaning respectively assigned to them in the Indian Succession act, 1925 (68) “writing” expressions referring to writing shall be construed as including reference to printing, typewriting, photography and other modes of representing or reproducing words in visible forms (69) “year” means a year reckoned according to the Gregorian Calendar;

In every enactment, where a word is defined — (a) the definiti on shall apply unless the context of the enactment otherwise requires (h) grammatical variations of that word and cognate expressions shall have corresponding meanings.

Every enactment shall unless the contrary is expressly provided therein, apply to the whole of Nagaland.

Where an enactment is expressed to expire, lapse or otherwise cease to have effect on a particular day, it shall unless the contrary intention is expressed, be construed as ceasing to have effect immediately on the commencement of the following day.

The marginal notes appearing against any provision of any enactment, and the reference to the number and date of any former law in the margin against any such provision, shall not form part of the said enactment and shall he deemed to) have been inserted for the sake of convenience only.

In the absence of an express provision to the contrary every enactment shall be binding on the Government.

Where any enactment constitutes a body corporate by any form of words, that body corporate shall have perpetual succession and a commenseal and may enter into contracts by its corporate name, acquire, hold and dispose of property whether movable or immovable, and sue or he sued by its corporate name.

(1)If a person commiting an offence under any enactment in a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall he liable to he proceeded against and punished accordingly Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proved that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commi~ssion of such offence. (2)Where an offence under any enactment has been committed by a company, any Director, Manager Secretary or other officer of the company, not being a person in-charge or and responsible to the company for conduct of its business at the time of the commission of the offence, shall, if it is proved that the offence has been committed with his consent or convenience or that the commission of the offence is attributable to any neglect on his part, also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation for the purpose of this section— (a) “company” means any body corporate and includes a firm or other association of persons and (b) “director” in relation to a firm, means a partner in the firm.

In all enactments unless a different intention appears — (a) words importing the masculine gender shall be taken to include females (b) words in the singular shall be taken to include the plural and vice-versa.

In any enactment, it shall be sufficient — (a) to use the word “from” or the word “after” for the purpose of excluding the first in series of days (b) to use the word “to” for the purpose including the last in a series of days (c) to use the word “on” or the word “with” for the purpose of including the day on which the period is expressed to begin or to end and (d) in relation to the interval between two events, to use the words, “clear days” or “at least” or “not less than” a number of days for the purpose of excluding the days on which the events happen and merely to specify the number of days for the purpose of excluding the days on which the first event happens and including the days on which the second event happens,

Where, by any enactment any act or pr9ceeding is directed 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 he 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 Limitation Act, 1963 applies.

Where, in any enactment, any reference to a specified time of the day occurs; such time shall, unless it is otherwise specifically stated, be deemed to mean the Indian Standard Time.

Where, by any enactment, 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.

In the measurement of any distance for the purpose of any enactment, that distance shall, unless a different intention appears be measured in a straight line or a horizontal plan.

Whenever in any enactment a punishment is provided for an offence, such punishment, shall unless a different intention appears, be deemed to be the maximum punishment for that offence.

Save as otherwise expressly provided by any enactment, whenever a form is prescribed by any enactment, slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate it.

Save as otherwise expressly provided by anactment, no act done by any authority whether such authority is judicial or executive shall be invalid by reason only of its having been done on a public holiday.

Where an act or omission constitutes an offence under two or more enactments, the offender shall be liable to be prosecuted or punished under either or any of them, but shall not he liable to be punished twice for the same offence.

Where Nagaland Act, Ordinance or Regulation 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 thereunder, or (c) affect any right, privilege, obligation or liability, acquired, accrued or incurred under any enactment so repealed; or (d) effect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed ; or (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.

Where in Nagaland Act, Ordinance or Regulation (not being an act which is to cease to have effect or to cease to operate on the expiry of a particular period or on the happening of a particular contingency) amends the text of any enactment by the express omission, insertion or substitution of any matter, and any such amending act is subsquently repealed, then unless a different intention appears, the repeal shall not the effect continuance of any such amendment by the amending act. If such amendment was in force at the time of the repeal.

Where a Nagaland Act, Ordinance or Regulation repeals and re- enacts, with or without modification, any provision of a former enactment, then references in any other enactment to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.

In any enactment, for the purpose of reviving eithei wholly or partially, any enactment wholly or partially repealed, it shall he necessary expressly to state that purpose.

Where an enactment ceases to have effect or ceases to operate on the expiration of a particular period or on the happening of a particular contigency, then unless a different intention appears, the expiry shall not effect— (a) the previous operation of or anything dully done or suffered under the enactment ; or (b) any right, privilege, obligation or liability acquired accrued or incure under that Act or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against that Act ; or (d) 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 Act had not expired.

Where, by any enactment, 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 occassion requires.

Where, by any enactment, a power is conferred on any person or functionary to do or enforce the doing of any act or thing all such powers shall be deemed to be also conferred as are necessary to enable such person or functionary to do or enforce the doing of such act or thing.

Where, 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 having for the time power to make the appointment shall also have power to suspend or dismiss any person appointed whether by itself or by other authority 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, mention the official title of the officer who is at the time of the passing of the enactment, exercising the functions, or that of the officer by whom the functions are commonly exercised.

In any enactment 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.

In any enactment, it shall be sufficient, for the purpose of expressing that a law relating to their 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 specify the duties of the superior.

Where, by any enactment, which is not to come into force immediately on the passing thereof a power is conferred. to make rules or bye-laws of the enactment or with respect to the establishment of any court or office or the appointment of any judge or officer thereunder too 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 to be done under the enactment, then, unless a different intention appears, that power may be exercised at any time after the passing of the enactment, but rules bye- laws or orders so made or issued shall not take effect till the commencement of the enactment.

Where, by any enactment, a power to issue rules, notifications, orders, schemes, froms or bye-laws is conferred, then, unless a different intention appears that power includes a power to add, to amend, vary or rescind any rules, notifications, orders, schemes, forms, or bye-laws, so issued in the same manner and subject to the same sanction and condition (if any) as the power to issue the rules, notifications, orders, schemes, froms, or bye-laws.

Where by any enactment, 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 Government may prescribe (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 an other 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 persons with respect to the praft before the date so specified; (e) The publication in the official 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 publi— cation shall be conclusive proof that the rules or bye-laws have been duly made.

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

Where, by any enactment, a power to issue any rule, notification, order scheme, form or bye-law is conferred then, expressions used in the rule, notification, order, scheme, form or bye-law; shall; unless a different intention appears, have the same respective meanings as in the enacted, conferring the power.

Every rule ma4e under any enactment shall be published in the official Gazette and and shall, in the absence of an express provision to the contrary eithcr in the rule or in the enactment under which it is made, come into force on the day on which it is published in the official Gazette.

(1) Every rule made by the Government of Nagaland under any enactment shall be laid as soon as may be after it is made before the Legislative Assembly of Nagaland while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly, makes any modification in the rule or resolves that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be so however, that any such modification or annulment shall be without rejudiee to the vailidity of anything previously done under that rule. (2) Any provision in an enactment may Legislative Assembly in accordance with the provisions of sub-section (1) it shall, on the expiry of two successive sessions imipediately following the publication of the rule, cease to have effect, without prejudice to the validity of anything previously done under that rule.

(1) Any enactment may be cited by reference to the short title conferred thereon or by reference to the number and year thereof. (2) Any provision in an enactment may be cited reference to the section of the enactment in which the provision is contained. Section 59 to 64 of the Indian Penal Code and as far as may be the provisions of the Code of Criminal procedure, 1973 in relation to the issue and execution of warrants for the levy of fmes, shall apply to all fines imposed under any enactment or under any rule or bye-law made thereunder, unless the enactment, rule or bye-law contain an express provisions to the contrary.

Where, any enactment 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, prepaying and posting by registered post, a letter containing the document, 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.