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(..9..)
General Clauses Act. 1897
Q.1 Comment on-
(i) Operation of enactment.
(ii) Effect of repeal of Act,
With reference to General Clauses Act, 1897.
Q. 2 Write an exhaustive note on the effect of repeal with reference to the General
Clauses Act, 1897.
Q.3 Explain the rules and effects of repeal and review.
Q.5. How Statute come into force? Explain the coming into operation of enactment with
reference to the General Clauses Act, of 1897.
Q.6. Write notes on- a) repeal, b) coming into operation of enactment c) saving clause.
Q.7 Short Notes
(i) Coming into operation of enactment.
I. Objects of the Act.—
and regulations passed thereunder. It is an ‘interpretation Act’ that applies to the
interpretation of statutes passed by the Parliament, i.e. (Central Legislation). It lays down
(i) ‘definitions’ of some words frequently come in different Central Statutes and (ii) lays
down some general principles of interpretation applicable to all Central Statutes. The
1 Henceforth referred as “the Act”.
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objects of the Act are several, namely, (1) to shorten the language of Central Acts; (2) to
provide, as far as possible, for uniformity of expression in Central Acts, by giving
definitions of a series of terms in common use; (3) to state explicitly certain convenient
rules for the construction and interpretation of Central Acts; and (4) to guard against slips
and oversights by importing into every Act certain common form clauses, which
of General Clauses, different provisions of interpretation of words and legal principles,
which would otherwise have to be specified separately in many different Acts and
Regulations, are placed to avoid (i) their extensions and repetition, (ii) slips and
oversights by importing into every Act certain common form clauses. It brings certainty
When we refer to Central Acts, we also include Regulations, ordinances, and
statutory instruments made under Central Acts. However, the Act also serves as a model
for all States' General Clauses Act. In order to avoid any confusion, it is ensured that the
State Acts should conform to the Central Act.
In many countries, legislation similar to the General Clauses Act is called the
‘Interpretation Act’. It means the Act in light of which other Acts are interpreted.
Therefore, it is called as “law of all laws”. The General Clauses Act of 1897 was passed
to consolidate and extend the Genial Clauses Act 1868 and 1887.
II. General Definitions: -
S. 3 of the Act contains 67 definitions of general terms and phrases commonly
used in different Central Acts, rules, and regulations framed thereunder. These definitions
are applicable to all Central Acts unless those Acts have their own definition or any
repugnant subject or context. Thus, the section serves as a dictionary of Central Acts. The
definitions may be explanatory, restrictive, or extensive.
In this topic, we will discuss some of the important definitions [for all definitions,
refer foot notes].
(1) “abet”, with its grammatical variations and cognate expressions, shall have the same
meaning as in the Indian Penal Code (45 of 1860);
(2) “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) “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
3 Art. 372.
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Advocates in Scotland;
(7) “Central Act” shall mean an Act of Parliament, and shall include—
(a) an Act of the Dominion Legislature or the Indian Legislature passed before the
commencement of the Constitution, and
(b) an Act made before such commencement by the Governor General in Council
or the Governor General, acting in a legislative capacity;
(9) “Chapter” shall mean a Chapter of the Act or Regulation in which the word occurs;
4
shall mean, as respects the period before the commencement of Part III of the Government of India
Act, 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 Governors’ Provinces and the Chief Commissioners’ Provinces, except that a reference to
British India in an Indian law passed or made before the commencement of Part III of the Government of
India Act, 1935, shall not include a reference to Berar;
5
(6) “British possession” shall mean any part of Her 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;
6
shall,— (a) in relation to anything done before the commencement of the Constitution, mean the
Governor General or the Governor General in Council, as the case may be; and shall include,— (i) in
relation to functions entrusted under sub-section (1) of section 124 of the Government of India Act,
1935, to the Government of a Province, the Provincial Government acting within the scope of the
authority given to it under that subsection; and (ii) in relation to the administration of a Chief
Commissioner’s Province, the Chief Commissioner acting within the scope of the authority given to him
under sub-section (3) of section 94 of the said Act; and (b) in relation to anything done or to be done
after the commencement of the Constitution, mean the President; and shall include,— (i) in relation to
functions entrusted under clause (1) of article 258 of the Constitution, to the Government of a State, the
State Government acting within the scope of the authority given to it under that clause; 1 *** (ii) in
relation to the administration of a Part C State 2 [before the commencement of the Constitution
(Seventh Amendment) Act, 1956], the Chief Commissioner or the Lieutenant Governor or the
Government of a neighbouring State or other authority acting within the scope of the authority given to
him or it under article 239 or article 243 of the Constitution, as the case may be; 2 [and (iii) in relation to
the administration of a Union territory, the administrator thereof acting within the scope of the
authority given to him under article 239 of the Constitution];
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(11) “Collector” shall mean, in a Presidency-town, the Collector of Calcutta, Madras or
Bombay, as the case may be, and elsewhere the chief officer-in-charge of the revenue
administration of a district;
(13) “Commencement,” used with reference to an Act or Regulation, shall mean the day
on which the Act or Regulation comes into force;
(14) “Commissioner” shall mean the chief officer-in-charge of the revenue administration
of a division;
(15) “Constitution” shall mean the Constitution of India;
(17) “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;
(18) “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;
(19) “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; (20) “father”, in the case of any one
whose personal law permits adoption, shall include an adoptive father;
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(a) in a State where there is a Board of Revenue, that Board; (b) in a State where there is a Revenue
Commissioner, that Commissioner; (c) in Punjab, the Financial Commissioner; and (d) elsewhere, such
authority as, in relation to matters enumerated in List I in the Seventh Schedule to the Constitution, the
Central Government, and in relation to other matters, the State Government, may by notification in the
Official Gazette, appoint;
8 (a) in any Central Act passed after the commencement of Part III of the Government of India Act, 1935,
shall mean any part of His Majesty’s dominions exclusive of the British Islands, the Dominions of India
and Pakistan (and before the establishment of those Dominions, British India), any Dominions as defined
in the Statute of Westminster, 1931, any Province or State forming part of any of the said Dominions,
and British Burma; and (b) in any Central Act passed before the commencement of Part III of the said
Act, mean any part of His Majesty’s dominions exclusive of the British Islands and of British India; and in
either case where parts of those dominions are under both a Central and Local Legislature, all parts
under the Central Legislature shall, for the purposes of this definition, be deemed to be one colony.
9 shall include consul-general, consul, vice-consul, consular agent, proconsul and any person for the time
being authorised to perform the duties of consul-general, consul, vice-consul or consular agent;
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(21) “financial year” shall mean the year commencing on the first day of April;
(22) 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;
(23) “Government” or “the Government” shall include both the Central Government and
any State Government;
(25) “High Court”, used with reference to civil proceedings, shall mean the highest Civil
Court of appeal (not including the Supreme Court) in the part of India in which the Act or
Regulation containing the expression operates;
(26) “immovable property” shall include land, benefits to arise out of the land, and
things attached to the earth, or permanently fastened to anything attached to the earth;
(27) “imprisonment” shall mean imprisonment of either description as defined in the
Indian Penal Code (45 of 1860); (28) “India” shall mean,— (a) with respect to any
period before the establishment of the Dominion of India, British India together with all
territories of Indian Rulers then under the suzerainty of His Majesty, all territories under
the suzerainty of such an Indian Ruler, and the tribal areas; (b) as respects any period
after the establishment of the Dominion of India and before the commencement of the
Constitution, all territories for the time being included in that Dominion; and (c) as
respects any period after the commencement of the Constitution, all territories for the
time being comprised in the territory of India;
(29) “Indian law” shall mean any Act, Ordinance, Regulation, rule, order, bye-law or
other instrument which before the commencement of the Constitution, had the force of
law in any Province of India or part thereof, or thereafter has the force of law in any Part
A State or Part C State or Part thereof, but does not include any Act of Parliament of the
United Kingdom or any Order in Council, rule or other instrument made under such Act;
(30) “Indian State” shall mean any territory which the Central Government recognised
as such a State before the commencement of the Constitution, whether described as a
State, an Estate, a Jagir or otherwise;
(31) “local authority” shall mean 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;
(32) “Magistrate” shall include every person exercising all or any of the powers of a
Magistrate under the Code of Criminal Procedure for the time being in force;
10
“Government securities” shall mean securities of the Central Government or of any State
Government, but in any Act or Regulation made before the commencement of the Constitution shall not
include securities of the Government of any Part B State;
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(35) “month” shall mean a month reckoned according to the British calendar;
(36) “movable property” shall mean property of every description, except immovable
property;
(37) “oath” shall include affirmation and declaration in the case of persons by law
allowed to affirm or declare instead of swearing;
(38) “offence” shall mean any act or omission made punishable by any law for the time
being in force;
(39) “Official Gazette” or “Gazette” shall mean the Gazette of India or the Official
Gazette of a State;
(40) “Part” shall mean a part of the Act or Regulation in which the word occurs;
(41) “Part A State” shall mean a State for the time being specified in Part A of the First
Schedule to the Constitution, [as in force before the Constitution (Seventh Amendment)
Act, 1956,] “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 territory for the time being administered by the President under the
provisions of article 243 of the Constitution;
(42) “person” shall include any company or association or body of individuals, whether
incorporated or not;
11 “master”, used with reference to a ship, shall mean, any person (except a pilot or harbourmaster)
having for the time being control or charge of the ship;
12
“merged territories” shall mean the territories which by virtue of an order made under section 290A
of the Government of India Act, 1935, were immediately before the commencement of the Constitution
being administered as if they formed part of a Governor's Province or as if they were a Chief
Commissioner's Province;
13
“Political Agent” shall mean, — (a) in relation to any territory outside India, the Principal Officer, by
whatever name called, representing the Central Government in such territory; and (b) in relation to any
territory within India to which the Act or Regulation containing the expression does not extend, any
officer appointed by the Central Government to exercise all or any of the powers of a Political Agent
under that Act or Regulation;
14
“Presidency-town” shall mean the local limits for the time being of the ordinary original civil
jurisdiction of the High Court of Judicature at Calcutta, Madras or Bombay, as the case may be;
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; (51) “rule” shall mean a rule made in the exercise of a power conferred by any
enactment, and shall include a Regulation made as a rule under any enactment;
(52) “Schedule” shall mean a schedule to the Act or Regulation in which the word
occurs;
(54) “Section” shall mean a section of the Act or Regulation in which the word occurs;
(56) “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;
(57) “son”, in the case of anyone whose personal law permits adoption, shall include an
adopted son;
(58) “State”— (a) as respects any period before the commencement of the Constitution
15
“Province” shall mean a Presidency, a Governor’s Province, a Lieutenant Governor’s Province or a
Chief Commissioner's Province;
16 “Provincial Act” shall mean an Act made by the Governor in Council, Lieutenant Governor in Council or
Chief Commissioner in Council of a Province under any of the Indian Councils Acts or the Government of
India Act, 1915, or an Act made by the Local Legislature or the Governor of a Province under the
Government of India Act, or an Act made by the Provincial Legislature or Governor of a Province or the
Coorg Legislative Council under the Government of India Act, 1935;
17
“Provincial Government” shall mean, as respects anything done before the commencement of the
Constitution, the authority or person authorised at the relevant date to administer executive
Government in the Province in question;
18 “public nuisance” shall mean a public nuisance as defined in the Indian Penal Code (45 of 1860);
19 “registered”, used with reference to a document, shall mean registered in India under the law for the
time being in force for the registration of documents;
20
“Regulation” shall mean a Regulation made by the President 2 [under article 240 of the Constitution
and shall include a Regulation made by the President under article 243 thereof and] a Regulation made
by the Central Government under the Government of India Act, 1870, or the Government of India Act,
1915, or the Government of India Act, 1935;
21 “Scheduled District” shall mean a “Scheduled District” as defined in the Scheduled Districts Act, 1874;
22 ship” shall include every description of vessel used in navigation not exclusively propelled by oars;
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(Seventh Amendment) Act, 1956, shall mean a Part A State, a Part B State or a Part C
State; and (b) as respects any period after such commencement, shall mean a State
specified in the First Schedule to the Constitution and shall include a Union territory;]
[refer definitions of Part-A to C States]
(59) “State Act” shall mean an Act passed by the Legislature of a State established or
continued by the Constitution;
(60) “State Government-
(a) as respects anything done before the commencement of the Constitution, shall mean,
in a Part A State, the Provincial Government of the corresponding Province, in a Part B
State, the authority or person authorised at the relevant date to exercise executive
government in the corresponding Acceding State, and in a Part C State, the Central
Government;
(b) as respects anything done after the commencement of the Constitution and before the
commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean, in a
Part A State, the Governor, in a Part B State, the Rajpramukh, and in a Part C State, the
Central Government; (c) as respects anything done or to be done after the commencement
of the Constitution (Seventh Amendment) Act, 1956, shall mean, in a State, the
Governor, and in a Union territory, the Central Government;
-and shall, in relation to functions entrusted under article 258A of the Constitution to the
Government of India, include the Central Government acting within the scope of the
authority given to it under that article;
(61) “sub-section” shall mean a sub-section of the section in which the word occurs;
(62) “swear”, with its grammatical variations and cognate expressions, shall include
affirming and declaring in the case of persons by law allowed to affirm or declare instead
of swearing;
(62A) “Union territory” shall mean any Union territory specified in the First Schedule to
the Constitution and shall include any other territory comprised within the territory of
India but not specified in that Schedule;
(63) “vessel” shall include any ship or boat or any other description of vessel used in
navigation;
(64) “will” shall include a codicil and every writing making a voluntary posthumous
(66) “Year” shall mean a year reckoned according to the British calendar.
III. General Rules of Construction (S. 5 to 13)-
23
expressions 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
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The general rules of construction mentioned in the Act from S. 5 to 13 are as
follows-
1. Coming into operation of enactments (S. 5)—
(1) Where any Central Act is not expressed to come into operation on a particular
day, then it shall come into operation on the day on which it receives the assent —
(a) in the case of a Central Act made before the commencement of the Constitution, of
the Governor-General, and
(b) in the case of an Act of Parliament of the President.
(2) repealed by A.O.1950.
(3) Unless the contrary is expressed, a Central Act or Regulation shall be construed as
coming into operation immediately on the expiration of the day preceding its
commencement.
An Act does not come into force unless brought into operation by legislative
enactment or by the exercise of power by a delegated authority. Quite often, the
commencement of an Act is postponed to some specified future date or to such date as
the appropriate Government may, by notification in the Official Gazette, appoint.
As per S. 3 (13) the term “Commencement,” used with reference to an Act or
Regulation, shall mean the day on which the Act or Regulation comes into force.
For Example, the Companies Act 2013 received the assent of the President of India on
29th August 2013 and was notified in the Official Gazette on 30th August 2013. The Act
came into enforcement on the day of its publication in the Official Gazette.
However where, SEBI Regulation 2015 was issued vide Notification in the Official
Gazette dated 14th August 2015 with to come into effect from 1st January 2016. The
regulation came into enforcement from 1st January 2016 i.e., the day specified for
enforcement in the Official Gazette and not from the day of notification.
2. Effect of repeal (S. 6). —
Where this Act, or any Central Act or Regulation 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--
(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) affect 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,
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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 or Regulation had not been passed.
Thus, we may say that the repeal takes effect from the date of its coming into
enforcement and does not give retrospective effect.
The Supreme Court held that “whenever an Act is repealed, it must be considered as if it
had never existed. Object of repeal is to obliterate the Act from statutory books, except
for certain purposes as provided under S. 6”.
(f) Repeal of Act making textual amendment in Act or Regulation (S. 6 A). —
Where any Central Act or Regulation made after the commencement of this Act,
repeals any enactment by which the text of any Central Act or Regulation 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 other words, the repeal does not apply to specifically saved matters by express
omission, insertion or substitution at the time of repeal.
3. Revival of repealed enactments (S. 7). —
In any Central Act or Regulation made after the commencement of this Act, it
shall be necessary, for the purpose of reviving, either wholly or partially, any enactment
In other words, to revive a repealed statute, it is necessary to state the purpose of
doing so.
4. Construction of references to repealed enactments (S. 8). —
(1) Where this Act, or any Central Act or Regulation 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 shall, unless a different intention appears, be construed as references to the
provision so re-enacted.
(2) Where before the fifteenth day of August 1947, any Act of Parliament of the United
Kingdom repealed and re-enacted, with or without modification, any provision of a
former enactment, then reference in any Central Act or in any Regulation or instrument to
24 (2011) 5 SCC 305
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(2) This section applies also to all Central Acts made after the third day of January, 1868, and to all
Regulations made on or after the fourteenth day of January, 1887.
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the provision so repealed shall, unless a different intention appears, be construed as
references to the provision so re-enacted.
For example, In s. 115 JB of the Income Tax Act, 1961, for calculation of book
profits, the Companies Act, 1956 are required to be referred to. However, the Companies
Act 1956 is repealed and enacted by “The Companies Act, 2013”. By virtue of this S. 8
of the General Clauses Act, reference under S. 115 JB even though not amended be taken
as the Companies Act, 2013.
5. Commencement and termination of time (S. 9). —
(1) In any Central Act or Regulation 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”.
(2) This section applies also to all Central Acts made after the third day of January 1868,
and to all Regulations made on or after the fourteenth day of January 1887.
For example, if A company declares a dividend for its shareholders in its Annual General
Meeting held on 31/8/22. Under the Companies Act, 2013 provisions, the company is
required to pay the declared dividend within 30 days from the date of declaration i.e.,
from 01/09/22 to 30.9.22. Thus, in this series of days, 31.8.22 will be excluded, and the
last day, i.e., 30.9.22, will be included.
6. Computation of time (S. 10)—
(1) Where, by any Central Act or Regulation 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: Provided that nothing in this section shall apply to any act or
proceeding to which the Indian Limitation Act, 1877 applies.
(2) This section also applies to all Central Acts and Regulations made on or after the
fourteenth day of January 1887.
The Madras High Court held that since the last date of the prescribed period was
subsequent to the date of notification, declared to be a holiday, as per the principle in this
section, the last day for obtaining the tender schedules is to be taken the next Woking day
after the holiday.
7. Measurement of distances (S. 11). —
In the measurement of any distance, for the purposes of any Central Act or
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Regulation made after the commencement of this Act, that distance shall, unless a
different intention appears, be measured in a straight line on a horizontal plane.
8. Duty to be taken pro rata in enactments (S. 12). —
Where, by any enactment now in force or hereafter to be in force, 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.
9. Gender and number (S. 13). —
In all Central Acts and Regulations, unless there is anything repugnant in the
subject or context,—
(1) words importing the masculine gender shall be taken to include females; and
(2) words in the singular shall include the plural, and vice versa.
The Supreme Court held that the words ‘his father and mother’ as used in S. 125 (1) (d)
of the Cr. P.C., 1973 includes ‘her father and mother’ also. It held a daughter liable to
maintain her father, who was unable to maintain himself.
The Supreme Court held that the term ‘individual’ under S. 13(2) of the General
Clauses Act, 1897, can be read in the plural and as such, would include a body or groups
of individuals.
IV. Powers and Functionaries (Ss. 14 to 19): -
1. Powers conferred to be exercisable from time to time (S. 14). —
(1) Where, by any Central Act or Regulation made after the commencement of this Act,
any power is conferred, then [unless a different intention appears] that power may be
exercised from time to time as occasion requires.
(2) This section also applies to all Central Acts and Regulations made on or after the
fourteenth day of January 1887.
In short, the provision is a directory suggesting authorities in which power is
conferred to use the power when the occasion requiring its use occurs.
Where, by any Central Act or Regulation, 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, if it is made after the commencement of this Act, may be made either
26 AIR 1995 Mad 90
27 (1987) 2 SCC 278
28 (1981) 3 SCC 23
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by name or by virtue of office.
‘Ex Officio’ is a Latin term that means by virtue of one’s position or office. The
power to appoint any person to fill any office also includes the power to appoint ex
officio.
3. Power to appoint includes the power to suspend or dismiss (S. 16).—
Where, by any Central Act or Regulation, 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 the power to suspend or dismiss
any person appointed [whether by itself or any other authority] in the exercise of that
power.
4. Substitution of functionaries (S. 17).—
(1) In any Central Act or Regulation made after the commencement of this Act, 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.
(2) This section also applies to all Central Acts made after the third day of January 1868
and to all Regulations made on or after the fourteenth day of January 1887.
5. Successors (S. 18).—
(1) In any Central Act or Regulation 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.
(2) This section applies also to all Central Acts made after the third day of January 1868
and to all Regulations made on or after the fourteenth day of January 1887.
6. Official chiefs and subordinates (S. 19). —
(1) In any Central Act or Regulation made after the commencement of this Act, it shall be
sufficient for the purpose of expressing that a law relating 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 superiors, to prescribe the duty of the superior.
(2) This section applies also to all Central Acts made after the third day of January 1868
and to all Regulations made on or after the fourteenth day of January 1887.
IV. Provisions as to orders, rules, etc., made under enactments (S. 20 to 24): -
1. Construction of orders, etc., issued under enactments (S. 20). —
Where, by any Central 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
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respective meanings as in the Act or Regulation conferring the power.
For example, the term ‘Collector’ used in Rule 4 of the Land Acquisition
(Companies) Rule 1963 will have the same meaning as in S. 3 (c) of the Land
Acquisition Act, 1894, under which the rule is framed.
2. Power to issue, to include the power to add to, amend, vary or rescind notifications,
orders, rules or bye-laws (S. 21). —
Where, by any Central Actor Regulations, 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.
The Supreme Court held that S. 21 empowers the authority which has the power to
issue a notification and also to rescind or modify the notification in a like manner.
3. Making of rules or bye-laws and issuing of orders between passing and
commencement of enactment (S. 22). —
Where, by any Central Act or Regulation which is not to come into force
immediately, on the passing thereof, power is conferred to make rules or bye-laws, or to
issue orders with respect to the application of the Act or Regulation, or with respect to the
establishment of any Court or office or the appointment of any Judge or officer
thereunder, of 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 or
Regulation, then that power may be exercised at any time after the passing of the Act or
Regulation; but rules, bye-laws or orders so made or issued shall not take effect till the
commencement of the Act or Regulation.
It simply suggests that unless the Act comes into existence, no rules or
regulations thereunder can be enforced.
4. Provisions applicable to making of rules or bye-laws after previous publication (S.
23) —
Where, by any Central Act or Regulation, 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: —
(1) the authority having the 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;
(2) 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
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Government concerned prescribes;
(3) there shall be published with the draft a notice specifying a date on or after which the
draft will be taken into consideration;
(4) the authority having the 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 the power to make the rules or bye-laws from any person with
respect to the draft before the date so specified;
(5) the publication in the Official Gazette of a rule or bye-law purporting to have been
made in the 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.
5. Continuation of orders, etc., issued under enactments repealed and re-enacted (S.
24).—
Where any Central Act or Regulation, is, after the commencement of this Act,
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 or Regulation, 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 and when any Central Act or Regulation, which, by a
notification under section 5 or 5 A of the Scheduled Districts Act, 1874, or any like law,
has been extended to any local area, has, by a subsequent notification, been withdrawn
from the re-extended to such area or any part thereof, the provisions of such Act or
Regulation shall be deemed to have been repealed and re-enacted in such area or part
within the meaning of this section.
Thus, the section deals with the continuation of orders, schemes, rules, forms, or
bye-laws made or issued under the repealed Act if the repealed act is re-enacted with the
same provisions.
Reference-
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