The Assam General Clauses Act, 1915
###### fHE ASSAM GENERAL CLAUSES ACT, 1915*

(Assam Act No. II of 1915)

CONTENTS

Section Section

###### .

Preliminary 22. Construction of orders. etc.
1. Short title and commencement. issued under enactments.
2. Meaning of the worj "A~.;t" . 23. Power to make, to include power
3. Application of Act to other to add to, amend, var-y or rescind
enactments. orders, rules or bye-laws.

4. Definil ions. 24. Making of rules or bye· laws and
_5._ General rules of construction. issuing of orders, between pass-
6. Bffect of r epeal. ing and commencemen¢ of

enactments.

7. Revival of repealed enactments. Provisions as to orders, rules,' etc.,

I

8. Construction of references to made under enactments-
repea led enactments Sections 25·28

9. Commen::ement and termination 25 P1'ovisioos applicable to ma};:ing

of time. of rules or bye-laws after pt~-.

10 Computation of time vious publication.
11. Measurement of distance. 26 Continuation of orders, etc.,
12. Duty to be taken _pro_ _rata_ in issued under eoactroeots rep~aled

enactm ent. and re-enacted.

Provisions as to orders, rules, etc.

13. Gender and number. made under enactments-

14. Application of Acts. Miscellaneous-Sec-

Powers and Functionaries tions 17-31

27. Publications of orders and Noti-

15. When po .vers and duties to be fications in tbe official Gazette.

txercised and performed. Miscdlaneous
16. Exercise of power and perform- 28. Recovery of fines.

ance of duty by temporary 29. Provision as to offences punish-

bolder of office. able under two or more enact-

17. Power to appoint to include ments.
powel' to appoint ex-officio. 30. Meaning of ser-vice by post.

18. Powel' to appoi nt to include 31. Citation of enactments.
powel' to suspend or dismiss. 32. Saving of previous enactments,

19. Substitution of functionaries. rules and bye-laws.
20. Successors. 33 Application of Act to Ordinances

21. Official Chief:; and subordinates. and Regulations.

*Published in the A<>sam G azette on the 19th January, 1916.

[ 785 1

###### 8 ALA-99


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786 _North-Easte_ _rll_ _Region Local Acf3 &_ _R11les_ [S

An Ac for shortening the language used in Assam Acts, and for other

purposes

Whecas it is expedient to provide for the iott>rpretat ion of ksam Acts,
for sh~ rt dl iog the la nguage used therein and for ma king certai n other prov i·
sions rel a:ing to such Acts ~

It is aereby enacted as follows ;

Preliminary

I. Short title and commencement. 1his Act may be ca lled t he Assa m
G .nera l Clauses Act, 1915 .

###### NOIES

_Section_ 1. The General Clauses Act of 1897 (the Central A ct) was 1

_i_

enacted with the object to place in one single stat ute di fferent provisions
as rega •;d~ interpreta tionq of words and legal principles which would o therwise
have tc1 be specified separately in many different Acts and Regulations.

Whate\Ver th e General Clauses Act says, whether as t egards the meani ng of
wo rds o r- as rega rds legal principles, bas to be read in to eve ry statute to
which it ap plies. _[Chief inspector of Mine3_ v. _Karam Chand Thapar,_ AIR
1961 fL.:; ts3~l- This Central Act is a consolidating and amending Act

_[NibaJ ·onChandrav._ _Mahendranath,_ AIR 1963 SC 1890J. 1 bis Act was

enac t, .!d \\ ith the purpose to a void superfluity anti repetition of la nguages,
and s' t10rten la nguage used 10 parllameotary l eg is l <~ ti o n . 'J h is Act is not

meap_.t to give a hide-bound meaning to terms and phrases generall y occurr-
###### i;,,g 10 legislation [N. Subramania v. Official Receiver , AlR J95R SC 1). This

Act can a pply for the interpretation of the Constttution ns it a pplies for the
interpretation o r an Act. _[Ram_ _Ki3hore_ v. _Union_ _of_ _India,_ A IR 1966 SC

644] .

2. Meaning of the word "Act" . In this Act, the wo rd "Act" shall
mean an Assam Act.

3. Application of Act to other enactments. The provisions of Ss. 4 t o

3 1 shall a pply to the Act, und shall apply, and sha ll be deemed a lways to

\

have applied to all Acts made whether before or a fter the commencement of

this Act.
4. Definitions. In a ll Act, unless there is a nything rep ugn &n t in the
subject or context-

###### NOTES

_Section 4._ The definitions in th is sec tion will :t p ply only if th ere is

nothing repugn an t in the subject Ol' context. _[Dulichand_ v. _C . 1. T ,_ AIR
1956 SC 354 ~ _Dandhania Kedia and Co. v ._ C . 1. _T .,_ AIR 195\1 SC 219; State

###### of Punjab v. Mohar Singh, AIR 1955 SC 811 ~ Jndra Solzanlal v. Custodian,
AIR 1956 SC 77] .

( 1) " a bet" with its grammatical variations and cognate e~pr es sions

shall ha ve th e same meaning as in the Ia d ian P en? 1 Code ;
###### NOTES

_Clau_ _se_ ( 1). Section 10 ~ of the Indian Penal Code dea ls with th e defini-

###### tion of "abet" . [For similar prov isio ns see Cl. (1) of S. 3 of the Centra l Act].


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~ 4) _AHam Gen!'rnl_ _C_ _/auus_ _Act,_ 19 15 787

(2)                  - act" u sed with rererence to an offence or a civil wrong , shall

mclude a "<'rics of acts, a nd worde wbtch refer to acts done ~ball

extend also to illegal omis ions;

NOTES

_Clauve (2)_ For the definition o f tbe word '' illegal" _see_ S. 43 of the
Indian Penal Code.

. In view of the prwi~ionc; of this Act,,the expression ' act' al•o includes

###### tllcgal omi'lsio'l~ (A?t'llgrmvued Electricity Company v. Ajmer Municipnlicy,
AIR 19 ~>9 <;C 227; see _a/yo Public_ _Prosec'ltor v._ _R Roju,_ AIR 1972 I)C 2504].

(3) "affidavit" sha\\ include affi rma tion and declaration of the case

of per~o ns by law allowe d to affirm or declare instead of

swearin!! ;

NOTES

_ClwHe_ 3. Affi lavit aae~ ted bv a judicial <'fflcer does not amount to an

affidavit of the o;ig"atory. r his rlefi'lition is inclusive anrl not exhamti <' and

in o;uch cHe the proviqion of O:Hho; Act will come into play (C IY71) 1

###### sec 1021

( 4) [/) ·I etc:'d 1

('i) "Ac:o;a m Act" shall mean an Act made by the Chief Commissioner

of A ~c:n m in Council under the Tnd ian Councils Act, Jl\6 1 to

1909 or any of those Acts or unde r the Government of India Act,
191 c; . or hy the Local Legisl'lture of Assam under the Govern-

rn nt of ln tlia Act, 19\S, or by the l'rovi ncia l Legi!>l.ltur.-: or the

Go vernor of A <;~ f!m undu the Govern mt nt of India ~ct. 193'\

or hy t he Le~1'1l1tu re of th,. State ot Asnm .under the Consti-
tuti on ;

(6)                  - Barrio;ter" ~hall mcnn a harristcr of England Ol' Ireland or a

mcmh<'r of the racully of Advoca tes in Scotland;

\

(7) ["B] [e][ n~al ][A][ct" ][sha] [ll ] [mean ][an ] [Act ] [ma][de ] [hy ] [th] [e ] [Lieutenant ] [Gov-]

ernnr of Bengal in Council under the India n Councils Act, 1861.

or the Indian Counci ls' Act. 186 I and 1892, or the Ind ian

Council's Act, 1!l6 1. 1892 11nd 1909, or made by the Governor in
Council of Fort William in "Bengal under the Indian Council's

Acto;. 186 1. 1892 and 1909, or by tho local le!!i.lature of Bengal
under the Government o f India Act ;

( 8) _[Deleted.]_

(9) "British posses!tion" shall mea n any part of H er Maiesty's domi·

n ions, excluo;ive of the U ni ted Kingdom, and where pa rts of

those domi nions are under both a Central a nc\ a local legislature,

all pa rts under the Central legislature sha ll, for the purposes of

thi<> dclinition, be deemed to be one British possession ;

( 10) ''Chapter" shall mean a Chapter of the Act in which the word

occurs;

###### (ll) "Colony"-


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:Vo rlt _Ealtern_ _Rtglon Local_ _Actr .. 't Ru!L's_ [S. 4

(a) in any Assam Act passed after the commencement of Pa rt Til

of the Go vernment of India Act, 1935, shall mean a ny part
of His M ajesty's dominions, exclusive of the :9riti~h Islands,
the Dominion<: of India and Pakista n (and before the eqab-
lishmeot of those Dominions, I.Jriti. h India} , any Dominion
as defined in the Statute of Westminster, 19 31, any Province
or State form ing part of any of the said Dominions, nod
British Burma ; and

(b) in any Assam Act nasserl before the commencement of Part

IT£ of the c;aid Act, mean any p art of His Majesty'c; dominions

exclu~ive of the British Islands nnd of Briti ~h Inclia ; am\ in
either ~H~e where p11rts of tho~e dominions are under both a

Cen!ral and Local Legislature , all part;; under the Central

Leg,o;lature shall. for the purposes of this clefinition, be

deeme:1 to be one colony ;

(12) "commencement", used with reference to an Act, hall mea n the
day on which the Act comes into force ;

(13 "C'ommissioner", ~hall mran the rhief Officer in cha r ge of the

revenue · lldminio;tration of n division and shnll include the

Assam Revenue Tribunal while exercising jurisdiction hereto-
fore exercic;ed hy a Commissioner in appeals and revi<~ion in

Revenue CB'lCS ;

(14) "Consular Officer" shall include consul ,general, consul, vice-

consul, co nsula r agent, pro-co no; ul, and any person for the time
being authoric;ed to perform the duties of con<;u\-general, co nsul,
or vice-conc;ul or con<~ul agent ;

( 15) "Oeouty Commic;sioner" shall mean the chief officer-in-charge

of the gene ral adminic;tration of dist rict.

( 16) "District C'ourt" shall mean orincioal Civil Court of original

jurisdiction; but <~hal\ not include a High Court in the exercise of
its ordinary or extraordinary original civil jurisdiction ;

( 17) "Dic;trict Judge" sba ll mean the Judge of a Dist rict Court ; \

NOTES

In Maniour, Additional Di c;trict Judge would come within the meaning
of thic; clause. [AlR 1964 M rtniout' 351. The question whether an Adrlit1onal
Distnct Judge or an Additional Judge is a Judge of 1 he Di-;• net

Court and extent of hi<; powers of a Dist rict Judge shall clepend upon C1vil

Courtc; Rules etc. in force in d1tferent States . _[Kuldip Singh_ v. Tlw _Stnre_ _of_

_P11njab,_ ATR 1956 SC 391].

( 18) "document" shall include any m atter wrillcn, expre~sed or d<'•cnh-

ed upon any substance by means of letters, figures or m.•rks, or
by more than one of those means, which is intended to be used,

or which m~ty he used for tbe purpose of recording that rna tier ~

NOTES

_Clause_ 18. The Nord "document" does not include Indi.tn Currency.

A plain reading of the clause shall refute such a contention . _[Kri slman_


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_Asram General Clauses Act,_ 1915 789

_Sukumaram_ v. _Enforcement Officer,_ ATR 1968 Kerala 208] . But in another
case l '\[R I Y62 TJ:Iipura 50) it was held that the definition of document

includes foreign currency.

( 19) "Eastern Bengal and Assam" shall mean the terPitories which

were under the Administration of the Lieutenant-Governol' of
Eastern Bengal and Assam immediately priol' to the Constitution
of the Chief Commissionersltip of Assam io 1912 ;

(20) "Eastt.rn Bengal and Assam Act" shall mean an Act made by the
Lieutenant-Governor of Eastern Bengal and Assam in Council
under the Indian Councils Acts, 1861 to 1909;

(21) " enactment" shall include a Regulation (as hereinafter defined)

and any Regulation of the Bengal Code, and shall also include
any provision contained in any enactment or in any such Regula·

tion as aforesaid ;

NOTES

_Clause_ 21. The definition of enlctment in this clause is inclusive and
not exhaustive, therefore, the matter 18 not concluded merely by that fact
that an .. ) rdina nee" is oot inclu Jed in this definition. _(Haroobhai_ v. _State,_

AlR 19;,7 Ouj 2 2-J].

(22) "father" in the case of any one whose personal law perm1ts adop-

t ions shall include an adoptive father ;

(23) "financial year" shall mean the yenr commencing on first day

of April;

(24) _[Del etedj._

(25) A thing shall be deemed to be done in ••good faith " where it is

in fact d)oe honestly, whether it is done negligently or not;

NOTES

_Clause 25._ Section 25 of the Indian Penal Code and S. 2(h) of the
Limitation Act, also define "good faith", but both these definitions are at
va.riance with the definition given uodel' this clause. Under the definition in
thts clause stress is given on one aspect of honesty only irrespective of negli-
gence, but in the Indian Penal Code both the aspects-honesty and m·g\igence
have been taken into consideration. The definition given in the Limitation
Act is identical with the one given in the Penal Code. [See AIR 19 ~ 6 Orissa

\24 and AIR 1969 Bom 127]. It was held in the case of _N. Subramania_ v.

_Official_ _Receiver,_ [AIR. 19S!s SC 1), that the definition of "good faith" in the

Indian General Cla uses Act would have been applicable to the loJian Limita-
tion Act also but the legislature in its wisdom has given a special debnition of
"good faith" different from the one in the Indian General Clauses Act -so is
the case of the Indian Penal Code. It cannot be said that the definition of
"good faith" as give:• in the General Clauses Act must apply in the same
sense to every piece of legislation to which it may apply irrespective of the

subject or the context. _[See also Harbhajan_ _Singh v._ _State_ _of_ _Punjab,_ AIR

l ~66 SO 97 ; also AIR 11J66 SO 1260] But the definition of              - good faith"

given in the Factories Act (S. 117) is similar to the one given in the OeneFal

Clauses Act.


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?90 _North-Ea!lfem_ _R.Jgirm Local Acts &_ _Rules_ [S . 4

[Se~ also S. 22 of the Tndustrial Disputes Act]. For an action to amount
_mala fide_ something more th an negligence is necessary, so as to impose
liability on the actor, [AIK. 1975 SC 529].

(26) "Government" or "the Government" shall include the State

Government as well as the Central Government ;

###### NOTES

. _Clause_ 26. The term "President" can tot be divorced froin the expres-

Sion "Government of India" occurring in Art. 77 of the Constitution.
_(Chattar_ _Singh_ v. _The Union of India,_ AIR 1967 Raj 194].

(27) _W eletedJ._

(28) "High Court" shall mean the High Court of Judicature at Fort
William in Bengal ;
{29) _W eleted} ._
{30) "immovable property" shall include land , benefits to arise out

of land, and thing ~ attached to the ear th, or permanently fastened
to anything attached to the earth ;

###### NOTES

_Clause_ 30. 1'he word "immovable" as used in this Act would connote
all that would be "real" prop~rty acco rding to the English law and possibly
more. "Standing crops" are immovable pro perty [AIR 1935 Mad 134] and
"trees" would also be included in the definition [1\TR 1927 All 2'i 4l Tbe

~upreme Court in tbe case of Smt _Shantabai_ v. _State of Bombay,_ [AIR 1958

SC 532] held that ''Trees" are rega •dec\ as immovable property because they
###### are attetched to or rooted in the earth. Section 2 (6) of the Regist ration Act
expressly s1ys so and though the Tr..1nsfer of Property Act does not ~pecifi­

C<tlly define "immovable propertv, because of this clause of the General
Claus¢s -\ct. tree.; would he treated as "immova ble property" . Tbe

Supreme C'ourt in artother c'lse _rMahadeo v._ _State_ _of Bombay,_ ATR 1959 SC

735) held ttJat the things rooted in the earth as in the case of trees and
shrubs, are immovable property both within the General Cl <~ use s Act and
the Tran sfet~ of Property Act 'T'he Supreme Court in the case of Anand

_Beharn "·Stat.:_ _of Orissa,_ r \IR 195o SC 171 held that the sale of a right to
catch and c1rry a'vay fish in specific portion of the lake, is reearded as a
henefit that arises out of the land . _[See_ al~o AIR 1971 SC 20971 The
right to receive rent fol' the occupation of the land i~ the right of henefit'l
arising out of the land . [AIR 19 '2 Orissa 116 ; _See_ also ATR 1936 PC

2301. Machinery if it is affixed to the soil can be iO"movable property.

{AIR 1938 A 11 57~].

The structure which is permanently fixed to the land is immovable

property for the purpose of Pre-~mption Act [ATR 1959 J and K _n1._

Structure of a building, building, doors of a house, bamboos are all immov-
able property .

Insurance Policy is a moveable property. _[Bulchand_ _Candiram v._ _Bank_

_of lnd;a,_ AIR 1968 SC 1475] .

Interest of a partner in partnenhip assets e en coosi~ting of la nds is a

moveable property. _[Addanki_ _Naray@oppa_ v. _Blzask01a,_ AIR 1 ~ 66 SC

1300] .


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###### s. 4] Assnm General Clauses Act, 191 5 791

(31) "imprisonment" shall mean imprisonment of either C'escription as
defined in the [ndian Penal Code;

NOTES

_Clause_ 31. Undet' this clause the word 'imprisonment' means impl'ison-
ment of eithe~ description as defined in the Penal Code.

(32) _tDeletedj._

(33) " Judicial proceedings" shall mean any proceeding in the course

of which evidence is. or may be, legally taken ;

(34) "local a uthority" shall mean a body of Municip:~l or Station

Commissionel's, Local Board, Ol' any other authority entrusted

by the Government with, or legally entitled to, the control or
managelt'ent of a municipal or local fund ;

NOTES

_Clause_ 14. The State Tran ~ port Corporation is riot a local authority.

_[Valjibhai_ v. _Tire_ _State_ _of Bombay,_ AIR 1963 SO 1890]. State Electricity
Board, group of villagers and :State Housing Board are also not "local
authority".

(3 5) " Local Administ~ a tion " shall mean the Provincial Government;

(36) _LDeleted] ._

(3 7, " Magist rate" shall include every person exercising all or any of
the powers of Magistrate under the Code of Criminal Procedure
for the time bejng in force ;

NOTES

_C/auae_ 37. 1 he definition of "Magistrate" in this Act is not confined to

Magistratc:s exercising jurisoiction under tbe Code of Criminal Procedure ~ it
merely includes them.

(38) "master" used with reference to a ship shall rr.ean any person

(except a pilot or harbour-master) having for the time being
control or charge of the ship ;

( 39) "month" shall mean a month reckoned according to the British

calendar.

NOTES

_Clause_ 39. Month means English Calendar month. [AIR 1961 Tripura

16 and also see AlR l Y62 Orissa 149] .

(40) "movable property" shall mean property of every description
except immovable property ;

( 41) "notification" shall mean a notification in the official Oazelte ;

(42) " oath" shall include affirmation and declaration in the case of

person by law allowed to affirm or declare instead of swearing ;


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792 _North-Ea3tern Region Local Act3 & Rules_ {S. 4

NOTES

###### Clause 42. "Oath" includes affirmation and as such undt'r S. 145 of

the Code of Criminal Procedure affidavits from a very important piece of
evidence for arriving at a finding of poss('ssion.

(43) "offence" shall mean any act or omission m ade punishable by

any law for the time being in force ;

NOTES

###### C/au3e 43 . The word "made" used in this clause is very significant
because it carries the implica tion that some authority empov. ered to do f o
has laid down the law. (AIR 1Y 54 All 319] .

(44) "part" shall meuu a part of the Act in which the word o~:curs

(4 5) ''person" shall include any company or association or body of

individuals, whether incorporated or not ;

NOTES

###### Clause 45. An association of persons is normally one in which two or
more persons join in a common purpose or common action There is no
formula of universal application but must depend upon particular facts and
circumstnnces A Municipality [AIR 1937 Bom 417; AIR 1969 All I] ;

Hindu diety [AIR 1969 SC 1089] ; a limited company, Managing Com-
mittee of a school [A l R 1969 Orissa 30] ; Company registered under the
Companies Act LAI R 1956 Cal 137] all come within the definition of
"pel'son " , but to import this definiti.>n into S. 4 of the Partnership Act, will

be totally repugnant to the subject of partnership law because the meaning
###### of the word "penon" in the Partnership Act is controlled by the conteAt.

[AIR 1956 SC 35 ).

(46) "Political Agent" shall mean-

(aJ in relation to any territot~y outside India, the Princi pal

Officer, by whatever name called, representing the Central
Government in such territory ; and

(b) any officer appointed to exercise all or any of tbe powers of

a Pol ttical Agent for any place not forming part of India

under the law for the time being in force rela ting to foreign
jurisdiction ;

(47) _[Deleted]._

( 48) _[Deleted]._

(49) "public" includes any class of the public 011 any community ;

(50) "public nuisance" shall mean a public nuisance as defined in the

Indian Penal Code;

(51) "registered" used with reference to a document, shall mean
registered in (a Part A State or a Part C State] undel' the law for
the time being in force for the registration of document ;


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###### S. 4] A.uam General. Clau.Je.J Act, 191S 793

(52) " Regulation" shall mean a regulation made by the Govetnor-

under the Sixth Schedule to the Constitution or under the
Govemment of Indi a Act, 1935, and :-hall include a regulation
as defined inS 3 ( SO) of the General Cla uses Act, 1897;

(53) "tule" shall mean a rule made in exercise of a power conferred

by any enactment and shall include a regulation ma de &S a rule
under any enactment ;

(54) "Schedule" shall mean a Schedule to tbe Act, in which the word
occurs ;

t55) "Scheduled District" shall menn a "Scheduled District" as

defined in the Scheduled Distr-icts Act, 1874 ;

( )6) ''section" shall mean a section of the Act in which the wo~d

occurs ;

(57) "ship" shall include every description of vessel used io navigation
not exclusively propelled by oars ;

(58) "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 variatJOn:, and cognate
expressions ;

NOTES

_ClauJ"e_ 58. Where a person authorises another to sign for him, the

sigoature of the person so signing is the sig o ltu~e of the person autho~ising

him. (AlR 1976 P..1t 23~)

In this section Cls. 4, 29 and 47 were omitted by Adaptation of
Laws Order, lY SO; Cls 8, 24, 27, 32, 36 and 48 were omitted by A. 0.
Order 1937.

Clauses 11, 46 and 52 wrre substituted and 01. 47 amended _vide_ Adap-

tation of Laws (1'hil'd Amendment) Order, 1951.

(59) "son" in the case of any one whose personal law permit s adoption,

shall include an adopted son ;

(60) "sub-section" shall mean a sub-section of the stction in which the

word occurs ;

(61)             - swear" witll its grammatical variations a nd cogoate expressions,

### 1 shall include affirming and declaring in the case of persons by law

allowed to affirm or declare instead of swearing ;

(62) "vessel" shall include any ship or boat or aoy other description of

vessel used in navigation ;

(63) "will" ~hall include a codicil and every writing making a volun-

tary posthumous disposition o( property ;

(64) expressions ~eferring to •·writing" shall be comtrued as including
references to printing, lithography, photography and other modes
###### of representjng or reproducing words in a 't'isible form ; and

(65) .. year" shall mean a year reckoned according to the British
calendar.

8 ALA-100


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###### 194 North-Etutenc Region Local Act.J & Rules

General Rules of constluctioo- Sections 5 and 6

5. General rules of coo~truc lio a. (. 1) Where any Assam Act is not
expressed to come into opl!ration on a particular day, then-

(i) i!l the case of an Assam Act made before the commencement of
the Constitution, it shall come into operation, if it is an Act of
the Legislature, on the day on which the assent thereto of the
llovernor, the Governor-Ueoeral or Hts Majesty, as the case may
requ ire, is fil'st published in the official Gazette, and if is an
Act of the Governor on the day on which it is first published as

an Act in the official Gazette ; and

(ii) in the case of an Assam Act made after the commencement of

tile Constit•Jtion, it shall come into operation on the day on

wbit.;h the assent thereto of the Governor or the Prestdent, as the

ca ~e may require, is first published in the official Gazette.

(2) Unless the contrary is expressed, an Act shall be construed as com-

ing into opera two immediately oo the expiration of the day preceding its
commencement.

###### NOlES

_Section_ _5._ Sub-section {1) of this sectio n was substituted by the Adap-

tation or Laws (Third Amendment) Order, 1951.

6. Effect of repeal. Where any Act repeals any enactment hitherto

made, or h1 reafter to be made, theo, unless a different intention appears, the
repeal shall oot-
la) rev1ve anything not in force or existina at the time ut which the

repeal takes effect ; or

(b) alter the previous operation of any enactment so repealed or any-

thing duly done or suffered thereunder ; or

(.C) affect any ~ight, privilrge, obligation, or liabilily acquired,

accrued or m;urrej under any enactment so repealed ; or

(d) affect any penalty, forfeiture or punishment incurred in respect

###### of any oiience committeo against any enactment so repealed ; Ol'

l_e) affect any investigation, legal proceeding or remedy in respect

###### of any such rignt, privilege, obligation, hab11ity, pentt lty, forefei-
ture, or pumshment as aforesaid ;

and any ~ uch investigation, legal proceeding or remedy may be instituted,
continued or enforced, and any such penalty, forfeiture or punishment may
be 1mposed as it the Repealing Act had not been passed.

###### NOTES

_Section 6._ Under the law of England, as it stood prior to the Interpre-

tation Act of 1 ~ 89, the effect of repea ling a statute was said to obliterate it
a· completely from the records of Parliament as 1f it had never been passed,
except for the pur pose of tbose actions, which were commenced, prosecuted
and concluded while it was an existing law. A repeal therefore without any
saving clause would destroy any proceeding whether not yet begun or \\bethel'


-----

###### s. 8] A.uam General ClauJ6J AN, 191~ 795

pending at the time of enactment of the Repelli ng Act and not alrearly pro-

secuted to a fin1l jurigrnent so '\S to create '\ vested right. To obviate such

results a practice come into existence in Bngland to insert a saving clause
in the repealing statute with a view to preserve rights and liabilities already
accrued or incuned und er the r•peated enactment. L1ter on, to dispense with
the n e:e~'!i ty of having to in~ert a saving clluse on eac h occ1sion, S. 38 (2)
was inserted in the Interpretation Act of 1889 which provides that a repeat,

U'lle ~" the contrary intention appea~s does not affect the previous oper ation
###### of the repealed enactment or anything duly done or suffered under it and any
investig3tion, legal proceeding or remedy may be inc;titut"ed, continued or
eofori:ed in respect of any right, liability and penalty under the re pealed Act
as if the Repealing A~t has nr>t b::cn p1S'!ed Section 6 of the Oen~rat

C\au~es Act, as is w ~ l\ known, is on the sa me tines asS. 38 (2) of the Tnter·

pretation Act of England _!State n.f Punjab_ v _Mohar_ _f\ingh._ AIR 1955 SC

###### 84: The C om'ninioner of Income-tax v. Godavari, AlR l'J67 SC 5'\6 See

also Qudrat Ullah v. _Municipal Bo'lrd._ AIR 1974 -;c 39fi1 This section applies
even to p'\rtial rep~.1l. _(Elcntabaruppa_ v _C. P T_ _O_fjicer,_ ATR 196) SC

1540} The hw does not favour repeal by implication (AIR \964 SC 12~4 :

AlR 1966 SC 1780; ATR 1963 ~C t ' 611; nor any such inference can be made

[ <\IR 1970 sr. 4031. This section has no Application when a statute which

is of a temporary nature automatically expires by affiu.: of tim e [ \I .<. 1955

~C 84: AIR 19~9 '\C 609; AlR 1962 SC 94'1 A re peal effected by a

temporary \egi ~ lation is only a temporary repeal {AIR 1962 SC 128 Jl . A

p~nding action will not be prima facie affected, which is to be deciried as if
the repented enactment was still in force ( A.TR 1970 <:;C 1636: see also AlR

1976 SC 9 58] . This section will ha ve no application if the law has a
retrospective operation (AIR 1961 SC 10261 Under this section the r epeal

of any Act will not affect a ny right or liahility acquired or incurred under the
repealed enactment. [AIR 1967 SC 1541) . A vested right unrler the old

Code is saved by this section if replaced by the new Code. { -\lR 1969 SC

1225]. This section is similar to S. 6 of the Central Act.

_1._ Revl•al of repealed eoactment1 In any Act it shall be necec;sary for
the purpose of reviving either wholly or partially, any enactment wholly or
partially repea led, expressly to state that purpose.

NOTES

###### StctloJJ 1. Undef! the English Common Law when a repealing enact-

ment was repeated by another statute tbe repeal of the second Act revived

the former Act 'ab initio'. but undet' this section if an Act repealing a former

Act is itself repealed. the last l'epeal docs not revive the Act hefore repeated

unless words are added reviving it. _[.4meer-un·Nessa_ v. _Mahboob_ _Begum,_

AI 't 19 1:i SC 3' 2].

Where the repealing Act was struck down as void and constitution fro m
its inception. it could not have tho effect as if it had repealed the previous
Acts [AIR 1974 SC 1480) .

(This section h similar to S. 1 of tbe Central Act.)

8. C')ostructioo of reference• to repealed enactments Where any Act
repeals and re-enacts with or without modification . any provision of a fo rmer
enactm.:nt, tben references in any other enactment or in any instrument to
the provision so repealed shall unless a different intention appear s, be coos-
trued as references to the provisions so rc-ena~ted.


-----

###### 796 North-Ea.rern. ReiJon Local Acl.f & .&41•1 LS. 9

NOTES

Where the .. e is no repeal or re-enactment this section will not apply.             -

[AIR 1976 HP 6].

Under sub-S ( l) of this section where any Act repeals and re-enact•

with or without modiflcation, any provision of a former enactment then
references in any such enactment or in any instrument to tbe provisions so
repealed shall, unless a different iotetion appears, be construed as references
to the provisions so re-enacted . lN _C_ _J._ _Mills &_ _Co._ v. _The_ _Asstt. Collector_
_ofCemra/ Excise,_ AIR 1971 SC 454. _See also_ '\lR h66 SC 1995]. 'rhe

word "instrument" as used in this section includes any order of President as
envisaged under Act 359 ( I) of the Constitution. [AlR 1964 SC 17 3].

The Supreme Court io the case of State of U. P v _M. P._ _Singh,_ [AtR

t9fl0 SC 569) observed that the reference in the defiuition by which cler ical

and other establishments of factories are included is to the Factories Act
of 1Y34, but, by virt ue of this section, it must be construed as a reference

to the provisions of the Factories Act of 1948, which repealed the Factories
Act of 1934 and re-enacted it. (This section is simila r to S. 8 of the Central

Act).

9. Commencement aod termio:~tlon of time. In any 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".

NOTES

_Section 9._ Where an act is to be done within a specified time I. _e., a_

certain date, the day of that dat e is to be excluded. lAIR lY72 SC 1293).

(This section is similar to S. 9 of the Central Act).

10. Computation of time. Where, by any Act, any act or proceeding is
directed or allo.,..ed to be done or taken in any Court or office on a certain '/
day or within a prescribed peri )d, then, if the Coul't or office is closed oo
that day or tho last day of the prescribed period, the act or proceeding shall
be considered a<: done or taken in due time if it is done or taken oo the next

day afterwards on which the Court or office is open :

Provided that nothing in this section shall apply to any act or procet.-

ding to which the Indian Limitation Act, 1908, applies .

NOTES

The object of thiR section is to ennble a person to do what be could have

done on a holiday, on the next working day [AIR 1957 SC 271]. Even if
S "' of the Limitation Act does not apply, s 10 of General Clauses Act will

certainly apply to election petitions to be filed under the Representation of

Peoples Act. [AI ~ 1974 !)C 480].             -

11. Measurement or distance. In the measurement of any distance, for

the purpose of any Act, that distance shall unless a d1ffHent intention

appears, be measured in a straight line oo a hori:~Jootal plane.


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S· 16] _AJJam Gmeral CJauJt Act,_ 1915 _191_

U . Duty to be takeu pro rata lu enactme:.t Where. by any act, any

duty of customs or excise, or in the nature ther..:of, is levi'lble on any given

## • quantity by weight, measure or value of any ~oods or merch andise, then a

like duty is leviable accordina to tbe same rate oo any greate r or less
quantity

13. Gender and number. In all Acts, unless there is anything repug-

nant in the subject or cootext-

(1) words importing the masculine gender shall be taken to include

females; and

(2) words in the singular shall include the pl ural, and vice-verJa.

NOTES

_Sectio11_ 13. Tllis sectioD only enacts a rule of construction which will

apply "unless there is anything repugnant _h_ th• subje~Jt or context" .

[ \[R 1959 SC 219] . The word "insurer" as provided under the prov1sions of

the Insurance Act, includes person who has closed his busioeis I <\I R 1960
###### sc 971) .

14 Application or Acts. Unless and until extended under the Schedul-

ed D•stricts Act, 18 7~ or other -vise, no Act in the absence of special provi-

sions to tbe contr 1ry, shall come into force in the di')trictq of the Oaro Hills,
the Kllasi and Jaintia Hills, the Naga Hills an.! the Lushai Hills, the North
Caohu Su'l-divisioo of the c.~ctla r District, the Mikir Hills Tracts i'l the

Nowgong un i Sib;agar Districts, the L'lkli mpur Frontier fract and the
O :ntral B.mer and Wc:stern sections of the Nortb-East Frontier.

NOTES

###### Section 14 Thi~ section was o itted by Adaptation of L1ws (Third
Amendment) Order, 195 l.

General rules of construction -PmYers and fonctloo:1ries - Sections 15-ll

###### Powers and fimctionarie.J

15 When powers and duties to be exercised and pedormed. Where ao
Act confers a power or imposes a duty, then tue power may be exerci,cd and

the duty sha ll be performed from time to time as occ..t ~ i o n requires.

NOTES

###### Section 15. By vi rtue of t1is section the C)'Tlpetent autho rity will have
power to fh site<; fo r K..huti from time to time a~co rd in g to the need of the

situJtion (AIR 1953 Assam 16 ~] fbi~ section deals with the exer.:ise of
powers uccessively and h1s no relevJnce to the question as to whether the
power claimeJ can be conferred at all. (<\IR 196J SC 1198]. (This section

is similar to S 14 of the Centr.1l Act) .

###### •

16 Exercise of power and pcrrorm.1nce of duty by temporary holder or

office Where an Act confers a power or im p..>ses a duty on the holder of an

offi.:e, as u.;h, then the power mJy b~ cxerc io;rri and the duty shall be

performed by the holder for the time being of the office.


-----

###### 798 North·6(Wern Aegion Local Acta & RtJJea [S. 17

17 Power to appoint to include power to appornt ~x-officio Where by
an Act, a r>ower to appoint any per'lon to till 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.

NOTES

###### Section 17. Appointment can be made by virtue of office. [AIR 1968

SC 432. _See_ also AlR 1964 Tripura 9) .

(This sectioft is similar to S. 15 of the Central Act).

18. Power to appoint to Include power to su'ipend or dismiss Where,

by a,y act, a power to make any appointment is conferred. then, unless a
differocnt intention appears, the authority having po .ver to make the appoint-
ment shall also have power to !I'IS"end or dismiss any person appointed
by it in e~ercise of that power.

NOTES

_Section_ 18. Rec;ulting from this section which by virtue of Art. 367 (1)
###### of the Constitution applied to the Construction of the word, "appointment"
io Art. 229 ( t) thereof which vests the power of appointment in the Chief
Ju-;tice and ic; equ dly effective to veit in him the power of dism i'sal. [AIR

1956 SC 28 '1 Thi-; section confcrc; a general nowrr upon an lll)pOinting

authority to orJer suspension. [AIR 1964 SC 72; AIR !9.)9 Cal 294 ;

###### AlR 1966 SC 33~] Tn a C'lse where the As istant Secretary has to appoint

teachers on advice of Board, be is still appointing authority and can
therefore dismiss those appointed by him [AIR tQ6) Assam 101 reversed in
AIR 1967 SC 459) It is no .v well settled rule of interpretation that a powet'

to app :>int ordinarily implies a power to determine the employment. [ A.IR

1975 sc 641].

(1'bis section is similar to S 16 of the Central Act) .

19. Substitution or runctlooeries In any Act, it sh<lll be Sl lfficient, for
the purpo~e- of indicating the application of a law to every pe r ~ on or number

###### of personc; for the time being executing the functions of an office, to mention
the official rule of the officer at present executing the funct iOnS or that of the
officer by whom the functions are commonly ~xecuted.

20 . Successors. ln any Act, it shall be sufficient, for the purpose of
indicating the relation of a law to the successors of any function aries or of
corpor.llions having perpetual succession, to rxpress 1ts relation to the
fuoctionarie or corporations

Provisions as to orders, rules, etc made under enactments- Sections 'U-21

11. Official Chie(s and Subordinate In anv Act, it shall be sufficient,

f011 the purpose of exoressiog that a law relJting to chief or superior of an
office shall apply to the deputies 011 subordtnate'l lawfully performing the
duties of that office iD the place of their superior, to prescribe the duty of
the superior. '

12 Construction or orders, etc Issued under enactments. Where by any

Act, a power to make or issue any notification, order, scheme, rule, forms or
bye-law3 is conferred, then expressions used in the notification, order,scheme,


-----

###### s. 25] AJsam General Clarues Act, 1915 799

rule, form, or bye-law, shall u nless there is an} thing repugnant in the subject
or context, have the same: rel>pective me ~ uings as in the Act, conferring the

po wer.

###### 13. Power to make to include power add to, to amend, vary or rescind

orders, rules or bye·laws. Where, by any Act, a powel' to ma ke or issue

notifications, orrlers, schemes, rules, forms, Ol' bye-laws is conferred, then
that po              - er includes a power exercisable io the like manner and subJect to
the like sa nction a nd conditions (if any) to add to, amend, vary Ol' rescind
any notifica ti.m , orders, sche mes, rules, forms or bye-l:tws so made.

NOTES

_Section_ 23. This section is similar to S. 21 of the Central Act. There
is not hing in Art. 370 of the Constitution which would exclude the applica-
bility of this section .., hen interpreting the power granted by that Article.

[AIR 1970 SC 1118]. l'be orders mentioned in this section are not orders of
the kind contem p lated io S. _5 of the Citizenship_ Act. lAIR 1!:167 SC l07j.

The power to a lter the date of poll in exercise of the powers under this sec-
tion is valid. [AI R 1~74 SC 1218. Se~ a lso AIR 1976 SC 714 ; also AIR

1976 Delhi 168].

24. Making of rules or bye·laws and issuing of orders, between passing
and commencement of enactments. Where, by aoy Act, which is not to come

into opera tion on the passing thereof, a power is conferred to 1t1 a ke rules O\'
bye-laws, or to i sue orders with re1=pect to the application of the Act 011 with
respect to the e:.tablisbment of any Court or office or the appointment of any
Judge or officer thereu nder, or with respect to the person by whom, or the
time when, or the place where or the manner io which, or the fees for which,

anything is to b ~ do ne under the Act, then that power may be exercised at
any time after the pl'>sing tl'ereof but rules, bye-laws or orders so made or
issued sha ll not tate effect till the commencement of the Act.

Provisions as to orders, rules, etc. made under enactments- Sections 25-28

25. Ptol'isions applicable to making of rules or bye-laws after pre ~ ious

publication. Where, by uoy Act, a power to make rules or bye-laws is
expressed to be give n subject to the condition of the rules or bye-laws being
made after prevJOUl> publ ication, then the following provisions apply,

namely:

(I) the a uthority haviog power to make the rules or bye-laws shall,

ueforc making t hem publish a draft of the proposed rules or bye-
lawl> for the Information of persons likely to be affected thereby;

{2) the publica1 ion shall be maue in such manner as tbat authority

deems Lo be suff,cient, or, if the condition with respect to pre-

" ious publication so requires, in such manner as tbe Government

concerned pre cribes ;
(3) there shall be published with the draft a notice specifying a date

on or after which the dl'aft will be taken into consideration ;

(4) the authority having power to make the rules or bye-laws, and,

where the rules Ol' bye-laws are to be made with the sanction,
a pproval or concurrence of another authority, that authority also
sua ll coosid!!r any obJeCtion or suggenion which may be received
by tbe authority having powell to make tbe rules 011 bye-laws
trom any person with respect to the draft betore the date so

specified;


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1«>0 _North-Eavtern Region Local Acts &_ _Rules_ {S. 26

(5) the publicatiou io the official Oazatte of a rule or bye-law

purporting to have been made in exercise of a po"' er to make
rules or bye-laws after previous publication shall be conclusive
proof that the rule or bye-law ha~ been duly made.

###### 16. Continuation of orders etc., issued under enactments repealed and
re-enacted. Where any enactment is repealed and re-enacted with or without
modification, then unless it is othel'wise expressly provided, any appointment
notification, order, scheme, rule, form, 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, notification, order, scheme, rule, form, bye-law made or issued
under the provisions so re-enacted

NOTES

_Section 26_ This section deals with the continuance of orders, schemes,

r-ules, forms or bye-laws made or issued under the repealed Act. (AIR 1959

SC 648 ; AlR 1960 SC 794).
(This section is similar to S. 24 of the Central Act).

Provisions as to Orders, Rules, etc made onder enactments-Miscellaneous

Sections 27-31

1.7. Publication of orders and notifications in the official Gazette. Where

in any enactment or in any rule made unc'er any enactment, it is directed
that any order, notification or othe.l' matter shall be notified or published,
such notification or publ ication sha ll, unless the enactment otherwise
provides, be deemed to be duly made if it is published in the Official
###### Ouatte.

M iscellaaeous

28. Recovery of fines. Sections 63 to 70 of the Indian Penal Code aod

the provisions ot the \...Ode of Criminal Procedure for the time being io force
in relation to the issue and the e.\ecution of warrants fot' the levy of fines
shall apply to all fines imposed under any Act, or any rule or bye-laws made
under any Act , unless the Act, rule Ol' bye-law contains an express provision
to the contrary.

_1.9._ Provision as to offenc:es punishable under two or more enactment..

Where an act or omissivn constitutes an offence undet' two or more enact-
ments, the offender shall be liable to be prosecuted and punished under eithet'

or any of those enactments, but shall not be ltable to be punished twice for
the same offe[l()e.

NOTES

_Section 29._ This section is no bat' to trial 011 conviction but bar to

dutllicate punishment. (AlR 1969 SC 701). If applied only when both
complaints relate to same offence. (AIR 1961 SC 578).

(This se.:;tion is similar to S l6 of the Central Act).

30. Meaning of "senk:e by post". Where any Act authorises or
requires any document to be served by post, whether the ex pres., ion "give"

or .. send' or any other expression is used, then, unless a different intention

appeal'S, the service shall be deemed to be effected by propel'ly addressing,
###### prepaying and postina by registered post, a letter containina the document,


-----

###### s 3 11 Auam General Clauses Act, 1? 15 POl

and unle.)s th~: contra ry is proved, to hive been effected at the time at which
the lctt l.! r w .> ull o ~ delivered in the ord10.1ry course of post.

NOTES

_S_ _ection_ 30. Where a notice sent by registertd post was rece ived back
with an endo rsement "refused" presumption of such a n otice can also be
m ade un•ler this section . lAlR 1976 All .:> 15 ; AlK 1970 All. 446 relied
upon). N \) tice under certificate or posting a lso sufficient. (AI R 1976 Cal.

###### 478).

(Th is section ts similar to S. 27 of th e Central Act).

31. Citation of enactments. ( 1) In <~ny Act and in any rule, bye-law,

inst ru ment or document, made und er, or with referc:nce to, any such Act, any

enactment m.1y lle cited by reference lo the title or short tit le (if any)
conferred ther eon or by reference to tbe numbl'f and }'ear thereof, a nd any
provi, ion 10 any enactrnc nt m iY be cited by reference to the section or sub-
section o f the enactment in which the provtsion is contained.

(2) In any Act, a descnption or citation of a portion of a nother enact-
ment s hall, unle "':i a dlffl.! rent intention appears, be construed as including
the worJ, section or other part mentioned or referred to as form ing the
beginning anJ as forming the end of the portion comprised in tbe description
or citation.

32. Saving of pre\ iou cosctmcnts, rules aod bye-laws. Where any Act,
rule or bye. law made after the commencement of this At.t continues o r

amends any Bengal Act which is in force in Assam or uny rule or bye-law
m ade thereunder before the commencement of th is Act , the foregoing
sections of this Act s:,all not by re ason merely of such continuance or

amendment affect the const ruction of such Bengal Act.

33. Application of Act to ordinances and Regulations. The provisions of

this A ct shall apply :

(a) in reh.tion to aoy Ordinance promulgated by t he G overnor under

S. 88 or S 89 of the u overnment of India Act, 1935, as they
apply in relation to Assam Acts made und er the said Act, by the
Governor, and in relation to any regulation made by the

Govttoor under S. 92 of the aid Act as they apply in relation to

Assam Acts made by the Provincial Legislature ; and

\ b) in rel ation to any Ordinance promulgated by the Governor und er

Art 213 of the Constitution or any Regulation made by the

Governor under the Sixth Schedule to the Constitution, as they

apply in relation to Assam Acts made by the State Legislature :

Provided that Cl. (ii) of sub-S. (l) of S. _5 of this_ Act sha ll apply to any

Ordina nce referred to in Cl. (b) as if for the reference in the said Cl. (ii) to
the day of the hrst publication of the assen t to an Act in the Official Gazette
there were sub<;trtuted a reference to the day of the first publication of the
Ordinance in that Gazette,

NOtES

_Sectiofl_ 31. This section was substituted by the Ada ptation of Laws

(Third Ame ndment) Order, 1951.

(This section is similar to S. 30 of the Central A.ct).
8 ALA-101 ----


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