EnglishFrenchPortugueseRussianUrdu

General Clauses’ Act, 1897

Preamble

 

    Table of Contents

 

Sections

Contents

 

 

Preliminary

 

1.

Short title

 

2.

 [Repealed]

 

 

 

General Definitions

 

3.

Definitions –

 

4.

Application of foregoing definitions to previous enactments

 

4-A

 Application of certain definitions to all Pakistan laws

 

 

 

General Rules of Construction

 

5.

Coming into operation of enactments 

 

5-A.

 [Omitted]

 

6.

Effect of repeal

 

6-A.

Repeal of Act making textual amendment in Act or Regulation

 

7.

Revival of repealed enactments

 

8.

Construction of references to repealed enactments

 

9.

Commencement and termination of time

 

10.

Computation of time

 

11.

Measurement of distances

 

12.

Duty to be taken pro rata in enactments

 

13.

Gender and number

 

13-A

 [Omitted]

 

 

 

Powers and Functionaries

 

14.

Powers conferred to be exercisable from time to time

 

15.

Power to appoint to include power to appoint ex officio

 

16.

Power to appoint to include power to suspend or dismiss

 

17.

Substitution of functionaries

 

18.

Successors

 

19.

Official chiefs and subordinates

 

 

 

Provisions as to Orders, Rules, etc., made under Enactments

 

20.

Construction of order, etc., issued under enactments

 

21.

Power to make, to include power to add to amend, vary or rescind, orders, rules or bye-laws

 

22.

Making of rules or bye-laws and issuing of orders between passing and commencement of enactment

 

23.

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

 

24.

Continuation, of orders, etc., issued under enactments repealed and re-enactment

 

 

 

Miscellaneous

 

25.

Recovery of fines

 

26.

Provision as to offences punishable under two or more enactments

 

27.

Meaning of service by post

 

28.

Citation of enactments

 

29.

Saving for previous enactments, rules and bye-laws

 

30.

Application of Act to Ordinances

 

31.

Application of Act to Orders made by the President

 

 

 

THE SCHEDULE.

[Repealed]

 

 

Preamble

 

The General Clauses Act, 1897


(X of 1897)


11th March, 1897


An Act to consolidate

and extend the General Clauses Acts, 1868 and 1887.

 

Preamble: Whereas it is expedient to consolidate and extend the General Clauses Acts, 1868 (I of 1868) and 1887 (I of 1887);

 

It is hereby enacted as follows:—

 

1. Short title 


PRELIMINARY

 

1.         Short title: (1) This Act may be called the General Clauses Act, 1897.

(2)        [Rep. by the Repealing and Amending Act, 1914 (1 of 1914), Section 3 and Sch. II].

 

2. [Repeal]

 

Rep. by the Repealing and Amending Act, 1903 (I of 1903), Section 4 and Schedule III.

3. Definitions

 

GENERAL DEFINITIONS

 

In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context, –

 

(1)        Abet: Abet; with its grammatical variations and cognate expressions, shall have the same meaning as in the Pakistan Penal Code (Act XLV of 1860).

 

(1-a)     Acceding State: Omitted by the Federal Laws (Revision and Declaration) Ordinance, {XXVII of 1981).

 

(2)        Act: Act used with reference to an offence or a civil wrong, shall include a series of Acts, and words which refer to acts done extend also to illegal omissions.

 

(3)        Affidavit: Affidavit shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing.

 

(3-a)     Assam Act: Omitted by the Federal Laws (Revision and Declaration) Ordinance, XXVII of 1981.

 

(3-b)     Bahawalpur: Omitted by the Federal Laws (Revision Declaration) Ordinance, 1981.

 

(3-c)     Balochistan: Balochistan shall mean the territories comprised in the Chief Commissioners Province of Balochistan immediately before the fourteenth day of October, 1955.

 

(3-d)     Balochistan States Union: Omitted by the Federal Laws (Revision and Declaration) Ordinance, XXVII of l981.

 

(4)        Barrister: Barrister shall mean a Barrister of England or Ireland, or a member of the faculty of Advocates in Scotland.

 

(5)        Bengal Act : Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981.

 

(5-a)     Berar, Rep. by the Federal Laws (Revisions & Declaration) Act. 1951.

 

(5-b)     Bihar and Orissa Act, Rep. by the Federal Laws (Revision and Declaration) Act, 1951.

(5-c)     Rep. by Act XXVI of 1951, Section 3 and II Sch.

 

(6)        Bombay Act: Omitted by the Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981.

 

(7)        British-India: British-India shall mean, as respects the period before the commencement of Part III of the Government of India Act, 1935, all territories and places within His Majestys dominions which were for the time being governed by His Majesty through the Governor-General of India or through any Governor or officer subordinate to the Governor-General of India, and as respects any period after that date and before the establishment of the Federation of Pakistan means all territories for the time being comprised within the Governors Provinces and the Chief Commissioners Provinces, except that a reference to British-India in an Indian Law passed or made before the commencement of Part III of the Government of India Act, 1935, shall not include a reference to Berar.

 

(8)        British possession: British possession shall mean any part of Her Majestys dominions exclusive of the United Kingdom, and, where parts of those dominions are under both a central and a local Legislature, all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one British possession.

 

(8-a)     Burmah Act: Rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), Sec. 3 .

 

(8-aa)   Central Act: Central Act shall mean an Act of the Central Legislature, and shall include, except in section 5, an Act made by the Governor-General under Section 67-B of the Government of India Act.

 

(8-ab)   Central Government: Central Government shall-

(a)        in relation to anything done before the commencement of Part III of the Government of India Act, 1935, mean the Governor-General-in-Council or the authority competent at the relevant date to exercise the functions corresponding to those subsequently exercised by the Governor-General;

(b)        in relation to anything done after the commencement of Part III of the said Act, but before the establishment of the Federation of Pakistan, mean, as respects matters with respect to which the Governor-General was by or under the provisions of the said Act then in force required to act in his discretion, the Governor-General and as respects other matters, the Governor-General-in-Council;

(c)        in relation to anything done after the establishment of the Federation of Pakistan but before the twenty-third day of March, 1956, mean the Governor-General, and shall include-

(i)         in relation to functions entrusted under sub-section (1) of Section 124 of the said Act to the Government of a Province, the Provincial Government acting within the scope of the authority given to it under that sub-section; and

(ii)        in relation to the administration before the fourteenth day of October, 1955, of a Chief Commissioners Province, the Chief Commissioner acting within the scope of the authority given to him under sub-section (3) of Section 94 of the said Act; and

(d)        in relation to anything done or to be done, after the twenty-third day of March, 1956 mean the President; and shall include in relation to functions entrusted to the Government of a Province, the Provincial Government acting within the scope of the authority given to it by the President.

 

(8-ac)   Central Legislature: Central Legislature shall mean the Governor-General in Council acting in a legislative capacity under the Government of India Act, 1833, the Government of India Act, 1853, the Indian Councils Acts, 1861 to 1909, or any of those Acts, or the Government of India Act, 1915, the Indian Legislature acting under the Government of India Act, or the Government of India Act, 1935, or the Federal Legislature acting under the Government of India Act, 1935, or the Parliament acting under the Constitution of 1956 or an Act made by the Provincial Legislature established under the Constitution of 1962 as the case may require.

 

(8-b)     Central Provinces Act: Rep. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), Sec. 3

(8-c)     Central Provinces and Berar Act: Rep. by the Federal Laws (Revision & Declaration) Act, 1951.

 

(9)        Chapter: Chapter shall mean a Chapter of the Act or regulation in which the word occurs.

 

(9-a)     Chief Revenue Authority: Chief Revenue Authority shall mean the Board of Revenue of a Province.

 

1[“10     District officer (revenue): shall mean the chief officer incharge of Revenue Administration of a district”; and

 

Legal Amendments

1.         Clause (10) Substituted by General Clauses (amendment) ordinance, 2001. the original Clause (10) was as under:–

(10)      Collector: Collector shall mean the Chief officer-in-charge of the revenue administration of a district and shall include a Deputy Commissioner, of such District.

 

(11)      Colony: Omitted by the Federal Laws (Revision& Declaration) Ordinance, (XXVII of 1981).

 

(12)      Commencement: Commencement used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force.

 

1[(13)] Omitted

Legal Amendments

1.         Clause (13) Omitted by General Clauses (amendment) ordinance, 2001. the Omitted  Clause (13) was as under:–

(13)    Commissioner: Commissioner shall mean the chief officer-in-charge of the revenue administration of a division and shall include an Additional Commissioner of such division. 

 

(13-a)   Constitution: Constitution means the Constitution of the Islamic Republic of Pakistan brought into force on the eighth day of June, 1962.

 

(14)      Consular Officer: Consular officer shall include counsel general, 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.

(14-a)   Omitted by A. 0. 1961, Art. 2 and Sch.

(4-b)     Omitted by A. 0. 1961, Art. 2 and Sch.

(14-c) Omitted by A. 0. 1961, Art. 2 and Sch.

(14-d) Omitted by A. 0. 1961, Art. 2 and Sch.

(14-e) Omitted by A. 0. 1961, Art. 2 and Sch.

(14-f) Omitted by A. 0. 1961, Art. 2 and Sch.

(14-g) Omitted by A. 0. 1961, Art. 2 and Sch.

 

(15)      District Judge: District Judge shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction.

 

(16)      Document: Document shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter.

 

(16-a)   Eastern Bengal and Assam Act: Omitted by the Federal Laws (Revision & Declaration) Ordinance. (XXVII of 1981).

 

(16-b)   East Bengal Act: Omitted by the Federal Laws (Revision & Declaration) Ordinance, (XXVII of 1981).

 

(16-c)   East Pakistan Act: Omitted by the Federal Law (Revision & Declaration) Ordinance, (XXVII of 1981).

 

(17)      Enactment: Enactment shall include a Regulation  as hereinafter defined) and any Regulation of the Bengal,, or Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid.

 

(18)      Father: Father, in the case of any one whose personal law permits adoption, shall include an adoptive father. .

 

(18-a)   Federal Government: Omitted by G. G. 0. 20 of 1947, Sch.

 

(18-b)   Federal Railway Authority: Omitted by G. G. 0. 20 of 1947 Sch.

 

(19)      Financial year: Financial Year means,—

(a)        as respects the period before the first day of April, 1959, the year commencing on the first day of April, and ending on the thirty-first day of March;

(b)        as respects the period from the first day of April, 1959, to the thirtieth day of June, 1959, both days inclusive, that period; and

(c)        thereafter, the year commencing on the first day of July and ending on the thirtieth day of June.

 

(20)      Good faith: A thing shall be deemed to be done in Good faith where it is in fact done honestly, whether it is done negligently or not.

 

(21)      Government: Government or the Government shall include both the Central Government and any Provincial Government.

 

(21-a)   Government contracts: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(21-b)   Government debts: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(21-c)   Government grants: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(21-d)   Government liabilities: Omitted by the Federal Laws (Revision& declaration) Ordinance (XXVII of 1981).

 

(21-e)   Government property : Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(22)      Government securities: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(23)      Rep. by the Repealing and Amending Act, 1919 (18 of 1919), Section 3 .

(24)      High Court: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(25)      Immovable Property: Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth.

 

(26)      Imprisonment: Imprisonment shall mean imprisonment of either description as defined in the Pakistan Penal Code (XLV of 1860).

 

(27)      India; India shall mean,—

(a)       as respects any period before the establishment of the Federation of Pakistan, British-India together with all territories of any Indian ruler then under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian ruler, and the tribal areas; and

(b)       as respects any period of the establishment of the Federation of Pakistan all territories for the time being included in the Dominion of India or the Union or India.

 

(27-a)   Indian Law: Omitted by the Pakistan (Adaptation of Existing Pakistan Laws) Order, 1947, G. G. 0. 20 of 1047.

 

(27-b)   Indian State: Omitted by the Federal Laws (Revision & Declaration) Ordinance. XXWII of 1981.

 

(27-c)   khairpur: Omitted by the Federal Laws (Revisions & Declaration) Ordinance (XXVII of 1981).

 

(27d)    Local Authority: Local authority shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund.

 

(28)      Local Government : Rep. by A. 0., 1937.

 

(30)      Madras Act: Rep. by the Federal Laws (Revision & Declaration) Act, 1951 (26 of 1951), Section 3 and II Sch.

 

(31)      Magistrate: 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.

 

(32)      Master (of a ship): Master, used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the time being control of charge of the ship.

 

(33)      Month: Month shall mean a month reckoned according to the British Calendar.

 

(34)      Movable property: Movable property shall mean property of every description, except immovable property.

 

(34-a)   North-West Frontier: North-West Frontier shall mean the territories comprised in the North-West Frontier Province immediately before the fourteenth day of October, 1955.

 

(34-a)   North-West Frontier Province Act: North-West Frontier Province Act shall mean an Act made by the local Legislature or the Governor of the North-West Frontier Province under the Government of India Act, or by the Provincial Legislature or the Governor of the North-West Frontier Province under the Government of India Act, 1935.

 

(34-a)   North-West Frontier Province Act: Repealed by the Federal Laws (Revision & Declaration) Act, 1951 (26 of 1951), Sec. 3 and II Sch.

 

(36)      Oath: Oath shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing.

 

(37)      Offence: Offence shall mean any Act or omission made punishable by any law for the time being in force.

 

(37-a)   Official Gazette: Official Gazette or Gazette shall mean the Gazette of Pakistan, or, as the case may be, the official Gazette of a Province.

 

(37-b)   Pakistan Law: Pakistan Law shall mean any Act, Ordinance, Regulation, rule, Order, bye-law or any other instrument which has or had the force of law in Pakistan or any part thereof; but does not include an Act of Parliament of the United Kingdom or any Orders in Council, rule or other instrument made thereunder].

 

(38)      Part: Part shall mean a Part of the Act or Regulation in which the word occurs.

 

(39)      Person: Person shall include any company or association or body of individuals, whether incorporated or not.

 

Court Decisions

Person. Persons shall include any company or association of body of individuals whether incorporated or not. Expression ‘person’ includes not only natural person but also a juristic person. Government Department or state is not a person because it is neither a natural person nor an artificial person, nor a legal person. PLJ 2000 Cr.C. (Pesh.) 101.

 

(40)      Political Agent: Political Agent shall,-

(a)       as respects the period before the fourteenth day of October, 1955, mean the principal officer by what ever name called representing the Central Government in an Acceding State or group of Acceding States or in any territory or place in the Tribal Areas or leased areas; and

(b)       as respects the period after the thirteenth day of October, 1955, mean the principal officer by whatever name called (i) representing the Central Government in an Acceding State or () representing the Provincial Government in the Tribal Areas.

 

(41)      Presidency-town: Omitted G. G. 0. 20 of 1947, Sch.

 

(42)      Privy Council: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of l981).

 

(43)      Province: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(43-ai)  Provincial Act: Provincial Act shall mean an Act made by the Governor in Council, or Chief Commissioner-in-Council, Lieutenant-Governor-in-Council, or Chief Commissioner-in-Council of a Province under any of the -Indian Councils Acts or the Government of India Act, 1915 or an Act made by the local Legislature or the Governor of a Province under the Government of India Act, or an Act made by the Provincial Legislature or Governor of a Province under the Government of India, Act, 1935, or an Act made by the Provincial Legislature established or continued under the Constitution of 1956 or an Act may by the Provincial Legislature established under the Constitution of 1962.

 

(43-a)   Provincial Government: Provincial Government-

(a)       as respects anything done after the establishment of the Federation of Pakistan but before the fourteenth day of October, 1955, shall mean in a Governors Province, the Governor and in a Chief Commissioners Province, the Central Government;

(aa)      as respects anything done or to be done after the thirteenth day of October, 1955, shall mean the Governor, and where the administration of any area vested in the Governor-General or vests in the President, the Central Government;

(b)       as respects anything done before the establishment of the Federation of Pakistan, but after the Commencement of Part III of the Government of Indian Act, 1935, shall mean in a Governors Province, the Governor acting or not acting in his discretion, and exercising or not exercising his individual judgment, according to the provision in that behalf made by and under the said Act, and in a Chief Commissioners Province, the Central Government; and

(c)       as respects anything done before the commencement or Part III of the Said Act, shall mean the authority or person authorized at the relevant date to administer executive Government in the Province in question.

 

(44)      Public Nuisance: Public nuisance shall mean a public nuisance as defined in the Pakistan Penal Code (Act XLV of 1860).

 

(44-al)  The Punjab: Omitted by the Federal Laws (Revision & Declaration) Ordinance, (XXVII of 1981).

 

(45)      Registered: Registered used with reference to a document, shall mean registered in a Province under the law for the time being in force for the registration of documents.

 

(46)      Regulation: Regulation shall mean a Regulation made by the Central Government under Government of India Act, 1870, or the Government of India Act, 1915 or the Government of India Act, or under Section 95 or Section 96 of the Government of India Act, 1935 or by the Governor under Article 103 or Article 104 of the Constitution of 1956, or by the President or by the Governor under Article 223 of the Constitution of 1962.

 

(47)      Rule: Rule shall mean a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment.

 

(48)      Schedule: Schedule shall mean a Schedule to the Act or Regulation in which the word occurs.

 

(49)      Scheduled District: Scheduled District shall mean a Scheduled District as defined in the Scheduled District Act, 1874 (XV of 1874).

 

(50)      Section: Section shell mean a section of the Act or Regulation in which the word occurs.

 

(51)      Ship: Ship shall include every description of vessel used in navigation not exclusively propelled by oars.

 

(52)      Sign: Sign with its grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include mark, with its grammatical variations and cognate expressions.

(52-al)  Sind or Sindh: Omitted by the Federal Laws (Revision & Declaration) Ordinance, (XXVII of 1981).

 

(52-a) Sindh Act: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of] 981).

 

(53)      Son: Son in the case of any one whose personal law permits adoption, shall include an adopted son.

 

(53-a)   Special areas: Omitted by A.O., 1964 Art. 2 and Sch.

 

(54)      Sub-section: Sub-section shall mean a sub-section of the section in which the word occurs.

 

(54-a)   Suits by or against Government: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(55)      Swear: Swear with its grammatical variations and cognate expression, shall include affirming and declaring in the case of persons be law allowed to affirm or declare instead of swearing.

 

(55-a)   Tribal Areas: Tribal Areas shall mean the areas in the Province of West Pakistan which, on the thirteenth day of October one thousand nine hundred and fifty-five, were-

(a)       the tribal areas of Balochistan the Punjab and the North-West Frontier; and

(b)       the States of Amb, Chitral, Dir and Swat, and the areas in the Province of East Pakistan known as Chittagong Hill Tract.

 

(56)      Vessel: Vessel shall include any ship or boat or any other description of vessel used in navigation.

 

(56-a)   West Punjab Act Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(56-aa) West Pakistan Act: Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

(57)      Will: Will shall include a codicil and every writing making a voluntary posthumous disposition of property.

 

(58) Writing: Expressions referring to writing shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form; and

 

(59)      Year: Year shall mean a year reckoned according to the British calendar.

 

4. Application of foregoing definitions to previous enactments

 

(1) The definitions in Section 3 of the following words and expressions, that is to say, affidavit, barrister, District Judge, Father, immovable property, imprisonment, Magistrate, month, movable property, oath, person, section, son, swear, will and year apply also, unless there is anything repugnant in the subject or [made after the third day of 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, master, offence, past, public nuisance, registered, schedule, ship sign sub-section and writing apply also, unless there is anything repugnant in the subject or context, to all central acts and regulations made on or after the fourteenth day of January, 1887.

 

4-A. Application of certain definitions to all Pakistan laws

 

 (l) The definitions in Section 3 of the expressions British India Central Act Central Government Central Legislature Chief Revenue Authority gazette High Court India official Gazette Pakistan law and provincial Government apply also, unless there is anything repugnant in the subject or context, to all Pakistan laws.

(2 & 3) Omitted by the Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981.

 

General Definitions


 

    5. Coming into operation of enactments

 

GENERAL RULES OF CONSTRUCTIONS

 

1) Where any Central Act is not expressed to come into operation on any particular day, then it shall come into operation on the day on which it receives the assent,—

(a)       in the case of a Central Act made before the twenty-third day of March, 1956, of the Governor-General; and , .

(b)       in the case of a Central Act made after that date, of the President.

(2)       Omitted by A. 0., 1961 Art .2

(3)       Unless the contrary is expressed, a Central Act or Regulation shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.

 

5-A. Coming into operation of Governor-Generals Act

 

Omitted by the Pakistan (Adaptation of Existing Pakistan Laws) Order, 1947.

 

6. Effect of repeal

 

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

(a)       revive anything not in force or existing at the time at which the repeal takes effect; or

(b)       affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or

(c)       affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d)       affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e)       affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation liability, penalty forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted,, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.

 

6-A. Repeal of Act making textual amendment in Act or Regulation

 

Where any Central Act or Regulation made after the commencement of this Act repeals any enactment by which the text of any Central Act or Regulation was amended by the express omission, insertion or substitution of any matter, then unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal. 

 

7. Revival of repealed enactments

 

(1) In any Central Act or Regulation made after the commencement of this Act, it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose.

(2)       The section applies also to all Central Acts made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

 

8. Construction of references to repealed enactments

 

 (1) Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.

(2)       Omitted by the Federal Laws (Revision & Declaration) Ordinance (XXVII of 1981).

 

9. Commencement and termination of time

 

(1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word from, and, for the purpose of including the last in a series of days or any other period of time, to use the word to

(2)       This section applies also to all Central Acts made after he third day of January, 1868, and to all Regulations made on after the fourteenth day of January, 1887.

 

10. Computation of time

 

(1) Where, by any Central Act or Regulation made after the commencement of this Act, any Act or proceeding is directed or allowed to be done or taken any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the Act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards oh-which the court or office is open:—

Provided that nothing in this section shall apply to any Act or proceeding to which-the Limitation Act, 1908 (IX of 1908)], applies.

(2)       This section applies also to all Central Acts and Regulations made on or after the fourteenth day of January, 1887. 

Court Decisions

Where a court or office was closed on the day when an act was to be performed therein, such act can be performed on the next opening day of the court or office was closed on the day when an act was to be performed therein, such act can be performed on the next opening day of the court or the office—Working hours on target date being 9 a.m. to 12 noon, next day was holiday, on 10.12.1983—Pre-emption money having not been deposited on that date, there was no tender of purchase money—Plaintiff was thus, disentitled to the benefit of S.10 of General clauses Act 1897 as there was no executable decree in his favour on the day when the deposited pre-emption money. PLJ 2004 Lah. 261

 

Provisions enable a person to do what he could have done on holiday, on next working day in other words where period is prescribed for performance of an act in a court or office and that period expires on holiday then act should be considered to have been done within period if that is done on next day on which court or office is open. Principle of S. 4 of Limitation Act is analogous to that of S. 10 of General Clauses Act which is more general in character than former i.e. S. 4 of Limitation Act by using words act and proceedings instead of suit, appeal or application and also word ‘office’ in addition to court. It is general preposition of law that one should not be prejudiced by act of court or may be said by act of office which is beyond control of person.  PLJ 1996 Pesh. 87 – 1995 CLC 1830.

 

11. Measurement of distances

 

In the measurement of any distance, for the purposes of any Central Act or Regulation made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.

 

12. Duty to be taken pro rata in enactments

 

Where, by any enactment now in force or hereafter to be in force, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandize, then a like duty is leviable according to the same rate on any greater or less quantity.

 

  13. Gender and numbe

 

In all Central Acts and Regulations, unless there is anything repugnant in the subject or context,—

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

(2)       words in the singular shall include the plural, and vice versa. 

Court Decisions

Provisions of Muslim Family Laws Ordinance, 1961, Applicability of. Originally both petitioner and reap. No. 1 were Pakistani citizens. Marriage between them was held in Pakistan in accordance with provisions of ordinance 1961, and after three years of marriage only Respondent No. 1 had acquired citizenship of United States. Sub-Section (2) of Section 1 of Muslim Family Laws provides that said ordinance “extends to whole of Pakistan and applies to all Muslim citizens of Pakistan where ever they may be”. By virtue of provisions of S. 13(2) of General Clauses Act, 1897, where under words in a statute in singular shall includes plural and vice versa, expression “citizens” shall include one citizen. Meaning thereby that where even one of party is a muslim citizen of Pakistan, provisions of ordinance would be attracted. This provision does not envisage that ordinance will apply only if both parties more particularly husband, are Muslim citizens of Pakistan on other hand, following aforesaid principle provisions of Muslim Family Laws Ordinance, 1961, could be invoked where even one of party to marriage is a Muslim citizen of Pakistan.  P.L.J.1998 Lah. 250 = 1998MLD85.

 

13-A. References to the Sovereign

 

Omitted by A. 0. 1961, Art. 2 and Sch. (with effect from the 23rd March. 1956).

 

Powers and Functionaries


 

    14. Powers conferred to be exercisable from time to time

 

POWERS AND FUNCTIONARIES

 

 (1) Where, by any Central Act or Regulation made after the commencement of this Act, any power is conferred, then, unless a different intention appears, that powers may be exercised from time to time as occasion requires.

(2)       This section applies also to all Central Acts and Regulations made on or after the fourteenth day of January, 1887.

15. Power to appoint to include power to appoint ex officio

 

Where, by any Central Act or Regulation, a power to appoint any person to fill any office or execute any function is conferred, the, unless it is otherwise expressly 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.

 

16. Power to appoint to include power to suspend or dismiss

 

Where, by any Central Act or Regulation, a power to make any appointment is conferred, then unless a different intention appears, the authority having for the time being power to make the appointment shall also have power to suspend or dismiss any person appointed whether by itself or any other authority in exercise of that power.

Court Decisions

Scope—Authority has power to undo act done by it, but such provision would be subject to relevant laws and rules and would be applicable only in such cases, where under relevant law or rules, a different intention does not appear. 2004 S C M R 158

 

17. Substitution of functionaries

 

In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed.

(2)       This section applies also to all Central Acts made after the third day of January, 1868, and to all Regulations made or after the fourteenth day of January, 1887.

 

18. Successors

 

(1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of indicating the relation 6f a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporation.

(2)       This section applies also to all Central Acts made after the third day of January, 1868, and to all Regulation made on or after the fourteenth day of January, 1887. 

 

19. Official chiefs and subordinates

 

(1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of expressing that a law 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 Central Acts made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

 

Provisions as to Orders, Rules, etc., made under Enactments


 

    20. Construction of orders, etc., issued under enactments

 

PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS

               

 20.      Construction of orders, etc., issued under enactments. Where, by any Central Act or Regulation, a power to issue any notification, order, scheme rule, form or bye-law is conferred the expression used in the notification, order, scheme, rule form or bye-law, if it is made after the commencement of this Act, shall unless there is anything repugnant in the subject or context, have the same respective meanings as in the Act or Regulation conferring the power.

 

20A. Rules and Order, etc., to be published.-All rules, Orders, regulations and circulars having the effect of law made or issued under any enactment shall be published in the Official Gazette.[1]

Court Decisions

 

Publication of rules, orders, regulations and circulars-Effect-All rules, orders regulations and circulars having the effect of law made or issued under any enactment are published under S. 20-A of General Clauses Act, 1897, by the Federal Government in official gazette-provincial governments are expected to follow suit so as to inspire public confidence in the policy division and to promote the system of good governance and transparency. P L D 2004 SC 261

 

21. Power to make, to include power to add to, amend, vary or rescind, order, rules or bye-laws

 

Where, by any Central Act or Regulation, a power to issue notification, orders, rules, or bye-law is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued.

Court Decisions

            Scope—locus poenitentiae not a principle of law that order once passed would become irrevocable, past and closed transaction—Perpetual rights could not be clamed on basis of illegal order—Such order could be rectified, rescinded and altered—Principle of locus poenitentiae thus, would not apply to such case– 2004 C L C 324

 

                Power of rescission or recall of the earlier order is always available to the Authority passing that order. 2004 S C M R 497

Making of Rules or Bye-laws – Governmental executive instructions – Scope – Executive instructions/orders when issued by Authority/State functionary competent to frame/make Rules and if the same were precise, certain and general in nature, such instructions might be treated as having force of statutory rules. P L D 2000 Lah.. 1

PLD 1960 SC 195, The PLD 1965 SC 412 PLD 1965 SC 106, PLD 1970 SC 451: PLD, 1971 SC 846; PLD 1976 Lah. 1487 and PLD 1977 Lah. 549 ref.

 

22. Making of rules or bye-laws and issuing of orders between passing and commencement of enactment

 

Where by Central Act or Regulation which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-law, or to issue orders with respect to the application of the Act pr Regulation, or with respect to the establishment 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 Act or Regulation, then that power may be exercised at any time after the passing of the Act or Regulation; but rules, bye-law or orders so made or issued shall not take effect till the commencement of the Act or Regulation.

 

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

 

Where, by any Central Act or Regulation, a power to make rules or bye-law is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then the following provisions shall apply, namely:-

(1)        the authority having power to make the rules or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby;

(2)        the publication shall be made in such manner as that authority deer deemed to be sufficient or, if the condition to previous publication so requires, in such manner as the Central Government or the Provincial 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 authority having power to make the rules or bye-laws, and where the rules or bye-laws and where rules or bye-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or bye-laws from any person with respect to the draft before the date so specified;

(5)        the publication in the official Gazette of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made.

 

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

 

Where any Central Act or Regulation is, after the commencement of this Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-laws made or issued under the repealed Act or Regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, rule, form or bye-law made or issued under the provisions so re-enacted and when any Central Act or Regulation, which, by a notification under [any law], has been extended to any Local area, has, by a subsequent notification, been withdrawn from and re-extended to such area or any part thereof, the provisions of such Act or Regulation shall be deemed to have been repealed and re-enacted -in such area or part within the meaning of this section.

 

[2]24-A. Exercise of power under enactment

 

(1) Where, by or under any enactment, a power to make any order or give any direction is conferred on any authority, office or person such power shall be exercised reasonably, fairly, justly and for the advancement of the purposes of the enactment.

 

(2) The authority, office or person making any order or issuing any direction under the power conferred by or under any enactment shall, so far as necessary or appropriate, give reason for making the order or, as the case may be, for issuing the direction and shall provide a copy of the order or, as the case may be, the direction to the person affected prejudicially.

25. Recovery of fines

 

MISCELLANEOUS

Sections 63 to 70 of the Pakistan Penal Code (XLV of 1860) and the provisions of the Code of Criminal Procedure 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 contains an express provision to the contrary.

 

26. Provision as to offences punishable under two or more enactments

 

Where an Act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of to see enactments, but shall not be liable to be published twice for the same offence.

 

27. Meaning of service by post

 

Where any Central Act or Regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression serve or either of the expressions give or send or any other expression is used, then unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, 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.

 

28. Citation of enactments

 

(1) In any Central Act or Regulation, and in any rule, bye-law, instrument or document, made under, or with reference to, any such Act or Regulation, any enactment 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 section or sub-section of the enactment in with the provision is contained.

(2)        In this Act and in any Central Act or Regulation made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as form in the beginning and as forming the end of the portion comprised in the description or citation.

 

29. Saving for previous enactments, rules and bye-laws

 

 The provisions of this Act respecting the construction of Acts, Regulations rules or bye-laws made after the commencement of this Act shall not affect the construction of any Act, Regulation, rule or bye-law made before the commencement of this Act, although the Act, Regulation, rule or bye-law is continued or amended by an Act, Regulation, rule or bye-law made after the commencement of this Act.

 

30. Application of Act to Ordinances

 

In this Act the expression Central Act 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 Governor-General under Section 23 of the Indian Councils Act, 1861 or Section 72 of the Government of India Act, 1915 or Section 42 of the Government of India Act, 1935 or an Ordinance made and promulgated by the President on or after the twenty-third day of March, 1956.

 

31. Application of Act to Orders made by the President

 

The provisions of this Act shall apply for the interpretation of any Order made by the President on or after the twenty-third day of March, 1956, as they apply for the interpretation of a Central Act, as if every such Order were a Central Act.

 

THE SCHEDULE.

 

[Enactments Repealed.] Repealed by the Amending Act, 1903 (I of 1903), Section 4 and Schedule.


 


[1] Amendment under Amendment Ordinance, 2002 (XXXIII of 2002).

[2] Section 24-A inserted by General Clauses’ (Amendment) Act, 1997 (XI of 1997).

Print Friendly, PDF & Email