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·l'or Pritate anel Departmental use only.
THE
NERAL CLAUSES ACT, 1897
(X or 1897)
WITH NOTES AND APPENDICES.
CUCUTTI
CI \TI AL.
GOLIIVIT 01 INDIA
ri BIICITIA
RRICU
1998

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·PRETICE Tur -trond annotated edition of the General Clau-es Act, 1897, has heen eshimusted and on account of several amendments of the Ict hae become out of date I new edition on the same line as its predecesor In nos: Juued It contains critical and bustorical notes wluch, it 14 hop may be of use to those concerned with Indian legislation The illo appendice hah were added to the pion et les the late Mr VD. Chalmers, formerly Lau Jember of the Vicemi's Council, have been retained and brought up to date The first reproduces a note merrening the history and present position of the Indian Statute Bmk. The-cevnd, which is a digest of the main rules of statutory drafting as applied to India and is followed by some yllu-trative forin", in basert on a memorandum of English statutory drafting drawn up by Sir C Mert, KCSI, Parliamentary Counsel to the Treasury and formerly Lan Memler of the Viceroy's Council. Irw DELNI; Varsh 1950.

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·CONTEXTS
l'agr.
1-06
1 - Tnlılc of (asca cited
II - The (jeneral ("lnu«es Art, 1897
III - Arundix 1 -Nole on the Indinni
Statute look
IV -Ari DIY II Moto Statutor
Drafting
VINDLY
iSC
on
$i--)15
117-193

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·TABLE OF CASES CITED 67,70 V Aldul Gafur v Queen Lmpress (1896) I L R 23 Cal 806 36 Abdull? t Johan Gır (1859) I LR 11 All 490 11, 74 Abbot Minister of Lands (1895] A C425 43 Abloy Churn Glose { Attarmon Dassee 13 C 1931 13 Administrator General of Bengal Prem Lal Bullick (1895) L R 221 A 107 93 97 Advocate General Surnomoyee Dossee 9 MI A 391 Alter Coufman 1 Government of Bombay (189-) I LR 18 Mom 036 63, 74 Ameer Than in the matter of 6 Ben L R 453 70 Arayıl lol Imma v Pelarpakkara NS Nambudnpad, IL R 31 Vad 292 Attorney General ? Do Leyser 8 Royal Hotel, [1920] AC 508 51 Attorney Generat v Lamplough (18-8) 5 Es D 211. 33 Bali Sihu v hing Imporor 3 Int I J 433 Balkrishna Bapu lesajı (1895) II R 19 Bom 201 4.4 Buk of England v Vigliano (1891) A C 107 05 Bank of Uuper India Adnuinistrator General of Bongal LR 45 Cal 653 63 Dejos, Chandra Nag 2 Bunku Beları Mazumder, 13 Beer Chunder Vankra v Ilaj Coomar Mobodeep Chunder Deb Bariono (1883) I LR 9 Cal 535 21 Bosseswar v Jasod, La! (1913) I LR40 Cal 701 44 Bell v Municipal Commissioners for the City of Madras IL R25 Mlad 457 27 Bennett 1 Brumatt (1867) I R 3C 23 37 Beresford Hone Indy San !) urst (1899) 3Q BD 79 BO Bhagchand - Secretary of Stato I LR43 Bom 67 and 61 Bor 720 (PC) 5 59 Bichatronund le (1849) I I R 16 Cal 68* 10 Blyth 1 Birmingham Water Works (1856), 11 Excl 731 19 Bridges Port London Railway (181) LR 7 I L. 213 16 Bugsı 1 king Emperor IT RI Lih 320 53 Cumple + Strange ware (147) LN3C PD 105 Chandi P'ershad + Ibdur Rahman I LR Cal 131 €3 Cl nrlton. Lings (1969) LRC 1324 0,35 C.llector of Tinna Biashar Jaladeo Sheth I LRS 119 76, S' Il ytor of Vatlantom Corals lencata arraina rah 4 VIEW 56 Col mal Super Co 1 Ining (1990) AC Curr11 re I IR 91 m 40 Dalur Balgon la 5 Rori il CR (CJ) 37 Damoulernthan r pa sam hamı (the Bhaunapar case) RII I. II II Ilori *Pc) 10.11.' Duts Layal Net or lraneer mat (11 (177 11 R Cal 333 16 Derrrr Peth [17] SIC 33* 19 t

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·TABLE OF CASES CITED Anythmhmmad 2.2 Abdul Gafur ? Queen Impress (1896) I L 23 Cal 576 18 Aldulla v Mol an Gır (1869) I LR 11 All 490 11, 71 Abbott Minister of Lands (1693] I C 420 $5 Abloy Churn Glose v Ittarh oni Dassee 13 C 1931 18 Administrator-General of Bengal + Prem Lal Vullick (1895) L R 29 IA 107 0,07 Advocato General Surnomoyeu Dossce, 9 I 1391 09, 70 Alter Caufman. Gorernment of Bombay (1891) I LR 18 Mom 636 63, 74 Aneer hhan in the matter of 6 Ben L R 453 70 Arayıl hali imma u I elaprakkara US Nambu Iripad Attorney Generali Di leysere Royal Hotel, (1920] AC 508 61 Attorney General v T amplougl (18*8) 5 F: 1) 214 93 Bali Suhu v hing Fmperor 3 l'at I J 433 03 Bulkrishna Bapu tesnji (18J3) TIR 19 Bom 204 Bunk of England ? Vaglino (1891) IC 10- 05 Bagl of Wiper India Administrator General of Pongal II. R 45 Cal 63 63 DegasChandra Nagi Hunku Belar1 Mazumder, 13 Beer Chundor Vanikva v , Coomar Nobodcep Chunder Deb Barmono (1833) I LR Cal 635 91 Bossessor v Jnsoda 1 (1913) I LR 40 Cal 701 Boll Alunicipal Commissioners for the Cits of Madras, II 225 blad 457 77 Bennette Brumfitt (1867) I R 30 1 25 37 Beresford Hojo y Indy ban llurst (18") 23 Q 1 D 79 BO Bhagehand : Secretary of State IL 19 Bom em and 61 Rot 25 (10) 6 30 Dichitronund 1 c (1890) I I R 16 Cal 669 10 Blythr Birminghain later forhs (180) 11 Exch 1 19 Priigese North lon lon Railwar (191), L N 1 I I. 21) Bugun 1 hing in ror IIRI Lihat 53 Cimy lull Strangesnis (147) LRC PD 105 Chanlı Polnir Al lur Rahman I IR Cat 131 63 Clariton r Iings (14) LRC 394 US Cltor of Tianur Bi har Jal adco Sheth I LRS Bom ! 1. $ cllcter of Va itu; at 1m (ris lencata arriba n! Ito Count Signs Cor fring (190) Acm (urti int, I TRIE 40 6 Dalie Baigon la "RII CR (CJ) Dimolar rullan r De ram hanu (il Bhadrapar me (195) TRT10. IIRI Rri PC) 10 11,6 1) utr le alle lancer 11: (1 ? 11. R. Cal 333 Derrr 1 Ter (1?]IC 13 .

·56 51 60 03 24 53 11 74 10 24, 39 11 6 30 22 76 83 54 36 Dinshaw Jarory t Secretary of State for India, 21 Bom L R 210 Dominion of Canuda e Provinco of Ontario, (1910) Dunn v The Queen (1806, 10 B 116 Ldwards Ronald (1530), 1 Knapp P C 259 Emperor v Anandrao Phunso (1925) 27 Bom LR 1031 Esperor + Dianhu Amra (1914), 16 Bom L R 281 Emperor ^ Jag lerdeo Ram Sumar Tewari, I L R 49 Dom 801 Finpuror r Punja Guni (1917) I LR 42 Bom 231 It press Buril (1978) LR JIA 178 I LR 4 Cal 172 ( PC) Einpress i heshab Vabajan, (1982) I LR 8 Cal 935 I miss Ramınjiyya (1878) IL R 2 Mad 6 Empress Rum Naresh Singh (1912) I LR 31 All 118 Frans in re (1891) 1 QB 143 Fziekiel & Co Annada Charan Sen IL R 50 Cal 180 Indu Jhalı + Gour Moliun Jhala I LR 19 Cal 514 Foda llossen in re the petition of, I LR 1 Cal 431 I ormian Ir parte (1887), 18 Q B D 393 I rith r The Queen (1872), L R 7 LX 365 Gangndlinrrao Venkatesh Shidramapa Balap: Desai, III 18 Boin 536 Gaupat Pataya t Collector of hanara (1875), I LR1 Ibom 7 Giris Chundra Basut Apurba Krislina Dass I LR 21 (1 910 (laholm Barker (1965), L R 1 Ch App 223 Golam Mohuuddin Ilossein r l'arbati, I LR 36 Cal Gooumint Horiey (1936), 4 A & E 870 Coupuldze Gnapt Das 1 Tribhovan Jethiram, 22 Dom R 1420 <.0 don t (ann (1813) LJ RQB D 431 Government of Bombny 1 Fsufali Saleblai, 31 Bom 618 Guter Bosway po Sreegopal Chowdlıry (1867), 81 R (rus Snai Ram Sadik Muhamad 18 P R 566 Gwenn Drewitt (1991) Ch GIG llajrat Ihramnikar Taliyinin (1894) 18 Bom 499 llamilton Celle 11 bite (172) KB ** llament remith ete Railway Cor Brand (190), LR 4 11J, 171 Ilans Ilaj Yusimmat Somni, I L I 41 ALI 605 Ilaria Serretary of State I I. R 27 Boin 421 liari Vahida Surarhart Halaml hat Naghunath Kharo (169) IT 17 Bom 213 Tlazi umela - Title ni Singh 19 A I. ' 79?, ? lemanla Kamrallini Cl.cllaram 13 I C264 Il n'on al Irrorth t'rlan Council Grant (1897). To It! (D) 2.1 1117 la Varaid tlann Sing! 1 1 1 11 411 47 II trikoll nr 113) Pof 45, 46 40 17 40 77 303 36 39 43 89 18 82 46 45 ·111 V و أمل htunny ny lopo Mills, Ltd Jathaldas Pranjivandas, 12 Bom LR 730 45 llurrosundarı Dabi v Bhojohırı Das Manji, I L N 13 Cal 86 40 Indurai Bhaurat Desait Slusal Nnbhubhai 27 Bom LR 467 Institute of Patent Agents 1 Lockwood, (1891) IC 317 16, 32, 83 107 Jehangir M Cursetji u Secret ry of State for India in Council I In 27 Bom 187 66 Jonkins v Gusford (1863) 32 I J Pr 122 Jewa Nathoone I LR44 Cal 459 40 Jogodunund 1 Amrita Lal, I LR 22 C11 767 18 Jones v Gordon (1877) 2 AC 629 17 Julius Bishop of Oxford (1890) 5 AC 214 02 Kal Nath Roy ? kung Imperor 1 IR 212 34 hnylash v banatnn (1881) I LR 7 Cil 132 hennaird v Cory and Son (1899) 2 Q1 578 99 7 (olind Krislina Naran IL R33 All 356 Kochunni ) lası Nair, in re, I J N 45 Mnd 14 53 hotagiri Venkataran inujam! Pitbund 17411111 21 I 0213 Krishna ? Akilanda (1989) I L R 13 Vad 51 21 Irishnaji Ganesh Secretary of State 21 Bom LR 376 11 I Ini Narin r l'anah Singh (16+8) I IR ? Al 1 11 Inke v Butler (18+1) 61 13 9 20 Lnickne) 1711 ts au 1 John L hersten, II R 15 Bom 3.38 42 Inmbton and fletton Collierie t Secretary Vines Department of the Board of Trade and Attorney General (1923) 1 Ch 5G Lurer Nennd (189') 3 Ch 4012 I imbaji Tulsiram, in rf (1897) II 1.9 Bom iful 11. Mohameel hasim Sult Paul n this I IR Mal 078 Malomel Vall thinnbn III 37 Bom 303 41 Manon ex! Se lol irritua Yesh O fiord (1918) - Mnlarann Jasuat Sangli P1 (183) LRII 31 Makar All r Sarfudlun (19) I I. RC Cil 115 Manohar Inli -01 B can 3* IC? Marnis er arte, (192) ICM Mathuri Das e Blu Int (1) ITR 1 41 03 6 Mount Iung, Iur Vnung G, Vhont ICA 17 Mayer of Iyons 1 Int : lin Co (1936) 1 1 A 1,5 OS M trolitan Ilul ny r Jackson (1977] 31 193 19 Vttheeny lontantya Biri III 36 hod 101 IS Vannt Durton (1619) 46 Vuinr Halriges (1971) 1 Colu! 33 Vusal hurmur ul haran hermt 31 cm Vuegroin! Chun Tiking Tor (1991) IC? 33 Vain! St Andns, t'nireritr (197) AC11 Tanah RARIFVelin Jal (14) III 141! * 33 ·16 248 54, 73 27 83 28 29 78 93 23 81 60 80 Nanjippa Coun len r Peruma Goundin, 1 LR3-2 Jad 530 Narendra Yatlı Sirkar Jamalbzeini Dasi (1895), LR 23 1 A 18 Nicholls , Baker (1890) 11 CL D 262 Yirmil Chandrn Bandopadhyai ? Somt Vani Debys (146) IIN 23 Cal oli Rohin Chunder Deyt Secretary of State for India (1975), I LRI Cul 11 Osborne Millonan 18 J. J QB Padan Sohn r Emperor, 1 CW 659 Paring Rai e Arju Man, I J R 22 Cnl 139 Perumal Goundanr Thırılmalarnyapurani I PS Nidhi 1 LR 41 Mod 625 Phorinceutical Society London Supply Association, (1890) GAO 857 l'och ladhinr Secretary oState for India in Council I LR40 Vad 767 PO Cor Secretary of State for India, Bourke's Rep Pt VI 167 Powell! Kempton Park Race Course Co (1697), 2 QB CA 212 Prig Varain Barngra i Karachi Port Trust, 101 C 072 Preisliankar Raghunathjir Government of Bombay (1571) Bom II CR (ACJ) 193 Prycor Monmoutledare Canal, etc, Co, (1879] 4 AC 010 Panorde x Singh Rain Sarup Ror (1899), 1 i. R. 25 Cal R59 Quern r Murah LR51 A 178 Quren Burn Hangichan Book Singh, 3 Cul IR 197 Queen r (enjer (1970) I. RIQB DC Queen Local Government Bourd (16R2) IR 10 Q BD30 Queen Itanichundrappa (1903) I IR Wod 219 Quren inprimer Junk: I'rnen (IAS) I LR 8 111 2003 U tren Itu TEN Var gal Techchand, I L R 10 Nom 259 Qorn Imprensa Nogla IT R 12 Bom 235 Queen Impress r Varnin (1887) I. L R8 All 210 Quen Fmprmor Pharrojahnh llormusji (1693), 1 Jom In 101 Queen Fmi Trust fun lar Singh (1900), 1 L n ja au *35 Queen Imper William Plumnes (1437), I LR * Bom R11 Rr Casily (146), # Bont II C Nor C 27 Nr Malumat (1976), I LRI Hom 147 Hagho Irsad r ewa Lal, I LR34 AI! 2.3 ( TC). Rahmatullae Imperor, 32 I C 433, 1 lat L. J. 373 Tarpint, Chatterjeer Sachinandan Yandı, 6 ICCO Tamre at Singh foreretary of State for India, T 1, IL Cal 1 Mam finals Amp Mohamed (1852), I LR Cal vis Ram Kniha Argar - Sethal, I. LR 4 Wed 020 Ilau Thar Katari Jaran Das Darilat CV 1 74 37 63 03 30 11 1 no 6 11. 09 19 52 03 19 18 . 0 ·Reg u Dedar Nushyo (1870), 14 TV R Cr 81 Reg. I Imstone (1870), 7 Bom Cr Ca 89 Reg v Hermann (1879), 4Q BD 284 Reg v Jamcson (1896), 65 L J BEO 218 Rog v Kastya Rama (1871), 8 Bom Cr Ca, 63 Reg 1 McCann (1868), L R 3Q B 141, 677. Ros + Riley (1896), 1 Q B 303 Republic of Costa Rica v Erlanger (1873), L R 3 Ch D 38 12 24 68 11 77 15 45 44 6 Ret 1 Chandra (1905) 2 K B 335 Nex? Fir of Crewe (1910), 2 KB 576 Attorney General for Nora Scotia (1890) Reynolds 210 45 78 40 26 32 52, 77 78 77 5 62 03 60 70 83 Nosg v Secretary of State for India in Council, I L R. 37 Vad 55, 39 Mąd 781 Sambasıvn Char : Ramasamı Reddı, I LR 2 Had 170 Snrodn l'erslind Pahalı, I LR 10 Cal 313 Secretary of State v Blushar, 27 Bom LR 973 Secretary of State ! Bomb Landing Co (1969), 6 Bom II CR ( OCJ) 23 Secretary of State for India Hari Bhanji (1892), IL R5 Vad 273 Secretary of State for India v Blathurablia, I L R 14 Bom 213 Secretory of State for Indinin Council r Cock, çrift, I LR39 Vad 351 Secretary of State in Council of Indir Kamachi Bore Shubi 13 Moore PC 22 Segu Balınlır N Ramasantal 12 I C 603 . Shenton Smith (1895] I C 229 She onandan Prasal Singh r hing Fmperor, 3 Pat I J 641 Shen Singh Naghubans Kunnnt, I LR 37 111 634 Shendng Daulatram Vnrinli Narain Valad Asaji, 1 IR 30 Dom 999 Shibu Ilnldnr Gur: Sundari Dasta I LR4 Cal Sardar Bhagwan Singh Secretary of State for India in Council, I. NI 39 Sital Clinndra Chowdhury + Mrs I J Delannes, 20 CW 1133 Sitaram 1 l'etin, 43 1 C 102 Slex per C22ppu! (0,4 (1-25), I. RCW DO Sonthies ! \ational Association of Operatire Planters (1907) IKB 310 Sabhuzir Miller, (1920] A C 518 Soni Nain r Kanliaisalal, I L R 33 411 37 (PC) South British Fire and Marine Insurance Cor Brojo athwaha, I IR 30 Cal 516. Sruth Staffonishin Tramats (or Sickness and trci. dont issusaner fuxiation (1-21) IQB41. Simoner er Juda, I. 351 Stainton re (1) 19 Q RD 192 Stw purt Hage Industrial and Reformatory Schoo's, in re (tom 1. JACh D l'art I, 41 Sulmmanrı r The Quern (1631) I IR O Vad my Sakhnan lan r Vanalchand 10 I C 43 4 $ 2,43 45 3 98 33 PI 30 ·V Surendrn Margin Singh Bhai Lal Thakur (189-) I LR 22 Cal 752 21 Swaton v Bailey (1878] 4 A C70 35 Thurlow TL (1896) 1 QB 724 92 (tootnote ) Tirumalaisamı Naidu v Subramaniam Chettiar I LR 40 Mad 1009 45 Tomlinson » Bullock (1879) 4 Q BD 230 42 Toronto Corporation v CPR [1908] A 54 28 Umon Steam Ship Company of New Zealand v Mel bourne Harbour Trust Commissioners (1884] 9 AO 365 83 1 TI et » Tola Ran 43 IC 695 22 I an Dara Desikar v Dlurugesa Mudal IL R 29 Jad 75 25 2011 Yanardan_Joshi v Collector of_Thans and the Conservator of Torests 6 Bom HCR (ACJ) 191 53 Voss ? Secretary of State for India IL IL 33 Cal 669 56 Wanard Raoji v Natu Walad Murpha I LR 25 Bom 35 4) Williams r Howarth [1905] A 551 51 loomes! Cl andra Bose v Soorjee Kanto Roy (1880) IL RoCal 713 5 hot ng • Adam [1898] L R A C 469 ·CONTENTS Preliminary SECTIONS 1 Short title 2 Repeal Repealed General Definitions. 3 Definitions 4 Application of foregoing definitions to prerious enactments General Rules of Construction Comng into operation of entltuents Lffect of repeal 7 Revl of repealed enactments 8 Construction of references repealed enactments 9 Commencement und terminntion of time 10 Computation of time Il Jeasurement of distances 12 Duty to lie talen pro rala in en letruents 13 Gender Ind nuumlse 134 References to the Sorereigu. l'orcers and lunctionaries 14 Powers conferred on the Government to le eses. alle from time to time 13 lower to appoint to include power to ppoint er oficio 16 lower to appoint to include power to suspend or di-1111 17 Substitution of functionaries 19 Suci 19 Official Gues and subordinnten Provisions are to Orders Rules, etc, male under Inicle inants 20 Construction of orders, etı , issued under eunct. ments 21. Poner tu make, to include poner to add to, aniend, want or re-ind, orders, rules or brea laws 2. Making of rules or live-lars and asuing of ordre betntep pasug and commencement of an actment 23 PM 1 ·2 General Clauses [ACT X OF 1897 ) SECTIOVS 23 Provisions applicable to making of rules or bye- Ints, after previous publication, 24 Continuation of orders etc , issued under enact. ments repealed and re-enacted Miscellaneous 25 Recovery of fines 26 Provision as to offences punishable under two or more enactments 27 Jeaning of service by post 28 Citation of enactments 29 Saving for previous enactments, rules and byelaws 30 Application of Act to Ordinances 304 Application of Act to Acts made by the Governor General 31 Construction of references to Local Government of a Province THE SCHEDULE --Enactments repealed -Repealed ·1 THE GENERAL CLAUSES ACT, 1897. (X OF 1897.) (11th March, 1897 ] An Act to consolidate and extend the General Clauses Acts, 1868 and 1887 WH HEREAS it is expedient to consolidate and extend the General Clouses Acts, 1868 and 1857, It is hereby enacted as follows 1868 1887 Preliminary 1. (1) This Act may be called the General short title Clauses Act 197 * #2 Inne Ict does not fit ct nny change in the episting objects of Ins Its oliject, lile that of the lits it ripeals wd are concluintes is to shorten the language of statutors ennctments and to rovide for umformats of espre ou where there is identity of subject matter Ilir first enactment of the line in I nglan! rns History of Lord 1100m s Ict (13 & 14 Tict r. 21) lucht was legislation pisecd in 180 The propisions of that statute were adaptel to In lit, and women lint amplified hr the General Chu (let INGS (I of 1869), and the General Clauses let, 1887 (I of 1997) was a furtl er ortensinn of the same principle In so for a tho e los con tuned statuter definitions at 17 olrjou li espedient that the legislature dictionary, as it may be colleil, should be contained in a single enactment, and omilar coneider. ntions applied though less strongli, to rules of construc tion It also wecmed desirille to tahe the opportunity of making some additions suggested by Inter experienie and in jirtuculu to incorporate such provisions of the Interpretation let, 1989 (12263 Vict, (?) 7. lub:ht le applıcalle to India Ihnt statute, like the Indian Ict of 1897, tras drafted l, Sir C Illert, ond 2* in effect a careful 1 Timon an!" ani subsection () nere rerealed by Sch 11 of the Repealing and Amen ling Act 1914 of 1914) ·4 General Clauses. [ACT * (Preliminary.-Section 1.) a careful revision and extension of the latter. For example, the definition of " British India " in the English Act of 1889 is merely an expansion of the definition giren by the Indian Act of 1868. Its legal effect is the same, but it is more intelligible and it aroids a reference to another enactment The present Act has this further advantage, that it will tend to secure uniformity of Innguage and construction in Indian and English legisla. tion in so far as both deal with the same subject matter. As India is subject to English legislation, and as its legislative powers are derived from the English Parliament, the adrantages of formal uniformity are obrious (See Statement of Objects and Reasons, Gazette of India, 1897, Pt. V, p. 38) 3. Each of the local legislatures has passed an Act similar to this (a) The Vadias General Clauses Act, 1891. (ladias Act I of 1891 as amended by Madras Acts II of 1896 and XI of 1920). (6) The Punjab General Clauses Act, 1898 (Punjab Act 1 of 1898 as amended by Punjab Act VI of 1918) (c) The Burma General Clauses Act, 1898 (Burnia Act I of 1898 as amended by Act I of 1903 and Burma Act I of 1919). (d) The Bengal General Clauses Act, 1899 (Bengal Act I of 1899 as amended by Bengal Acts I of 1903 and I of 1914) (e) The Bombay General Clauses Act, 1904 (Bonbar Actº I of 1904 as amended by Bombay Act IV of 1905) (1) The Umted Provinces General Clauses Act, 1904 (United Provinces Act I of 1904). Lastein Bengal and As an General Clauses Act, 1900 (Erstern Bengal and Assam Act I of 1909) (1) The Central Provinces General Clauses Act, 1914 (Central 1'rovinces Act I of 1914) () The Bilar and Orissa General Clauses Act, 1917 (Bihar and Orissn Act I of 1917). (1) The Issam General Clauses Act, 1915 (Assam Act II of 1915 as amended by Assam Act I (9) The of 1922) 4. The ·1897) General Clauses (Preliminary --Section 1 1) 4 The present sct is a consolidating as well as an extending messure For the construction of a consolıdating Act, see Craics on Statute Lau , pp 12, 127 and 301 304, 3rd Edition As ? consolidating measure it does not purport to effect any change in the provis101 I purports to repeal 5 The present Act can be used for construing the Acts of the untuLlegislature_onls. It cannot ercept Wiere any specific provision (eg, sections 12, 20 and 31) is clearly of universal application, be used to interpret the Acts of provincial legislatures (See li oomesha Clundra Bose Soorjee kanto Roy (1850) I LR3 Cil 713 Queen Impress is Phierojshah ļlormusjec (1899) 1 Bom L R 164 ) Its provisions appl express ly to Acts but section 20 provides that expressions used in rules etc made under Acts shall have the same meums ns in the Act which confers the power to unle the rules Words therefore used in statutort rules and defined in the Genci l (lauses Act will have the meaning asignol to them theram at they we used in the Ict under which tlı iules ile made and all the provisions of the General Clause lot will be applicable for the construction of mulce w luch ly the Act under whid they irc made are to hive effect as if enacted thercan The rules of interple tation lud clown in the General Conuses Ict il omni le lial for the construction of statutor lules 111 ome rules in the Indian Irms Rules 1920 mnie w der section 17 of the Indian mms let 1879 there in A ecific provision to the effect that the control (11 It shall apply for the purpo e of interpretin, the rul Sme of the prorisions of the Art apply to fita ml leforo at came into forte while others do not In this it will re from the art of 1557 wuch Tal oli to lets much aftu it was passed mul follows the Intero fitntion Act (u2 & 13 list c 3) Section 5 (3) 13 16 30 21 %, ud 26 ppis to any Ste Bloklands Sccretary of State (1934) ILI SBmY7 afhrmed i, the 1C (1927) IL R Born 12 lett tion 21 of the Bomla General (Weslut ulure smilar in terms to s (tion 21 of this Ist was held to line retrospective act Stirnid le to amenintment new ini ne nr le naft r to 1 Section 13 apple to all lots Sartinns 11 (1) 9 (1) 10 (1) 11 14 (1) 17 (1) 18 (1) 14 (11, ni '7 and ) ppl onli to u cepurnt enn trellis. 7 Thus دلاری זיין 1 ויור in ferre ·6 General Clauses (ACT * Preliminary -(Sections 1-2 General Definitions —Section 3) 7 Thus definitions in section 3 are held not to apply to Acts passed before this Act came into force or the Act of 1868 tras passed-Rash Beharı vs Narain Das (1922), 27 C W N 231 Sections 4, 7 (2), 9 (2), 10 (2), 14 (2), 17 (2), 18 (2) und 19 (2) apply to certain specified previous enrctments Sections 5 (1) & (2), 22, 23, 24, 28 (1) apply to future Acts only 2. [Repeal] Rep by the Repealing and Amending Act, 1903 (1 of 1903) initions, General Definitions 3. In this Act, and in all Acts of the Governor General in Council and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context,-- For the application of the definitions mentioned in this section to the Acts of provincial legislatures and for the retrospective operation of the section see paris 5 and 7 of notes to section ] 2 As the definitions are numerous they have been prranged in alphabetical order All of them are governed br the introductory, words “ unless there is anything repugn int in the subject or contest and must be read subject to this qualification which limits the general application of the definitions For the scope of these ind similar words, see Crares on Statute Lair, 3id Ld , PP 89 to 10 123 to 135 Bonnerjee on Interpretation of Statutcs, Lecture VI p 195, In re l'zans (1891) 1 Q B 143 3 The espression " Act of the Governor General in Council" is not defined but by sections 30 and 30A of this the General Clauses) Act 2t includes a Ordinance made under section 72 of the Government of India Act ind an Act made by certification under section 67B of that Act The espression must be read as including an Act of the Indian legislature 75 constituted under the Government of India Act, of the last paragraph of g 130 of that Act (1) Abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code XLY of 1 This << ·1897) General Clauses 7 (General Definitions --Section 3) This defnition reproduces the definition given by s. 3 (1) of the General Clauses Act 1887 It incorporates bo reference ss 107 to 117 of the Indian Penal Code act used with reference to offence or a cul wrong, shall include a series of acts ind words which refer to acts done extend also to illegal omis an Act slons muu lei This definition is founded on 8 32 and 33 of the Indian Penal Code but covers coul wrongs as well 24 crimes 19 similar considerations apply to both 2 Its operation may be illustrated from the Indian Penal Code By s 299,' whoever causes death by doing an act with the intention of causing denth comnits the offence of culpabile homicide" Not if " I inten tionally cruises / $ denth putlı bu illegally omitting to gre / food and partls by benting hos committed (See 36 bid, illustration) The "act " bs wluch A CIUNI s denth consists zenllr of a series of acts ic the blows giten n lenting lum plus a series of illegal omissions vion, fully seglecting or refus ing to supply hum with food at proper times 27" affidavit shall include affirmation and Addavit." declaration in the case of persons by lun allowed to flim or declare instead of seiring This definition 14 talen from s ? (17) of the General Cloundt 1809 Compare the definitions of "onth" anul "ser" rheh are given later on in their alphiale tical order The definition is required beenuse primarily and ctimologicalls "aficaut" signifie a written state ment verified is onth The rosit it If ze a los Latin moril wel mn be tron intellie 178 stated on faith Take many old Inglı h lan ternic the terni "nflicut" derire its name from the material ford used in the document itwelf 3 Is te aflidarits in cırıl prou telings, see the Colmar Civil Procedure ( of 1905) Onler UV For criminal proceedings the Code of Criminal Procedure in (* of ISIS) : 539 [(Sa) " Assam . or onth " ·an Act 01 . Barrister" 33 S General Clauses [ACT (General Definitions - Section 3) "Assam Act' [(3a) “ Assam Act shall mean made by the Chief Commissioner of Assam in Council under the Indian Councils Acts, 1861 to 24 & 25 Vict 1909 ] [or the Government of India Act, 1 . 4,6& 1915 ] [or by the local legislature or the Gover 6 Geo 6,0 nor of Assam under the Government of India Act ] (4) barrister shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland This definition reproduces the definition given by 52 (14) of the General Clauses Act, 1868 It appears to have been taken from s 19 of the Indian High Courts Act, 1861 (24 & 25 Vict, c 104) See now s 101 (3) of the Government of Indın Act Bengal *[(5) " Bengal Act” shall mean, in the case of Acts passed prior to the 1st April, 1912, an Act made by the Lieutenant Governor of Bengal in Council under the Indian Councils Act, 1861 or the 21 & 25 Vict Indian Councils Acts 1861 and 1892, 8:07.55 and or the Indian Councils Acts, 1861 to 14,9 Edw 1909, and in the case of Acts passed 7.4 after that date, an Act made by the Governor of the Presidency of Tort William in Bengal in Council under the Indian Councils Acts, 1861 to 1909] '[or the Government of India 6 & 0, Ceo B, Act, 1915 ] [or by the local legisla ture or the Governor of the presidency of Bengal under the Government of India Act ] Without Act' 61 "This clause was inserted is Sch I of the Repealing and trending Ict 1914 (of 1914) 2 and Sch I of the Korealing f 1917) 2 anel Sch I of the Repcaling 1929) Sch' I of the Repealing and 2 and Sch I of the Repealing u Amenutib ILL IJIL 1917) These morils trere added by 8 2 and Sch I of the Reperling anul Inending Ict 1925 (TIII of 1973) ·1897.] General Clauses. (General Definitions Section 3) Without this definition, the term “ Bengal Act " might mean either an Act passed by the Bengal Council or an Act passed by the central legislature but applicable only to Bengal. It thus avoids a tedious periphrasis C/ definitions Xos (6), (30) and (35), post. Bengal is not a Governor's prorince ? Since the passing of this let, Legislative Counuils have been constituted for the Punjab, United Provinces, Bihar and Oris-a, the Central Provinces, Burma, Assam, and Coorg 66 95 c 67, 7,04 6 Geo 5, $$ 3 & 25 Vict 67, 65 & Vict, '[(5a) Bihar and Orissa Act" shall mean “ Bihar and Onlis& Act" an Act made by the Lieutenant-Gover nor of Bihar and Orissa in Council under the Indian Councils Acts, 1861 to 1909] *[or the Government of India Act, 1915] '[or by the local legislature or the Governor of Bihar and Orissa under the Government of India Act ] (6) Bombay Act shall mean an Act made "Bombay by the Governor of Bombay in Council Act" under '[the Indian Councils Act, 1861, or] the Indian Councils Acts, 1861 and 1892, 'for the Indian Councils Acts, 1861 to 1909] '[or the Government of India Act, 1915 ] (or by the local legislature or the Governor of the presidency of Bombay under the Government of India Act:] Sec note to No (5) (7) “ British India” shall mean all terri- Brit lalu tories and places within Ter Majesty a Pnelio" dominions which are for tho timo being governed by Tier Aſnjesty through the Governor 1111s clone was insertei! l, beli l of this lley aling *u1 Imending Ict 2014 (1 of 11111) : 1 hen vores were nelle TH ELI 1 of the the penalma and Imendug let, 1017 (1117) These words wit Ailele Hill of the legen and ending Act 10,4\'il «f 11.4) • The orila nito July 11. In lime le 11 (la The world ware lunettet! Hulle I nf 11. lllcain 1 Imelding fet, 1914 (of 1011) y 7, e 4 & 6 Geo 5, 6 1913) ·10 General Clauses [ACT X (General Definitions --Section 3) Governor General of India or through any Governor or other officer subordinate to the Governor General of India This definition is taken from s 18 (4) of the Interpretation Act, 1889 (52 & 53 Vict, ? 63) See Ilbert's Government of India, 3rd Ed , pp 207-273 2 Bis 2 (8) of the General Clruses Act, 1868, as originally passed “ British Indi?" is defined to mean " the territories for the time being rested in Her Majesty by the Statute 21 & 22 Pict, c 106 (An Act for the better gouernment of India), other than the Settlement of Priace of Wales' Island Singapore and Jalace?" The last twelve word, were repealed by the Repealing and Amending Act, 1891 (XII of 1891) The new definition is merely an expansion of the old definition Its legal efect is the anme, but it is more intelligible and it aroids a reference to another statute Voreover, as Indıı is ultimately governed by English statutes, it seems right that the definition of British India" should be the same for both English and Indiau des 3 I'or the definition of India see No (27), post, P 22, and note that Aden is included in British India (paragraph 6 belon) The limits of British India are not always defined by metes and bounds, and the division of sovereignty between the British Gorernment and Indian States sometimes gives rise to difficulty, see for instance, a discussion of the status of the Tributary Malals of Orissa in Empress r Keshub Johajan (1882), I IR 8 Cal 98), and Re Bichttranund (1889), I L R 16 C l 687 It is not settled that the Jalals ne not included British India see Act II of 1893 The fords "for the time being are important, foi, in the absence of express words extending the application of an ennctment to future territois, an enactinent applies only to territory covered by the description contained in the enactment at the time when it became lan A regards newly require that particular terr proclamation, 10ns, (5) orders in Stutute Laic, enry Maine's Jiputes, No 81 at p 190) 4 As ? general i ule British territors can be ceded only br legislation-Damodhar Gordhan r Dcoram Kanji, known as The Bhaunagar Case (187)) LR ? I Å 102 and I IR i Rom 367, anil the Blaunagar Act (XX of 1876) But, for the purpose of rectifying boundaries, 95 AS ON ·1897 1 General Clauses Il (General Definitions --Section 3) boundaries British territori can, perhaps be ceded to an Indian State under the suzeraints of the Queen without legislation--Lachm Narar r Partab Singh (1878), I LR2 All i, at 32 See also Krishnan Ganesh the Secretary of State (1918), A1 Bom L R 376 in Thich it mis held that the East India Company lind power to cede ans territor to an Indian Chief, and the enses of the cession of territory to the Maharaja of Benares Fmpress r Ram Naresh Singh (1912), I LR 34 all 115 See also lield's La of Tridence, 7th Ed p 374, 1bdulla s Wohan Gir (1889) 11 All 490, and Îlbert s Gouernment of India 3rd Ed pp 3.36 171 and 234 It should, however, be noted that the evercise of jurisdiction orei in territory does not ipso facto mount to the evercise of suzernity nor does it make the territois part of British India The cession of territory is almus a question of fact-Damodar Gordhan Deoran Kangi (1876) I LR 1 Bom 367 P C Aden and Perin are puts of Buitish India Queen Impress rs Vangal Tecl chand (1886) I L 10 Bom 2j8 5 The espression British Indın 18 abore defined, includes the land down to low tntermal and would ordınarily include the territorial waters of British India though not of course the high sens levond--Req Elmstone (1870) i Bom Ci Cr at p. 209 Ircording Ir the Bomba Iligh Court held in 1971 that the pro Fiszens of the Indian l'enil Code pplied to offences committed wituni me lengue of the shore of Britis Indi-Reihesti R I (1571) Bnoir But the Tcrutorul inters Jums li tion it 1998 (41 4. Tict † 73) which applies to the whole 174 Jinjesty s dominions lins leen frmed without reference to the proof tlie Indiu lezislature ind it seems noir thint SP the offen lei isnti Bintis sulject he must he punzeled in accord inct with I ngli li ind not Indian Inom and the Court li which he is to be tried must le deter mined by the hus 2 perpleving Burtish and Ind110 enactments which confer bilmirlts juurediction 11 bere 11 oftenet was committeil lr 1 sulject of an Inn State on a slur belonging to that State in the lulls 74 beyond territorul lumit , it ira held that a British Indian Cout had no jurisdiction Fmperor : l'unja Gum (1917) I LR 49 Rom 234 Tor fi inl anil protectirt upp the Indian legislature lina mnde las for Indian intersee (9 Trnsport of Salt Irt 1570 (TII of 1979) and thie Obstructions in Tails Irt ISSI ITTI, ISS) Bi section of the Iden 1 2. Regulntion 1991 Aden III of 19911 tis enacted that " In this Regulation and 10 ·12 cil” ments "British pos General Clauses. [ACT * (General Definitions --Section 3) in all enactments and rules heretofore or hereafter passed and made by the Gorernor General in Council or the Governor of Bomby in Council, the word ' Aden' shall, unless there is something repugnant in the subject or context, or the word is used rith reference to Her Majesty's Vice-Idmiralty Court at Aden, be construed to mein the settlement of Aden and such of its dependencies for the time being, inclusive of the villages of Shaikh Othm'ın, Imad and Histva, the Island of Perim and Little Aden, as are administered by the Governor of Bombay in Coun- Straits Settle 7 The Settlement of Prince of Tales' Island, Singipore and Malacca were, in pursuance of the Straits Settlements Act, 1866 (29 & 30 Vict, c 115), s 1, removed from British India and placed under the Colonial Office (8) British possession shall mean any Bession, part of Her Majesty's dominions, et clusive of the United Kingdom, and, where parts of those dominions are under both a central and a local legis lature, all parts under the central legis lature shall for the purposes of this definition be deemed to be one British possession This definition is taken from s 18 (2) of the interpietation Act, 1889 (52 € 53 Vict, c63) British India is a Buitish possession and not 1 colony, len Zealand is both a British possession and a colony-- see definition of “ Colony " \o (11), post, p 13 Barms '[(8a) “Burma Act" shall mean an Act Act." made by the Lieutenant Governor of Burma in Council under the Indian Councils Acts, 1861 and 1892 *[or the 24 & 25 Vict. Indian Councils Acts, 1861–1909) c 07,85 & 50 Vict c. 14, '[or the Government of India Act, 9 Elw 7,0 1915] '[or by the local legislature or 4.540 Geo 5, c 01 the Governor of Burma under the Go crnment of India Act 1 T(86) "Central This clause 5 inserted ly the linending Act, 1903 (1 of 1413) * Tase words were in erteil hs Shl of the Repealing and Amen ling int 1014 ( of 1914) • These words were inserted insanl Sel T of the Nepealing and linending let 1917 (1 of 19177 There words were ad le lire ? and Sch I of the Repealing an! Iinending Ict, 1929 (VII of 1923) ·6 1897.] General Clauses 13 (General Definitions --Section 3) '[(86) Central Provinces Act shall mean “Central Provinces an Act made by the Chief Commis- Act", sioner of the Central Provinces in Council under the Indian Councils or Vict Acts, 1861 to 1909] '[or the Govern- 17, 9 Edw 4,5&6 ment of India Act, 19157 '[or by the 5,0 61 local legislature or the Governor of the Central Provinces under the Government of India Act ] (9) Chapter" shall mean a Chapter of the “Chapter." Act or Regulation in which the word occurs This definition zeproduces the definition given by s 3 (2) of the General Clauses Art 1887 It is supplemento? by the definitions of “Part" “ schedule,' "* section" anl " sub section" poet No. (S), (18), (50) and (51) (10) " Collector ” shall mean, in a Presid • Collector" ency 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 Compire Bombus art I of 1904, s 3 (11) and United I'rovinces Act I of 1901, 8 4 (9) (loral General Clauses Acta). In non-legulation provinces Collectors are known as Deputy Commissioners (11) “Colony " shall mean any part of Her "Colony' Majesty's dominions cillusive of the British Islands and of British India, and, where parts of those dominions are under both a central and a local legislature all parts under tlie central legislature shall for the purposes of this definition Le deemed to be one colony Tlus definition is then from s ISO) of the Inter. tition It Illat 1 This clue antel in K vf the cond Repealing and mending Ict 1911 191) of 1914) * This words were ad ! Ils only I of tl. Pepeal ng And Imt niling Itt till 11 Tlicsenords in advanni Sct I of the Roman: an menslang 110 Vill of l.

·14 See 66 37 P 503 05 General Clauses Ł CT X (General Definitions - Section 3) ed in England do not ipso facto ipplr to colonies Crocs on Statute Laur, 31. Ed , p 40) 2 The English dct defines the expression " Britih Islands ” to mean the United Kingdom, the Channel Islands and the Isle of Jin It is unnecessary to reproduce this definition for Indian purposes The definition must now be zend with s 3 of the Irish Free State (Consequential adaptation of Enactments) Order, 1923 3 The espression colony 13 a geographical and not a political terin, ind does not impli any form, still less ant speural form, of gosernment, nor is it pre cisely co-extensive with the functions of the Colonial Seciet 711 for the status of Cyprus and other territorie see Hulshurr Luirs of England Vol 1, s $36, " Commence (12) commencement, ” used with reference ment to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force This definition reproduces the definition giren by s 3 (1) of the General Clauses Act, 1887 ci s 36 (1) of the Interpretation Act 1889 (0.2 & 03 Vict, c 63) 2 For rules determining rhen an giren Act is to come into force or operatioli, see s 5, post, p 41 (13) “Commissioner " shall mean the chief officer in charge of the revenue administration of disision Compare the United Provinces General Clauses Act, 1904 (United Provinces Act I of 1904), section 2 (11) “ Consular (14) “consular officer" shall include consulgeneral, consul, vice consul, consular agent, pro consul and ans person for the time being authorized to perform the duties of consul general, consul, vice consul or consular agent This definition is taken from 3 of the Consular Sularies and lees Ict 1991 (0+ (5Tict C ') ? Tor the status of con ular officers and consular courts in 1 stern States ne Tall's Foreign Juruction of the Cruirn (15) “ Distuct Judge "' shall mennt fudge Jodga." of a principal Coul Court of * Commis Iioner" officer 1 District {!ן ·1897] 15 General Clauses 15 (General Definitions -Section 3) jurisdiction, but shall not include a High Court in the evercise of its ordinary or extraordinary original civil Jurisdiction This definition reprodures the definition frien bis ? (12) of the General Clauses Act 1868 Most of the Acts in which the espression occurs hare now however, separate definitions of it 2.I'or the definition of "High Court," see No (24) post, p 20 (16) " document shall include any matter Doou. written, expressed or described upon ment 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 This clefinition is then from & 3 of the Indian Eridience Act 1872 (I of 1872) The word " written added in Select Committee to incorporate the definition of wuting”-see No (58, poct p 39 The defin tion coresponds with that given by a 29 of the Indian Penal Code ercept tlint the words " for the purpose of recording that matter " hure been substituted for the words " as evidence of that matter 2 The Indian Lvidence It gives the following illus trations " writing 15 ndo ument Words printed lithographed or photographed are documents Impor plan is i document In inscription on 1 metal plate oi stone is 1 document A ezruature is 7 locument The Indian Pennl Code gres ke thus further illustro tion —"Awrites lus in me on the bad of null of er. change prable to his order The meaning of the endorsement as erpluped by mercantile noge is that the bull as to be paid to the lioller The endir enient 19 a clorunient und must be constiued in the ime muner as of the proris pa to the liolder or words to that eftert had been written ones the uniture ? Is to documents scruente in legal proceed is ser l'ielil s lacoftiler Tor i d-cuinn f the term forgeil instument Pile, ISH IQB 19 here forced to leam was held ! forged instrument amitr the larger let 1941 242 Vict "S) o Strouil sulcal Dati norit " Doctiment Tag ·"colony" 13 meat, 14 General Clauses LCT (General Definitions Section 3 ed in Lngland do not ipso facto ipplr to colonies See Crues on Statute Lau, 3id Ld , p 40) 2 The English Act tlefines the eypression " British Islands" to mein the United Kingdom, the Channel Islands and the Isle of Man It mis unnecessary to reproduce this definition for Indian purposes The definition must now be rend with s 3 of the Irish Iree State (Consequential Adaptation of Enactments) Order, 1923 3 The expression a geographical and not a political term, and does not imply any form, still less w special form, of government, nor 19 precisely co-extensive with the functions of the Colon.nl Secretari Tor the status of Cyprus and other territorie, see Halsburr s Laws of England Vol 1,8 856, r 503 Commence (12) commencement," used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force This definition reproduces the definition given by s 3 (4) of the General Clauses Act, 1887 Cf s 36 (1) of the Interpretation Act, 1889 (u2 & 03 Vit , c 63) 2 lor cules determining then any given Act is to come into force or operation, see s 5, post, P 41 Commis (13) " Commissioner ” shall mean the chief officer in charge of the revenue administration of a division Comprre the United Prouinces General Clauses Act, 1904 (United Provinces Act I of 1904), section 2 (11) (14) "consular officer shall include consulofficer" gencral, consul, vice consul, consular agent, pro consul and any person for the time being authorized to perform the duties of consul general, consul, vice consul or consular agent T014 clefinition is taken from s 3 of the Congular Salurie, and Tees Act, 1891 (51 < 51 Vict, c 36) ? I'or the status of consulni officers and consular courte in listern States see nil's Torcion Jurisdiction of the Cruien (10) "District Judge" -hul mean the Judge of a principal Coul Court of original jurisdiction, stoder Congular " District adge" ·3) 66 1897) General Clauses 17 (General Definitions - Section 3) This definition reproduces the definition given by s 3 () of the General Clauses Act, 1887 Tor the definition of" yeni," see lo (59) post, p 39 2 Compare the definition of " fin incial year given by 22 of the Interpretation Act, 1959 (52 & 53 Vict 63) for this purpose English and Indian dates correspond (20) a thing shall be deemed to be done in Good good faith where it is in fact done faith honestly, whether it is done negligently or not This definition coincides with the definitions given by s 90 of the Bills of Lichange Act 1882 (45 & 16 Vict c 61), and s 62 of the Sale of Gooils Act 1893 (56 & 27 C71) 2 The definition deputs from the standard lud down hy tl ( Indun Penal Code and the Indian Limitation Act By x 2 of thnt Cocle (and similarly by 8 2 (7) of the Indian Limitation Act 1908) nothing is said to be done or believed in good faith which is done or believed without due che or attention" In other words for the purposes of the Code a thing which is done negli gently is not deemed to be done in good faith It vrould be inconvenient to apply this artificial standard to enses outside the Code There Tre many instances in which ? man is properly held negligent bir tous standard, but then it is letter to proride express that lie shall be Innble unless he has acted “in good futh and without negligence in good faith and with clue care and attention In ord: nary lange good faith 15 opposed to lood faith ind not to negligence Inglisl lan lins long reco, mirel this, for, 75 Lord Denman 591d in 1836 gr negli fence may be rulence of mola fides but is not the same thug ille nore" skirhen off the 12 seminant of the contrary doctrine - Goodman illaricy (1936) 4 ! &r at p. 87C ch Jones Gorilon (1977] INI (29 The definition of fod futhi as the suljet of discussion in the I egislative Council, set Giratief Inulia 1897 Pt 1 ur 56 to 6 and 76 to 79 The definition of ond futh given in tius ict loe not als pupre li to ilie term as u el in the Contrat lu 1 te definition in allu is that n thing is deenelt i done in pol futh which is done without alue cire en (ution in (ute ani caution eipe telofan of ordi mari prudencamaung lunPoorng Van (1911) 12 1 C 809 To: 32 or ·LACT. Frand re 18 General Clauses (General Definitions –Section 3) To the scope and meaning of the term as defined in this Act, see cises under es 41 and 51 of the Transfer of Properts let there the term has been used Blortheensa Roi than dpsa Bini, (1911) I LR 36 Vad 194 llans Raj Somnz (1922) I L R 44.111 600, Aanjappa Gounden r l'eruma Gounden, (1909) I LR 32 Vind 5301bloy Churn Gl ose ditarmon Dassee, (1908) 13 C W N 931 3 The English Courts have always nefrined from giving 1 definition of fimul but the criter of a frnudu lent representation thus summed up by Lord Herschell in Derry l'ech 1889 I R14 A C 337 at P, 374 (an action foi dimages) — 'Iraul iş prored then it is shown that a false representation has been made (1) knowingly or (2) without a belief in its truth, or (3) recl les li inteles u hether it be true or false Although I hure trented the second and third as distinct cases I thunk the third is but one instance of the second, foi one who makes a statement under euch circumstances can have no real belief in the truth of what he states To prevent a false statement being fraudulent there must, I think be in honest belief in its truth And this pro ball covers the whole ground for one who I nowingly alle res that which 19 false ha obriously no such honest belief For the purposes of contract see the definition of fraud given by 17 of the Indian Contract Act 1872 (Il of 1872) 4 I or legal purposes, negligence' mai probably be defined as the breach ly one person of a legal duty to use i ne proximately causing damage to another person Sır I Polloch hans pointed out tlint negligence esactly corresponds with culpa in Roman lar while dolus corresponds trith intentional wrong doing--Law of Torts, 12th Ed Tlie duts to use care may arise from contmet or may he imposed hr la independently of contract the general rule being that every one is bound to cxercise due care towards luis neighbours in his acts and conduct or rather that if he fails short of thus he does po nt 119 own peril If there be no legal dutr to use care the lar cin the no romance of eligence, hot erer mischievous misle its results For the theory anel hustort of negligence in Fnglish and Imerican lan, spe Il. lmes on the Cominon Laic, Chap III The cırıl effects of negligence are two fold — (1) The part injure 1 In a substantne cance of action lit the defendunt mint set up the defence that the plaintiff la« 1 een Negligence p 16 ·1897.] General Clauses. 19 (General Definitions –Section 3) bren guilty of contubutory negligencs, (2) parts who complains that another person has committed a negligent biench of duty or contract may, in certain rases, le estopped by lus own negligence--see Smith's Lcailing Cases, 12th Ed, PP 317, 321 The following citatione illustrate the above defintron -"Negligence in law is a breach of duty unintentionnl, and prosinatel producing injury to another possessing equal rights "Smitli's I art of cgligence P1 Negligence is the omission to do sometim which a reasonable min guded upon those considerations which ordinurily regulate the couruct of human afturs, 99 mest " The definition is that negligence consists in dowg some act which 1 person of ordinary care and shall would not do under the incumstances"-Bruges i Vorth London Rultay, (1874) L R 7 II L at p 213 Speaking of actionable negligence Lord Chirus says " It must be if I might invent an expression founded upon, plirase in the civil lın, incuria dans locum injuria - ctropolitan Railway Jucl son (1877), L RAC at p 198 See also Austin's Jurisprudence, 4th Ed, p 423 and Imues' Lau of lorts, pp 25 27 (21) Government 01 " the Government" Corer shall include the local Government is well as the Government of India 1 lus slefinition is new Ival Govonment ile fined by 1 1 of the (mment of Indi lit Indhall be goueled by me in the sum of Ihas Vundeti" The Government, therefore in the Govern ment of the Crown ind servants of (overnment are Stiints of the Crown Compare the defuntion of ori mnt of the Queen' en los 14 of the inhan l'ennl Colle hul tlu de tintin of (ventilt 11 byli of that Code Is apple hanted - 3631 (1) when I pecal stunton filed to the term for a si nl purpoint (9) "Government of Indin' shall me in the Govers, Governor (senerum ('oumular during went la" the above me of the Governur (uneril from us Contal the President 11) Council or the Governor General une as rezurd the power which mi theo 11 full 46 ·20 General Clause [ACT I (General Definitions --Section 3) lawfully exercised by them or him respectively This definition reproduces the definition given by s 2 (9) of the General Clauses Act, 1868 2 \ormalls the executive government of India is cured on ly the Governor General in Council-Ilbert's Gorernment of India 3rd udp 202 But provision is in le for the unavouable absence of the Governor General, and there are cert un matters in which the Governor Guneinl can act alone or in supersession of lus Council (64 42 ( 43 of the Government of India Act) By s 1 of the Government of India Act, the teritories for the time being vested in Ilis Majesty in India are governed by wd lbr pamn of 1,9 Majesty the Kmg Luperoz of Inalın lor a hustorical survey of the povers of the Government of Indlan see Ilbert's Parliamentary Legislatra in luna, 1922 Cd 1. 6 + Tigh Court 1 (24) "Iligh Court," used with reference to civil proceedings, shall mean the highest Cal Court of appeal in the part of British India in which the Act or Regulation containing the expres sion operates llis definition ieproduces the definition given by 2 (11) of the General Clauses Act, 1868 The effect of it in to include in the term Iligh Court the various Juduual Commissioners and the Chief Court of Oudh, as well an the Chartered lIigh Courts 2 The definition coulil not courementls be extended to criminal proceedings because of the complicated prova 61019 relating to I mopean British subjects I or criminal proceelings secs 1 () anuls 260 of the Code of Criminal Procedure 1999 (Act of 1898), nnd the notes in Jlenderson's edition ! l or the diretors and jurisdiction of the Cluartered 11, ('ourts sco Cowell's Courts and Legislature dullo rities in Inula nel 1, Chap 189 0 to 114 ni the Government of India Iit, and Ilbert's Goiernment of India Besides the threr old Iligli Courts at Calcutta Botnbns and lindre Chartered iligh Courts have been al lzabied at Illalialın lahore Pitain and Rangoon I or the chartır of these High Court sti (eneral Statu. ( ใน 14 3) was really the jej calits anl inet link Ic: 1J19 (Ill of 119) ·nitan tht 1711 in at the er 110 Itulatively wilt hun finenel Vusal hul CS property." complicated by land ierl properts but the latter 19 Stine tinte tie it that po! 12 nubes 1897.] General Clauses 21 (General Definitions - Section 3) tory Rule uud Ontlers, Vol I, pp 96 173 published by the Lega-lative Deputment of the Gurernment of India (25) Immovable properti' shall include “Immor. land, benefits to anse out of land, and able things attached to the earth, or peimanently fastened to anything attached to the earth This definition reproduces the definition given boss (5) of the General Clauses Act, 1805 2 is ngent.nl definition this is clearly the right one, but it is not laats applicable Growing crops and tinbei are for certain purpose a treitulis mozalles eg for registintion purposes see 2 (2) of the Indian Registration .lct, 1905 (HVI of 1908) But for micst purposes, until several this would properly be treated 18 immovable properti 3 Toi moi alle properti see No (31) post, p 26 The distinction between movable and immorable pro- 12 rules which from times—see Williams Real Property 24th p. Julby's Clements of In Gth rd p 79, and Stokes Anglo Indum Codler Tol I p 157 inmovible and real property compared by the Iris Council in 11 larana Jasual Sang' L R 11 114. where it is held that a gira's liug wis immorable properts, resemblina a freehuld interest assunout vt ne il properts in Luglind jalla 14 imov ible properti - Ramgopali Nah, nl1119 120 Cal 146, so 19 a nult of turi-arist, inland 1(1959) I LR 13 Mad 37 50 sahat-rendus la in Sughi Bhar Lal 11 ilur 181) I LR 22 Chl 752 uhul ei to dun tlit muntunant in de a charge oi immovable poput is not int fm out of land within thit minin of this definitie Decr Chandler Vanih 10 Ray Chunder The Burnen (1143 I lie olie: Inden lets heel the Inglis tribus personal properties, the lilion Will lut llo) 1 live fillonina l. lees held.to le "11 stelle See also the tous Dessat (1873), "to la 1497 suit for maintenju, Tenefits to all 1 (car II R 9 Cal 533 "real its יןrין ·" Imprison cent 92 General Clauses [Acт х (General Definitions --Section 8) sub harun Kurmi (1914) 23 I C 200, U That Tola Ram (1917), 43 I C023, ? right of war, Sital Chandra Clordlar, i Vrs & Delancy (1916), 20 CW1138, Bejoy Chandra Nag r Bunlu Dehari Mazumder (1909), 13 C 1, lents and profits, Gelam lohnuddin r l'arbati (1909), I LR 36 C11 66, trees, Sukhinandan y Vanal cland (1910), 10 I C 473, standing crops, hotagir l'enhataramanujam Patılanda Basarayya (1913) 21 I C 213, night of fishery Shulni Ilaldar i Gup Sundari (1897) I L. R 24 Cal 449 Failu Jhala r 'Gour Yohan Jhala (1892), I LR 19 Cal 541 Sitaram? l'etra (1916) 43 IC 962 (26) "imprisonment shall mean imprisonment of either description as defined in the Indian Penal Code XLV4 This defimtion reproduces the definition given by a 2 (18) of the General Clounes Act, 1868 By s 53 of the Indian Penal Code " the punishments to which offenders are huible unler the provisions of this Code 10 inprisonment, which is of to descriptions nimels (1) rigorous that is with hard labour (2) simple | The practual effect of this definition is thnt when in Ict provides that an offence may be punished with prisenment the Court mi, uits discretion make the imprisonnient either simple or rigorous Simularly, the imprisonment award able under a 488 of the Code of Crir unil Prox edure 1898 (1 of 1898) mit either simple or rigorou - Queen Impress Varain (1887), IT R9 240 (27) " India shall mein British India to gether with an territories of any Natuse Prince or Chief under the suzerainty of Her Majesty ciercised through the Governor General of India or through ani Governor or other officer subordinate to the Gosernor Genernl of India The definition is taken froin 18 () of tlır Inter pretten lit365, Vint See British India defined by Jo (7) alle 19 In thip liler *nutes the term " India' 117 often used in the narrower steerius phen to the term Briti. Inclopp 1 of the Government of Indin Act 1859 (21 23 India ·1897) 92 Vict, C PP 50 395 33 General Clauses 23 (General Definitions --Section 3) 106) See too Ilbert's Government of Inden pp 291 292 2 The present definition would probably include tubal territory under the suferunty of 11 Jajesty For the term suzet inty see lolland's Jurispru. sener 13th Ld Tlie term " India does not include french and Portuguese territories which are Foreign States Hence the use in more modern Acts of the expression « States in India " to denote what were terly called "Nature States (28) "local authority shall mean a mini Locol cipal committee district bord, body authority' of port Cossioners or other author ity legally entitled to, or entrusted by the Government with the control oL minagement of i municipal ou local fund The deutun reproduces the defuntion gruen bus? (11 the General Cluuest, 1887 Compare the defi nition given hrs 3 of the Cattle tre pass Ict, 1871 (1 of 1871), s 2 of the Locul luthorities Lonns lct, 1914 (11 of 1914) anil 3 (7) of the Indian lelt ginph let 1995 (VIII of 1891) The espression Grovernment 19 € fue d los lo (1) anti P 19 (29) Local Government shall mean the Local Gor. person authorized by lor to admunis. eratzent ** ter executive government in the part of British India in which the Act or Regulation cont uning the expression operates and shall include a Chret Commissioner The definition reproduce the definition given los (10) of the General (lauses det 1869 Compare the defi. nition 111 134 of the (10inment of Imin lot I or the powers of the lo il Government pas that it The word PI ! is defined by lo (1) 7 p 39 anal prorin e Pos In (tl) post p It press these are venteen Local Governments in Betish In numels the Governor-lur. of Bepal Bombs, Wr the United Province the l'unjab Bihir anal Oris , in mi in the Celtrl I'm Tino (Ace 16 of the Government of India Ict, 1015), and the Chref Commonenlip of the North-11 est Frontier Prorince British Maluchistina 13]i7, 1jmer and Jertan, ) > 1 ·Vadras Act." "Magis " trate 24 General Clauses [Acт х (General Definitions -Section 3) Veinar Coorg, the Indaman and Nicobar Islands, the Pargina of Janpur and Panth Piploda (30) " Madras Act” shall mean an Act 24 & 25 mode by the Governor of Fort St - 67 George in Council under '[the Indian 24 & 25 Councils Act, 1861, or] the Indun.975 Councils Acts 1861 and 1892 "[or the 14,99 Indian Councils Acts, 1861 to 1909] GcOS '[or the Government of India Act, 1915| '(or by the local legislature or the Governor of the Presidency of Madias under the Government of India Act] With this definition of Jo (5), ante p S, for the poners of local legislatures see post, pp 80 81 (31) "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 This definition reproduces the definition gren by s 2 (13) of the General Clnu-es .Ict, 1868 2 On the identical words of the repealed definition it was held thint the word 'include” is enumeratire and not exhaustire, and that a Village Munsif in Jadris was Magistrate within the meaning of - 26 of the Indian Evidence Ict, 1872 (I of 1872)-Empress i Ramanjiyya (1878), I LR2 jlnd 5 So also a lngistrate of an Îndinn State-see Qucen-Empress magla I IN 22 Bom 23Queen Empress Sundar Sigh (1890), I LR12 111 395 Friperor ? Dlanka amm (1914), 16 Rom III 261 Emrror Inan lrao Phanse (192»), 27 Bom LR, p 1034 To the Ithe effect, ee Reg Hermann (1879) + Q BD, at p 283 3 S 3 (2) of the Code of Criminal Procedure, 1899 (1 of 1899) explains that the expressione "officer esercising (or having) the powers (or tlie full potere) of a Magistrate," The Bords rere its rtel lys 3 of the Imending Act, 1903 (I of 1003) *The words were in crte! bs fets I of the Nepenling an) Imending Irt 1914 (of 1914) * Therorde kere Alle by 8 nl Sch I of the Repealing old Arending It jul".!! 1 of 1912) * TI csoporus mer nul dbs san i Sct of the Nepaling aid Amending Ict 09 ( Win 12-) ·► 1897] General Clauses. 25 (General Definitions.-Section 3.) Magistrate," ," " Sulordiunte Jagistrate, first c19s," and “ Subordinate Jagistrate, second class," shich occur in carlier enactments (eg Ict of 1861), are to be under: stood as mening Jngistrate of the first class, "Magistrate of the second class” and “Jagistrate of ti thud Class," respectively The ololete expres sone " Alagistrate of a (nsion of a district, Magistr te of the district" and Jagistrate of Police " ako arc clefined there (32) master used with reference to a Master" ship, shall mean any person (except a fof a ship). pilot or harbour-master) having for the time being control or charge of the ship : This definition reproduces the definition given by $ 3 (8) of the General Clauses Act, 1887 Compare the definitions of " chup" and "seswel " in Xos (51) and (56), post, pp 35 and 38 ? Hy s 742 of the Mercliant Shipping Act, 1894 (57 & 68 Vit , c 60), “master" includes every person (ex. rept a pilot) having command or charge of any ship, and pilot means any person not belonging to n slup who has the conduct thereof, and " seamın" includes every person (eacept masters, pilots and apprentices duly n. destuiel nnd registered) employed in any capacity on board any ship See Scrutton's Merchant Shipping Act, 548. (38) " month" shall mean a month reckoned “Month." according to the British calendar. This definition reproduce the definition given by = 2 (1) of the General Clausen Ict, ISGS This definition is only for the purposes of the .icts paned by the Indian legislature and is not applicable to contrut-South British Fire and Varine Ineurance Co 5 Brojo Yath Sahu (1909), 1. I. R. 36 Cal 516-nor to cape where tlic contest lone a different meaning, period of 30 dalama Dama Deskar r. Vurugee, Vudula (1905), I. IN 29 Jul 13 ? In let flument pred letise the ul of the ser 1850,"mouth," ulei etherne specialls inter. preted, menos lun ir month, but in detopped dlate, " month," unless the contrary intention Peira, menns milenar month-ee 13 14 let, 214, reproduced nur in 3 of the Juterpretitioz lit, l (33? Vict, 1. 6,3) l'or the meaning of the term in lommet 1891, P. pune that ·# Vadras 37 "Mags trate 244 General Clauses [ACTS (General Definitions --Section 3) Jernair Coorg, the Indaman and Nicobar Islands, the Pargını of Tanpur_ und Panth Piploda (30) " Madras Act” shall mean an Act 24+25 Dict mode by the Governor of Port St 67 George in Council under "[the Indian 24 & 25 Pict Councils Act, 1961, or] the Indian : 67,55 € Councils Acts, 1861 and 1892 (or the 14.0 Edir. 7. Indian Councils Acts, 1861 to 1909] Geo 6,2 81 'Coz the Government of India Act, 1915] '(or by the local legislature or the Governor of the Presidency of Vadias under the Government of India Act] With this definition of Jo (o), ante, p 8, for the poner of local legislatures see post, pp 80 81 (31) “Magistrate shall include every person elercising all or any of the powers of a Magistrate under the Code of Criminal Procedure for the time being in force This definition reproduces the clefimtion given by s 2 (13) of the Genernl Clouses .lct, 1868 ? On the identical word, of the repealed definition at was held that the word “ include " is enumerative and not exhaustire, and that a Village Vunsif in Varas was 1 Yngistrate within the meinng of s 26 of the Indian Evidence lct, 1872 (1 of 1872)-E mpress Ram (1878), I LR ? Vad 5 So also a Jagistrate of an Indon Statem-see Queen-Empress naglo, I I. 1? 22 Bom 239, Queen-Empress Sunular Singh (1890), I LR 12 .111 39) Imperor Di anha dmra (1914). 16 Rom L R 261 kmperors Inandirao Phanse (102)), 37 Bom I. , p1034 To the lihe effect, see Reg llermam (1870) 4 Q BD, at p 299 3 S 3 (2) of the Cole of Criminal Procedure, 1698 (1 of 1898) esplains that the espressione • olticer exercising (or having) the powers for the full joker-) of a Jagistrate," Time sur le tere !! s ttcllss 3 of the imending Act, 1003 (1 of 1903) * Three words were inserted by Ech I of the Repealing and Imending Irt 1011 ( of 1914) • To words were allel binn1 Sch 1 of the Iepealing and Arending I t 191 lit of 101"} • Il rs ruris nete all ils ani Sch I of tho Nepaling and Amending Act, 1949-(vili of 14) ·1897 ] 16 12 General Clauses. 25 (General Definitions - Section 3) Magistrate. '" Subordinate Vagistrite, first class” and Suborduunte Jagistrate, second la-s," which occur in carlier en utments (e 1 Act 1 of 1861), are to be understood as means Magistrate of the first class, Ngistrate of the second c174" und " Jagistrate of th- thund lass, 'respectively The oli olete espressione 'llagistrite of advision of a distrut, Jlagistr te of the distret and Magistrate of Police " also are defineil there (32) master used with reference to a Blaster" slup, shall mean any person (except a (of a obfp). pilot or harbour-master) having for the time being control or charge of the ship rbra definition reproduces the definition giren by $ 3 (s) of the General Ciruses Act, 1887 Compare the definitions of "ship" and " vessel " m No (51) and (56), post pp 33 am 38 2 By 742 of the Merchant Shipping Act, 1894 (57 &58 Vict, ( 60), " ma-ter" includes erery person (ex: cept a pilot) having command or charge of any ship, and pilot means any per-on not belonging to a ship who has the conduct thereof, and “serman includes every person (escept mastera, pilots and apprenticen duly in. dentured and registered) employed in any capacity on lourd any ship See Scrutton's Merchant Shipping Act, 1894, p. 548. (33) "month” shall mean a month reckoned" Month." according to the British calendar: Thus definition reproduces the definition given by 1, 2 () of the General Cime Ict, ISGS This definition 16 only for the purposes of the Icts presed lip the Indian legislaturi nud is not applicable to contracts--South Dritish Fire anul Marine Intrance Co Brojo Math father (IW), 1 LR 36 CA 911—fior to cats there the context shows a diferent mening. « 4.. period of 30 d 11 Dre Dezuri, luruyr si udulo (1905), IL R 29 Jud! 2 In.lats if Plument pas-ed liefore the cod of the ver 1850, "month, unless otherwise specially inter. preted, means lun ir month, but in leto povedronce that inte, " month," unless the contrın intention uppe irti, imeans onlendir month-ce 13 i 14 l'ict, 31. « 4, reproduced non in 3 of the Juterpretation lit, is Mil 118, 113) l'or the ideaming of the term io lecimento 1 ·Joveably property 11 111 "Property is used 26 General Clauses ACT (General Definitions - Section 3) documents other than statutory enactments, see Stroud'a Jullicil Dictionary, tit " month" Compare also Dadu Bulgouda (1868), > Bom HCR ( ACT) 39, Saroda Pershall v Pahalı (1884), I L N 10 Cal 913 (34) movable property " shall mean pro perty of every description, except immorable property This definition reproduces the definition given by 2 (6) of the General Clauses Act, 1868 Compare the definition of immovable property in No (25), unte, p 21 The term "morable property in Indir corresponds roughly with the terni personal property England for which see Williams Personal Property, 18th ril It includes both tangible property and intangible property, ruch a delits or other nctionnlle clums for which sees 130 of the Irinsfer of l'roperty Het 1892 (IV of 1882) It is to be noted that thie tern" property in different senses, and its memng must alway, he determined by the contest fint it is used to denott anything epable of being owned in other words the sulyject matter of ownership Thus we peal of house or a horse, or a bill of exchange being the property of AB, meanmg that he is the on ner of the thing in question It is in the sense that the word 19 used in thus Ict and in the Transfer of Pro perty Act, 1882 (IV of 1892) Secondly, it is used to denote the right of on nerslıp lor instance, if min lends a horse to a friend, the " proin the horse 19 sul to remun in the lender So, agun, hy ? sale the property in the goode sold as 4210 to pass from seller to buyer. So ton, lawyere spend of general and special" or rights of ownership Thuby a pledge the pledget 19u1 to acquire a special piroperts in the thing pledged, wlule the general líroperty rumunin the pledger Thirdly, the term is used to denote anithun: luule -" Thing which in turned into money or ald at a moner salue, in other words, riglity us buch may be exchanged for the on nerslısp of money ! It is in the last sense that the word 'property *ms to be trued then il man speaks of ill his properts or of hue real as opposed to lure personal, properts "-Willains' Heal l'roperty, 21th id P 3 3 Teing the term property in the sense of the olspets of ownerslur, a comprehensis definition of the nord perts' property 11 . 16 ·1897 ] 26 Vict 7:38 & Vict, General Clauses 27 (General Definitions --Section 3) word is given by a 10 of the Binkruptcy Act, 1883 (46 & 17 Vict c. 52) mamelt Properly includes money, Lood thing artion lanıl, inil every description of i roperty whether real or personal and whether situnte in England or elsewhere al o obligations, ensements and tren description of estate interest and profit, present or future rested or contingent arising out of, or incident to property as alore defined (35) North Western Provinces and Oudh North Weetcon Act shall mean an Act made by the Provinces Lieutenint Governor of the North and Oudh Western Provinces and Oudh in Act Council under the Indian Councils Act, 1861, or] the Indian Councily Acts, 1861 and 1892 With this defimtion of No (5) ante p 8, for the Irmers of loc al llitures see pure PP 80 81 (36) oath" shall include affirmation and Oatb declaration in the case of persons by law allowed to affirın or declare instead of swearing This definition reproduces the definition given bis 2 (17) of the Genehl Clauses Act, 1868 Compare the dehntions of fidnut' 111? seur () and (5)) and a sumlu olt fimtion given buss of the Interpretation Act, 1893 (52 53 Tact, 03: W lurt an lnglisht statute required proof minde upon Lond shes sur "I thinl thint nduta proof on fidavit, lut is not confined to it'Olorner 111/ man 501 T Q }} at p904 decided on 6 32 of the Soli citors Ict 1813 ( 67 Vict c73) Lorathe in India see the Indian Ortle lit 1971 (of 1973) (37) "offence shall men an act or omis • Of coce sion mode punishable by any law for the time being in force 1 dl fiution reproduce the demton prenli. 3 of the turneul (nu Ixt Sy In rest of the da fontent touto itle words art perhauperffue u. (f the Indian lunl de Vilaf 160) (38) Part 111. rls were 11 urter! hr the men og Int M3 ( 1113) given in los C 6 ·Part" 66 >> 12 3) «Porson" 66 peisou 28 General Clauses [ACT I (General Definitions Section 8) (38) Part" shall mean a Part of the Act or Regulation in which the word oc Curs This definition reproduces the definitiou given by $ 3 (2) of the General Clauses Act, 1887 Compare the definitions of " Chaptei,' schedule section and " sub section (39) person shall include any company or association or body of individuals, whether incorporated or not This definition reproduces the definition gnen brs? (3) of the General Clauses Act, 1808 Coinpire s 13, post p. 0 under Fluch words in the singulai number prima facie include the plural and rice zersa 2 The usual English form of the defination is that includes a body of persons, corporate or unincorporate 19 of the Interpretation Act, 1889 (32 & 63 Vict, c 63) The rule thus stated appears to be declarators, but it rather strengthens a well common las presumption As Lord Blackburn $219 The word per on' mar very well include both i natural person, human being and an artificial person, a corporation I thial that in an Act of Parliament unless there be sometluing to the contiars probably (but that I should not like to pledge myself to) it ought to be held to include both I have really no dlouht that in common talk the language of men not speu ing teclune all does not include an ntifical person that 14 to 825 a corporation Tobols in common talk f he nere ashed who is the richest person in I ondon would on-ser the London und North Western R ulunt Compiny The thing 14 absur! It is plain that in roman conversi. tion and orcuar speech! peron' would mean a natural pt 11111 in technical Insigtige it mas mein on artificial person in wluch it It is wel in ont particular Ict must lepe 1 dl tipon the contest and the <ulyject matter"-Pharmaceutical Society Ini lon Supply Terori itren [1990] iIC8T Ser al o Toro Cor. poration CPR (1903) IC 11 I romant a pot n-Peramal Grundau 1 Thirumalarayapuram (173) I J 1 +1 1134 The Bririt of borcu Port Trust 114 liell to le person' within the meaning of Bomlas ltlf of ISSEP'raq haram Diraquer The huracl, I'rt Trit (1910) 10 I 17? I receiver appoint fra jullinent del tor riperty is not a l'1-ou within the meaning of '? Irrafer if I'rop rti let 1882 person ·son 11 Agent 1997 ) General Clauses 29 (General Definitions - Section 3) 1882-Vahamed Kasım Sahib s l'anchapal esa (1911), I L R 3) Mod 578 A "living person 1 within the meaning of 8 5 of the Transfer of i'roperty Act, 1882, tras lield to include a 'corporation' or juristic persuch as an idol, and a definition has not been inserted to inal e this more clear Whether the Secretary of State is not a 'person' within the meaning of Indian Acts-see Legislatire Department A Proceedings, December 1873, los 5 to 8 See also the English decisions collected in Stroud's Judicial Dictionary, tit “ l'erson (40) “Political Agent " shall include- " Political (a) the principal officer representing the Goi. ernment in any territory or place beyond the limits of British India, and (6) any officer of thc Government of India or of any Local Government appointed by the Government of India or the Local Government to exercise all or any of the powers of a Political Agent for any place not forming part of British Indià under the law for the time being 10 force relating to foreign jurisdiction and extradition This definution is nl en from s 3 of the l'oreign Julection 2014 Istradition Act, 1979 (1.11 of 1879), nº amended by 1 of Act 1 of 1896, but the words shall include " hoe been substituted for the words " means and includes" The Butish 'Trude Igent in Tibet 18 not a l'olitical Igent within the neining of the term (41) " Presidency town" shall mean the Presidency local limits for the time being of the town ordinary original chal jurisdiction of the High Court of Judicature at Fort William, Indras or Bombay, as the case may be Tlus clefimtion 7tiken from 1 (h) of the Coile of Criminal l'rosulure, 19(\ of la (impue Vudre llet of 1991, 1), (local Generil Clausen 1) l'or the Pre-se neston is and the histor of the jurisdiction of the old Supreme Courts, who DOIT 1 ·30 (ACT General Clauses (General Definitions –Section 3 Pp 89 to 6 « Privs Counou transferred to the High Courts, see the Indian Presidence towns Act 1815 (5) Geo 3, c $4) and Cowell's Court and Legislatie luthonties in Indu, 5th Ed 103 (42) Privy Council" shall mean the Lords and others for the time being of Her Majesty's Most Honourable Privy Council This clefinition is taken from s 12 () of the Inter pretation Act 1949 (52 & 53 Viet c (3) For the history and functions of the Privy Council see Anson's Lau and Custom of the Constitution Pt II and Cowell's Courts and Legislatie Huthorities in India oth rd Chip IT 3 The Judicial Committee of the Prirt Council is the ultimate Court of Ippeal for India It was constituted on its present basis by the Judicial Committee Act 1833 B&4 Will 4, c 41). For the practice and procedure in Privy Council appeals see Macpherson's Priy Council Practice In addition to the appellate jurisdiction of the Purvy Council it mas le noted that His Vajesty mas under s 4 of the Act of 1833 ' refer to the sud judicial committee for hering or con derntion is such other matters whatsoever a Is Vijesti shall thun! fit and such committee sluill thereupon hear or consider the same and shall ads e Hi Jinjesty thereon in minner afore sud • Provinoe 23 Public nuance (43) "Province" shall mean the territories for the time being administered any Local Government This definiti n was then fioms 4 (9) of the Code of Criminal Procedue 1882 (Act 1 of 1882) for the definition of Local Government see l (29) ante (44) “Public nuisance” shall mean a public Puisince as defined in the Indian Penal Code VL1 of 1960 This definition reproduces the definition given in s 3 (10) General Clauses tot 1897 2. By section 269 of the Indian Penal Code (YLY of 1860) n person is guiltr of a publıc nuisance who doe Any act or is guilty of an illegal omission which cruses any common injury danger or annos ance to the public or to people in general who dwell or occup property in the vicinitt ·> Act." Vict,c 9 Edwr 5 & 5 cc 1897 ] General Clauses 31 (General Definitions - Section 3) cicmti, ul which must necessarily cause injury, obstruction dinyer oi Innoyance to persons who may have occision to use any public rightA common (public?) nu mine is not excused on the ground thint it causes moine convenience or arlıantage 3 l'or the procedure in a case of public nuisine e, see (hap of the Code of Criminal Procedure, 1898 (1 at 1898) See also & 91, Code of Civil Procedure it of 1908) The whole lan of public nuisance is discussed in Vane's Commal Lon of Indra, 4th I'd , at pr 163, 426 to 436 '[(44a) " Punjab Act" shall mean an Act "Punjab made by the Lieutenant Governor of the Punjab in Council under the 28 Vict, 7, 85 & Indian Councils Acts, 1861 and 1892] [or the Indian Councils Acts, 1861 1909] '[or the Govern ment of India Act, 1915] (or by the local Legislature or the Governor of the Punjab under the Government of India Act] (15) "registered ”, used with reference to a "1. ogester document, shall mean registered in Buitish India wider the law for the iiine being in force for the registik tion of documents Iltis defuntion reproduces the definition given by 3 (11) of the Ciener il Clausealet, 1897 Compire Uniros Ict I of * 3 (29) and Beng il lot I of 1819 3 (14) (locul General Clatcts) 2 The present lin in forte in the Inelun lle istration Irt 1905 (HVI of 1909), is uniended by sul seqment emments (40) "Regulation ” shioll mein a Regulation Nexula mide under the Government of India tun ( 34 let, 1970 'Tor the Government of 18 5, f) India .Ict 1915 1 '(or the Government of Indility Ihr 1 ed This clau en in tell I of the Ame niling Art 11 I 1921) *11** mends rinnerted ligt loft. Repeating ard men link tit 2014.1110 . These wende nere twrtellr ? Sch I of the Rering 111! Imendin lt 1017!llllif 1912) The monits tre le leant Sch To the Healne 19 Apulit III ·« Rule" * rule 32 General Clauses [Act I (General Definitions Section 3) Tbe object of this definition is to distinguish Regulations made under ss 1 and 2 of the Government of India Act, 1870 (33 & 34 Vict, c 3) corresponding to 3 il of the Government of India Act fron-(1) iules made under the powers given be an Act which are some tines cnlled iegulations" and (?) the old Bengal, Madras and Bombay Regulations made prior to 1834 for which see post, pp 71-73 2 The Government of India Act 1870, ahore referred to, was passed in order to provide a more summary procedure for the making, by the Governor General in (Eve cutre) Council, of laws for the perce and good govern ment of the more backward parts of British India Ior latrs so mnde cee post PP 78 79, and Ilberts Gororr ment of India 3rd Ed PP 238 239 (47) shall mean a rule made in ex ercise of a power conferred by any en actment, and shall include å regula tion made as a rule under any enactment This definition is intended to muk off statutory rules from non tatutory rules The provisions of ss 20 to 24 post pp 58 61 applr to rules as abore defined 2 Some English Acts-e9 the Supreme Court of Judicature Act, 1973 (36 37 Tict c. 60) s 100mer pressly declare that "rule,” include "forma" There is no substantial distinction between rules and bre los Compare the definition in the Rules Publication Act, 1893 (56 & 57 Iict CG) They are to be construed as part of the Act or statute under which they are made-Institute | Patent Agents Lochrood (1894) A C 347 Rules horrerer, mut strictlr be within the scope of the Act under which they are made It is immaterial that they have the effect of abrogating the provisions of any other act-Secretary of State Bhaskar (192) 27 Bom L R 973 Ther have the force of lor whether the Act under vluch they are made contains an espress provision to that effect or not The words in the rules have the same mein. 103 is in the Act 48) “ schedule ” shall mean a schedule co the Act or Regulation in which the word occurs This definition reproduces the definition given br. 3 (2) of the General Clauses Act 1837 Compare the def. nitions of " Chapter," " Part " " section and “suli. section " ? 1a • Schedule ·1897.] General Clauses 33 (General Definitions Section 3) 2 In England, where a provision in a schedule was repugnant to a provision in the body of the enactment, the Intter was held to prevul-Jaricell on Statutes, 6th Ed P 283 A form given in a schedule 13 zegarded 17ther as an illustration and not as controlling the substantive enactment " A schedule in an Act, says Lord Esher," is a mere question of crafting The schedule is as much a part of the statute, and is as much an enactment, 18 any other part "- Attorney General v. Lamplough (1878), 3 Es D 214, at P 229 Craies on Statute Lau, 3rd Ed , pp 200 and 201 (49) "Scheduled District shall mean a "Scheduled "Scheduled District as defined in Dutrict " XIV of 1874 the Scheduled Districts Act, 1874 The Indian Statute-book hns, from the earliest times, contained " de-regulationizing" enactments, ie enactments bang completelt ou patually, the opplıca. tion in the more breknard and les civilized ports of the county of the ordinary low, which was at first contained 20 the old "Regulations" These ennctrients tooh Faried and sometimes extremely complianteil forms, so that, in course of time, doubts aroxe and it become occasionally a matter of considerable difficulty to uscertain what lies were, and what were not, in force in the diferent "deregulationized tiacts The main object of the Scheduled Districts.lct, 1874 (II of 1874), 17 to provide 1 method of removing these doubts bi meus of notifications to be listed by the I vecutive Gor. ernment The preamble refers to the fut that" various parts of British Indlin lind never been lought within, or had from time to time been removed from the operation of the General leta and Nevulations and the jurisdiction of the ordinars Courts of Judienture", tliat "dlouhta11 arisen in some cises is to which Ict or Regulations were in force in sul ports and in other we i to shat were the loundwe ot teh port", ani tlint it was espedunt to provide reulier ineans for 7scertaining the en ict. ments in force in such territories in the boundaries thereof, and for idmm-tering the law there 11" The .ct then proceed to sprcfs and constitute n mumler of de-regulationized trets a" Scheduled Distincts" 1 term duland to include in territories to rluch the furori-1''), of 1 of thie (overnment of Inulin Act 1970 13 34 Vict, 1)--for which we put, rr 1971-mis le rule applu able, to the power (see 3) to declare los notification wit enstments are, o ne nt netuulls in force in inr “ Sileduled District"; and to provide for extending 64 ·Law Local Ertent Act, 1874 34 General Clauses [ACT X (General Definitions ---Section 3) extending by notification (see as 5 and 5A) to uni Scheduled District ' with or without modifications or restrictions any en ictment in foice in any part of British Indn it the inte of ch extension It also tuhes poners to appoint officers for the administration of a chiedluled District and to regulate their procedure and the evercise of their power therein ynd, further, to settle questions as to the bound wies of any such tract 4 very large number of declaatory and extendng u tifications under 18 } ind 5 respectively of the Act have been issued and the powers conferred bs those sections on the Ixecutive Government continue to be freels resorted to 75 OCC ision ses Tot an example of such ! notification see post p 113 2 The Laws Local Extent Act, 1874 (XV of 1874), also contains n definition of the same expression, but it and the Act immediately preceding it in the Statute booh must not be confounded The liter Act (IV of 1874) removed doubts as to the application of certain enactmenis to the whole or particular parts of British India other than the territories specified in the sixth schedule 78 "Scheduled Districts for the purposes of that Act, in respect to which no declaration was made When the "To Acts (XIV and XV) of 1874 first become law, the Lists of Scheduled Districts appended were identical but they have not remained There have, since 1874 been passed twelve Icts and three Regulations n luch have amended on patully repenled the list in the Scheduled Distuicts Ict but some only of these have mde corresponding alterations in the list inneved to the ins Local 1 stent Act, while certun places to which the provisions of s 1 of the Government of Indu det 1870 (33 34 Viet 3) have been declared applicable hare ipso facto become “Scheduled Dis tricts" for the purposes of the Scheduled Districts Act but not within the mening of the laws Local Frtent Ict (50) section ” shall mein a section of the Act or Regulation in which the word occurs This definition reproduces the definition given bi ? (19) of the General Clauses Act, 1868 Compare the defi nitions of " Chapter " Part " " schedule" and "sub section" ? Before 1850 it as usual in Fngland (and India) to prence ench distinct portion of an Act br words of enactment and division into certione had no legislatie sane tion * Section" ·le ܐܕܬܐܐܠܐܢ 11 1897 ] General Clauses 35 (General Definitions Section 3) tron By 13 & 14 Vict, c 21, s ? It is provided that all acts shall be divided into sections if there be more enactments than one which sections shall be deemed to be substantive enactments without any introductory words and in s 8 of the Interpretation Act, 1889 (52 & 53 Vict ( 63), it is provided that every section of an Act sbrii hive effect as a substintire enactment without introduc tury words The provision fo: dirision into sections Wis 1 mere duet tory indicntion to draftsmen There is utans rule as to how many difterent sentences, each con tuning 1 substantive enactment, may be comprised in one Section ind it is clear that whether in enactment le printed is part of one section or made in mother section in mahe no difference in the constiuction of the statute -Cracs on Static I Il p194 I. In Inglah ini ilu in Indian legislation It is "Claul" lunl nou to distinguish the term 11-e' from the tentu sec1011 In uning the tomei to denote tle ponsi iph when in 1 Bill the latter to denote it in an Act But is often use for Section in lecisions on i instrution —1601, p194 4 In India Icts ind sul-clause also insanbls used to clenote sub usions of sertone and changes respectivel 5 In other documents the term cluse is used to denote a substantire proussion Thus as Lou Selborne NUTS 1 cluse in a will is an "collection of words in :: will which, when removed out of a will, "111 lease the rest of the will intelligible - Sirinton Bailey (1979) HI 70 at 1 77 (51) "shup shill include evers description - Sbłp' of vessel used in nougation not exclu suvek propelled by onis This definition reproduces the definition given by - 3 () of the General Claue lit, 1997 It correspouil: with thie definition given by - 742 of the Merchant Shipping Art 1991 (27S Pictc 60), and is supplementel by the definition of "101" To () port 38 ! In autual language' shup Aslın: Vessel of a portarul ur rig l ut in legislation the termin used in its popular sene l'or the I uglines disti ing the term see Strouil' Judicial Dictionary, fit " Ship" (57) sign with its grummatical variations and cognate expression shull, with reference to a per on who in unabi eins 11 ·" mark”, It may 36 General Clauses [ACT I (General Definitions --Section 3) able to write his name, include with its grammatical variations and cognate expressions This definition reproduces the definition given by s 3 (12) of the General Clauses Act, 1837 Compare the definition of wuting ', No (58), post p 39 2 The definition, it is to be noted, merely includes signature by marh, and does not define signature atself 3 A signature my be descubed as the writing of a person s name with the intention of authenticating a document-llathura Das v Babu Lal (1878) IL R 1 All at p 083 Gangadl arrao l'enlatosh v Shridra mapa Balapa (1893), I LR 18 Bom 86 and Gur Sala Ram v Sadıl Muhammad (1883), 18 P R 066 4 signature is the vuting or othert ise affixing 1 persons pime 01 2 mark to represent his name, by himself or by his quthouts with the intention of authenticating ? document as being that of or ns binding on the person whose name oi mark is so written or affired appear in any part of the document Exchiel & Co Innadn Charan Scu (1922), I LR 50 Cal 180 No general rule can be laid down as to the sufficiency of a signature in any particular case 4 In India it has been held that the writing by a Rajn of his title might constitute a sufficient signature to n lerse-Gunee Bisuas v Srecgopal Choudhry (1867) 8W R 390, in to sign a criminal process Dedar Aushyo (1870) 2.cen (1983) I L R 6 Mnd 396 But by s 2 of the Code of Civil Procedure (Act VIV of 1882) [now s ? (20) of the Code of 19087 signed included stamped with the name of the person referred to" and it T7 held that introlled arrant signed trithin the meaning of s 251 of that Code. Qucen Emprese Janki Prasail (18SG) I L R8 All 293 See also dormal Chander Bandopadhya Sarat moni Del yn (1898), I L R 20 Cil, at p 915, where it was held that the aftising of a testator's name by a fac sımıle stomp 78 sufficient to meet the requirements of $ 50 of the Indian Succession Act, 1863 (of 18C) On the other hand it has leen held that an initinlled turint 7 not " signed within the meaning of s 75 of the Code of Criminal Procedure, 1898 (Act of 1999)- 11lul Gafurr Queen Imprese (1890) ILR 23 Cal 896 In Ingland a pencil signature to a bill of pre Chanc has been held sufficient, and it lins leen suggested that 25 LL The 71 22 Was ·name 1097] General Clauses 37 (General Definitions –Section 3) that a lithographed or stamped signature might be suffi, cient signature nude by another person but attested by much is sufficient Where a promissory note an- I William Smith promise to pay, etc , ' instead of I promise to piv with the signature appended, it was held sufficiently signed Where a statute requires a (non commercnll document or contract to be signed a mere marh, or intinls or a stimp, if intended as signatures, are sufficient and it is immaterial in what part of the document the name is introduced provided it governs the whole-Chalmers on Bills of Exchange, 9th Ed, r 329, and cases there cited In Bennett v Brumfitt (1807), LR 3C P 28 Villes, J , remarl ed that “ the using a stamp is only a compendions av of writing the party's and in The Qucen v Couper (1890), L R 24 Q BD itp 532, Lord Esher, MR, sud—“I know of no case, with the erception of 1 will in which, if a min's name is put down loy lum with the intent that it shall be treated as his signature that is insufficient because it 19 not in his handwriting See further Strouds Judicial Diclinary tit Signatue' 2nd Ld, and Jenkyns v Garsford (1863) 32 L J P. 122 (53) son ", in the case of any one whose "Son" personal law permits adoption, shall include an adopted son This definition reproduces the definition given by ? (19) of the General Clauses Act 1868 Compare the defi ition of futher " in No (18), ante, p16, ud the note thereto (54) sub section” shall mean a sub section of the section in which the word oc- tion curs This definition reproduces the definition giren bis 3 (3) of the General Clauses Act, 1887 Compare the definitions of Chapter," 4 scbellule" ind section (55) swear ", with its grammatical varia. Swear ** tions and cognate expressions, shall include affirming and declaring in the cise of persons by lw allowed to affirm or declare instead of swearing This definition is talen from the definition giren by s ? (17) of the General Cluuses Ict, 1SCS Compare the definitions of "nud ut' and "onth." ante pp and 27 for ontlıs in Indi? see the Indian Oaths Ict 1873 IT of 1873) [(550) " United Sub sec- " Part," 71 66 ·+ United Provinces Act' • Vezzel 38 General Clauses [ACT Y (General Definitions Section 3) '[(55a) “United Provinces Act shall mean an Act made by the Lieutenant Governor of the North Western Ploiinces and Oudh (or of the United Provinces of Agra_and Oudb) in Council tinder the Indian Councils Act, 1861, or the Indian Councils 24 & 25 Vect Acts 1861 and 1892] [or the Indian 6765 & Councils Acts 1861 to 1909] '[or the 14 9 Edw. 7, Government of India Act 1915) *Çor Geo's 61 by the local Legislature ог the Governor of the United Provinces under the Government of India Act ] (56) vessel ” shall include any ship or boat or any other description of vessel used in navigation Ilus definition is then from s 742 of the Merchant Shipping Act 1994 (57 & 58 Vit C 60) It supple ments the definition of " ship' in No (51) ante, p 35 2 By s 48 of the Indian Penal Code (YLV of 1860), * the word ' vessel' denotes any thing made for the con rerince by writer of humın beings or of properti (57) shall include a codicil and every writing making a voluntary posthumous disposition of property This definition reproduces the definition given by s? (10) of the General Clauses Ict,1968, ercept that the word disposition' has been substituted foi tlie word " distu bution" ? I'or the force of the word include," which a to be construed as enumeratire and not as erhaustire see Fmpress r Ruangiyya (1878) I L R 2 Jad 5 3 By s 2 of the Indian Surce con Ict, 1927, (IIVIT of 1921) “wall” means the legal declaration of the inten tion of the testator with respect to his property, which he desires - Will 66 will" "This clause was inserted by a 3 of the Amendug Act 1903 (1 of 1903) * These words were ins rted by Sch I of the Repenting and Amending Act 1914 (of 1914) These words were added 'r? und Sc I of the Nepealing and Imending Ict 1917 (YVII of 1917) • These words were ad led Issand Seh I of the Repenug and Amending Act in (Will of 172) ·931 1897) General Clauses 39 (General Definitions.-Sections 3-4.) desires to be crned into effect after his death, and ** codicil me in an instrument made in relation to a will and explaining, altering or adding to its dispositions It is considered a forming an additional part of the will. 4 In English lan 'a last will and testament is defined to be the just entence of our prill touching what we would have done after our death and in strictness the definition might perbrps be nai rowed by adding respecting personal estate, for a derise of lands 18 considered by our Courts not so much in the nature of a testament as of a conveyance by way of appointment of particular lands to particular devisee"--Il'illiams on Executors, 11th Ed tol I n + but, for walls since 1837, see the Wills Act 1837 (1 Vict, 26) (58) expressions referring to "writing Writing' shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form and This definition is taken from < 20 of the Interpretation Act, 1889 (52 € 53 Vict, c63) Compare the former definition given bi s 3 (14) of the General Clauses .lct, 1597 2 loi Luglish decisions on the term, see Stroud's Jude. cul Dictionary, tot “ writing 3 As to finger-impressions, which are for certain pur- One placed on the same footing as hand-writing, see 6s 47 and 73 of the Indian Drudence Act, 1872 (I of 1872) (59) "year shall mean a year reckoned "Year" according to the British calendar This definition reproduces the definition given by (4) of the General Clanses Act 18GS Compare the defi- Nos of the "finingulven" in No (19), ante, p 16 2 See the linglish cases collected in Stroud's Judicial Tutionary, not l'or the computation of time, 10 post, p 49 4. (1) The definitions in section 3 of the fol- Application lowing words and expressions, that is to say, definitions io " affidavit barrister" British India", prenous "District Judge " Government of cdactmente High Court", immoveable property The words "Her Vajesti' or 'the Queen'" were repealed br the Repealing and Amending Act, 1910 (STIII of 1919) 21 > lerr " father", India", ܪ܂ ·9 month's " oath > > << Part" 13 C6 40 General Clauses [Acc x (General Definitions --Section 4) property imprisonment "Local Government Magistrate " moveable property person section son swear I will" and "year" apply also, unless there is anything repugnant in the | the subject or context, to all_Acts of the Governor January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887 (2) The definitions in the said section of the following words and expressions, that is to say, abet Chapter" commencement financial year * local authority, mnaster " offence", public nuisance registered schedule ship' sign sub section and "writing apply also, unless there is anything repugnant in the subject or context, to all Acts of the Governor General in Council and Regulations made on or after the fourteenth day of January, 1887 This section preserves the effect of the definitions given by the repealed General Clouses Acts of 1868 and 1887 as regards the acts and Regulations to which they respectirely applied, and avoids reference to the repealed definitrons 2 By s 10 of the General Clauses Act, 1897 (I of 1897) the definitions given in the General Clauses Act, 1848 (I of 1868), which applied only to Acts, mere er. tended also to Regulations made after its commencement The further definitions contained in the act of 1857 applied to both acts and Regulations made after its con. mencement 3 The General Clouses Act, 1887 (I of 1837), « 3 (13), contained the following definition of " volue" • Value" "1" Talue,' used with reference to a suut, shall mean the amount or rnlue of the subject matter of the suit". Thus definition is cut out of the Bill in Select Com. mittee, as the term is used in diflerunt Acts with different ineinture and no general definition would be appropriate "Admiralty 4 Bs3 of the Coloniol Courts of Admiralty (India) Act, 1891 (XVI of 1891), " the espressions Court having Admiralty Jurisdiction and ' Admiralts Court' and the expressions ' Admiralty or Vice Admiralts cause,' and other Court ·1897 ] General Clauses 41 (General Definitions –Section 4 General Rules of Construction - Section 5 ) other espressions referring to Admiralty or \ ice-Admiraltr Courts or causes, shall, whererer any such erpression occurs in any enactment of the Governor General in Council, or of a Gorernor in Council or Lieutenant Governor in Council be deemed to include a Colonial Court of Admiralty and a Colonial Court of Admiralty cruse, and to refer to 1 Colonial Court of Admiralty or a Colonial Court of Admiralty cruse, respectively It was not thought necessary to wclude this definition in this Act General Rules Construction 5. (1) Where any Act of the Governor Gen- Coming unto eral in Council is not expressed to come into opera-enactments tion on a particular day, then it shall come into operation on the day on which it receives the as sent of the Governor General [() Where any Act of the Governor Gen eral in Council is reserved, under section 68 of the Government of India Act, 1915, for the significa tion of His Majesty's pleasure thereon, then, if no later date is expressed, it shall come into operation, if assented to by His Majesty, on the day on which that asscnt is duly notified) (3) Unless the contrary is expressed, an Act of the Governor General in Council or Regulation shall be constiued as coming into operation im mediately on the expiration of the day preceding its commencement Subxeefions (1) wl (2) ghe sules for determing the dus - which any given annetment 14 to come into force 2 The assent cops of crery Act, signed br the Goverpor General 1s hept in the Legislatire Department and the Act Brs 57 of the of 1872) the Courts are lass or rule- loring the force of Inn There apperrs to leno statutors obligation lo I of the TIR il sect on is cul stitutcllis and Set Repeating and {mending Act 1917 (TTIT of 191") ·42 General Clauses LACT * (General Rules of Construction - Sections 5 & ) to publish Acts in the official Gazette, but, as a matter of practice, this is always done without delay, and the Gazette copy 18 prima facie evidence of the correctness of the text-see ss 81 and 84 of Act 1 of 1872 They are re published in conrenrent form by the Legislatire Department 3 Sub section (3) is taken from s 36 (2) of the Interpretation Act, 1889 (52 & 53 l ict , c C3), and it adopts the principle that, generally, the low tales no cognizance of frictions of a dis-laruell on Statutes, 6th Ed P 109 Suy puse, then in Act provides that it is to come into force on the 1st of January It will become operative is soon is the clock has struck twelve on the night of the 31st December, and it could be immaterial if it could be shown that the Govei por General did not give his sent to it till 2 pm on the 1st of January I beld Inlısh rule was that ever let, not expressing the content was deemed to come into operation as from the first day of thic spansion in luck it was passed, Tunu e bin fiction of lan the whole sesion #18 onsidered to one day But this absurdit is n bolishell in 1793 by the 33 (leo 30 13 There is no alle, ality in giving zsent on a Sunday The Sundar Observince Act (29 Car 2 Ch 7) doen not apply to Ind11-Lalc and Balkaesan hersten (1990), I L R lu Bom 338 lufling enous in in Ict asented to fre, leucal Pors) were former): corrected by the nece ari Corrigenda or 7 rrata notifications in the Gazette Such a pri tiet hogeret 1s irregular ind is not non followed Vere printing errors may be corrected by hand 4 Tor the power to mshe rules orders and appoint- Inents letneen the passing ind commencement of an Iet Wuch does not come into foment once p 19 (s 37 of the Interpretation Ixt) ✓ For the fortion of. 1 dl rule and its erceptions, see Campbell Stranger ays (1877) L, R3(PD 10), Tomin son Bulloul (1879), + R B I) it p 22 in Rr Sloepee Suppl, ro (1851) I. R 29 Ch' D at sees poet Egret ol re real 6 Where this Act or an Act of the Governor General in Council or Regulation made after the commencement of this Act, repeals any enactment hitherto made or here?fter to be made then unless ·1897) General Clauses (General Rules of Construction Section 6 ) unlesy a different intention apperrs, the repeal shall not (a) relive ansthung not in force or existing at the time at which the repeal takes effect or (6) affect the previous operation of any cnactment so reperled or anything duls done or suffered thereunder, ou (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so reperled, or (d) affect any penalty, forfeiture or punishment incurred in respect of any ofience comnutted against any enactment so repealed, or (e) affect any intestigation, 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 punish ment may be imposed, as if the repealing Act or Regulation had not been passed The section is talen from 38 of the Interpretation Ict 1889 (12 & 13 vit c 63) It will not appli when an enactment expre-sly provides or when it is the intention of the legislature that existing rights should he affected Roberts Potts (1893) 21 B 33 and (1891) 1Q B 213 ? Bts 6 of the Genernl CinuseAct 1868 (1 of 1869) It is provided that "the repeal of any statute Act or Regulation shall not affect anything done or any oftence committed, or any fine or penults ineurred or any pro ceeding commencer, before the repealing fet hull fin come into operation ? Clau e (a) applies to any act lin on right It requires verr clear anil unmistahable language in a sub sequent Ict to ierise or recreate an espired right-Laur, r Nenad (1892) 1'' 402 Guyanes Drexritt (1891) ? Ch 016 See also raiesen Statute Lar 3rt Fit 37 P 292 ·is done" General Clauses [ACT x (General Rules of Construction --Section 6 ) # In lleston and Islerrorth Urban Council Grunt (1897), 2 Ch 306, it ras held that notice giren under an Act which was subsequently repealed remained in force and that the liabiliti incurred by virtue of that notice could be enforced It is well established that the law as it exists when the action commenced decides the rights of the parties in the suit unless the legislature express a clear intention to vary the relation of litigant parties to ench other--lletchcock s Il ay (1837) 6 A & E 943 at p. 91, Vloon, Durden (1818), 21, 22, at 143, Smithres Tational Association of Operatrie Plasterers (1909), 1 K B 310 at p 319 5 The general rule of the common law is that a statute is not to be construed retrospectively unless in plain words it has been made retiaspective ſo this rule there was the exception of statutes jegulating the practice and procedure of the Courts lo suitor, sats Vellish, I, J," hrs any rested interest in the course of procedure, nor any right to complun if, during the litigation, the procedure is changed, prorided of course that no injustice Alterations in the procedure are always retrospectre unles, there be some good reason against it- Hazrat 1hramnisoa Talruluissa (1894) I L R 18 Bom 429 Balkrisl na Bapu Yosani (1894) I L. TI 19 Born 204 Girish Clundra Basu i spurba krishna Dass (1894) I L R 21 Cal 940, Beseesicar y Jaroda Lal (1913), IL R 40 Cal 704 I statute clealing with procedure only, unless the contrary is espressed, applies to all actions, whether commenced before or after the passing of the statute This rule applies even if the statute shortene or extend the period of limitation prescribed for the institution of an action-Rex, v Chandra (1905), KB 335 at pp 338, 339 See Bcale on Ieval Interpretation, 1 170 3rd J But a new statute of limitation cannot disturb the title alreads acquued or serne one already estiguislielahunn 1 al Gobind Krishna (1911), I I. R 33 111 3G (PC), Vlahomcil Vich 37 Bom 393, Gojakas LR 1420, Indurai Shu at p 471 It s dloubtful ce parte dlecree us seemed to learnt within de mening of ' s C. Vanol ar Lale Sadlıqa Begam (1916), 37 I C 202 i rule of limutation not being 'n rule of bulatıntıre lux # not peseriel la 6, Irawl halı imia Pelappallara (1910), I L 134 Vad 292 S fnpplies only where the change in the 198 1s the result of the Tepenl of an old enactment and copy not estend when it is due T ·1897] General Clauses 15 (General Rules of Construction - Section o 6) is due to 11 addition to it-Jigulamundi imrita Lal (189) IL R2 Cal 767, llcmandas r Challaram (1910f 131 (26+ In acl nowledgment of liability onls estenils the period of limntation anil does not confer title ind is not thing clone undei s 6(0)- Soni Ram honlar ja I al (1913) IR }, 411127 (PC), Hope Tilllis (1910) 12 Bom LR 730, Turunalur ums Subramunun (1916) I L R 40 and 1002 A liability incuried under i repealed Act cannot be enforced by means of the procedure laid down by the repealing act-Republic of Costu Rica Erlanger (1873), LRCh D 62 at p 69 lleston and Isleu orth Urban Council Grant (1997), LR ? Ch D 06 Joung Adam [1899] L R 4( 409, ind Warwell on Statutes, 6th Edl P 100 6 The Ict of 1897 espresslt saved proceedings commenced before the repealing Act came into force The Act of 1897 followiug tlie English statute of 1889, caves pot onls rıhts and obligations accrued before the repeal, but also the procedure to give effect to them In the future if n procedure Act is repealed and a new procedure is substituted, the proper course will be to provide espressly how £ır the new procedure is to apply to pending proceedings, and to proceedings thereafter to be instituted to give effect to rights and obligations already accrued 8 For the lepeal of an Act which modifies or amends a fornier Ict, see Glaholm Barker (1865) L R 1 Ch Apr 223, at p 229, and cf the Cantonments Act, 1997 (11 of 1897) 9 This section does not exteud to rules made under 10 Act, for which the common las doctrine alore referred to seems to have been usually relied upon, no espress saring being declared as regards arthing done under superseded statutory rules Rules mule under an ict which repelul in jepealed with the repeal of the poi ci in der wluch they are made 10 1 meie night aisting at the date of repenling stitute to tale advantage of the provi Dionis at the statute repealed is not a “riglit accruel 'within the meaning of the sung chi e Il lot Vinister of Lond: (189) C12, Reynolls clit Gent for scia Scotur (1890) LC 210 But see Ilamilton Gell illite (1922) K B12?, in which it as hell that the repeal of the gruultumi IIoldings a 1 ·ments 46 General Clauses [ACT S (General Rules of Construction - Sections 6-7) Act does not affect the right to compensation thich the tenint not have cquued under the Act See also Lambton and llctton (ollienes Secretary for Board of Trade Vines Department (1922) ind (1923) 1 Ch 586 In Inlar 11 varfuldın (1922), I LR 50 Cal 115, where I right lind accrued through an execution sale under the old Code, it ras held it should be determined accordin, to the provisions of the old Code The right of appeal is not i mere matter of procedureColonial Sugar Co Iruiny (1905) 1 C 369 An appeal 19 included in the term proceedings llarrosundan Dably Bhogohan Das Janji (1886), IⓇL R 13 Cul 86 The right of a person to apply to higher authorities for sanction is not 7 mere matter of procedure and is not affected by a later amending statute in the absence of a specific provision-Ramkrisi na diyyer Sethn (1924) I LR 48 Vad 620 Revival of re 7. (1) In any Act of the Governor General in pealed enact Council or Regulation made after the commence ment of this Act, it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose (2) This section applies also to all Acts of the Governor General in Council made after the third day of January, 1868, and to all Regulations made on or after the fourtcenth day of January, 1887 Sub neutron (1) is taken from s 3 (1) of the General Clauses let, 1868 (I of 1868), as amended by a 9 of the (reneral Clauses et 1887 (I of 1887) Compare a 11 of To the Interpretation let 1899 (32 & 53 Vict, ! 03) terire i repelled statute it is necessary to state an intention to do so-In re Jerrn Tatlio (1910) I I 44 429 ? The Fnglish common Inns rule 17s that when an ict which repealed inother Ict as itself repenlei, the first let is therely revised an intro This rule as al rogated bs etatute in 18 , and the principle lu down boy Sulisection (1) 14 tlıp ime as in Inland-Deputy Ijal lnrmrineers Il a 11. (1897) TLR 2, Cul 333 Set also Glarus Barler (1985) L. NI CH App 229 nil lları valada Sararlar v Bilm Ilat Rinunat hare (1881) II R Ban 133 3 Sub-seitinni ·1897) General Clauses 47 (General Rules of Construction –Sections 79 ) 3 Sub section () are the effect of the General ( Isuses {cts 1868 & 1887, ou Acts and Regulations pass ed before the commencement of this Act [8 (1)] Where this Act, or any Act of the Construction Governor General in Council or Regulation made of references after the commencement of this Act, repeals and onactments re en icts with or without modification any piovi sion 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 Th14 ection is taheu from s 38 (1) of the Interpreta tion Act 1989 ()2 3 Vict c 63) 2 It enacts as a general rule 1 provision shich is com monls inserted in Arts (see, for instance s 3 of the Code of Crimnil Procedure 1899) but which is sometimes forgotten Its operation may be illustrated as follow Suppost the Acts amending the Indian Penal Code were consoli dated and in the new Code s 188 (disobedience to orders of public servants) became s 200 Then any Act or docu ment which eferred to s 189 of the old Code would have to be construed as referring to s 200 of the new Code It is doubtful whether the word instrument in this section applies to notifications Thus if a notification under the Scheduled Districts Act 1874 175 been issued extending an Act to a particula aren ind if that Act 19 subsequently repealed it is doubtful whetber 1 fresh noti fication is necessari ertenling the new fat which tale, the plare of the old one [(2) Where any Act of Parliament re peals and re enacts, with or without modi fication any provision of a former enactment, then references in my Act of the Gosernor Gen eral in Council or in any Regulation or instrument to the provision so repealed shall unless a different intention appears be construed as references to the provision so re enacted 1 9. (1) In an Act of the Governor General in Comm-ac- Council or Regulation made after the commencement and terminati ment of time Tlus sction is re-numerells tl lejeung anAmen! ing let 1919 (II of 1919) This subesetion uns al led br the Pepealing and {mızdır Act 1019 (SUIIT of 1919) ·23 48 General Clause [ACT (General Rules of Construction --Sections 9.10 ) ment 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 Acts of the Governor General in Council made after the third day of January, 1868, and to all Regula tions made on or after the fourteenth day of January, 1887 This section reproduces the provision of a 3 (2) and (3) of the General i lnuses Itt 1869 (I of 1868) ? Comprre the English RSU Or L171, r 12 "In any case in which not particular number of days, not espressed to be clear days, is prescribed by these Rules, the same shall be reckoned exclusively of the first day and inclusively of the last, czy " See, nlso Re Sleepers Supply Co (188)) L R 29 Ch D 204 3 The rule in England for the construction of non- Thus, where elve calendar eld to cover an arcident which took place on November 24, 1888, that is to say, in computing the time November 24, 1887, was excluded-Soutli Staffordshire Tramicays Company v Sichuess and Iccident Assurance Association (1891), 1 Q R 402 Computation 10. (1) Where, by any Act of the Governor General in Council 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 dny 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 (9) This of time IT of 1672

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·48 Genual Clausta LACT * (General Rules of Construction --Sections 9-10) ment 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 Acts of the Governor General in Council mide after the third day of January, 1868, and to all Regula tions made on or after the fourteenth day of January, 1887 This section reproduces the prorision of a 3 (2) and (3) of the Generni i lauses let, 1878 (1 of 1808) 2 Compare the 1 nglish SC Or L17!', r 12 — "In any case in which any particular nuinber of days, not expressed to be clear days, is prescribed by these Rules, the sime shall be recloned exclusivel of the first dar and inclusive of the last day" See, also Re Sleepers Supply Co (1895) R 29 Ch D 204 3 The rule in England for the construction of non- Thus, where elre calendar eld to cover in arcident which took place on November 24, 1888, that 18 to say, in computing the time November 24, 1887, Tas excluded Soutli Staffordshure Tramicays Company v Sichuess and Iccident Assurance discociation (1891), 1 QB 402 Computation 10. (1) Wiere, by any Act of the Governor General in Council 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, of 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 then on the next day afterwards on which the Court or olice is open Prouded that nothing in thus section shall apply to any act or proceeding to winch the Indian Limitation Act, 1877, applies (9) This of time XV of 167 ·1897 ] Gencial Clause 49 (General Rules of Construction --Sections 10 11 ) (2) This section applies also to all Acts of the Governor General in Council and Regulations made on or after the fourteenth day of January, 1887 This section is taken from s 7 (1) and (2) of the General Clause. Ict 1887 (I of 1887) with a modification of langunge suggested by s 11 of Vadras Act I of 1891, (local General Clauses Act) It is 1 recognized principle that persons who are prevented from cloing anything in Court on a particular duy not by any act of their onn but I the Court itself are entitled to do it at the first sulisequent opportunity--Samba na v Ramasamı (1898), IL R22 Vad 179 An act of a Court ought not to prejudice any body 2 In the Statement of Objects and Reasons to the Act of 1887 it is remarked that “ section 7 is taken from the Lnglish Vunicipal Corporation Act 1882, and is much wanted in this country in the ches to which the Indian Limitation Act, 1877, does not apply 3 In England and Scotland Greenwich mean time, and in Ireland Dublin mean time, is taken to be referred to in statutes see the Statutes (Definition of Time) Act, 1880 (43 & 44 Vict, c9) There is no corresponding provision in India + Fractions of a dry are generally not taken into account-Ramapatı Chntterjeer Sachinandan Nandı (1920), 55 I 650 “Sunset " is not an expiession of time within the meaning of the Statute (Definition of Time) Act, 1880 --Gordon Cann (1899) L IR Q 1 T 434 See also Hirde Narain llam Singh (1918), I L R 41 411 47, Shodas Daulatram rarayen (1911), I LR 36 Bom 268, II ana r Tatu (1910), 1 L R 32 Bom 33 5 lhe reference to the Indian Limation Act 1977 niust now, of course under section 9 be rend as 7 reference to the Ict of 1903 11. In the measurement of anr distance, for Hessurement the purposes of any Act of the Governor General of distance in Council or Regulation made after the conmencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane lus section is then frums 34 of the Interpretation Iet eSO (? co? Viet (63) The ·50 General Clauses LACT (General Rules of Construction Sections 11-15 ) Duty to be taken pro rata 10 enactments 2 The practical eftect of the provision is that distance is, prima facie, to be calculated as the crow flies," and oot by the ne irest road or other pricticable means of ac. ce's I similar rule has been applied in England to the coustruction of non statutory documents--Lahe 1 Butler (1951), 5 E & B 92 at p 99 Where it is intended that distance, should be me i-ured, eg by rond, this should lie espressly state-of s 74 of the I'lementart I ducation ict 1870 (33 & 34 lit,c7) 12. Where, by any enactment now in force or hereafter to be in force, ant 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 lihe duty is levaable according to the same rate on any greater or less quantity This section seproduces s 4 of the General Clauses tre 1868 (1 of 186$) ercept that the word ennctment" IS substituted for the woril Ict" See "enactment" defined lis a }(17) ante, p IR ? Tor the constitution put in Ingland upon the pla 1 penn per ton per mile, spe Pryce Mon months/ ore Cunal, ete (u [1979], HA 216 13. In all Acts of the Governor General in Council and Regulations, upless there is anything repugnant in the subject or conteit,-- (1) words importing the masculine gender shall be taken to include females, and (2) words in the singular shall include the plural, and rice rersä Thus section is taken from « ? (?) and (2) of the Gene ml Cimp lit 1869 (I of 18658) but it has been crtendu il ter all lots and Regulitis indo, stot spili 911Prels to thon pied after 1869 ? l'or a disc 11471on of the top of sub pction (1) set (liurlions Imgs (1569) IR!( ' 371 where it was held that the worl" man' in the Representation of the People .lt, 1967 du not in luce woman "lamy Indrrics I'moosilly (1901). In 147 Beresford. Hope Inuly nhurst (188923 Q BD 79 '[13A. Gender and number ·J 7 1897 General Clauses 51 (General Rules of Construction --Section 134 ) (13A. In all Acts of the Governor General references to in Council and Regulations, references to the the Sovereiro Sovereign or to the Crown shall, unless a difter ent intention appears, be construed as references to the Sovereign for the time being ] This mection has been taken from $ 30 of the Interpretition int 102 & 53 Vict c63) It is not tell established that i legislature is not deterinined by the demise of the Crown 2 1lthough the C (ut the Empire its porre in exercisible b litres or for different accordance wath the coinmon lan or the statute las there bındıg on the Crown-Ilillian's Houarth (1905) AC 351, Dominion of Canada Province of Ontario (1910), A C 637 By s 1 of the Government of India Ict India is to be goierned by and in the name of the Crown 3 The older authorities are ably treated in Chitty's Prerogative of the Crown See also Stephen's Com. mentaries, 18th Ed , Vol I, Part 1, Chap V (Royal Prerogatires) I lie more important rules are (1) that the Crown is not bound by n statute unless espressly or by implication named therein, (2) that, apart from an pipresa enactment binding the Crown, time does not run ikunst it and therefore the right cannot be lost by meie non zei (3) that servants of the Crown hold office dunne pleasure and therefore lave no remedy for wrongful dis19511 Crown li hans been but little discussed in Indian Courte but when the point h2 been raised the mnulege of the Crown livre been upheld 4 lle question of the power of the legislature to mahe enactments affecting the prerogatives of the Crown que recently before the House of Jords in 1920 in De heyser « Royal Hotel (sem Ittorney Gen Sr. Royal llotel Ltd [1920] IC 508 It was hell that the legislature lw appropriate en utment can affect the prero ities of the Crown It a en thuis prmciple that the provisions of the Government of India. It ie bied which prorude that in enactment will not le inilid lor e ison only of the fut that it affect the preventive of the Cronn- 84 of the Government of Inde Ict It has been held that the prerogatire is not merged in the en ictment but thit it 18 curtailed to that mitent (see Dr heyearin referred to ahore) honerer, This section is inserted to the Repealing and trending It 1919 III of 1919) Dr her ·52 Genera: Clauses [ACTA (General Rules of Construction - Section 13A ) however, a unireisil rule that a prerogatire and the adrutage it iftords cannot be taken in evrept with the consent of the Crown embodied in the stntute Thuis rule of interpretation is trell established and applies not only to statutes passed by the British Puliment but also to Acts of Indra legislatures frimed ritu constant refer. ence to the rules recognized in Lngland-Ganpat Putaya Collector of hannra (1675), I L R 1 Bom 7 at py per West I nx75relating to the priority of the Crown orer attachment) 5 The following are a few of the prerogative rights of the Crown - (1) The night of the King to provide for the ad. ministration of nenly acquired terntories or senttered ajeng Ordinances made by the King in Council under porrers conferred by Act of larlıament (such as the l oreign Juris diction Act 1890) stand upon a footing of legis- Intion delegated 'br Parliament and have the force of last ly virtue of the Act of Parlinment and not of the prerogative. Sobku a Willer [1920] I C 518 Roz Earl of Croire (1910) 2 B 076 Cronn hus the prerogative power of decların: rar making pence, annexing and ceding territori, and concluding treaties These icts cannot be questioned in municipal couts-The Secretary of State on Council of India i Ramach Biye Salabe the Tanjore 1 Voore 12, Sirdar Blagiran Salih Yeretary of State for Inula in Coun. al, L R 21 138 (111) The Crown as the efecutire lend of every de partment nnd ererı servant of the Crown oldly his ofhce at IIis Majesty splosure and there fore cinle -matsueil without notice in spite of ins contract to the contrirs, unle stich poner is luum lit any enactment-pe the note, to 4 16 of the lat po lhe Smarea 1 rezuded aloin, irene pirur a such, 14 concerned with the welfare of inuts and the helt leas and the administraton of churn [Injulurs - Carol I nglul (11) Generally the Croon la 14 prioriti ford Its due to it-The Serretar of State Dry Land Co (1819) i lem II (R (0) ? Roilo I'rasily 1. at lal (1912) I L] }} 111 ? ( PP) Ply Tallar 1 (11) The ·now 1897 ) General Clauses 53 (General Rules of Construction --Section 13A ) Secretary of State (1916), I L R 40 Mad 767 But it cannot have priority over secured creditors who in insolvency proceedings have not to prove their debts-Bank of Upper Indias Administrator General of Bengal (1917), I L R 45 Cal 653 (2) Dremption from stitute See notes at p 77 (22) Crown Grants The Crown, by its grunt, has power to create an estate which is unknowo to any personal lar-Sheo Singh Raghubans Kunuar (1903), I LR 27 All 631, (PC) A Cronn grant has to be construed strictly gainst the giunteer-I aman Janardhan Collector of Thana (1869), G Bom HCR (ACJ) 191 The law regarding the construction of Crown grants 19 summarized in the Crown Grants Act (XV of 1895) which has retiospective effect I LR 27 All 634 (711) The general prerogatire right to esclude aliens from Britislı territory-llusgrore Chun Teeong Toy [1891] AC 272 at p 282, There it 198 held float an alien had no legal enforceable ught by action to enter British territory The Foreigners Act (III of 1864) Attes power to Government to espel foreigners and the definition “ foreigner includes the subject of an Indian State-Emperor Jagadeo (1920) I LR19 Bom 804, Alter Caufman Gout of Bombay (1894), I L R 18 om 036 (rin) By its prerogatne right the Crown has poter to proclaim martıl las suspending the ordinir lor of the country This power can be exercised not only during the time of 1 mar, but also during an emergency such 14 3 rebellion or grare disturbince1/ostyn Fabrigas (1774), 1 Comp 161, Ex parte Marais (1902) C 109, Bugga king Emperor (1920), I LR I Lal 326 P C, Kale Nath Roy hing Emperor (1920) 1 I, R? Lnh 34 PC But the proclamation of martial lot within my hen does not affect the operation of the ordinary law outside such area and a peron clorgeil with an offence committed within the martial area co be arrested outside the area under the Code 2 с ·64 General Clauses [Act (General Rules of Construction --Section 13A. Pouers and functionaries --Section 14 ) Code of Criminal Procedure Eren in the area where martial law has been proclaimed, the ordinary lar mill not be affected unless it hins espressly on by necessari implication been so pooridel--In ve Kochunni Elnya darr (1921), L R 45 Mau 14 (1.2) Eschent This prerogatire 18 well established, but the burden lies on the Crown to prove thnt there are no other heirs-Collector of Hasule. patam Caraly l'encata (1860), S'ILA 500 6 peisou ngfueled by action of the Crown in India has no remedy los Petition of Right His only remelt is on a suit against the Secretary of State for India in Council, and such 1 sut is not maintainable when the ict complained of is done by the Crown in its Sovereign cipaut-Clodle's Petition of Right, PP, 42-44 See 2140 l ritky Tle Queen (1872), I. R 7, Ir 367 Nobin Chunder leyi Secretary of State (1870) I LR1 Cal 11, Secretary of State r i ochral (1914) I LR 39 Vad 3.1 and ilso Robertson's Chil Proceeilings, pp 24-30 where all the (14) on the point are collected 7 Is to the King title as Imperor of India see the Rounl Titles Act, 1976 (39 Vict, c 10) and the Proalamation -sued the reur dur on the 1st Timurri 1577 (Gouette of India, 1877, P 16) & Tor a compendium of the lat zelating to the oral prerogatae, sec Jalsbury's Toirs of England, VI Pouers and Functionaries Powers con 14. (1) Where, by any Act of the Governor ferred to be exer General in Council or Regulation made after the ciseable from commencement of this Act, any power is conferred then (unless a difierent intention appears] that power may be cıercised from time to time as occasion requires (?) This section applies also to all Acts of the Goscrnor General in Council and Regulations made on or after the fourteenth day of January, 1887 Thr The ind.. on the Goserntent' Kere omitted by the Repealing and Amending de 1919 (VIJI of JOIN time to time 1* 9 ·111 on 1897 ] General Clauses 55 (Powers and Functionaries -Sections 14 16 ) This section reproduces the provision of s 5 of the Gı nerul Clauses Act, 1887 (I of 1887) See “Gorernment' defined by s 3 (21), ante, p 19 2 In the Statement of Objects and Reasons to the Act of 1887 it is sud The English rule that a pore given to the Corn by statute having been once esercised isechmusted and cannot be exercised again, has heen applied by Indian Courts to poners conferred by the Indian legislature on the Gorernor General in Council and Lochl Governments Section 5 of the Bill is intended to remove the inconvenience resulting from the application of that rule 3 The hection until amended by Act XVIII of 1919 referred ternis to porters conferred the Government, whereis s 32 (1) of the Interpretation Act, 1889 (52 € 53 Vict, c 63), refers to stntutort powers generalls In the absence of any express or general prorision such as thus sectiou not contains, it will probably depend on the outure of 1 povrei whethei it can be exercised from time to time is can judicial powers or 18 ethnusted by a single exercise See Crates on Statute Lan, 3rd I pp 241 242 4 The section does not apply to a power conferred by a rule mude under 2 Act, and it is doubtful «liether it can be applied by analogs 15. Wherc, by any Act of the Governor Gen-Pomer to eral in Council or Regulation, a power to appoint clude power any person to fill any office or ciecute any func to a point Toto tion is conferred, then, unless it is otherwise erpressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office This section is probally cleclaratory, but, as it was the constant practice to upsert this proSISOD u Indiad Icts et majore cautela (see, c9,8 39 of the Code of Criminal Procedure, 1892), it is clearlr convenient to generalize it 2 Tor the construction put in Ingland on the word in i statute, see Charlton r Lings (1868), I R4CP, at p 393, per Brles, J 16. Where, by any Act of the Governor Ge- Power to neral in Council or Regulation, a power to make appoint to do any appointment is conferred, then unless a to different intention appears, the authority having « express 19 or c2 ·1 ei ei in 56 General Clauses [ACT X (Powers and Functionaries --Sections 16-17) (for the time being] power to make the appoint ment shall also have power to suspend or dismiss any person appointed" (whether by itself or any other authority] in exercise of that power The Statement of Objects and Reasons to the Bill says —" 1 power to appoint should ordinarily include uponer to iemore the person appointed It is, hot not certain that this construction would be uni versally adopted by the Courts especially in view of the fict that it has been usual Indian Acts espre sly to the both powers The opportunity bas therefore, been sought to establish the rule once for all for the future" i servant of the Crown holds office during pleasure and his lismissal eren rithout notice does not gire ? cause of action gainst the Crown, whatever may hire been_the terms upon which he was originally ap. pointed-Dunn The Queen (1896) 1 Q B 116, Ichangir y Cursetja v Secretary of State (1902), I L H 27 Bom 189, Voss T Secretar ; of State (1900), IL R 33 Cal 669 If, however, the appointment is made under an Act the provisions of that Act apply- Senton v Smith [1899] . C 229 See also Dinsharo Jaier, r Secretar) of State (1921) 24 Bom I R 210 It 19 however doubtful whether provisions in Indian sal of public servants ers of the Crown to Subotitation cf function tritt 2 The amendinent made by Act XVIII of 1928 was designed to meet cises in which powers of appointment hore under centralizing or decentralizing leg19- latiou been transfered from one authority to another 17. (1) In any Act of the Governor General in Council or Regulation made after the commencement of this Act it shall be suficient, for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions or that of the officer by whom the func tions are commonly erecuted (2) This The e sor ls mere inserteilrsland Sch I of the Repealing ro! Ime iding Ict I (VT III of 19 ) * These words were substituted for the words Iy it', dd ·1897) General Clauses, (Powers and Functionaries --Sections 17-19) (2) This section applies also to all Acts of the Governor General in Council made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887. This section reproduces the provisions of s 3 (6) of the General Clauses Act, 1868 (I of 1868), which ras extended to Regulations as well as to Acts by the General Clauses Act, 1887 18. (1) In any Act of the Governor General in Successors. Council 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 Acts of the Governor General in Council made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887 This section reproduces a 3 (5) of the General Clauses Act, 1868 (1 of 1868), which was extended to Regulations by the General Clauses Act 1887 19. (1) In any Act of the Governor General Official chela in Council or Regulation made after the com- and subordi. mencement of this Act, it shall be sufficient, for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior (2) This section applies also to all Acts of the Governor General in Council made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887. This section reproduce a 3 (f) of the General Clauces Ict, ISGS, which is estended to Regulations by the General Clues Ict, 1887. Ti a duty is imposed on a Collector, then the provisions of the en?etnient apply automatically to erert person lunfully uting for the Collector. 20. Where, nates.

·Construction 58 General Clauses [ACT X (Prorisions as to Orders, Rules, etc , made under Enactments - Sections 20 21 ) Provisions as to Orders, Rules, etc, made under Enactments 20 Where, by any Act of the Governor of orders etc. General in Council 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 contest, have the same pectii meanings as in the Act or Regulation conferring enactments the power to add to This section is then from s 31 of the Interpretation Act 1889 (02 « 53 Viet c63) Compare s 10 og Undras Act I of 1991 (local General Clruses act) The provision is declarators but it is convenient to have it espresslr enacted Power to 21. Where by an Act of the Governor Genermake to in clude power al in Council or Regulation a power to *[issue notifications] orders rules or bre laws is conamend, vary ferred then that power includes a power, erercis orders rules able in the like manner and subject to the like or bye laws sanction and conditions (if any), to add to amend vart or rescind an '[notifications), orders, rules or bye laws so '[issued) This section is no doubt declaratory It is convenient to have the principle enacted opce for all as the common practice before 1897 had been to take the power espresls in ench case Compare s 32 (3) of the Inter. pretation Act 1989 (52 € 53 Tict, ¢ 63) ? Janr orders are made by notification cg, orders extending an enactment under s 5 of the Schedule! Dis tricts Act 1974 (TIT of 1974) and the question frequentlr amze whether these woull be corered by this section The Ties taken tons tlint the section 7s it stoor before amendment br Act I of 1903 probably referred onls to orders of a legislative character As amended It expresalı corers antification as do similar prorianne 10 This word was inverted to the Imen ling Act 1903 (1 of 1903) *These words frere sixtitute for the mor 1 "make' tid Thu orord 24 sbstitutet for tle word bid made', ·mencement of enactment 1897 ) General Clauses. 59 (Provisions as to Orders, Rules, etc , made under Enactments Sections 21-23 ) in local General Clauses Acts S 21 of the Bombay Act has been held to be retrospective-Bhagchand Secretary of State (1927) I L R 51 Bom 727 (PC) 22. Where by any Act of the Governor Gen- Making of cral in Council or Regulation which is not to come lays and into force immediately on the passing thereof, a 1890ng of power is conferred to mahe rules or bye laws, or to keen passing istie orders with respect to the application of the and com Act or Regulation, or with respect to the establishi ment of any Court or office or the appointment of any Judge or officer thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the Act or Regulation then that power may be exercised at any time after the passing of the Act or Regu lation, but rules bye laws or orders so made or issuer shall not tahe eſiect till the comniencernent of the Act or Regulation This section reput duces s 4 of the General Clouses Act, 1887 (I of 1887) Compires 37 of the Interpretation Act, 1889 (52 & 53 Vict, c 63) 2 Suppose that an ict 14 passes on the 1st January but is not to come into operation till the 1st Tune and that poner is taken in it to make rules after prerious publication " (see s 23) This section enables the rules to be frimer and "preriousl published " so as to come into operation contemporaneously math the act 23. Where, by any Act of the Governor Gen- Profusions eral in Council or Regulation, a poner to make applicable to rules or bje lwus is evpressed to be given subject rues or broto the condition of the rules or bye-laws being the roller made after previous publication, then the follow- publication ing provisions shall apply, namely .- (1) the authority having power to make the rules or bre lans shall, before making them, publish a draft of the proposed rules or bse lans for the information of persons lihely to be affected thereby, (2) the publication shall be made in such manner as that authority dorms to be suffirient, ·60 General Clauses (ACT X (Provisions as to Orders, Rules, etc, made under Enactments --Section 23 ) cient, or, if the condition with respect to previous publication so requires, in such manner as the Governor General in Council or the Local Government 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 author ity having power to make the rules or bye laws and where the rules or bve laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or sugges tion which may be received by the authority hasing power to make the rules or bie laws from any person with respect to the draft before the date 30 specified, (5) the publication in the Gazette of a rule or bye law purporting to hue been mada in evercise of power to make rules or bye laws after previous publication shall be conclusive proof that the rule or bye luu has been duly made This section reprodures 6 of the General Claunes Act, 1897 (1 of 1987) As to publication of the bonierhit ditterent procedure juthorized by the Rules l'ublication Act 1893 (55 & 56 Tact , c 60) 2 It is clear from clau e (4) that rules which are to be made " after previous publication" by Local Gorernment with the prerious cunction of the Governor Genernl in Council need not be submitted to the Gorcrnor General in Council for a proual until they hore been preriouslı pul lıshed 3 It is clear that amenilments inar le mide without further publication in rules once published for criticum Olhertrise the process roulil le inili fimte But, if on annendment suggested after pressus publication afireta prejudiciulls is right or interet or extends the operae tion ·1897 ] General Clauses 61 (Prorisions as to Orders, Rules, etc, muie under Enactments --Sections 23-24) tion of the proposed 1 ules, or makes them more stringent, the spirit of this section would seem to require re publi- (ution The decision must, honever, depend on the ini** portince of the amendment contemplated in will be observed that the position is made secure by clause (5) of the section + Where statutory rules bave been made under a power requiring previous publication, amendments to the iules must be published presiously to their being made. 5 Publication must be made in the manner required by the 1st but there is no objection to supplementing at by publication in local newspapers in addition to the ublication in the Government Gazette 24. Where any Act of the Governor General Contundation in Council or Regulation is, after the commence ete, Auled ment of this Act repealed and re enacted with or under enact without modification, then, unless it is otherwise and to e\pressly provided, any '[appointment, notifica-enacted tion], 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 '[mide or] issued under the provisions so re enacted unless and until it is superseded by any 'ſappointment, notification), order, scheme, rule, form or bye lak '[made or) issued under the provisions so le enacted, "[and when any Ict of the Governor General in Council or Regu lation, which, by a notification under section 5 or 374 5A of the Scheduled Districts Act, 1874 or any lihe law, has been extended to any local area, has, by a subsequent notification, been withdrawn from and re extendeıl to such arer 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] With this section compare s 18 of Madras det I of 1891 (local General Clauses Act) It generalizes a provision *These mords were inserted by the Amending Act, 1963 (I of These words were added by the Second Repealing and Amend. 108 Act, 1914 (WVII of 1914) 1903) ·62 General Clauses [ACT x (Provisions as to Orders, Rules, etc , made under Enactments --Section 24 Miscellaneous Section 25 ) provision luch hitherto has con tantls been inserted in Indian Acts see eg § 2 of the foreign Jurisdiction and Extradition Act, 1879 (XXI of 1879) 2 It has been held that notifications and rules issued under the Petroleum Act (XII of 1886) have been hept alıre by this section and that the provisions of the new Petroleum Act (VIII of 1899) which under section 1 (3) extend only to such local areas as the Local Government may by notification iu the local Official Gazette direct, are in force in an area to which the corresponding provisions of the old Act were extended Cf ladan Saha v Emperor (1903), 7C W N 658 Unregistered ngricultural leases for a term not exceeding o veurs re serving a rent less than Rs 50 were exempted by a notification in 1883 Subrequently the Indian Registration Act 1908, 128 passed Ileld that the notification was still in force under section 24 in spite of the den Registratiou Act--Ila-arı Singh Terbeni Singh (1914) 12A LJ 792 28 I C 577 Recovery of fines Miscellaneous 25 Sections 63 to 70 of the Indian Penal Code Alt of and the provisions of the Code of Criminal Proce dure for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any Act, Regulation, rule or bye law, unless the Act, Regulation, rule or bye law contains an express provision to the contrary This provision is tal en fioms 5 of the General Clauses Act, 1868 (1 of 1868), Irut its operation is slightls larger than that of the repealed enactment because it 13 not confined to Irts passed after 1868 The subject matters dealt trith by the incorporated provisions of the Indian Penal Code are 63 amount of fine when not espressed, s 61, imprisonment in default of payment, s 6) limit of term of imprisonment & GG description of imprisonment, 67, imprisonment wlien offenco putrelied with fine onlı, s 08 termination of imprisonment on parment of fine, s 19, payment of pro portional part of fine 70 time for lett of fine and death of offender Tor A commentar thereon Jaspe's Criminal Lair of India 4th Ed, pp 23-32 26. Where s see ·1897 ] General Clauses 63 (111scellaneous - Section 26 ) 26 Where an act or omission constitutes an Provision AS offence under two or more enactments, then the to offences offender shall be liable to be prosecuted and under two or punished under either or any of those enactments more enact but shall not be liable to be punished twice for the same offence This section reproduces the provisions of s 8 of the Genernl Clouses Act 1887 (I of 1887) except that it 15 no longer confined to Acts passed after 1897 But this er tension is merely declaratory—Queen r Ramachandm pa (1883) I L Rond 219 but see Clandı Per slid lhdur Rahı an (1894) I LR 22 Cal 131 C & 33 of the Interpretation Act 1889 (52 & 53 Vict, C3) Thus a rails 15 servint punishable under s 101 of the Indian Railways Act 1890, may be proceeded against under the general provisions of s 129 instend, if the latter section suits better the marım generalibus specia la derogant notwithstanding for a special provision does not render i general piori ion inapplicable unless the two me inconsistent When a special enactment deals with an oftence simular to the offence which is dealt with by a general enactment it does not follow that the provisions of the general enactment of the Indian Penal Code are nepealed to that extent The conviction in such a cnse may be uudet either but not both of those enact ments is provide l br $ 20 laryng Rau Arjun Vian (1894) I ' LR 22 Cal 139, Segii Baliah Rama samiah, 42 I C 608 Where one Act constitutes two offences a separate punishment for each offence can be the same Pat LJ (1917), 3 Pat LJ 433 2 The word "offence is defined by s 3 (37), ante, p 27 3 The prorisions of the section appear to qualift s 2 of the Indian Penal Code (TLT of 1SCO), Thich prorides that "evers person shall be liable to punisbment under this Code and not othcrtrise for every act or omission contrart to the provisions thereof ", but it is to be noted that s 5 of the Code, which contains & caring for any specul or local law" and certain specified enactments, is in the anture of a proviso to s 2 4 It will be observed that the section prorides for the punishment of an act bich is an offence (1) under the Iodian ·Meaning of eorice by poat or ¢¢ send Citatiou of ensctments 64 General Clauses [act x (Alliscellaneous --Sections 26-28 ) Indian Penal Code und alon under some special or local law, or (2) uuder tiro or more special or local enactnients 27. Where any Act of the Governor General in Council or Regulation made after the com mencement of this Act authorizes requires any document to be served by post, whether the expression serve or either of the expressions give or or any other expression is used, then unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post, a letter containing the docu ment, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post This section is talen from s 26 of the Interpretation Act 1899 (52 & 53 Victc 63) with the exception that registered post ” has been substituted for "post 28. (1) In any Act of the Governor General in Council or Regulation, and in any rule, bye law, instrument or document, made under, or with re ference to, any such Act or Regulation, any enact ment may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the sec tion or sub section of the enactment in which the provision is contained (2) In this Act and in any Act of the Governor General in Council or Regulation made after the rommencement of this Act, i description or citi tion of a portion of another enactment shall, un less a diferent intention appears, be construed as including the word, section or other part men. tioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation This section is taken from s 35 of the Interpretation Act 1889 (32 & 53 Vict, e 03) ? is an example the Indian Penal Code inns for Irgal purposes, be referred to either bis that one or ai Act ILT of 1860 3 The ·1697 ] General Clauses 65 (11rscellaneous Sections 28 29 ) 3 The consenient practice of giung short titles to Acts of Puliment was introduced in the muddle of the last centus At first they were used only occasionally, but now the English pinetice is to gue a short title to ereis Act and by the Short Titles Act 1896 (59 & 6C Vict c 11) short titles have been conferred on the Acts hich did not before possess them l'or example the 3 & 4 Will 4 < 8) may not be cited as The Government of India Act 1833 Collective titles are also given to variou series of Acts relatug to the sume subject matter thus the nineteen Acts relating to the Bank of England mar now be cited collectively as “The Bank of England Acts 1694 to 1892" Tor Acts conferuing short titles on enactments of the legislature in India see the Repealing and Amending Act, 1897 (1 of 1897), s 4 and Schedule III the Indian Short Titles Act 1897 (TI) of 1897) and the Burma Lowe Act 1898 (VIII of 1898), & 17 and Schedule IV It may be noted that short titles were conf-rred on a number of Regulntions made under the Gorernment of India Act, 1870 (33 Vict, c 3) br meine of an executive order—see Legislatıre Departnient's Notr fication No 13 dated the 11th October, 1875, Ga efte of India, 1875 Pt I, p 529 4 In the later volumes of the last edition of the Statutes Reuised, the short titles conferred by the Short Titles Act, 1896, have been actunlls substituted in the text for the longer titles there given 5 Sub section (2) will for the future aroid the neces sity of expressly inserting this prorision, as was done, for esimple, in the headings to the schedules to the Repealing and Amending Act, 1891 (VII of 1891) 29 The provisions of this Act respecting the forlog for construction of Acts Regulations rules or bye per tener laus mide after the commencement of this Act rules and shall not affect the construction of any Act, Regu byre laws lation rule or bse law mide before the commencement of this Act although the Act Regulation rule or bye luw is continued or amended by an Act Regulation, rule or bye low made after the commencement of this Act This section is taken from 10 of the Interpretation Act 1959 (5! ( 53 Vict C 63) It merels affirms the general rule that legislation is not to be construed as retrospectire in the absence of espress prorision to that effect [30 la ·of At to o di Dances c 67 5 & 6 C101 66 General Clauses (ACT X 1897 ) (Discellaneous --Sections 30-31 ) Application '[30. In this Act the expression 'Act of the Governor General in Council,' wherever it occurs, except in section 5, and the word "Act in clauses (9), (12), (38), (48), and (50) of section 3 and in section 25 shall be deemed to include an Ordinance made and promulgated by the Gover nor General under section 23 of the Indian Councils Act, 1861] (or section 72 of the Government 24 & of India Act, 1915 ] Applicatio (30A. In this Act the expression 'Act of the 61 of Act to Acta mado Governor General in Council wherever it occurs by the Gover '[includes an Act of the Indian Legislature and, zor General except in section 5], an act made by the Governor General under section 67B of the Government of India Act ] Construction *[31 In any enactment made by any autho af referenses to Local Gov. rity in British India before the date on which ernment of a section 3 of the Government of India Act, 1919, 94.30 province comes into operation and in any rule, order, notification scheme bye law or other document made under or with reference to any such enactment any reference by whatever form of words to an authority authorized by law, at the time the en actment was made, to administer executive Go vernment in any part of British India shall, where a corresponding new authority has been consti tuted the Government of India Act, 1919, be 8 & 10 construed for all purposes, after the above mentioned date as a reference to such new authority ] Compare as regarde legislative authorities the last paragraph of s 130 of the Gorernment of India Act and see also s 174 (4) of that det THF SCHIFDULL [Enactmerte repealed Rep by the Amending Act 1903 (1 of 1903 ) APPENDIX This section is added by s 2 and Schl of the Second Repealing and Amending Act 1914 (TI II of 1914) These words were added by s 2 and Sch I of the Repealing and Amending Act 1917 (XIT of 1917) Ti is section was inserted by s 2 and sch I of the Repeal ng and Amending Act 1923 (SI of 1993) . These words were substituted for the words except in sec tion 5 shall be deemed to include by s 2 and SchI of the Repealing and Amend ng Act 1928 (TVIII of 1998) This section rag inserted by s 2 and Sch I of the Repealing and Amedding Act, 1920 (PITI of 1920) c 201 ·The Indian Statute-booh. 67 one S APPENDIX I Note on the Indian Statute book The Statute bool of British India is a very complex It is composed of ten different classes of enact. ments, which may be grouped as follows - I Acts of Parliament English legis II Orders in Council (mide by lation His Majesty in Council) und Statutory Rules III The old Bengal, Madras and Bombay Regulations IV (a) Acts of the Governor General in Council, now called the Acts of the Indian legislature (6) Acts of the Governor General which are certi. fied under s 67B of the Government of India Act (c) Acts of the Governor of a Indian legis Governor's province lation which are certified under 72E of the Govern. Inent of India Act V Regulations under $ 71 of the Government of India Act VI Ordinances made by the Gore einor General under s T2 of the Government of India Act VII Icts of local legislatures VIII Statutory rules, etc , made 10 Indin under the authority of 1 nglish legislation IX Statutory rules orders, re. gulations, bye lans and notifications made under the autlıority of Indinn legislation Derivative le X Rules, laws and regulations gislation 10 made by the Governor India General Governor General in Council for non regulation provinces prior to 1861, which rere confirmed bta 2 of the Indian Councils 1861 I The or Act, ·Acts of Par bament 68 Appendix 1. 1 The Acts of Parliament which apply to India may be divided into three classes-(a) Acts which in terms apply to India, (b) Acts which in terms or by necessary implication apply to the whole of His Majesty's dominions, and (c) Acts which apply only to the Presidency. towns, which for certain limited purposes are regarded as British settlements * (a) But little comment is required on the Acts which in terms apply to India such as for erimple, the Gorernment of India Act, 1919 (9 & 10 Geo V, c 101), or the Indian High Courts Act, 1861 (24 & 25 Vict c 104) not repealed Their territorial operation is of course confined to British India, but it may be noted that for certun limited purposes Parliament has occa sionally legislated for Indian States under the suzerunty of His Majesty -see, for instance, s I of the Slive Trade Act, 1876 (39 & 40 Vict, c 46), and s 15 of the Foreign Jurisdiction Act 1890 (53 & 54 Vict c37) it has also empowered the Indian legislature to legislate for Butish subjects outside British India—see post, p 75 () An Act of Parliament, which in terms applies to the whole of His Majesty's dominions necessarıls applies to British India is a part of those dominions For untince the provisions of the Territorial Waters Juris diction Act 1878 (41 & 42 Vict, c73), clearly apply to the territorial waters of Butish India, but a question might anise ns to bon far the apply to the territorial inters of an Indian State Then there may be lets of Parliament which as 1 question of cou struction, operate throughout IIis Majesty s dominions or bind her subjects event where I'or errmple, certun of the provisions of the Verchant Shipping Act 1894 (57 a 59 Vict c 60) apply in terms to the whole of I119 Vijesty s dominions Thile others appear to do so 78 7 matter of construction So again the prorisions of the Offences against the Person Act, 1861 (24 & 25 Tiet 100) 83 9 and 10 relating to the trul in England of British subjects for murders and manslaughter committed abroad apply to British subjects ererz where The canon of construction for determining the extratei ritoriul operation of Acts of Parliament is stated 10 Req Jameson (1896), 65 L J N C 218 at p 224 The defendant in that case was prosecuted under the Foreign Enlistment Act, 1870 (33 & 34 Vict, 90), for preparing in Berhuanaland a military expe dition against a friendly State Lord Russell, in giving the judgment of the Court says " It may be said * As to British settlements, see Anson's Law and Custom of the Constitution Pt II 3rd Ed, P61 and Mayor of Lyons 7 East India Co (1836) 1 Moore 1 A 175 curious c C ·The Indian Statute-book. 69 sard generally that the area within which a statute is to operate, and the persons against whom it is to operate, ale matters of construction upon the statute itself. The object of construction is to arise at what the legislature meant by the language they have used in the enactment. But there may be suggested some general ruler-for intance, if there be nothing which points to a contrary intention, it statute will primei falic be taken to apply only to the United Kingdom l'here, as here, it is applicable to His Majesty's dominions, it will be taken to apply to all persons in His Majesty's dominions, insluding those rho owe temporary allegiance-foreigners liring, in the country during their residence there and according to its contest a statute may be taken to apply to His Majesty subjects everywhere Another general canon of construction is this, that, if any construction otherwise be possible, an Act is not to be construed as applying to foreigners in respect of acts done by them outside the dominions of the sovereign power enacting. 1 hat is a rule based upon international law, by which the covereign power is bound to respect the esclusie jurisdiction in its own territory of every other sovereign power, and not to attempt to legislate for any portion of that territory (c) In the Presidency-towns and Rangoon a distinction must be drawn between Acts of Parliament passed before, and Icts of Parlianient passed after, the grant of the Charter of 1726 As regards Acts passed after 1726 the position seems clear They lure no application to the Presidency-towns, or to any other part of British India, unless in express terms or by peceasury inplıcation the apply or estend to British Indín or the whole of H1 Mjesti dominions ou apply as a personal lot to His Majesty's subjects every. where Suchi Acts, therefore, come within classes (a) und (6) mentionell alone See Edicard's Ronald (1830), 1 Knipp ” c. 259. In order to decide shether ans particulni British statute binds the people of India, at is necessary in the first place to a certain whether, by my espress enactment, British lan has been introduced into the parts of India in question, and then, if it appears that it has been so introduced, it is further necessary to consider, with regard to any particular enactment, whether it would be possible to enforce it among persons who are not Christians but Juhanm aduns and Hindus, without intolerable injustice and cruelty. For instance, to apply the law against bigamy to a people among whom poligams is a recognized institution would be moostrous, nnd accordingly it has not been so applied-See Ado. General V ·It 15 own in 70 Appendix I. General Surnomoye Dossee (1863), 9 N I A. 391 See also Crares on Statute Lau, 3rd Ed , PP 406-407, and the cases there cited As regards Acts of Parliament passed prior to 1726 the position is very obscure The effect of the Charter was to introduce English law into the Presidency-towns in an indefinite manner and to an indefinite extent by no means clear whether it ras introduced as a terri. torial law, or as a personal law applying only to European British subjects, but it is clear that only such statutes were imported as, ou judicial interpretation, might be held applicable to the circumstances of India Where any particular statute has come before the courts, they have generally held it to be inapplicable See Ilbert's Government of India, 3rd Ed, p 353, where the authorities are collected and the question 18 discussed at length As the result of the authorities and his investigations, Jr Stokes his collection, published in 1881, prints 35 statutes as being actually or possibly applicable to the Presidency-towns and to Rangoon, where the Recorder determines cases in which the parties are not Hindus, Juhammadans or Buddbısts in accordance with " the law administered by the High Court at Fort William in the exercise of its ordinary original cul jurisdiction See the Burma Courts Act, 1872 (VII of 1872), s 7 As regards these 35 statutes, it is to be noted that some of them have, since 1881, been repealed or mended in Fngland, and that several more of them hrve been repealed or appear to be superseded by subsequent Indian legislation Finally, it may be noted that certain English statutes subsequent to 1726 have been expressly applied to India by Indian legislation For example, Act XXIV of 1841 applies “ to the territories of the East India Company, as far as applicable to the same," the 11 Geo 4 & 1 Vill 4, c 40, and the 11 Geo 4 & 1 Will 4, c 65 But in such case a statute so applied 18 not in force in India proprio zzgore by reference plication of iny other foreign las. It oves its valıdıty in Indır to the Indian, and not to the English, legislature Onders in II Colonies acquired by conquest or cession are sub- Council, eto. Ject to the legislative powers of the Crown expressed by Orders in Council --Anson's Larc of the Constitution, Pt II, p. 252), but India is not on the footing of a Crown colony-Adr General Surnomoye Dossee (1863), 9 3 IA 391, and probably the only Orders in Council nor in force in India are Orders made under the authority ·The Indian Statute book 71 See eg rity of Acts of Parliament See es the Orders in Council confirming the Extradition (India) Act 1895 (IV of 1895) published in the Gazette of India 1896 Pt 1, P 87 and the Order in Councıl giving an appeal from Zanzibar to the Bombas High Court Such Orders differ only from other statutory rules in that they are made by His Vajesty in Councıl" and not by a subordinate rule maling authority 2 Rognl Proclamations and Orders in Council made in pursuince of the declaration of war with Germany and bei allies applied to British India along with the rest of His Majesty s dominions 3 There are a few rules which were made in Logland under English statutes I ut operate in Ir din orders i sued by the Secretary of State under s 1 of the Government of India Act 1919 (9 & 10 Geo V, c 101) and the English Index to Statutory Rules and Orders tit India See also the non domiciled parties Divorce Rules made under the Colonial Divorce Act III Tor a historical resume of legislation in India Regulations reference may be made to Sir Courtenay Ilberts book of the Bengal, A brief Historical Survey of Parliamentary Legislation Bombay relating to India published in 1922 The earliest ex Codes tant Indian legislation consists of what are usually referred to as the Regulations of the Bengal Jadras and Bombat Codes 2 The oldest of these Regulations are those of the Bengal Code which were passed from 1793 to 1834 inclu. sive and numbered in all 675 but are not reduced to only 89 holly or partly in force Legislative power as first expressly conferred by Parliament upon the Governor General in Councilly the East India Company Act 1772 (13 Geo 3 c (3) commonly known as the Regulating Act and by the Lust India Company Ict 1780 (20 Geo 3 c 56) but the terms of those statutes were so narrow and precise that there can be no doult that the Regu lations passed in pursuance of them often exceeded the authoriti grunted Horrerer that may be a lurge num ber of Regulations tere made prior to 1793 and in that veir they were collected and passed by Lord Cornwallis in the shape of a Revised Code and the Regulations contained in it ante from that year and lizre been regard ed os superseding and repealing all the Regulations passer lefore tlnt serr See the preambles to Regula tions VIII IT r etc of 1793 Tour Terrs later the Fast India Ict 1797 (37 Geo 3 c 142) gire parlia mentart recognition to the full pomer to legislate which hid in the meantime leen ae umed 3 A ·72 Appendix I. 3 A legislature baving been thus duly constituted in Bengal, it became necessary to establish similar authorities in the other Presidencies Accordingly, by the Government of India_Act, 1800 (39 & 40 Geo 3, 79), the Governor and Council of Fort St George at Jadras were invested, within the territories subject to their Gorernment, with the same legislative power as bad previously, by the statute of 1781, been conferred upon the Governor General and Council of Tort William Again, in 1807 the 47 Geo 3, Sess 2, c 68, was passed for inter alia “the better goreinment of the settlements of Fort St George and Bombay It recited the expediency of granting to the two local Governors in Council the same powers of government as were vested in the Governor General and Council of the Presidence of Fort William, and proceeded to empower them to make, frame and 1sgue such rules and regulations for the good order and crul government of the towns of Madras and Bombay and the Company s settlements and factories there," and to add the necessary sanctions thereto as the Governor General in Council might make for the good order and cıvıl gorernment of Fort T'alliam" The Governor in Council at Bombay was at the same time empowered to frame regulations for the provincnl Courts and Councils within his territories and provinces " in like manner and subject to all the regulations, provisions and confirmations touching the same as the Governor General and Council at Tort William were, by any Act then in force, authorised and empowered to do for the better administration of Justice among the native inhabitants and others being within the Provinces of Bengal, Bihar and Orissa" As these statutes were later than the statute of 1797, it would seem that they conferred on the locul Gorernors legislative powers, not as defined by the statutes of 1773 and 1781, but is recognized and confirmed by the statute of 1797 In this way 251 Regulations of the Mindras, and 259 Regulations of the Bombay Code were passed, but of these only 33 and 20, respectively are sor wholly or in In Bombuy a course, similar to that taken by Lord Cornwallis in Bengal in 1793, 29 adopted in 1827, when a regulation repealing all the 79 Regulations made up to that time was passed and a Rerised Code Tus compiled 4 By the East Indıa Company Act, 1813 (53 Geo 3, c 155), the legislatire powers of the three Councils were estended and subjected to further control Thus, writes Cowell in his History and Constitution of the Courts and Legislatie Authorities in India, 5th Id , at p 07, " from time to time the legislative powers of the Councils part in force J] were ·The Indian Statute book 73 1 ere developed ind in pursuince of these powers they enried laws and Regulations till 1831 Down to that date which is the important epoch in the history of Indian legislation there were five bodies of statute law in force in the enipite First there is the whole body of Lnglish statute lun esisting in 1726 so fr as it was applı cable which is introduced by the Charter of George I, and which applied at least in the Presidency towns Secondly all 1 nglish Icts subsequent to that date which are expressly extended to in part of India Thirdly, the Regulations of the Governor General s Council, which commence with the Rerised Code of 1793, containing fortr eight Regulations all possed on the same day (which embraced the results of twelve years antecedent legisla tion) and sere continued down to the year 1834 Thes had force onls in the territories within the Presidency of Bengal Fourthl, the Regulations of the Madras Council which spread over the period of thirty-two years niz , from 1802 to 1834, and are in force in the Presidency of Fort St George Fifthily the Regulations of the Bombay Code which began rith the Revised Code of Bir Dlountstuart Elphinstone in 1827, comprising the results of twenty eight years previous legislation, and were also continued till 1831, having force and validity in the Presidency of l'ort St Darid' 5 Many of these Regulations have been extended to other provinces with or without modifications, either by notification under s 5 of the Scheduled Districts Act 1874 (TIT of 1874), or by erpress enrctraent IT 1 1833 the weakness and uncertaint of the Acts of the systent of legislation by Regulations for the three pro Governor vinces had become apprent (see again, Corell's History General 10 of the Courts and Legislatie Authorities in India, 6th F, P 68 and Ilbert's Government of India, 3rd Ed P 86) The Government of India Act, 1833 (3 & 4 TYıll 4c 8.) swept away the existing legislatıse authorities, and placed legislatne porer in the hands of a single nutlıoritt namelt the Governor General in Council By the Government of India Act 1833 (16 & 17 Tict. (95) prouision Tas made for the association of Ad Ittonai Šlemlers frith the Council for legislative pur. poses and Ir the Indian Councils Act, 1861 (24 & 21 c67) provision 14 made for the re establishment of local legislature, and the constitution of the Gnieur General's legislative Council was developed and ir,"32 lated It was under this statute, as amended in re, quent statutes that Acts of the Gorernor ! 19 Council were made till 1915 The proper title 4 Legislature Councul oras" the Governor General i fywie ·74 Appendix 1 3) Extent of powers + 7 mbly cil at meetings for the purpo e of making lars and regu. lations" The lar-made by this body were always called “ Acts of the Governor General in Council," while the term Regulation is confined to Regulations made under the Act of 1870, for which sea post, pp 78 79 2 In 1892 by the Indian Councils Act (55 & 56 Vict, c 14) the size of the Legislatire Councils and their functions were enlarged The regulations under thich the non official members were to be nominated provided for recommendations, which, in practice, were always adopted, and this introduced the elective principle up to the constitution of the Councils In 1909 by the Indian Councils Act, 1909 19 Edt VII, c 4), the Councils were further enlarged But the statutes of 1892 and 1909 did not make any difference in the legislative power of the Councils In 1915 by the Government of India Act, 1915 (5 & 6 Geo Tc61) 2ll statutes relating to the Government of India tere consolidated Thnt Act was further amended in 1916 by 6 & 7 Geo Y, C 37, and in 1919 by 9 & 10 Geo y, c 101 Under the latter Acts the Indian Legislature consists of two Chambers (1) to be lature unless it has been agreed to br both Chambers, either without amendment or with agreed amendments (see $ 63) A law can be enacted without the assent of either Chamber of the legislature -(a) when the Governor General certifies the passage of the Bill under s 67B, (6) br a regulation under s 11, or (c) by an ordinance under s 72 The powers of the Indian legislature are both terrı torial and extra territorial-see Ilbert's Goiernment of India 3rd Ed Its territorial powers may be summarized as follotrs The Indian legislature has power to make laws for all persons, for all courts and for all places or things, within British India (s 65 (1) (a) of 9 & 10 Geo T, C 101] Empress e Burah (1878), L R 51 A 178, and I L R 4 Cal 172, Queen - Bura Hangseh (1878), 3 Cal LR 197, and Alter Caufman Gorernment of Bombay (1894) I LR 18 Bon Case, Damodar Gordhan 1 Bom 367, and LR the Indian Eridence Act, 1872, tras held to be inoperative It may be noted that there is ? presumption that the laws and regulations of the Governor General in Council are known to Parliament-cee Abdulla s Vohan Gır (1859), I LR 11 All 490 Ав PP 407-422 non 2 1 ·The Indian Statute-book 75 Act, As to legislation for territorial waters, see the Transport of Salt act, 1879 (11'I of 1879), and the Obstruction in Furways Act, 1881 (III of 1881), also the proceed. ings in Council, Ga ette of India, 1879, Supplt , P 1224, and Gavette of India, 1881, Supplt, P 19, und ante, p 11 Its extra-teruitorul poreis mas be summarized as follows The Indian legislature may make lairs (1) foi all subjects of His Majesty and servants of the Crown within all parts of India outside British India (1) for the government of officeis, soldiers, airmen and followers in His Majesty s Indian forces wherever they are serving in so far as they are not subject to the Army Act or the Air Force (111) for all persons employed or serving in any naval toices raised bi the Governoi General in Council wherever they are serving, in so far as they are not subject to the Naval Discip. lue Act, (12) for all native Indian subjects of His Majesty without and beyond as well as within Butish India (See s 65 of the Gorenment of India Act) There are also rarious Acts of Parliament enabling the legislatures of British possessions to deal with special subjects which may involve extra territorial legislation, see, for example, the Admiralty Oftences (Colomal) Act, 1860 (23 . Tict, c 122), s i, the latuinlization Act, 1870 (33 & 31 Vut, c. 14), S. 16, the Extradition Act 1870 (33 & 34 Vict, c 52) 18 and 23, the Slare Trade Act, 1876 (39 & 40 Vict, 46), s 2 thé Tugitive Oftenders Ict, 1881 (44 & 45 Tict , c 69), s 32, the Colonial Courts of Admiralty .Ict, 1890 (33 E 34 Vict, c 27) the Colomnl I'robate Ict, 1992 (55 Vict, c 6), « 1, and the Merchant Shipping Ict, 1894 (57 & 58 Tict, c 60), SS 735 and 736 ? Unler the proslao to s 65 of the Gorerament of India Act, the Indian legislature has not, unless es presli so authorized by iet of Parliament, power to inahe ang 12x repealing or affecting- (1) ans et of Parliment passed after 1800 and estending to British India, includiug the Irm Ict and fir Force Act, (11) 05 Act of Parliament euat ling the Secretars of Stute in Council to raise moner in the United Kingdom ·76 Appendix 1. Kingdom for the government of India, and has no power to repeal or alter any rules made under the Government of ludia Act [8 129A (1)] Under sub section (3) of s 131 express power has been given to the Indian legislature to alter certain provisions of that Act which are enumerated in the Fifth Schedule thereto Before the Government of India Act, 1915, there was a considerable conflict of opinion regarding the powers of the Indian legislature to affect the jurisdiction of High Courts Reference tu the following cases will be useful Collector of Ihana v Bhashar (1884), I LR 8 Bom 264, reda llosseru in re (1876) I Ill 1 Cal 431, Queen Buralı, (1878) LR 5I A. 178, Currie, in re (1896), I L R 21 Bom 405, Sheonandan v hing Emperor (1918), 3 Put L J 581 This was made clear by s 131 (3) and Sch V of the Government of India Act which enables the Indian legislature to zmend s 106 regarding the jurisdiction, powers and authority of High Courts Further, the Indian legislature has no power to pass any law affecting the authority of Parliament or any part of the unwritten laws or constitution of the United King dom of Great Butun and Northern Ireland whereon inny depend in any degree the allegiance of any person to the Crown of the United Kingdom or affecting the sorer. eignty and dominion of the Croh over any part of British India [Government of Indi1 Act s 05 (2) ] For the meaning of the words 'unwritten law or constitution Whereon muy depend”, etc see meer Khan's case, G Ben L Rat PP 477-482 It may be noted that any Ict giving power to ans Court other than 1 High Court to sentence European British subjects to death requires the previous sanction of the Secretary of State in Council [ 05 (3) of the Government of India Act] Under $ 67 of the Government of India Ict, the Indian legislature cannot, without the sanction of the Governor General, enact any Act affecting-- (a) the public debt or revenues, (b) the religious rites and usages, the discipline or maintenance of the military, or air forces, (d) daval relations of the Government with foreign princes or states, (e) provincial ·The Indian Statute book 77 (e) provincial subjects as defined 11 8 45 (4), unless ther are expressly made subject to legis lation by the Indian legislature or 20y Act repealing or imendinge () any Act of a local legislature (9) ant Act or Oidinince of the Governor General 4 It is a mell established rule in England, that the power to Crown is not bound by a statute unless it is expressly or buad Crowne by necessary implication named therein, on the ground that the legislature mahe laws for subjects and not for the sovereign Tbe same rule has been adopted in the Unitel States In one case it was sought to make Chelsea Bridge liable for poor rates but as the statutes imposing poor rates did not name the Crown and as the buidge was built by the Commissioners of Works out of public money it was held that the bridge was not rat able-Reg: V/cCann (1808) L R 3Q B 141 677 As In Inn is non governed by and in the name of His Vajests (s 1 of the Government of India Act) and as the powers of the Indian legislature are wholly derived from Parliament it seems clear that an Indian Act cannot bind the Crown or the executue of the Crown unless Parliament has in terms bestowed on it power to do 50 The onl provision in point appeurs to be $ 84 (1) (1) of the Gorernnient of India Act which provides that no Act of the Indun or local legislature shall be deemel invalid by season only that it affects tle prerogative of the Crown Tbie provision prob ably authorises the legislature in India to bind the executive of the Crown (tl at is the Government) by Its Acte The English rule that a statute does not bind the Crown unless it 19 named in it expressly or by necessary implication has leen held applicable in India See Gorernment of Bombay - Esufalı (1909) I LR 31 Bom 618 at p 629 In Bell Municipnl Commissioners for the City of Jadras (1901) I LÌ 25 Mnd 457 Bhashyam Auingar J was of exempted ng on him has been followed in the majority of decisions-Secretar of State latlarablar (1599) I LR14 Bom 213 Secretary of State Bomi ry I aiding Co (1SCS) 5 Bom ICR ( OCT) 23 A distinction hofteser ina le drawn letween acts done by the Gorernment in India in eser cire of what are called sovereign posters and acts done in the conduct of undertakings which might be carried on li pripate indırıdunla without laring forereign rosent in some cices C ·Regulations tinder 33 Vict, 3 in 73 Appendix 1. powers delegated to them--see Nobin Chunder Dey y. Secretary of State for India (1870), I LR I Cal 11, and P & Co i Secretary of State for India, there cited, also Secretary of State for India y Hari Bhanji (1882), I LR 5 Vad 273, Ross : Secretary of State 37 of State ✓ Cocl raft (1914), I L R 39 Dad 351, Řameshuar Sinyl i Secretary of Stute (1911), I LR 39 Cal 1 (PC), and s 65 of the Government of India Act, 18.8 (21 & 22 Vict, c 106) Tor legislative procedure see the Rules of Legislature Business made under ss 67 and 80 () of the Government of India Act V In 1870, an additional power of legislation was bestowed bv parliament on the Indian Government By the Government of India Act, 1870 (33 lct , . 3), ss 1 ind 2, which correspond to s 71 of the Government of Inda Act the Gover noi General (Executive) Council 14 uuthorized to male Regulations for the pence and good government of certain territories in Birtish India The object of tlus statute was to provide a more summiry and elastic procedure for making laws for the nore linel ward puts of British India lhe section empowers the Local Government to propose to the Governor General in Council drafts of Regulations for any territory to which the Secretary of State has declared that section pplicable The Governo1 General in Council is then dnected to take the draft into consideration If the policy of the measure 18 approred the form of the draft is overhauled by the I egislative Department and retuned if necessay to the Lochl Government for re submission When the diaft Regulation so proposed, has been approved bs the Goreinor General in Council* and has received the Governor General's assent it is pub lished in the Gazette of India and the local official Gazette, und "shall thereupon hare the lile force of lan and be subject to the Ithe disallorince as if it were al Act of the Indian legislature" 2 The statute of 1870 Tas the result of a despatck from the Government of India to the Secretary of State, dated 10th January, 1868, which as drafted by Sır HS Maine The despatch points out that, when new wud vild territory is annexed, it becomes at once an integral part of British India and British Indian lar applies to it But a refined and elaborate system of lat is wholly unsuitable to such territory and its populntion To a greater or less extent the people must be left to follon their own custodia, Such drifts are regularis brought before a reting of the Executive Council ·The Indian Statute-book. 79 customs, and the introduction of English lar must be gradual and tentative "ampler mode of exercising legislative power than that provided by the Indiau Councils Act nould seem desirable for the purpose of legalizing such experiments, and, in fact, the legislative machinery which we preter for these wild territories would differ only from the esecutire markmery not applied by the Punjab Government in its ecuring a greater degree of caution and deliberation for all measure that might be adopted towards the chief and people" Life of So Henry Varne by Grant Duff. p. 360, there the despatch is cited at length ) See Ilbert's Government of India, 3rd Ed P 105 There a, considerable divergence of opinion on the question, whether the application of a Regulation is or is not strictly territorial It was generally held that there was no surh territorial restuction The British Baluchistan Ciril Justice Regulation, 1896 (IX of 1896) therefore, prorided that the Chief Court in the Punjab should be the High Court in cases of divoice for British Baluchistin (See also s 15 of the Andaman and Nicobar Island Regulation, 1874 ) The Punjab Chief Court questioned the validity of this poner To set at rest this divergence of opinion, the provision in subsection 3 (a) was alldel tos 71 of the Act of 1915 by the Government of India Act, 1916 3 Under the powers ronferred by the statute of 1870 a large number of Regulations hare been made for the wilder parts of Bengal, Bombas, the North-TT'estern Proriuces, the Punjab, and Burma and for Cool, Ajmere, Assam, the Andaman Islands, British Baluchistan, and Aden 4 It is to be noted that, with the erception of s. 5 (1) and (2) (commencement of Acts), the provisions of the General Clauses Act, 1897 (1 of 1897), apply to Regulations There is no difference in forn between a Regulation and an Act, except that in the former c?«e the word Regulation” Is used where in the latter case “ Act " Tould be used. 3. The Regulations applicable to the territories under the various Local Governments are collected in the local Codes published by the Legislature Department of the Government of India or the Local Government l'or the procedure in making Regulations, see Rule 36 of the Rules of Business under s 40 ) of the Gurerna ment of India Ict. (The rules rrete originally made under 8 of the Indian Councils Act, 1861). VI Bil of the Government of India lot. porer Orduandete is giren to the Governor General to mahe temporary lara in ·82 Appendix 1 J) 195, Collector of Tlar av Bhushar Vahadeo (1884), I'L R 8 Bom 264 Harı y Secretary of State (1903) I L R 27 Bom 424 Certain of the provisions of Bom bay Act III of 1888 and of Bengal Act II of 1888 bring on this ground been found to be ultra uires of the local legislatures they were supplemented or validated by Acts of the Governoi Geneial in Council -see Act VII of 1888 the Oudh Courts (Supplementary) Act TYYII of 1925 the duras Bengal and Bombay Children (Supplementary) Act III of 1920 and the Sınd Courts (Supplementary) Ict 11 IT of 1926 5 The Secretary of State in a despatch dated 1st December 1862, ruled that every Bill of a local legisla ture containing peunl clauses should be submitted to the Goreinor General for his previous section nnd in a despatch dated 3rd December 1836 he pointed out that when a general Act of the Gover vor General in Council is amended by a local legislature it is inconvenient to in corporate the new provisions which are intended to have only a local application in the general Act, and that the new provisions would more appropriately be framed as a separate Act of the local legislature to tale eftect with the sanction of the Governor General and not with standing anything contained in the general act 6 It is to be noted that an Act of 1 local legislature does not have any validity until the Governor General shall have assented thereto and such assent shall have been signified by him to ind published by the Gover 01 Lieutenant Governor as the case may be See $ 81 (3) of the Government of India Act Statutory VIII In modern times the practice has sprung up of made ander delegnting certain pomery of legislation to public author- English Acte tres and local bodies The Act of Parlinment denls with the main principles of the measure and then leare, the subordinate details to be dealt with by the more flexible machinery of rules orders regulations or bye laws as they are variously called Poner is sometimes given to authorities in India to male rules to carry into effect the provisions of English Acts For example the Governor General in Councıl has tride rule making powers under the Government of India Act which are however usually subject to the sanction of the Secretary of Stnte in Council Then legislative porrers qe thus delegated to subordı nate authorities the porers must of course be exercised in accordance with the authoriti giren and it is a que. tion for the Courts to determine whether the authority has or has not been exceeded It is a clear rule that no Court cin question the validits of an Act of Parliament but no ·The Indian Statute book. 83 but the numerous decisions on the exercise of delegated powers of legislation hue established certain jules of toustruction in ielation to them The wount of defei euce paid by the Courts to this class of legislation depends on the character of the luthouty of the delegated lawgirer, ind the intention expressed by ou to be implied from the langunge of the legislature as to the estent of authontı or lespect to be attached to the instrument in question The Courts exercise a keen supervision over municipal bre laws or by e laws made by trading corponitions such as railways under their private Acts, but they are very loth to interfere with rules made by the Judges or administrative departments of the State Thus, there 1 rule made by the Lord Chancellor with the concurrence of the Boud of Trade under the Ban- Tuuptcy Act 1893 (46 & 47 Vict, c 52) took away the nght of appeal to the High Court in cases under £50, both the High Court and the Court of Appeal upheld the validity of the rule, and Lord Esher in his judgment sys—' Thenever the objection is taken that ? general rule made by such a great judicial officer, with the concurrence of a great officer of State, is ultra zires, it will be necessary for the Court, if it has to decule the point to look at the rule with extreme care, and we should be strongly inclined to the rien that such lugh functionaries had not exceeded their authority, though, of cowse if we thought they had, we should be beind to 7SO -1 r parte Forman (1887), 18 R B D 393 Cf Re Stainton (1887), 19 Q BD 162 But it is been held by the House of Lords that where ou let en pressly declares that any rules made under it “ shall hare the same effect as af enacted by this dct' the Courts are debarred from calling the rules in question, for they cannot question the powers of the legislature atself-Institute of Patent Agents r Lock uool (1894], AC 347 IX The practice of learing subordinate detuls of Statatory legislation to be sorhed out bs rules or orders bos been Roles, &c. made under nidels adopted in India Arparentlr the first Ict mbich Indian gave this delegated poner Tis Act XI of 1850, 8 3 Nos legislation nearly erert Act contains a rule making power and the statutory rules, orders, regulations, bie-ins and notifications collected together almost equal in rolune the Acts thiemselses The scope and extent of the authority of these rules depends of course upon the terms of the enactments emporering them to he mule luich vars greatls trut in judging of their malidity, Ini 10 Courts rould probably be purded his the same conade.a. trops that the English Courts hare applied to rules and bre-laws ·84 Appendix 1. bye-lare made under English statutes It is to be noted that ss 20 to 24 of the Genernl Clauses Act, 1897 (X of 1997), apply to this class of enactment In certain enactments rules mide do not come into force till they are approved by the legislature de s 8 of the Cotton Transport Act, 1923-or certain enactments require that they should be placed before the local legislature Certain local legislatures have enacted that iules made under certain Acts are liable to be rescinded or modified by the legislatureSee Bombay Act IVIII of 1925, s 221 This practice, howerer is avoided as far as possible Executive orders made I The territories under the gorernment of the East for non re India Company were divided into Regulation and nongalation pro regulation provinces The territories outside the Benvous prior gal, Madras and Bombas, Presidencies were known as non-regulation provinces because the Regulations made for the old Presidencies did not apply to them It was assumed that they were on the same footing 14 Crown colonies, and that they were to be governed by the executive power Orders and Regulations were made for them either br the Governor General or by the Governor Gene. ral in Erecutive Council Doubts hyving arisen as to the validits of these orders and regulations, 25 of the Indian Councils Act, 1861 (24 & 20 Vict c 67), provided that the should not be deemed inralıd only by reason that they had not been made in accordance with the statutory requirements of ordinary Indian legislation That enactment has been construed as impliedly prohibiting such legislation for the future These orders and regulations have never been collected and probably most, or nearly all, of them Thich have not been expressis annulled are not obsolete In 1870 Sır Titz Tames Stephen, after referring to the estraordinary indistinctness of this body of legislation, proceeded to give the following illustration -" It was ordered on the conquest of some of the provinces—the Punjab for instancethat the spirit of the Bengal Regulations should be applied to them, and Furious ordere hare been issued at different times, and with respect to different provinces, estending the provisions of particular Regulations ind Icts in å more or less indefinite minner to those provinces The Circular Orders too, which have the force of law, were in mins instances, not rann up by lau peis or with any seference to legal principles, but were intended to meet the esigencies of that state of discretionary government which is nor pacing, if it has not possed away When such orders come before Courts of 1977, and are interpreted strictls, the results are often lamentable" As to express Tepeal, see, eg, Schedule I to the Punjab Lars Act, 1872 (IV of 1872) Тbe 1 ·The Indian Statute-book. 85 may be useful )) The origin and scope of the various classes of enact- Publication ment which, in combination, may be said to form the of Statuto law. lez scripta of India, having been traced, it to note how far that body of statutory epactments has heen collected in any form which 18 accessible to the public tho are governed by it Sır FitzJames Stephen, in a minute of the 10th February, 1870, after commenting on the defects which are common to all Statutebooks, observes that the Indian Statute book has ons which is peculiar to itself If it were not a contradiction to sai so, I should describe this fault as consisting in the fact that it does not exist I mean by this that the wutten law of India is nowhere collected into one bods but is to be found in a greater number of reposi. tories than the written law of almost any other country Since 1870 much lias been done, and the Indian stati booh is not hardly open to that reproach (1) The Acts of Parliament concerning India up to the verr 1881 rere first collected and published in Wlutley Stol es' Collection of Statutes relating to Indra This compilation is not maintamed and brought up to date from time to time by the Legislative Department of the Government of India (2) The Orders in Council relating to India have not been collected, but references to them may be found under the heading "India" in the Index to Statutory Rules and Orders published by the Statute Law Committee in Englid, and also in Part I of the Last of General Statutory Rules and Orders, a new edition of which has lately been publislied by the Legislative Department (3) The Acts of the Governor General in Council from 1834 onwards are published in 10nual volumes, and a revised edition of the unrepealed general Acts from 1834 to 1927 has just been published by the legislatire Department (4) Local Codes used to be published by the Legis latire Department for the provinces under the Indian Gorernment but the preparation of these Codes in prorinces wluch hire local legislatures por derolves on the Local Governments These Codes contun (a) the old Regulations so far as they are in force in the province in question, (b) local Acts of the Gorernor General in Council and Indian legislature (c) Regulations under 33 Vict, c 3 and s 71 of the Government of Indii Act applying to tlie prorince in question, and (d) Acte of the local legislature, if ant The dates of the latest editions of these local Codes are V dras (1915) Punjab (1928), Burma (1924), Bengal (1913-1915), Baluchistan (1914). Central Provinces ·86 Appendo 1 Central Provinces (1924) United Provinces (1922), Ajmere (1916) Coorg (1908) Bombay (1923), Assam (1915) (5) The collections of Statutory Rules and Orders for the General Statutes have been published by the Goverument of India rhile the Local Governments have also published their collections so far as they relate to their provinces Legislation for Stato ter ritory (6). The Chronological Table of enactments relating Tudia was last published in 1917 but a nen editiou of this volume s now in the press and will shortly be published Tlie Indes to the Indian Statutes is in course of piepration by the Legislative Department Side by side with the British Indian Statute bool there exists a large body of laws for State territory closel following Buitish Indian legislation but owing its autho 1161 to a wholly different source The Governor General in Council, under powers conferred by the Indian (I'oreign ris liction) Ordei in Council 1902 mal es laws for Is igned Districts British cantonments Resi dency bazars ruilway lands and other ceded jurisdictions in the teritories of Indian States The laws so made do not owe their validity either to the English or to the Indian legislature but derive their authority from the delegated pierogative of the British Crown rhich is the suzei un ud paramount porrer in India For instance the provisions of many Indian Acts have been applied to the Cıvıl and Military Station of Bangalore which is in the Vysore State But those Acts are not in force in Bangalore as Acts of the Indian legislature It would have been equally competent to the Governor General in Council to have applied the coriesponding prozisions of the French or Germin Codes The laws so made by tl e executive of the Crown may be compared to the ordinances made by the Governors of Crown Colo mes_ind tl er may also be compared to the Orders male br His I vestr in Council for establishing consular courts i lletern States or for regulating African 110 tectorates But neither pirillel is quite exact for there is nothing elsewhere which exactly corresponds with the dırıded sovereignty which exists in Indiin States See Ilbert's Government of 11 dia Chip V The e laws and the rules and orders marle under them have been collected in Macpherson & Lists of British Enactments in force in Indian States of which a revised edition will be issued shortly APPENDIX IT..

·Statutory Drafting 87 APPENDIX II Note on Statutory Drafting The General Clauses Act, 1897, libe its predecessors General of 1868 and 1887 may be described 19 a I)raftsman's Clapses Act. Act Its objects are (1) to shorten the language of statutorr enactments (2) to provide as fu as possible for uniformits of expression by giring prima facie defini tions of a series of terms in common use, (3) to state esplicitly certain convenient ules of construction, and (4) to gund gunst slips and orersights by importing by implication into every Ict certain common fordi clauses which otherma e ought to be inserteil erpress and which ue ipt sometimes to be orerlooked The General Clauses Act toes not apply to the Acts of local legislatures Ench local legislature requires its onn General Clauses Act but it is evident that the local lits should confourn to the general Act, for otherwis direigent rules of construction would apply and great confusion mught iesult Section 5 (1) and (9) (the coming into operation of enactments) would not be applicable to the Acts of a local legislature but nearly all the re- 11uning provisions nie as inpropunte for such Icts 119 fou lots of the Governor Geneinl m Council u have in fact been adopted in the local Arts 2 Statutory diafting is concerned only with the form Statutory of legislation and not wth its substance or espediency drafting Its mun bject is to expres eleul ind unequivocally the intentions of the legislature, so that rights and obli. gations my be certun and that the laws which govern them may be "understanded of the people But, to effect this object it is no cient to use language which in despatch or resolution would properly be de scribed 15 accurate and precise The construction of Acts And other statutors enactments is confided to the courts of link In proces of time the courts have evolved a huge and elaborate body of rules to guide them in con. struing statute litt Tiers enactment must he framed with constant attention to these rules for if it be not so framed it mit iholls miss its much So too many terms and expressions have a technical meaning in law, aluch is quite distinct from their popular meaning, for or imple the word “heir " in English lart refers onls to the anlıerito of real properts and the forel' ship has a nuutical, a popular, and a legislative meaning (see ante p 37) Thien ng in the experience of generatione of draftinen las worked out a series of rules which munt le ol erred in order to rire uniformits to legislation, D2 ·88 Appendix II. legislation, and wlich enables those who are concerned with its construction to see at a glance the scheme and scope of any particular piece of legislation Every Act must so to speab be fitted into a general framework Rules of 3 The following notes relating to the drafting of drafting Indian Acts are adapted, by permission, from a memorandum on "Statutory Forms" drawn up by Sir C Ilbert, Parliamentary Counsel to the Treasury • English rules of drafting are not applicable to India in their entirety because many of them depend on the relations of the House of Commons to the House of Lords and the Crown, and on the Standing Orders of the two Houses Thus the special rules relating to consolidation Bills and money Bulls in parliament have no application to India Probably the most convenient course will be to deal first with some preliminary matters and then to take the famework of an Indian Act as the type of legislation and to note consecutively on its component parts It will be observed that many of the rules noted below are not hard and fast rules but only general principles to be departed from with caution The forms too are not to be followed blindly, but their applicability to each case must be considered Preliminary 4 Before beginning to draft a Bill it is essential to Vorks master the subject matter When a doubtful question of construction arises, the courts are entitled to consider the previous law and practice, the mischief or defects which the Act was intended to remove, and the nature of the remedy provided, and the courts moreover proceed on the assumption that the legislature Then legislating, knows the existing state of the lar So before derising a remedy, it necessary, to know the ex ng law and practice and to lare a clear conception of the mischief or defects to be remedied The following points should be considered with respect to each proposed enactment Is legislation neces or can the matter he conveniently dealt with by executive orders? If legislation is required should it be carried out by the central legislature or by local legis lation Finally, if an Act 19 resolved on should the Act deal with the whole question, or should details be left to be dealt with br the more flesible machiners of statutory rules? Arrangement 5 The subject-matter of a Bill should be arranged with reference to administrative convenience Normal Sorr and *Gofernment Bills in England are drafted by or under the directions of the Parliamentars Counsel to the Treasury No Provision is made for drafting Bills introduced by privato mem- 1s regards English drafting see Lord Thring & Tractical Tegulation bers ·1 369 Statutory Drafting. 89 and general provisions should come first; special, exceptional or local provisions should be placed at the end. Thus a Bill applying to the whole of British India should be framed accordingly, and any necessary adaptation to the Presidency-towns should, as a rule, be dealt with in special clauses near the end So too, it is convenient to put temporary and transitional provisions at the end, because, when they are spent, they can be repealed without making gaps in the fabric of the Act It is generally expedient to lay down first the rules of law to be observed, and then to state the authorities hy which they are to be administered, and the procedure to be followed in administering them 6 When a Bill is a long one, it may be made more Dvion into ensils intelligible by dividing it into Parts (see ante, Parts p 28), and by grouping clauses under italic headings, as to which see Queen v Local Government Board (1882), IR 10 Q BD, at p 321, Hammersmith, etc Railray Co ? Brand (1869), L R 4 II L , at pp 210-217, and Union Steamshup Company of New Zcaland s el. bourne Harbour Trust Commissioners [1881] 9 A C, at But excessive sub-division is to be avoided It has been said that a Bill should not be divided into Parts unless the subjects of the Parts are so distinct that they might approprintely be contuned in separate Acts ñ When a Bill 18 of any length, a tabular “ Arrange. Arrangement ment of clauses” as it 18 called in England, or "Con- of section. tents as it is called in India, may be prefixel to the Bill This is rarely done in Bills drnfted by the Government of India, but such tables are prepared and prefixed to Acts when republished in the official editions which are issued for sale to the public The study of such a table is useful for testing the convenience and logical sequence of the arringement adopted it may be noted that the sub (1119011s oi a Bill are called "clauses” When the Bill is passed and becomes on Act, its clauses become sections In the Ball itself they are always referred to as sections, becsuee the Bill 18 drafted on the assumption that it will become law, see ante, p 35 8 Inch section should livre a marginal note, which Varginnt sliould be short and distinctive It should be general, Dotes. and should describe, but not attempt to summarize, the contents of the section to much it relates It should usunll be in the substantiral form Tor instance, it should run-"Power of Local Government to make rules," and not « The Local Government mis mahe rulng" When a chiuse is amended in Select Committee, care should ·Sections 90 Appendix II. should always be taken to see if any corresponding alteration is required in the marginal note l'ormerly in Eng land marginal notes were added after Bills were passod iuto lar, but now they appear on the rolls of Parliament, and intell thun) s—see Interpretation of Statutes, oth Ed, p 76—that it is still doubtful whethel they are in these circunstances to be taken as put of the statute ol not The bette, vier seems to be that such note is not an integral part of the Act, but that, when the construction is doubtful, it may be referred to as a contemporaneous exposition of the meaning In the latest edition of the Statutes Relised the editois 11e clearly taken this view, for they hare dealt rery, freely with the marginal notes, which have been considerably altered and abridged In India there has been a similar change in practice, Act XV of 1854 haring been the first Act introduced into Council and passed, as is done nowa days 27th marginal notes In Punardeo Narain Singh Ram Sarup Roy (1898), I L R 25 Cal 808, it was held that marginal notes are not part of the Act to Thich they are added 9 The marginal note may be used to test the question whether a guen subject should be dealt with in one or more sections If the marginal note cannot be made chort without being rigue or distinctive without being long the presumption is that the proposed section should be cut up into two or more sections If a section is long and complex, it should be divided into sub sections As to " section, nee further note ante, P 34 l'Io sos mu be used to qualify or cieate an erception to general rule or statement, but should not be used to state i general rule 10 Ench sentence should be 18 short and simple as possible The rules to be laid down may be exther geneinl or particular, and either absolute or qualified When 7 rule is to apply only to a particular case or set of circunstances, it is usually convenient to state the case or set of circumstances first, and to let the rule folloir But when the rule is to apply to several (res 01 sets of circumstances, it is often convenient to state the rule first and enumerate the cases or sets of circumstancey aftertards Sections 319 and 320 of the Indian Penal Code illustrate these propositione Section 319 states the case first and the rule afterwards, thus, "Whoerer causes bodils pain, disease or infirmits to ans person as suid to cruce hurt" Section 320 has to deal with eight cases which may constitute gries. ous hurt It therefore states the rule first and the ocht cases ifters and thus — The following hinds of hurt only Provisas a Sentences ·or 60 Statutory Drafting. 91 only are designated as grievous-first," and then follow the eight cases Where a rule is to be subject to qualifications, restrietions or exceptions, these should follow the statement of the rule But it is sometimes convenient to prefix to the rule sods shewing that it 19 to be so qualıhed, for inst ince such words as—" Subject to the erceptions hereinafter nentioned " “Subject to the prouisions of section**, or, as the case may be Where possible, the enumeration of particulars should be avoided" It is almost impossible to make the enumeration exhaustive, and accidental omission may be construed as implying deliberate exclusion To take all obvious illustration, the term person pruna facie includes bodies corporate as well as natural persons (see ante p 28) is preferable to use the term " person rather than to attempt to enumerate what it includes Ivy savius man, woman, child, partnership, company, association, society corporation etc The draftsman must always bear in mind the pitfalls sluich underlie the tuo mums of construction oscitur a socus" and I pressi Muus est eiclusio alterius "_see Mariell on Sintutes 6th El, p 517 and In re Stock port Rayger! Industrial and Reformatory Schools (1899), L. J 68 Ch D l'art I, p. 41 So too, where there is an enume ration of several persons or things, followed by an enrut ment intended to apply to all and ench of them, care must be til en to mnie the enactment apply both gene: rally and distributively For instance, A, B, Card D, or any one or more of them, unr**" 11 The Innguage of 1 Bill should be precise, but, Language there ordinary language is unambiguous, technical lan. unge should be noided No more words should be used than are necessary to mnhe the merning clear Evers auperfluous word my mise a discussion in court Sc too the aime tord should always be used to express thc kame thing Nouns should be used in preference to proeven at the cost of repetition Anything like eleguíce of style must always give way to precision of mening The use of aynonynis cannot be justified 13 rafting, although no grent freight is to be attached to change of lingunge-see Virwell's Interpretation of 6th Fa Conversely, the mme word must not be used with different meaning, If, in a parti: cului pluce, it is neces711 to be a term in different sense from that which it benrs in the rest of the Act a special fentences such as the following should be avoided, - << immunition shall onls be sold br al censed dealer hermeticalls Kenled in an iron bor " 1101111s Statutes, p 506 .FO ·€6 39 39 92 Appendix 11. special definition should be added to the clause in quesion (see, eg, the Explanation to s 203 of the Indian Penal Code) An Act is intended to confer nights and create duties, and it should specify clearly on whom the rights are conferred and the duties imposed Alatent ambiguity mar often be avoided by using the active instead of the passire form of the verb, eg, by saying that a particular person may . do " a particular thing, instead of saying that a particular thing "may be done" "Shall" and The use of the future conditional ("If he shall") May' should be aroided, the use of the word "shall’ should be confined to the imperative, and the indicative should follow "if" in drafting Forward references should, if possible be nvoided The word shall is the ordinary form of the legis Intire imperative and is equiralent to "must"* The Use of the word " may , in conferring a power, has given rise to much difficulty It has been held in many cases that the person on hom the poter is conferred is bound to exercise it, and hence it has been said that "mar really means must But the English doctrine is now settled on an intelligible basis by a decision of the House of I ords "The words it shall be lawful," says Lord Cairns ore words making that legal and possible which there would otherwise be no right or authority to do They confer a faculty or poter, and they do not of themselves do more than confer a faculty or power But there may be something in the nature of the thing ens. po mered to be done, something in the object for which it is to be done, something in the title of the persons for whose benefit the poter is to be exercised, which may couple the power with duty and make it the duty of the person in whom the porrer reposed, to exercise that power when called upon to do so "Julius Bishop of Orford (1890], 5 Ac, at p. 222 In a subsequent case, Cotton LT says-"I think that great misconception is caused by saying that in some cases may meins must or shall It can never menn must as long as the English language retains its meaning, but it gives a power, and then it may be a question in what rases there, when a judge has a power given him by the word may it becomes his duty to exercise it"- Nicholls r Baker (1890), 44 Ch D, at p 270 Haring regard to this principle, it is often well to confer a discretion in express terms, eg, by saying "the court inat, in its discretion," or "the Local Gorernment may, if • 43 to "he occasional construction of the Ford "sball" merely directory sce Ne Thurlow (1095) IQ 724 ·Statutory Drafting 93 if it thinks fit " But see Maxwell's Interpretation of Statutes, oth Ed , P424 et seq and Craies on Statute Laio, 3rd Ed , P 252 12 A duty is incomplete without a sanction When Penaltica. an Act requires a thing to be done, the draftsman must always consider what the consequences are to be of it 38 not done, and whether an express penalty for disobe dience is required It is a well-known rule in England that when an Act of Parliament imposes a duty of a public nature, and specifies no penalty for its breach, any breach of that duty constitutes a misdemeanour at common law punishable with fine and imprisonment But there is no trace of this rule having ever been applied in India, and s 2 of the Indian Penal Code appears to negative it The Act consequently must deal explicitly with the consequences of disobedience They may be either cinl or criminal or both Criminal penaltres should always be carefully considered and apportioned to the nature of the offence When there are analogous provisions in the Indian Penal Code, it in sometimes expedient to make them apply, see, eg, 2 473 of the City of Bombay Municipal Act, 1888 (Bombay Act III of 1888), and s 3 of the Epidemic Diseases Act, 1897 (III of 1897) See also the Criminal Tribes Act, 1924 (VI of 1924), sec 24 13 The practice of legislating by reference has often Legislation T by reference 1 lation only on its merits It is convenient to legislate by reference when a well known procedure can be applied, instead of creating a new and unfamiliar procedure ap plicable only to the particular case The multiplication of procedures is always an evil Section 25 of the General" Clauses Act, 1897, ante, p62, is a justifiable esample of legislation by reference Unless the contrary 15 expressed, it applies to the recorery of all fines the familiar provisions of the Indian Penal Code and the Code of Criminal Procedure Legislation by reference 18 unjustifiable when it is resorted to for the purpose of avoiding the detailed consideration of proposed legisla. tion The object of drafting is not to save trouble to the drftsman and slur over difficulties, but to male the las clear to those who have to administer at Act IXIT of 1841 19 a bad example of legislation by reference It extends "to the territories of the East India Company, so far as applicable to the same,' " the provisions of two English Acts of Parliament (11 Geo 4€ 1 Will 4, caps 46 and 65) It is obvious that the applicability of the complicated ·or A 94 Appendix II complicated provisions of thesė Acts can only be determined authoritatively by a series of decisions of the couits Such legislation delegates the functions of the legislature to the courts to be carried into effect ex post facto, and at the expense of the suitors Amending 14. In England an amending Bill for the most part Acte merely refers to the Act intended to be amended, and then proceeds to lay down the new rules to be enacted, in fact, it amends legislation as if it were a part of the common 171 In India a more convenient and logical practice is followed The required amendments are drafted for incorporation into the original Act and some such forms as the folloning are used – Tor section 21 of the said Act the following section shall be substituted namely - " After section 26 of the said Act the following section shall be inserted, namely The difference between the systems is illustiated by eg, 6 3 of the Army (Annual) Act, 1885 in which it is pro vided that in all future copies of the principal Atthe Army Act (44 & 45 Vict, c 58)-the wordly directed by the amending Act to be substituted shall be printed +herein and the Trords directed to be added thereto similar provision is made as regards the Narn! Discipline Act (29 & 30 Vict, c109)-see c9,87 (2) of the dari Discipline Act, 1884 (47 & 48 Vict, c39) See also s 45 (2) of the Government of India Act, 1019 Consolidation 15 When numerous amendments are proposed to be Acta mnde in an Act, it is always well to consider whether it is not better to repeal the original Act and te enact at with the proposed amendments This course diminishes the bull of the Statute book and makes the law easier for those who have to administer it for the linre only one document to consult instead of two There is also this further advantage, that the trhole Act spenhs front one and the same time Under modern conditione bor. ever, this is a counsel of perfection and the Louise suggested 25 rarely, if ever folloned On the contry, fret cire is then so to frame the title and preamble of an amending Bill as to preclude, the moring, dming tle passage of the Bill through the legislature of amendments not germque to the prrticular wheet om objects of the Billºns drun The usual form of words adopted for this poipose is (in the title)" A Bill further to aniene the Cantonments Act 1924 for a certain pour 2104c," and (in the preamble)" Whereas it is espedient (utlet to amenil the Cantonment Act 1934 for the purpose hereinafter appcanny These formule hare stood the test of actual esperience, the chair haring on inore than one occasion ruler out of order amendments proposed ·Statutory Drafting. 95 proposed in sections of the Act to be amended which were not touched by the amending Bill as introduced. The practical impossibility of repealing and re-enacting is illustrated by ierent amendments to the Code of Criminal Procedule, 1898, and the Indian factories Act, 1911 Although the amendments made have been very numerous and important, they have been incorporated into the existing Acta in order to avoid the alteration of other parts of the sets which it was desired to retain intact On such occasions, howerer, the Legislatie Department invariablı reprints the Act as soon as possible with the nex amendments hotin in loco When an Act has been several times ameniled, there is always a strong primâ facie case for consolidation The Indian form of amending legislation, though it makes consolidation easy, tends rather to disguise the fact that the differ homogeneous piece c different times and stance an Act passed before the General Clauses Act 1887 and amended by an Art passed after 1887 It mught, in the absence of sufficient care on the part of the driftsman, so happen that, by the trut incorporation of the teneral Claues Act, thien me terms in the original, and in the amending Act would have different meanings and operation In drafting a consolidating Bill, the draftsman of course must consider and, if necessari provide for the operation of the General Clauses lit or any other gener il legislation afecting the Act he is dealing with Thus, in limitatur General of Bengal 1 Premlal lullich (1895) LR WII 107 it p 114 and I LR 22 Cal 988 the Puss Couml pointed out that though s 30 of Act VIIV of 1967 was re-enacted in identical words to 31 of the Administiatoi General's Art 1574 (II of 1874) its operation in the latter It was muli more extensive bec use in the meantime the widu Wills Act, 1870 (TTIV of 1870) had been passend I 01 the canons for construing a codifying or consolidating see abid at pp 115 116 Band of Fngland l'aglrano (1891) 10 at p 115 per Jo Ner hell, and larendra Jath Street A mulhan Dan (119) LR2118 Before the vel 1921 no puek (onlulating 1.t had been raseu In the legal tue in ludu ithuatl the Indian Petroleum Irt 1899 TIII of 1999) 2001 the (ilandei ani l'in Int 1999 (VII of 1897) Sie lets in hihi Parious mill imeniments in the estatu 11n has been found neces11 ind 'tuniti " taken to iepal and re-enact the earsting enzetment ID ·Acts of in demnity 96 Appendı 11 In 1921, however, the Statute Law Revision Committee was constituted under the presidency of the President of the Council of State, then Sir Alexander Muddıman, who was for many reais Deputy Secretary and Secretary in the Legislatre Department The Statute Lar Re. vision Committee is indeed the creature of the interest which he took in the Indian Statute book and to his energy and drafting ability are due such important measures of consolidation as the Indian Merchant Shopping Act, 1923 (XXI of 1923), the Criminal Tribus Act, 1921 (VI of 1924), and the Indian Succession Act 1925 (XXIX of 1920) 16 Sometimes it is discovered that owing to a misapprehension of the law, the action of Government officers though perfectly proper in itself has been without legal nuthorits sometimes in political emergencies it is necessary to exercise powers i excess of, or different to those authorized br la whilst in times of martial lat doubts must inevitabls arise as to the personal res ponsibility of Government officers for actions they have thien On such occasions the practice is to ratiff wliat has been done by an Act of Indemnity For precedents of such Acts see Act TFXIV of 1860 (indemnity for acts done during the mutiny), Act XVII of 1886 s 5 (Jhansı and Horar) Act VIV of 1889 (indemnifung certain wit nesses) the Tributary Mahals of Orissa Act 1893 (TI of 1893) and the Indemnity Act 1919 (VXVII of 1919) Cj also Act III of 1890 (ralıdating certain marriages in Bangalore) and the Assam Labour and Emigration Ict ITI of 1927 Although it is a general principle of Lat that public nuthorities or officers are immune from being sued in Civil Courts in respect of nets done fara fide in the exercise of statutory powers (Spooner Jud lour 4 I P 371) in view of the fact that in Inden there is no aepurate Act of unirersal applicntion such 18 the Public Authorities I'rotection Ict 1892 indemnitr is often specifically conferred wlien public officers are empowered to do acts rich my infringe pririte rights (see notes under the headling I'rotecting Clause) Confirmins Act. of a 1" ars to confirm an Irt red to le ultra lite Thus the Governor Gene rl in Council to declare that certain provisions (interfering with the jurisdiction of the High Courte) contuned in the City of Bombar Junicipal Act 1888 (Bomi Irt III of 1888) and the Calcutta lunicipal Conslıdı 11on Act 1888 (Ben Act II of 1889) tccre as ialudos of they had been paused by the Governor General of India in Council at a meeting for the purpose of maling Lance to ·ments » p. 296) Statutory Drafting. 97 Laws and Regulations" See also The Madras, Bengal and Bombay Children (Supplementary) Act XXXV of 1925 In spite of the fact that this particular form of Fords was employed in that Act of 1925, it has been held to be undesirable as purporting to make valid that which the act of Parliament does not empower a local legislature to do The more correct form of validating legislation is, therefore, to repeal the invalid provision ind reenact it as a substantive provision in an Act of the Indian legislature (See the Punjab Courts (Supplementing) Act, 1919 (IX of 1919), the Oudh' Courto (Supplementary) Act, 1925 (XXXII of 1925), and the Bengal Criminal Law Amendment (Supplementary) Act 1925] 18 Statute Law Revision Acts or as they are called in Statuta LAT India Repealing and Amending Acts are from time to Rovusion Acte time passed with the object of making formal amendments in the Statute book and expressly and specifically repenling enactments which are spent, or have ceased to he in force otherwise than by express, specific repeal, or huse by lapse of time or otherwise become unnecessary The object of these Acts is to excise dend matter, prune off superfluities and reject inconsistent ennct (see Craves on Statute Lau 3rd T] For the latest esimples of these see Acts TITI of 1920 II of 1923 VII of 1924 of 1927 XII of 1927 ind \VIII of 1927 19 In England the practice is groting up of prefir Statement of ing to Bills i memorandum explaining the purport of Obyocto and the proposed legislation In India since 1862 it has been the uniform practice to append to every Bill a "Statement of Objects and Rensons This conveni ent procedure rus probablc borrowed from France where Projet de loi is a) ils accompamed br in "Ex pose des motifs The Irench courts continul le ort to the Fopose des motifs ? in interpreting the lite of the legislature, but both in Ingland and in India at is established that the proceedings of the legislature con not be referred to in the judicial interpretation of a entute--10mm strator General of Benja1 Premlal Vullich (1895) LR21 107 and I IR ?? Cal at ir 798, 799 The Statement of Objects and Reisong is useful historicalls o anlay commentary but there ne two sufficient reasons what the courts cannot rels on it in construmo in let In the first pla e the State ment refers to the Bill as introduced therers it may be considerably altered before it a pred In the second place the meaning of the legy lature mu-t be dedured from the language it has actually used and not from its presumed intentions When its language is imbiguous (but Reasons 1 ·98 Appendix II Illustrations (but not otherwise) reference may be made to the preti ous state of the latr, but even for this purpose the Statement of Objects and Reasons is not an authoritative statement of that lat 20 In India the practice wag at one time prevalent of giving illustrations in the Act itself-see, for instance, the numerous illustiations to the Indian Penal Code In dealing with abstract questions of substantire low, there is perhaps something to be sud for this practice, but in ordinar legislation the practice is a dangerous one because the dmftsman is apt to be content with vague or inaccurate lingunge and to rels on illustration to define h19 mening The courts too appear to differ as to how far illustrations are to be construed as bind ng enactments see R Cassidy (1867) 4 Bom HC Rep C 17 R Rahumat (1876) I LR 1 Bom 147 Tanah Ram Vehin Tal (1871) I LR 1 All47, and Roylish Sanatun (1881) 'I LR7 Chl 132 The Judicial Committee on a recent case held that it is the duty of Court of Lur to accept if that can le done, the illustration given as being both of relevance and of unlue in the construction of the text-Vlahomed Syedel rrifin Yesh Oor Garh (1916] 2 IC 57) In modern times thus practice has been discontinuerl 21 The forms which follow are specuinen form for gudance in drafting As alrendy remarhed ther must not be follower blindly but their applicabilits to each once should be considered The italics indicate the shele. ton of cach form while the words in Romın trpe are inseited by var of illustration Specimen form TITLE Title 1 A Bill further to amend [the Indian Penal Codle] ? . Bill to consolidate and amend the laic relating to [Stumps? ? 1 Bill to make proiztion for certain matters con nected cith 4 1 Bill to repeal certain obsolete enactments and to auenl certain oil er enactinents Iver Indian Bull hne a title succinctls descriling the nature of the propo ed ineisure The title luch I prefired to the Bill and retained in the Act, must not le enfounded with the short title usually conferred by the first section of the Act itself In framing the title rare should le taken that it is sufficiently ride to cover all' ·Statutory Drafting 99 all the provisions of the Bill, and that it is not too vague, o as to invite amendments outside the scope of the pro 3osed measure (See pra 15 ante, P 91) In England the officers of the House (Lords or Com mous as the case may be) are responsible for seeing that the title covers the piovisions of the Bill T'or the effect of the title in aiding construction see Craies on Statute Lar pp 1734-177, Ed 3, l'ouells hempton Pal Race course Company [1897] 2Q BCA at p 289 PREAMBI E 1 Thercas it is expedient (to amend (or further to Preamble amend) the Indian Penal Code] 2 Whereas it is expedient that certain amendments should be made in the enactments specified in the Second Schedule, and whereas it is also expedient that certain enact ments specified in the First Schedule and hich are spent, or hare ceased to be in forec otherwise than by express repeal, or have by lapse of time or otherwise become unnecessary, should be crprcssly and specifically repealed In England the modern practice is to dispense with menmbiles in public Acts unless theie ure sperial cir cumstances which it is necessary to recite and most of the preunbles to the older Acts have been repealed But in India it has been the practie to prefis , preamble Act Sometimes the preamble merely repents the title of the Act and in such cases it seen some what superfluous piece of verbinge Tormele Jefinite forms of preamlle wee Act Il of 1980 Hit Il of 1895 Art ITII of 1895, the Indian Naval Arnament Ist 1923 (VII of 1923) the Indian Penal Code (Amend ment) Act 1923 (Y of 1923) the Steel Industri (Protection) let 1927 (I11 of 1927) and mans others The proper function of 1 preamble is to explun certain fucts which are necessors to be esplained lefore the enactments contained in the Ict can be understood' (Thrings Practical Inslation p 92 ) is to the eftet of the piermble on the coustruction of the tit spel rares on Statute Larc d Id 1 190 186 l'urrell her ton l'arl Race coure Compiny [1997] 20B C 12 pp. 289--290 and hennard Cory and Son [1999]? Q R 575 Tor the effect of ricital of fact in an Iet, Kee Crores on Statute l air, 3ril rd pp 4043 429-433 SACTING to ever ·Enacting formal 100 Appendir II. EnAc12.xG FORSTOLA It is hereby enacted as follocs The corresponding English formula 19 a more complicated one, but its origin is historical-see Anson's Laro of the Constitution, Vol 1, 5th Ed , P 262 It runs as follows "Be it enacted by the Queen's Most Escellent Vajesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the sime, as follows" Short titlo SHORT TITLE 1 This Act may be called the Indian Penal Code, or Indian Stump Act, 1899, or as the case may be] 2 This Act may be called the (Indian Tariff (Amend ment) Act, 1928] For the citation of enactments by their short titles, see s 28 of the General Clauses Act 1897, and notes thereto, ante, pp 64, 65 Where in any enactment at is necessary to cite or refer to an English Act of Parliament its short title should be cited and a reference to the session and chapter inserted in the margin Thus, if the Act cited be the Indian Councils Act, 1861 there should be a marginal reference-24 & 25 Vict, c 67 A similar rule applies to Indian Acts thus of the Act cited be the Indian Penal Code, the marginal 1eference should be-TLY of 1860 A short title should be short, for it is merely a label or indes heading to the enactment in question A good example to aroid is furnished br an English Act-"'The Fisheries (Orster Crab and Lobster) Act (1877)" futen) Gauss ETTEYT CLAUSE 1 It [te, This Act] extends to the whole of British India 2 It extends to the tchole of Batish India, includingº British Daluchistan and the Sonthal Parganas 3 12 . Before the Covernment of India Act of 1919 au passed the application of all enactments passed br the Indian legio lature and the local legislature ras barred in these two places as well as other tracts known as de-regalationize territories the District of Angal the Pargana of Spiti and the Hill District of Arakan b Nesulat ons made under the Corern incnt of India Act 1870 (13 vict 3) and unless an enact. ment is expressed! Ir special mention in its extent claus to extend to ans of the territories it will not apple proprio sigore thereto (fer Botas Baluchistan Lin Regulation 1013 ? the Sonthal Targanas Sttlement Regulation 19.. 3 tlo ·Statutory Drafting. 101 3 It extends to the whole of British India, and applies also to all Christian subjects of His Majesty in India (C/ Act XV of 1872 ) 4 lt extends to the whole of British India, including British Baluchistan and the Sonthal Parganas, and applies also (a) to every Indran subject of His Majesty in any place without and beyond British India, (b) to every other Bratish subject wrthin the territories of any Prince or Chief in India in alliance with His Majesty, (c) to every semant of His Majesty, whether a British subject or not within the territories of any such Prince of Chief 5 It extends to the whole of British India, including British Baluchistan and the Sonthal Parganas and applies also, within the dominions of Princes and Chiefs in India an alliance with His Majesty, to British subjects in those dominions who are in the service of the Government of India or of a local authority established 271 s Angul Lhus Regulation 1913 (III of 1913) 3 the Spiti Regulation 1873 (I of 1873) s 14 and the Arakan Hill District Laws Regulation 1916 (I of 1916) S 21 There were certain other for which Regulations under passed deemed Government a power to Regulations I of 1895, VC ? None of these Regulations has been repealed but the position he altered since the passing of the Government of India Act of 1919 By notifications under section 59A (2) of the Government of India Act certain places in British India in cluding those known as de-regulationized territories with the exception of British Baluchistan, hure been declared as "backward tracts and in some of these places the proy181009 of the Government of Inlia Act which confer powers on the Indian legislature and on the local legislature to make laws for British India h the Sonthal PA tho modificatior tories a provisic operation only modifications as the Indian legis Sonthal Parganas it is therefore necessary to make special mention of these territories The other territories mentioned alone lune heen definitely remored from the purTier of the legislature For a complete list of “backward tracts" and the excep. tions and modifientions subject to which the Government of Indır Ict applies to these tracts see notifications under section 521 (3) of the Government of Indus Act printed in then in the pahlıcation "Garernment of India Act aed Nules there unde issued is the Legislatire Department .

·102 Appendix II. in the exercise of the powers of the Governor General in Council in that behalf, and to all other seriants of His Vajesty in those dominions [Cf the Indian Income. tux Act, 1922 (XI of 1922)] 6 It ertends to the u hole of Bntish India, and shall dipply to the Iligh Courts of Indicature at Fort IVillian in Bengal and at Jadras, Bombay, Allahabad, Patna and Rangoon and to such other High Courts within the meaning of clause (24) of section 3 of the General Clauses Act, 1897, as the Governor General in Council may, by notification in the Gazette of India (leclare to be High Courts to which this Act applies [Cf the Indian Bar Councils Act, 1920 (XXXVIII of 1926) ] 7 It extends to the whole of British India Prouded that the Goernor General en Council may, by notification in the Gazette of Indra, direct that this Act or any specified part thereof shall not extend to any specified prouince or to any specified trust or class of trusts (Cf the Charitable and Religious Trusts Act, 1920 (XIV of 1920) ] 8 It extends in the first instance to the Governors' provinces, but the Local Government of any other prorince may, by notification in the local official Gazette, extend it to the province or any specified part or arca thereof [This is not taken from any actual precedent and instances where on Act has only partial extension with power to extend it to other parts of British India 119 The more usual course adopted by the <entral legislature 19 to pass an Act applying to the whole of British India and leaving it to the Governor General in Council or the Local Governient to bring it into force if and when he or it thinks fit See however, 8 1 (3) of Act VIII of 1897 ] 9 Tor 1 peculiar provision which 18 811 generis but mught at any time form 1 useful precedent cf. 2 of the Special Marrs Repeal Act, 1922 (IV of 1922) (Re. pealed by Act VII of 1927) 4 British For general definitions of India" and ** India, see ante, pp 9 and 2? T'or the extra territorial powers of the Indian legislature for antr. p 70 Where an Act simply amends another Act, at nntumally has the same extent as the Act it amends and it is therefore ordinarilr unnecessary to insert clause in the Bill This would be perasain if an all India Act rere amended for the purpose of its applic7. tion тіге in ·Statutory Drafting 203 trou to a part onls of British India but this is a course which the Government of Indın have never themselves adopted and they live «leprecated it when it has been suggested by Local Governments Out-tunding exceptrous are the ons provincial Acts which have amended in their local application the Court-fees Act, 1870 (TII of 1870) and the Indian Stamp Act, 1899, (II of 1899) This however mas necessitated by the division of subjects iuto Central and Provincial 'br the Derolution Rules made unde s 451 (1) of the Government of India Act An Act of the Governor General 1o Council prima facie estends to the whole of British Indın, though not levond but it is usual and consenient to specify the extent explicitly The English practice is to make the extent clause a separate section In India the practice is to throw the hort title the extent clause and the commencement clause of any into a single section divided into thiee sul sections T'or the canons for construing the extent of Arts of l'arlawent see ante p 68 COUVEVCCmryr CI 4USE 1 It [z e, This Act] shall come into force at once Commence This for ni of commencenient clause has been rendered mene obsolete by the enactment of s 5 of the General Clauses Ist 1997 in 4 nu aerei used 2 It shall come into force on [the first day of July, 1929) It shall come into force on such date the vonor General in Council may, by notification in the (11 efte of Indra appoint in this behalf + hrs section and sections [2, 3, 16 and 17] shall one into force at once and the remaining provisions of iles Act shall come into force in any prouince on such date as the local Gozernment may, by notification in the local official Ga ette appoint in this behall [Cf nection 1 (2) of the Bar Councils Act, 1926 (TTTIIIT of 1926) ] À It shall remain in forre only up to the [thirtsfirst dis of December 1932] In I ngland the commencement clause is usualler insented 15 a separate section In India it 19 usually in certed as a sub section in the section which contuns the short title and extent See ·104 Appendix II. See " commencement" defined by 8 3 (12) of the General Clauses Act, 1897, ante, p 14, and see s 5, ante, P 41, for the coming into operation of Acts of the Gov. ernor General in Council REPEALING CLAUSE Repeat The Acts specified in the Schedule are repealed to the extent mentioned in the fourth column thereof. THE SCHEDULE Enactments repealed (See section *) Year No Stort tille or subject Extent of repeal. The effect of the repeal on previous transactions 18 dealt with by ss 6 and 7 of the General Clauses Act, 1897, ante, PP 43 and 46 When the Act to be repealed has a short title, the short title should be inserted in column 3 In 1 “Repealing and Amending Act," or, as it is called in England, a Statute Larr Revision Act, a fifth column should be added to the Schedule in the Bill In this should be inserted the reason for each proposed repeal The fifth column is omitted when the Bill 19 passed An exceptionally wide 67ving clause is added to sucli Acts, see eg , Act V of 1897 Ordinarily, tho saying for past transactions imported by 8 6 of the General Clauses Act, 1897, is quite wide enough A repealing clause now invariably finds a place at the end of a Bill, so that the structure of the Act in which it is contained may remain unimpaired when the clause 18 itself repealed Definitions INTERPRETATION CLAUSE In this Act, unless there is anything repugnant in the subject or context,- (1) ["spint") means [ang liquor containing alcohol obtained by distillation] (2) ["all"] includes [n codlıcıl] (3) ["prescribed ") menns (prescribed by rules made under this Act] Host ·Statutory Drafting 105 Alost of the definitions in common use are now conained in & 3 of the General Clauses Act, 1897, ante, pp. 639 and will apply automatically to Acts and Regulations unless expressly excluded A general definition clause should always be guarded or the formula given above, and definitions should never be given unnecessarily, as they may cause embarrassment Definitions are required onlr (1) to avoid tedious periphrases, and (2) to explain terms which are of ambiguous or uncertain meaning There a definition is intended to be exhaustive, the word " means should be used, and when it is intended to be enumerature, the word "includes " should be used It is often useful without defining 1 term to point out that for the purposes of the Act, it includes some sub- Ject matter which otherwise there might be a doubt hout see ante p 24 The espression means und includes " should be avoided as inevitably giving rise to doubts (cf Craics on Statute Lau, 3rd Ed a definition such as that of " district' in s 2 (4) of the Code of Civil Procedure 1908 (V of 1908), is quite in order and this form frequentlı prores very useful is also the form but does not include 13 41 P 190) but 6 means An unnatural meaning should never be put upon a term by definition Suppose in an Act relating to lorses "zt mis desired to apply some of its provisions to hoined cattle The proper course is to say that the pro valons in question shnll, with any necessary modifications appls also to horned cattle and not to say that for the ,purpose of the provisions in question the term " horse meins or includes horned cattle Definitions ahould always be rianged in alphabetical oriler The nlpliabetical order is intelligible to every one while the logical orier may be intelligible only to the dunftsman Crom. CLAUSE DIDNC THE CROWN 1 The prouisions of this Act shall be binding on the Propinion Crosen binding the ? Sectrone [3 and 4] shall be binding on the Croirn As to the power of Acts of the Governor Genernl ja Council to bind the Crown see ante p 17 ind for precadents see - 150 of the Bankruptor Irt, 1883 (46 47 Vict, 52), s 19 of the Indian Tactories Ict, ISSI (IV of 1881) . 17 of the Intentions and Designs let, 1999 (V of ISSS), 8 2 of the Indian Arbitration Act, ·106 Appendix II Act, 1899 (IX of 1899), s 4 of the Indian Merchant Shipping Act (XXI of 1923), and s 33 of the Indian Boilers Act (V of 1923) Cf however, at the sime time 2 of the Land Acquisition (Vines) Act, 1883 (IVIII of 1885), which saves the rights of the Government, and the Crown Grants Act, 1893 (IV of 1895) RUJ E-MAKING CLAUSE 1 (1) The Governor General in Council or Local Government] may mahe rules for the purpose of giring effect to the prozisions of this dit (2) In particular, and without prejudice to the generality of the foregoin! porcer, such rules may prouide for all or any of the folloicing matters namely (a) (b) Power to malo rules (3) All rules made under this Act (or section] shall be published in the Gazette of India (or, local official Gazette, as the case may be], and, on such publication, shall have effect as af enacted in this Act 3 The (Governor General in Council) may, after (or subject to the condition of] prerrous publication, make rules, etc Tor a form grung power to both the Governor General in Council and the Local Gorerament to make rules, see s 19, Act VII of 1929 4 In some enactments, rules are made subject to the approval of the legislature Examples of such pio visions ire s 8 of the Cotton Transport Act III of 1923 and sec_21_(2) of the Indian Imigration Act (VII of 1922) In Englund the enactments conferring tule making powers frequentls require that rules so made are to be lnd befoie Parliament and can be res sell or rescindeil brresolution (See sec 129 of the Go. Ternment of India Act) Provisions to the effect that rules mnde under an Act are to be laid before the legislature and are linble to be Tescinded or modified br à resolution (see res 221 of the Bombı City Vunnipalities Ict 142 (VIII of 192] have been thought to be ultra zures of the local legislature on the ground that the Indian and lorn! legislatures have no power to pass resolutions binding on the estrutus Whatever the merits of thus conten toon mı? he (the question has not yet come before the Courts) such a provision must lonel to inconvemence in practice and should be nouled if possilile For ·39 are 99 Statutory Drafting. 107 For the effect of the enactment that rules shall have the same effect as if enacted in the Act, see the ruling of the House of Lords in Institute of Patent Agents v. Lockrood, referred to, ante, p 33 Ch 8 4 (J) of the Electricity Act, 1897 (XIII of 1887). This provision 18 often omitted, in nhich case, instead of sub-clause (3) in the illustration abore, the words " by publication in the Gazette of India for local official Gazette] inserted after the word " may in sub-clause (1) It is to be noted that by virtue of the General Clauses Act, 1897, the formule giren above drar after them Tartous consequences, which need not be expressly stated, but which must be espressly negatived, if it is desired to exclude or vary them' By 21, the power to "make" rules includes a power to add to, alter or revoke them By s 20, any definitions given by the Act will be imported into the rules made under it, so that it Js unnecessary to repeat them By s. 23, if the rulemaling power is given subject to the condition of pic. vous publication, all the provisions of that section as to prerious publication thereupon apply. Compare the provisions of the Rules Publication Act, 1893 (56 & 57 Vict S 2 of that Act provides for making interim rules in cases of emergency By s 24 of the General Clauses Act, 1897, if rules have been made under on Act which 24 repealed and re-enacted, they will still continue in force, and, if it is desired to supersede them, that must be done expressly. And by s 25, if the rules provide for the imposition of fines, the provisions of the Indian Penal Code and the Code of Criminal Procedure for the time being in force in relation to fines will apply automatically , c. 66 PROTECTING CLAUSE. No surt, prosecution or other legal proceeding achat- Protoction to socier shall be entertarned in any Court against any officer officers, etc. Çor person] for anything in good faith done or intended to be done in pursuance or execution of this Act. For further examples, see s. 4 of the Epidemic Diseases Act, 1897 (III of 1897), s. 74 of the Indian Forest Act (XVI of 1927), and s. 17 of the Indian Bar Councils Act, XXITIII of 1926. Judicial officers are proterted Tot aict XVIII of 1850. But, where an art gire net or unusual precutive powers, it is often ndrisable to insert an espre protetion to the renons who act under it. To the meaning of " good faith " in Acte pa spil ofter the General Clauses Act, 1897. see r. 3 (20), ante, p 17. C. the provisioty of the Public Lathorities Protection Act, ·108 Appendıx 11. Act, 1893 (56 & 57 Vict, c 61), which regulates suits and proceedings against public officers when such suuts are allowed to be brought Powers of Ant to be cumulativo. SPECIAL SAVING CLAUSE 1 All powers, nights and remedies gilen by this Act shall be in addition to, and not in derogation of, any other powers, mghts and remedies conferred by any Act, law or custom, and all such other powers, rights and remedies may be exercised and put in force in the same manner and by the same authonty as if this Act had not been passed 2 Nothing in this Act shall be in derogation of any pouer otherwise vested in [the Local Government], and the (Local Government] may exercise for the purposes of this Act all powers otherwise vested in it in relation to . low Saving for 3 If the Court before uchom a person is charged with power to proceed an offence punishable under this Act thanks that prounder other ceedings ought to be taken against hem for the offence under any other enactment, the Court may adjourn the case to enable such proceedings to be tahen Saying of civil remedy 4 A proceeding or conviction for any act declared by this Act to be an offence (or punishable by or under this Act] shall not affect any curil remedy to which any person aggrieved by such act may be entitled Saying as to liability 5 Nothing in this act shall legalize any act which for anuanco, would, but for this Act, be a nuisance or be otherwise contrary to laro, or deprize any person of any remedy by suit, prosecution or othericise, io which he would have been entitled if this Act had not been passed Baving. 6 Nothing in this Act shall be deemed to affect- (a) the terms or incidents of any transfer or disposition of property made or effected before the day of (b) the ralıdity, inzalıdıty, effect or consequences of anything already done or suffered before thic aforesaid date, (c) any right, title, obligation or liability already acquired, accrued or incurred before such date, (d) any remedy, or proceciling in respect of such night, tille, obligation or liability, of (e) anything done in the course of any proceeiling pending in any Court on the aforesard late, and ·<< Statutory Drafting. 109 und any such remedy or proceeding may be enforced, instituted or continued, as the case may be, as if this Act had not been passed By: 3 (2) of the General Clauses Act, 1897, act" includes a wrongful omission To a great extent the above forms of savings are declaratory, but it is sometimes convenient to insert them expressly. For further forms of special s?rings, sees 18 of the Merchandise Marks Ict, 1889 (IV of 1889) The ordinary for in repeals bs (ante, p42), a ordinary purpose clause see the Amending Acts, c9, Act V of 1897 Bar OF CIVIL SUITS Examples mentioned under the heading protecting clause' show how officers can be absolved from being sued in Canl Courts in respect of acts done or purporting to be done in the exercise of official duties Special tribunals are at times created, and the jurisdiction of the ordinary Civil Courts to interfere with their decisions 19 excluded either by an express enactment or impliedly BAR Or JURISDICTION OF A CIVIL COURT EXPRESSLY The decision of the tribunal shall be final and no surt shall lie in any Civil Court in respect of the matters decided by the Tribunal (5 45, Delhi University Act VIII of 1922) See also s 67, Act II of 1922, and s 3 (5), Act VIII of 1923 PROTISTO, As To NOTICES All notices and orders under this Act shall be in Form of torting, and ichere any notice, order or document under notices, etc. this Act requires authentication by the [municipal committee] the signature thereat by the secretary to the municipal committee] shall be sufficient authentication. Compare the Public Ilealth (London) Act, 1891 (54 & 55 Vict c76), s 127, and see " writing" defined by $ 3 (58) of the General Clauses Act, 1897, ante, p 39 PROVISto Is To SERVICE (1) any notice, order or other document required of Service of authorized to be sened under this Ict may be serred dotice, na either (a) by deluering it (or a true copy of it] to the per son on chon tl is to be serred, or (b) by ·or 110 Appendix II. (b) by learing, it (or a true copy of rt) at the usual or last 7 noien place of abode of that person, (c) by forwarding it by post in a cover addressed to that person at his usunl or last hnoren place of abode, or (a) of addresscil to the owner or occupier of premises by delurering at Cor a true copy of it) to some person on the premises, or, if there is no person on the premises icho can be so seried, then by firing at [or a truc copy of t] on some conspicuous part of the premises (2) any notice, order or other document by this dct required or anthorized to be serred on the owner or occupier of premises may be addressed by the description of the occupier” of the premises (naming them) ieithout further name or description (3) any notice required or authorized for the purposes of this lct to be served on [the municipal conmittee) shall be deemed to be duly scried if delnered at or sent by post to the office of [the municipal committee] «ldressed to that authority (or to their secretury] Comprre the Public Health (London) Act, 1891 (54 & 25 Vict, c 76), s 128, the Indian Railways Act, 1890 (Il of 1890), ss 139 141, the Land Acquisition Act 1894 (I of 1894), s 45, mud the Cantonments Act, 1924,8 254 For service by post, sees 27 of the General Clauses Act, 1897, ante, P 61 oll ner > > or Power of Commission SPECIAL COMMISSION Il'lcreas a Commission has licen issued by the Governor General in Council whereby (al, B, , D, E, an! F), hercinafter referred to as " the Commissioners,' hare been directed to inquire into and report upon And echereas, for the effectual conduct of the inquiry, at is expedient to confer special porcers upon the Commissioners, It is hereby enacted as follorcs 1 The Commissioners shall have all such rights, porcers and priuileges ats are rested in [the High Court) in relation to any cırıl sunt in respect of the following matters (a) the enforcing the attendance of witnesses and the eramning them on onths, (b) the ·witnesses Statutory Diafting 111 1b) the compelling the production of documents, and (c) the punishment of persons guilty of contempt And « SUMMONs signed by one of the Commissioners may be substituted for, and shall be cquuzalent to, any formal process capable of being issued in any surt for en. forcing the attendance of uitnesses or compelling the production of documents 2 Irrarrant of committal to prison issued for the Committal. purpose of enforcing the youers conferred by this section shall be signed by one of the Commissioners, and shall specify the prison to which the offender is to be committed, and shall not authorize the imprisonment of the offender for a period exceeding [three] months 3 (1) Hay person cramined as a uitness in an in- Indemnity to qury before the Commissioners uho, in the opinion of the Commissioners, males a full and true disclosure touching all the matters in respect of which he is eramined, shall be entitled to recere a certificate signed by the Commissioners for one of them] stating that the uitness has made a full and true disclosure as aforesaid (2) 11 any ciuil or crimmal proceeding is at any time thereafter instituted against any such witness in respect of any matter tonching which he has been so eramined, the Court haiing cognizance of the case shall on proof of the certificate stay the procceiling, and may in it's discretion ward to the urtness such costs as he dy be put to in or by reason of the proceeding (3) Prouded that no cuidence talen under thuis dct shali'be admissilile against any person in any civil or criminal proceeding except in the case of a oitness accused of having giler false ezidence before the Commissioners or any of them Compare the Metropolitan Board Commission Act, 1589 (51 Vict c.), and the Special Commission Act ( 1 & 52 Vict 3) Seelo Ex King Thebar's kt, 189) (1 of 1895) Other clruses may be necessary to provide for vacancies in the Commission or other matters, and the applicability of the sheleton clauses giren alove must be considered in each case Tora precedent of power to appear by recognized agent or jilender, see the Code of Civil l'rocedure 190S (V' of 1909), Schedule I, Order III PES AL CLIESE IT'hocict, in contrarention of the prorisions of this Ordinary coction, shall be prunehaule peaal alsas, with imprisonment for a term schick in ry estend to three ronth.

·conviction, 112 Appendix II. months, or torth fine tohich may extend to one hundred rupees, or toith both Penalty for IVhoeier, haring already been conzicted of an offence subsequent under this section, as again convicted thereunder, shall, on ciery such subsequent conuiction be punishable routh imprisonment for a term which may extend to one year, or auth fine uhich may extend to one thousand rupees, or toith both Compare s 58 (2) of the Indian Post Office Act, 1898 (VI of 1898), and ss 22 and 23 of the Criminal Tribes Act, 1924 (VI of 1924) Penalty for Il'hoerer commits a breach of the provisions of this continding section shall be punishable with fine which may extend breach. to one hundred rupces, and, in the case of a continuing breach, rith fine which, in addition to such fine as aforesard, may extend to fire rupees for every day after the first (or after the date of first coniiction] during which the breach continues (or in regard to which he is proved to hate persisted in the breach] Compare 8 63 of the Thames Navigation Act, 1866- (29 & 30 Virt, c 89), s 86 of the Friendly Societies Act, 1896 (59 & GO Vict c 25), and ss 124 and 283 of the Cantonments Act, 1924 (II of 1924) T'or the construction of provisions penalızıng continuing breaches, see In Te Limbaji Tulsiram (1897), I LR 22 Bom 70G, and Queen-Empress F. TI’illiam Plumner (1897), bid, 841. Esempting clauses EXEMPTING CLAUSES T'or forms of clauses giving power to exempt persons or things from the operation of an Act, see 8 35 of the Court-fees dct, 1870 (VII of 1870), s. 23 of the Sea Customs Act, 1878 (VIII of 1878), s 5 of the Indian Iucome tix Act, 1896 (II of 1886), 9 9 of the Indian Stamp Act, 1899 (II of 1899), 8 21 of the Indian Petroleum Act, 1899 (VIII of 1899), s 18 of the Indian Lighthouse Act, 1927 (XVII of 1927), and 8 20 of the Indelian Insurance Companies Act, 1928 (II of 1928) Schednice SciteDUI ES For the ordinary form of schedule of repeals, see ante, P 104 A schedule is an integral part of an Act see unte, p 33, and its use is a mere matter of conse- Jlatters of principle should not be included in a schedule, »luch ought to be confined to matters of detul, such as forins, catalogues, tables of fees or rates and simular matters See, for crumple, the schedules to the Code of Criminal l'rocedure, 1898 (act of 1898), and nience ·Statutory Drafting. 113 and the Workmen's Compensation Act, 1923 (VIII of 1923) Compare, however, the First Schedule to the Code of Civil Procedure, 1908 (V of 1908) There must, of course, be a substantive clause in the Bill referring to the schedule STATUTORY NOTIFICATIOY I The following draft of certain rules, which it is Notification proposed to make in exercise of the powers conferred by publishing for sub sectiou (1) of section 191 of the Indian Merchant opticism poles which reqnire Shipping Act, 1923 (XXI of 1923), 18 published, as * previous required by sub section (1) of the said section, for the publication". information of all persons likely to be affected thereby, eral Clatuses and notice is hereby given that the draft will be taken Act 1897 (x into consideration be the Governor General in Council of 1897) s 23 on or after the 1st January, 1929 Any objection or suggestion which may be received from any person with respect to the draft before the said date will be considered by the Governor General in Council DRAFT RULES " II In exercise of the powers conferred by section 6 Notification of the Cotton Industry (Statistics) Act 1926 (XX of making rules 1926) the Governor General in Council is pleased to make under an Act. the following rules 1 These Rules may be called the Cotton Industry (Statistics) Rules, 1926 * cations III In exercise of the powers conferied by sections natification 5 and 5A of the Scheduled Districts Act 1874 (XIV of extending an 1874), as in force in the largana of Manpur the Chief enactment with modus Commissioner is pleased to extend the United Provinces Town Arens Act 1914 (U P Act II of 1914)" to the said Pargana, subject to any amendments to which the said Act is for the time being subject in the territories to which at generally applies and subject also to the following modifications namels- IT In exercise of the powers conferred br the Indian Motifcation (Toreign Turisdiction) Order in Council 1902 ind of all under the other poners enabling him in that behalf and to provide (Foreira Jarze for the administration of the Administered Irens in the sdiction) Hyderabad State namels the Cantonments of Secunder (inder la Coapal 1802 bod and Aurangabad the Trderabad Residency Bazurs and the lands in the Irderabad Stite occupied br Ilis Fralted ·114 Appendix 11 Esalted Highne s the Nizam s Guaranteed State Rail way system, by the South Last main line of the Grent Inden leninsula Rulwat, by the broad gauge North Tl est line of the Jadras and Southern Maratha Rulwn. by the Secunderabad Gadwl and Gadral Hyderabad I loutier near the Kurnool sections of the Secunderabad Gidng Rulway ind by the Kazipet Balha shah Railmay (hereinafter styled the. Raila aj lands ), the Gover. nor General in Council is pleased in supersession of the notification of the Government of Indn in the l oreign Department no JS2 I B, datel the 22nd Much 1913 and of all notifications amending the same to apply the enactments specified in the first column of the schedule Lereto annesed to such of the sud Administered Arens 18 are specified in the second column thereof in so far as the same may be applicable thereto and subject to nny amendments to thich the enactments are for the time being subject in British India Provided, first that in the enactmente so applied (except where the context or the modifications hereinafter referred to othertrise require) references to a local Go vernment or the Chief Controlling Revenue Authouts shall be read as referring to the Resulent at Hyderabad references to a Secretary to 2 Local Government as refer ing to the Secretary to the Resident at Hyderabad refer ences to 2 IIigh Court is neferiing to the Court of the Resident at IIy derby] and references to Briti h Indin or to a province or to the territories subject to or adminis tered by a Local Government as referring to the Adminis tered Area or Area, to which the enactment wherein the espression occurs has l een applied Provided secondly that the further modifications and restuctions set forth in the said shedule hall be made in the enactments as 80 applieel l'rouded thirdlr that for the purpo es of facilitating the application of the said enactments any Court in any n1e1 to wluch the same mas have leen applied mis con true the provins thertof and on a tafititions, or lers, zule ft rms or by e lire there under with site he uteriti ne 20t aftecting the substance is ma la necessary or proper to adapt them to the matter before the Court l'rovided fourthis, that sulject to the įrovisions of this notificntion the Resulent at Ilidernt id mas direct Is that officer anr inthority or power under the sud enactments shall le cserosal le 1'rouded fifthit that all civil and rinnal and other frot edings pending at the dnte of the notification h1911 , bot ·Statutory Drafting. 115 but that, sive as aforesaid, all proceedings commenced, officers appointed or authorized, jurisdictions or poners conferred or confirmed, notifications published, rules or bye laws mude, orders passed and things done under any of the enactments specified in the notifications hereby superseded in the sud Adnuinistered Areas shall be, as far as may be, deemed to have been respectively commenced, appointed on authorized conferred or confirmed, published, made, passed and done, under the correspond ing enactments specified in this notification V In exercise of the powers conferred by sub section Notification (1) of section 1 of the Cantonments Act, 1921 (II of 1924) by a Local and with the previous sanction of the Governor General with the pro in Council, the Governor of Buime in Council is pleased vious sang to declare lis intention to exclude from the Rangoon tuon of the Cantonment the aier specified in the schedule hereto General in annexed Council

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·INDEX, 6 7 33 28 90 77 74 61 (The references are to pages) A Abet defined Act (thing done) defined Actsof Goverpor General in Council earlier, to which definitions of the General Clauses Act, 1897 apply. includes an Act of tho Indian legislature and an Act made by the Governor General 89 well as an Ordinance mcgol the term "Part" with reference to notes on drafting of of Indemnats power to bind the Crown presumption as to its being known to Parliament re-extension of, after withdrawal, to be deemed re-enactment in certain cases of local legislature extent of powers of General Clauses Act not to apply history of ultra tires, confirmation of of Parliament, 28 applicable to India citation of Indian legislative poners derived from then they bind the Crown See Parliament Acts of Indemnityform of and not on Idendefined included in British India Admiralty Cruce- Set Colonial Courts of Admiraltr (!edia) Ac: 181. Admiralty Court- See Colonial Courts of Admiraltr Indis) Act, 1391 Affidavitdi finest Imending Ictforinef in Indi3 SO 87 89 96 es -70 100 77 77 98 12 10 7 ·118 Index. 100 41 . Angola application of Acts to Appointment made under repenled enactments to continue when enactment re-enacted poner to makeby namo or et officio includes power to suspend or dismiss Arakan Hill District application of Acts to Assam Act defined 65 65 100 8 Assent copysigned by Governor General constitutos authentic text of Act 41 8 6 3 9 71 100 B Barrister defined Bengal Actdefined Bengal Code Regulations of Bilar and Ories Act defined Bombay Act defined Bombay Coda Regulations of British Baluchistan application of Acts to British IslandsdcGned British India defined newly acquired territory 18, restriction of Acts applicable to ordinarily includes territorial waters British prosses 31on define] Dritish territorymode of session of Burma Act dehned Dye-lawconstruction of expresions used in effect of pull cation in Gazetto in draft gado between passing and commencement Inactmint 14 9 10 11 12 . 10 . 12 18 60 09 69 ·Indez 119 Brelats--contd made under enactment repealed to continge when ezactraent reenacted power to male includes poner to amend or rescind provisions applicable, ben subject to prerions publication 81 68 69 C Ceded territory 88 in Indian States, legislation for Central Provinces Act defined J3 Dession- 11 always a question of fact mode of 10 Chapter defined Chief Commissionershiplist of 23 Chief Court 20 included in the definition of High Court Ontation 64 of enactments 84 how construed Clause 95 distinguished from section 1CO-112 forms of 10 draft ng 89 meaning of + term Code of Criminal Procedure 1898 application of provisions re lesy of Enes to all ines 62 imposed under any enactment rule or bye-law Codicii 38 included in the term " Will ” Collector 19 defined known as Deputy Commissioner in non Regulation 13 Province Colonial Courts of Admiralty (India) Act 1891– Section 3 of te admiralty courts anal 1 miralty 40 causes quoted acquired by conguest or cession legislatire power TO Ovor 13 14 definition of and discussion on the terni Commencement 103 forms of clauses relating to 103 English distinguished of Act-- Ieanin of of the Governor Gener 1 in Council of Regulation 41 ules for determining Colopy- ·120 Index. Commissioner meaning of 14 Confirmationof Acts ultra oires 96 Consolidationof Acts, notes on Je examples 96 Consulur officer defined stalas of 14 Constructiongrbcral rules regardingcommencement of Acts, etc 41 commencement, termination of time 47 computation of time 43 duty taken pro rata 50 effect of repea 42 gender and number 50 references to repealed enactments 47 rovival of repealed enactment, 46 rules as to fractions of a day. 49 when Act deemed to bind Crown 77 of enartments previous to General Clauses Act, 1897 unaffected 65 of expressiong uscd in Notifications Rules, Order, Schemo form or by c-law 69 retrospectire, of enactments and rules Consular officer--- definition of ** Content -- Scope of the expression 6 Corporationssucressors of, application of lay to 57 Customs dutsto be taken pro Tata 60 Crownconstruction of references to, in Icts and Regulations form of clause binding 105 jurisdiction in Indian States 36 legislature not determined by the demise of 51 not bound by statute unless espressls or loy acces. 8765 implication named therein 77 prerogating of 62-51 Crown Colon analog of Non Regulation provinces with SL Cunnlatire porer form of cla 1330 giring Cyprus statcs of 1 . 103 D Delinitions a plication of tn Acts and regalations prerions to the General Clausen Act, 1937 As giren in the General Claores Act 1977: *I ·Index 121 101 39 105 56 13 65 49 33 100 Definitions--contd form of clause, in drafting list of, as having retrospective effect use of in drafting Deputyin officiating capacity mode of indicating the law applicable to as such Deputy Commissioner Collector known as in Non Regulation Provinces Dismissal, power of included in the power to make appointment Distance measurement in a straight line De regulntionized tract nature of treatment of in extent clauses of Act Discretionary powerclauses gang form of District Judge defined District Board local authority Dutyimposition of in drafting penal clauses incomplete without the corresponding sanction Fnglish practice distinguished See also customs duty, excise duty Document defined seinace of 13 post meaning of Drifting- See Statutory Drafting 02 14 23 93 93 93 15 61 Lastern Ringnl and Assim Actdefined 16 Enrcting for rula (Indian legislation) (rresponding English formula 100 Enactmentconstruction of rules regarding 41-56 defined 16 different classes of, in India 67 enacting formula 100 method of citation of offenccs punishablo under more than one 1 rorisions re making of rules bye-laws etc between the making and commencement of 69 Escise Dutyto be taken pro rata 50 Executivo Orders legislation by S4 * 2 147938 ·122 Index. 112 112 65 55 Exempting Claudesexample of forms of " Ex officio "- provisions regarding power to appoint as . "Expressly "- construction of the teren Extent clause form of and note on. special mention in, reguired in case of certain den regulationized territories Extra territorial powers of Acts of the Indian legislature of Acts of Parliament. of Covernor General in Council. 100 100 75 69 86 16 16 02 30 F Father defined Financial year defined Fines--- provisions for recovery of Finger-impressions relation with handwriting I'oreign Jurisdiction Order in Council form of Notification under resort to, for purposes of legislation Fornis See Notifications, Statutory Drafting-Specimen forms Fractiona of a dayrules as to Traud meaning of Tunctionaries zules as to 113 86 19 18 $8 . BS pomer to appoint by namo includes power to Brpoint er officio porer to appoint inclades power to sospend or dismiss saccessors of, bound by the same relation of law, . 86 80 G Gazelto publication of Acts in no statutory obligation, pullication of rule of lielar in, effect of 09 ·Inder 123 50 5 5 3, 87 05 6 6-41 39-41 Genderrules of construction as to General Clauses Act 1897— application of to Statutory rules certain sections of applicable to Acts of local legislatures objects and history of previous enactments saved from the provisions of some provisions apply to earlier Acts General definitionsapplicable to future Acts with retrospect ve effect Good Faith defined and d scussed Governmentder ned Government of India defined Ilbert & Parliamentary Tegislation in India referred to for historical survey of Governor General- Acts made by application of the General Clauses Act to Governor General in Council Acts of leg slation by for territories in Ind an State, 17 19 19 20 66 73 BO 89 Headingsutil ty of as a drafting device High Court defined 1 1story and jurisdiction of chartered includes Chief Court and Jadicial Commissioner's Court ros tion of local leg slatores as to affecting jurisdic tion of 20 20 20 I Illustrat ontin Acts noto on In morable Property defined 21 ·124 Index. 103 24 98 06 22 87-113 66 71-77 70 77 77 70-77 7475 «Includes "- distinguished from " means" meaning and scope of . Indemnity- Acts of to wittesses Indiadefined Indian legislationnote on drafting Indian legislature application of General Clauses Act, 1897, to Acts of evolution and growth of, reviewed power of to affect the jurisdiction of High Courts to bind the crown, discussed wholly derived from Parliament restrictions on law-making power territorial and extra territorial powers of Indian Penal Code definition of "abet", generalised "public nuisance" generalised provisions re levy of fines to apply genorally to all fines imposed under any enactment, rule or byelaw Indian (Foreign Jurisdiction) Order in Council 1902 making of laws under, by Governor General in Council Indian Presidency towns Act, 1815 (55 Geo 3, c 81) referred to as to Presidency-towns and hrstory of the jurisdiction of old Supreme Courts Indian Waterfiscal and protectire measures for Intorpretation Act 1890 (52 it 63 Viet , c 03) notes on Indion Statute Book- See Statuto Dook. " It shall be lawful"- meaning of the expression as a drafting device 30 62 66 30 21 02 . J Judge See District Judge Jadical Commissioner coart of, incladed in the definition of High Court. L Language-- As uscit in legislation. 3 01 for Dritish India (ree Indian Statuto Book) Stato territory 8 ·fuu. Lau 4 33, 84 93 75 86 71-77 67 85-86 39 Lars Local Extent Act, 1874 compared with Scheduled Districts Act, 1874. Legislationby executive Orders for Non-Regulation Provinces by reference extra territorial for State territory historical resume of various classes of, as embodied in the Indian Statute Book Legislative Departmentcertain publications issued by . Lithography included in writing" Local Authority, defined Local Codes publication of Local Governmentconstruction of references to, in earlier enactments after the constitution of corresponding net authority by the Government of India Act 1919 defined sanction of Governor General in Council list of Locul legislaturespowers of and restrictions thereon 23 85 65 23 form of Notification by, with previous 115 23 80-81 24 71 24 placed 12 M ladras Act defined Mndras Code Regulations of Magistrate defined Balacca removed from British India and placed under Colonial office Varginal notesnot an integral part of Act. use of, in drafting sections "Mark - included in BIgD Masculine Fordsinclude feminine Master (of Ship) defined « AT "- distinguished from "sball" effect of the word Menny" distinguished from includes 03 83 35 30 25 93 91 103 ·126 Index. 25 "Month ".- dofined Morable propertydefined Municipal Committee a local authonty. 26 23 18 18 18 84 84 84 86 27 N Negligencecivil effects of defined theory and history of Holmes on the Common Lar referred to Non-Regulation Provincesanalogy with Crown Colonies legislation for, by executive orders meaning of territories known as North Western Provinces and Oudh Actdefined Notices draft clauses as to Notificationscontinuation of, when repealed enactment roenacted power to make includes power to amend or rescind statutory, forms of under Acts and Regulations construction of espres. nons used in Nouns use of, preferred to pronouns in statatory drafting . Number construction of singular and plural words. 1 09 81 88 113 68 91 50 27 27 27 63 Oath - doned Objects and Reasons statement of, in legislation Odence defined prorition as regards punishment of, when falling onder two or moro canctments Omission when included in act. Order power to make includes poter to amend or rescind. onder Acts and Negulations construction of mypres. pions nel in Orien in Council a la force in Jadis 7 59 58 70 ·Index. 127 70 86 Orders in Council-contd distinguished from Statutory Rules. relating to India Ordinance included in the meaning of Act promulgation of, and Secretary of State's Despatch relating to . 8, 66 79-80 70 R5 89-70 68 88 4, 77 28 13 23 23 P Parliament- Acts of, applied to India by Indian legislation Acts of, relating to India, published by the Legislative Department of the Government of India application of Acts of, to Presidency-towns and Rangoon classes of Acts of, applicable to India canons of construction for determining the extraterritorial operation of Act of Indian legislative powers derived from Partmeaning of, with reference to the Act or Regulation in which the term occurg Penal Clause- See Statutory Drafting Perim included in Aden Persondefined Lord Blackburn on the meaning of the expression. Personal Propertycompared with movable property Petition of Nightdoes not lie in India Photography included in "writing" Plural Wordsinclude singular Political Agentdefined does not include British Trade Agent in Tibet :: Port Commissionersbody of, a local authority. Post form of clause as to sertite of document by meaning of service of document br. Power conferred lor ist not yet in force, provision re ererciso of conferred by Ict or Regulation to be time to time to appoint functionaries by name ine! appoint ex officio Preamble forms of, and note on. 26 64 39 50 23 23 23 110 ·128 Index. 70 29 59 12 39 30 30 20 71 Presidency townsapplication of Acts of Parliament to. defined Prerious publicationof rules and orders. Prince of Wales' Island removed from British India and placed under Colonial office Printingincluded in "writing" Privy Councildefined judicial Committee of . Procedure law relating to, on the repeal of former lary. Propertymeaning of, discussed Proclamationsapplying to India Prosecution for offence falling under two or more enactments. Protecting clause form of Punishment for offence falling under two or more enactments provision for, in drafting penal clauses in Indian legislation Protection (to officers) - form of clause affording indemnity for past acts Province defined Provincial legislature- See Local legislature Proviso use of, in drafting Public nuisance defined Punjab Act defined 63 101 *C3 93 107 96 30 90 30 31 R co Rangoon- Application of Acts of Parliament to. Real Property compared with immorable property Recoveryof fines, general protisions for 21 CA ·Index 129 61 61 47 93 31 71 40 79 31 2 79 61 74 Re-enactment effect of on rules, not fications etc, 159ued under enactment repealed re-extension after withdrawal of Act or Regulation to be deemed as reference to repealed provisions on in certain cases Reference construct on of to repealed enactment legislat on by Registered defined Regulating ict express leg slatıre power first conferred by Regulationappl cation of General Cluses Act to defined extens on of to d fferent provinces has no terr torial restrict on presumpt on that they are known to Parlament re-extens on of after withdrawal to be deemed as re-enactment term for the first time confined to regulations made under 33 act 3 under Bengal Madras aud Bombay Codes the enrl est extant Indian legislat on under 33 Tict c 3 objects and procedure discussed Repealeffect of form of clause relating to Repeal ng ind An enging Act notes on Retrospect re effect of law d scussed Rorivalof repealed enactments Royal Prerogat reenumeiated law relating to Halsbury a Laus of England referred to Royal Proclamationsapplying to Ind a Rule construct on of defined See Statutory Rules Rules Publ cat on Act 1893 (56 and 5* Vict € 68) referred to re the defiait on of rules and bre-lars 71 78-80 18_ 42 104 97 40 52 5 04 71 32 92 39 S funct onin penal cla ses See Duty Satingin pled in repen! of enictn ente Ti les he made precious to Cener 1 Clases Act 1907 43 5 ·130 Index, 105 32, 33 33 33 83, 34 34 Saving-contd. forms of Special Saving Clause Schedule defined, and note on Maxwell and Lord Esher on the construction of Scheduled Districtsdefined Scheduled Districts Act, 1874– objects discussed Sectiondefined discussion te its history and construction as a drafting device distinguished from "clause" drafting of marginal note to Sentence in drafting Bill Service by post, of document. « Shall"- distinguished from "Bay" Shipdefined master of, defined Sliort titles citation of enactments by collective titles, when relating to the same subject matter English practice of giving . Indian Acts conferring 34, 35 35 89, 00 90 90 64 92 35 25 84 06 65 65 “Sign"- 85 12. 37 101 defined Singapore removed from British India and placed under Colonial Office Sondefined Sonthal Parganas application of Acts to . Sovereignconstruction of references to, is Regulations See Crown Special Commissionform of Bill creating. Special savingsforms of Specimen forms See Statutory Drafting. Acts and 51 110 104 ·Index. 131 101 97 22 86 86 67489 97 97 Spiti, Pargana ofapplication of Acts to Statement of Objects and Reasons notes on State territory included in [odia legislation for, where jurisdiction ceded State subjects extra-territorial legislation for Statute Booh (British India), composition of Statute Lapublication of Statute Law Revision Act, known as Repealing and Amending Act in Indian legislation notes on Statutory Draftige rules regardingarrangement of sections arrangement of the subject inatter consolidation division into parts drafting of Amending Acts . framing of sentences illustrations in the Act imposition of duty and penalty language to be adopted legislation by reference marginal notes to sections objects and reasons, statement of preliminary work-- points for consideration in & proposed measure procedure in case of doubtful construction provisos to section * Shall" and "May", use of scope and purpose of . specimen forms for bar of civil suit bar of jurisdiction of a Civil Court expressly : bill creating Special Commission. committal indemnity to witness power of Commission clause binding the Crown commencement clause enneting formula exempting clauses extent clause interpretation clause so 88 94 89 94 90 98 93 91 95 89 07 88 R$ 90 92 87 108 100 110 111 111 110 105 103 100 112 100 10+ .

·132 Index 109 113 99 111 111 7 112 112 107 104 106 112 110 100 109 108 108 108 108 98 Statutory Drafting-contd specimen forms for-contd notice Notification preambles penal cl nuses ordinary penal clause penalty for continuing breach penalty for silisegi er t couriction protecting clause repenling clause Rule mal ing clause Schedule service of notice order or other document short title special saving claucescumulatuse power of Act power to proceed under other lav saving clause--general saying of civil remedy saving of liability for nuisance titles of bills Statutory Notification- See Notification Statutory Rules Orders Bye laws etc - appl cation of General Clauses Act for purposes of interpretation collection of construction with Act continuation of under new Act courts bound to tako judicial notice of English as ir force in India first Act living power to make forı 19 of power to make implied power to vary or rescind mabing after revious publication made under I'nglish Acts mahing between pass ng and commencement of Act repealed with te repeal of power under which made skeleton forms of draft rules tests of validity of whetler Courts mas question validity of Straits Settlements, removel from British Inds and placed under Colonial Off' ce Sul ordinates corered by provision as to chiefs re lam applicable to as such Sub-sectiondefined Sice sota of functionaries and corporations relation of lax boy judicated 5 85 8 61 41 71 83 113 58 59 82 89 46 113 83 82 12 50 37 67 ·Index. 133 85 23 Suspensionpower of, included in the power to inake appointment Suzerainty, Holland's Jurisprudence referred to mere exercise of jurisdiction does not amount to exercise of "Swear detbed Synonyms-- use of, not justified in statutory drafting 11 37 91 99 100 T Titles of Actsforms of and note on short titles Territorial powersof the Indian legislature Territorial Waters legislation for of Britisli India Time-- cominencement and termination of computation of Tributary Malals (of Orisse) not included in British India 76 11 48 10 33 U United I'rovinces Act defined Unrepealed General Ictsner edition of Ultra Tireconfirmation of Acts hich are SJ 82, OG V Valus as defined in the Act of 1997 Veseldefined 49 22 W defined in Fnglish last Writing defined 83 3. 39 Y Sear menning of 83 IPC-L-1201-15-5-30-70

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