MYSORE GENERAL CLAUSES ACT, 1899
3 of 1899
1ST APRIL, 1985
STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 9 OF 1985] Karnataka Gazette, Extraordinary, dated 1-4-1985 As there is basically no difference between the repeal of a provision of law or the commission or deletion of such provision, during all these years, in all laws expression repeal or omit or delete were being used to repeal a provision of law. The Karnataka High Court has, however, recently taken the view in R. Abdul Azeez v Commissioner of Income-tax, Karnataka-I, reported in (1981)128 ITR 547 (Kar.) that the expression repeal is different from the expression omit or delete. This has led to an anamolous situation which may result in some unintended consequences. In order to resolve the said anamoly it is proposed to specifically include omission and deletion within the ambit of repeal. Opportunity is taken to make a few other formal amendments. Hence the Bill.
An Act for further shortening the language used in [Mysore Acts and Karnataka Acts] and for other purposes. Whereas, it is expedient further to shorten the language used in 2(Mysore Acts and Karnataka Acts] and to make certain other provisions relating to those enactments; Her Highness, the Maharani-Regent is pleased to enact as follows.
Section 1 Short title and commencement
11. Substituted by Act No. X of 1950 [
(1) This Act may be called the Mysore General Clauses Act, 1899.]
(2) It shall come into force at once.
Section 2
22. Section 2 omitted by Act No. 12 of 1953 x x x x x.]
Section 3 Definitions
In this Act, and in all 33. Substituted for the words "Mysore Acts" by the Karnataka Adaptation Laws Order 1973, w.e.f. 1-11-1973 [Mysore Acts and Karnataka Acts] made after the commencement of this Act, unless there is anything repugnant in the subject or context.
(1) "Abet" with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code;
(2) "Act used with reference to an offence or a civil wrong, shall include a series of acts and words which refer to acts done extend also to illegal omissions;
(3) "Affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(4) "Barrister shall mean a barrister of England, or Ireland, or a member of the Faculty of Advocates in Scotland;
44. Clause (5) substituted by Act No. 12 of 1953 (5) "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 Majesty's dominions which were for the time being governed by His Majesty through the Governor-General of India or through any Governor or officer subordinate to the Governor-General of India, and as respects any period after that date and before the date of the establishment of the Dominion of India means all territories for the time being comprised within the Governors' Provinces and the Chief Commissioners' Provinces;]
55. Clauses (5-a) and (5-b) inserted by Act No. 12 of 1953 [(5-a) "Central Act" shall mean an Act of Parliament and shall include.
(a) an Act of the Dominion Legislature or of the Indian Legislature passed before commencement of the Constitution; and
(b) an Act made before such commencement by the Governor General in Council or the Governor-General acting in a legislative capacity;
(5-b) "Central Government shall
(a) in relation to anything done before the commencement of the Constitution, mean the Governor-General or the Governor-General in Council, as the case may be; and shall include.
(i) in relation to functions entrusted under sub-section (1) of Section 124 of the Government of India Act, 1935, to the Government of a Province, the Provincial Government acting within the scope of the authority given to it under that sub-section; and
(ii) in relation to the administration of a Chief Commissioner's
Province, the Chief Commissioner acting within the scope of the authority given to him under sub-section (3) of Section 94 of the said Act; and
(b) in relation to anything done or to be done after the commencement of the Constitution, mean the President; and shall include;
(i) in relation to functions entrusted under clause (1) of Article 258 of the Constitution to the Government of a State, the State Government acting within the scope of the authority given to it under that clause;
[(ii) in relation to the administration of a Part C State before the commencement of the Constitution (Seventh Amendment) Act, 1956] the Chief Commissioner or the Lieutenant-Governor or the Government of a neighbouring State or other authority acting within the scope of the authority given to him or it under Article 239 or Article 243 of the Constitution, as the case may be; 22. Item (iii) inserted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [and
(iii) in relation to the administration of a Union Territory, the Administrator thereof acting within the scope of the authority given to him under Article 239 of the Constitution;]
(6) "Chapter shall mean a Chapter of the Act in which the word occurs;
33. Clause (7) substituted by Act No. 12 of 1953 [(7) "Chief Controlling Revenue Authority or "Chief Revenue Authority" shall mean such authority as the State Government may, by notification in the Official Gazette, appoint;]
44. Clause (7-a) inserted by Act No. 12 of 1953 [(7-a) "City of Bangalore" shall mean such local area as is declared from time to time to be the City of Bangalore under any Act for
(8) "Commencement used with reference to an Act, shall mean the day on which the Act comes into force;
11. Clauses (8-a) and (8-b) inserted by Act No. 12 of 1953 [(8-a) "Constitution" shall mean the Constitution of India;
(8-b) "Consular Officer" shall include Consul-General, Consul, Vice-Consul, Consular Agent, Pro-Consul and any person for the time being authorised to perform the duties of Consul-General, Consul, Vice-Consul or Consular Agent;]
(9) "Deputy Commissioner" shall mean the chief officer in-charge of the revenue administration of a district;
(10) "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction 22. Added by Act No. 12 of 1953 [but shall not include the High Court in the exercise of original civil jurisdiction;]
33. Clause (10-a) inserted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [(10-a) "Divisional Commissioner" shall mean the Divisional Commissioner of a Division appointed under the 44. Substituted for the words and figures "Mysore Land Revenue Code, 1888" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [Karnataka Land Revenue Act, 1964;]
(11) "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;
(12) "Enactment shall include
(a) a 55. Substituted for the word "Act" by Act No. 12 of 1953 [Mysore Act];
66. Sub-clause (a-1) inserted by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [(a-1) a Karnataka Act;]
(b) an Act of the Governor-General of India in Council or of a local Legislature in India, introduced as law into 77. Substituted for the word "Mysore" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [Mysore Area]
(c) a body of Rules (other than rules made in exercise of a power conferred by any Act or by any such Act as aforesaid) prescribed as law in 88. Substituted for the word "Mysore" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [Mysore Area];
11. Items (c-1) to (c-4) inserted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [(c-1) a Bombay Act as defined in clause (5) of Section 3 of the Bombay General Clauses Act, 1904 (Bombay Act I of 1904);
(c-2) a Coorg Act or Regulation as in force in the Coorg District;
(c-3) a Hyderabad law as defined in clause (1-a) of Section 2 of the General Clauses Act, 1308F (Hyderabad Act III of 1308 Fasli);
(c-4) a Madras Act as defined in clause (17-a) of Section 3 of the Madras General Clauses Act, 1891 (Madras Act I of 1891);] and
(d) any provision contained in 22. Substituted for the words "any Act" by Act No. 12 of 1953 [any 33. Substituted for the words "Mysore Act" by the Karnataka Adaptation Laws Order, 1973, w.e.f. 1-11-1973 [Mysore Act or Karnataka Act]] or in any such Act or body of Rules as aforesaid 44. Added by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [or in any Bombay Act, Coorg Act, Hyderabad Law or Madras Act];
(13) "Father in the case of anyone whose personal law permits adoption, shall include an adoptive father;
55. Clause (13-a) inserted by Act No. X of 1950 [(13-a) "Financial Year or "Official Year shall mean the year commencing on the First day of April:
Provided that in respect of the financial or official year of 1949-50, "financial year" or "official year" shall mean the period commencing on the First day of July, 1949 and ending with the Thirty-first day of March, 1950;]
(14) 66. Substituted for certain words by Act No. X of 1950 [Revenue year] shall mean the year commencing on the First day of July;
(15) "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;
77. Clause (16) substituted by Act No. 12 of 1953 [(16) "Government" or "the Government" shall.
(a) in relation to anything done before the commencement of the Constitution, mean the authority or person authorised at the relevant date to administer executive Government in Mysore;
(b) in relation to anything done or to be done after the commencement of the Constitution, include both the Central Government and the State Government;]
88. Clauses (16-a) and (16-b) inserted by Act No. 12 of 1953 [(16-a) "Government securities" shall mean securities of the Central Government or of any State Government, but in any Mysore Act made before the commencement of the Constitution shall not
(16-b) "High Court" used with references to civil proceeding shall mean the highest Civil Court of appeal (not including the Supreme Court) in the 11. Substituted for the words "State of Mysore" by the Mysore Adaptation of Laws Order, 1956 [Mysore area]]
(17) "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;
(18) "Imprisonment shall mean imprisonment of either description as defined in the Indian Penal Code;
22. Clause (18-a) inserted by Act No. 12 of 1953 [(18-a) "India" shall mean.
(a) as respects any period before the establishment of the Dominion of India, British India together with all territories of Indian Rulers then under the suzerainty of His Majesty all territories under the suzerainty of such an Indian Ruler, and the tribal areas;
(b) as respects any period after the establishment of the Dominion of India and before the commencement of the Constitution, all territories for the time being included in that Dominion; and
(c) as respects any period after the commencement of the Constitution, all territories for the time being comprised in the territory of India]
(19) "Judicial proceeding" shall mean any proceeding in the course of which evidence is, or may be legally taken;
33. Clauses (19-a) and (19-b) inserted by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [(19-a) Karnataka Act" shall mean an Act of the Legislature of the State of Karnataka passed under the Constitution after 1st November, 1973 and shall include.
(i) an Act of the Legislature of the State of Mysore passed under the Constitution after 1st November, 1956;
(ii) the Mysore General Clauses Act, 1899 (Mysore Act III of 1899);
(iii) the Mysore High Court Act, 1884 (Mysore Act 1 of 1884);
(19-b) "Karnataka" shall mean all the territories for the time being comprised in the State of Karnataka]
(20) "Local Authority" shall mean a municipal committee, district board 44. Inserted by the Mysore Adaptation of Law Order, 1956, w.e.f. 1-11-1956 [body of Port Commissioners], or other authority legally
(21) "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;
(22) "Month" shall mean a month reckoned according to the British calendar;
(23) "Movable property" shall mean property of every description, except immovable property;
(24) "Mysore" shall mean 11. Substituted for the words "territories of Mysore" by Act No. 12 of 1953 [ 22. Substituted for the words "the territories" by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956. [all the territories] for the time being comprised in the 33. Substituted for the words "State of Mysore" by the Karnataka Adaptation of Laws Order, 1973 w.e.f. 1-11-1973 [State of Mysore before 1st November, 1973]]
44. Clause (24-a) substituted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956. [(24-a) "Mysore Act" shall mean 55. The words and figures "an Act of the Legislature of the State of Mysore under the Constitution after the commencement of the Constitution (Seventh Amendment) Act, 1956 and shall include" omitted by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [x x x x x].
(a) an Act of the Legislature of the State of Mysore passed under the Constitution before the commencement of the Constitution (Seventh Amendment) Act, 1956;
(b) an Act of the Legislature of the State of Mysore passed before the commencement of the Constitution; and
(c) an Act made before the commencement of the Constitution by the Maharaja of Mysore;] 66. Added by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [but does not include the Mysore General Clauses Act, 1899 (Mysore Act III of 1899) and the Mysore High Court Act, 1884 (Mysore Act 1 of 1884)]
77. Clause (24-b) shall be and shall be deemed to have been substituted and inserted by Act No. 9 of 1985, w.e.f. 1-11-1956 [(24-b) "Notification" means a notification published in the Official Gazette]
(25) "Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(26) "Offence" shall mean any act or omission made punishable by any law for the time being in force;
88. Clause (26-a) inserted by Act No. 12 of 1953 [(26-a) "Official Gazette" or Gazette shall mean the Karnataka Gazette]
(27) "Part" shall mean a part of the Act in which the word occurs;
11. Clause (27-a) inserted by Act No. 12 of 1953 [(27-a) "Part A State" shall mean a State for the time beine specified in Part A of the First Schedule to the Constitution, 22. Inserted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [as in force before the commencement of the Constitution (Seventh Amendment) Act, 1956] Tart B State' shall mean a State for the time being specified in Part B of that Schedule and 'Part C State' shall mean a State for the time being specified in Part C of that Schedule or a territory for the time being administered by the President under the provisions of Article 243 of the Constitution]
(28) "Person" shall include any company or association or body of individuals, whether incorporated or not;
(29) "Place" shall include also a house, building, tent and vessel;
33. Clause (29-a) shall be and shall be deemed to have been substituted and inserted by Act No. 9 of 1985, w.e.f. 1-11-1956 [29-a) "Prescribed" means prescribed by rules made under the Act in which the word occurs;]
(30) "Public shall include any class of the public or any community;
(31) "Public nuisance" shall mean a public nuisance as defined in the Indian Penal Code;
44. Clause (32) substituted by Act No. 12 of 1953 [(32) "Registered" used with reference to a document shall.
(a) as respects any period before the First day of April, 1951, mean registered under the law for the time being in force in Mysore for the registration of documents;
(b) as respects any period from the First day of April, 1951, mean registered in 55. Substituted for the words and letters "a Part A State or Part B State or Part C State" by Act No. 12 of 1953 [India] under the law for the time being in force for the registration of documents]
66. Clause (32-a) shall be and shall be deemed to have been inserted by Act No. 9 of 1985, w.e.f. 1-11-1956 [32-a) "Repeal" shall include deletion and omission;]
77. Clause (33) omitted by Act No. 12 of 1953 [(33) x x x x x];
(34) "Rule" shall mean a rule made in exercise of a power conferred by any enactment 88. Added by Act No. 12 of 1953 [and shall include a regulation made as a rule under any enactment]
(35) "Schedule" shall mean a Schedule to the Act in which the word occurs;
(36) "Section" shall mean a section of the Act in which the word occurs;
(37) "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;
(38) "Son" in the case of anyone whose personal law permits adoption, shall include an adopted son;
11. Clauses (38-a), (38-b) and (38-c) inserted by Act No. 12 of 1953 [22. Clause (38-a) substituted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [(38-a) "State".
(a) as respects any period before the commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean a Part 'A' State, a Part 'B' State or a Part 'C State; and
(b) as respects any period after such commencement, shall mean a State specified in the First Schedule to the Constitution and shall include a Union Territory]
(38-b) "State Act" shall mean an Act passed by the Legislature of a State established or continued by the Constitution;
33. Clause (38-c) substituted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [(38-c) "State Government"
(a) as respects anything done after the commencement of the Constitution and before the commencement of the Costitution (Seventh Amendment) Act, 1956, shall mean the 44. Substituted for the word "Rajpramukh" by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [Governor] of the State of Mysore;]
(b) as respects anything done 55. The words "or to be done" omitted by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [x x x x x] after the commencement of the Constitution (Seventh Amendment) Act, 1956, 66. Inserted by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [and before 1st November, 1973] shall mean the 77. Substituted for the word "Rajpramukh" by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [Governor] of the State of Mysore;]
88. Clause (c) inserted by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [(c) as respects anything done or to be done after 1st November, 1973 shall mean the Governor of the State of Karnataka.]
(39) "Sub-section" shall mean a sub-section of the section in which the word occurs;
(40) "Swear" with its grammatical variations and cognate expressions shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing;
11. Substituted for the words "Chief Court" by Act No. XII of 1930 [(40-a) "Union Territory" shall mean any Union Territory specified in the First Schedule to the Constitution and shall include any other territory comprised within the territory of India but not specified in that Schedule;
(40-b) "Vessel" shall include any ship or boat or any other descrption of vessel used in navigation;]
(41) "Will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
(42) "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;
(43) "Year" shall mean a year reckoned according to the British calendar.
22. Section 4-A inserted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [(44) "Bombay Area" means the territory specified in clause (b) of sub-section (1) of Section 7 of the States Re-organisation Act, 1956 (Central Act 37 of 1956);
(45) "Coorg District" means the territory declared as such in subsection (2) of Section 7 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);
(46) "Hyderabad Area" means the territory specified in clause (e) of sub-section (1) of Section 7 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);
(47) "Madras Area" means the territory specified in clause (d) of sub-section (1) of Section 7 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);
(48) "Mysore Area" means the territory specified in clause (a) of sub-section (1) of Section 7 of the States Reorganisation Act, 1956 (Central Act 37 of 1956).]
Section 4 Application of foregoing definitions to previous enactments
The definitions in Section 3 of the following words and expressions, that is to say, "affidavit", "barrister", "British India", 11. Substituted for the words "Chief Court" by Act No. XII of 1930 [High Court], "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 context, to all enactments made after the Third day of January, 1868.
Section 4A Definition of the expressions "State" and "State of Mysore" in certain enactments
22. Section 4-A inserted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 With effect from the First day of November, 1956, 33. Inserted by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [and upto 1st day of November, 1973] in every enactment as denned in clause (12) of Section 3, the expressions "State" and, "State of Mysore" (where those expressions refer to the territory or area), shall, unless the context otherwise requires, mean all the territories for the time being comprised in the State of Mysore.]
Section 4B Definition of expression "State" and "State of Karnataka" in certain enactments
11. Section 4-B inserted by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 With effect from the First day of November, 1973 in every enactment as defined in clause (12) of Section 3, the expressions "State" and "State of Karnataka" where they refer to the territory or area, shall, unless, the context otherwise requires, mean all the territories, for the time being comprised in the State of Karnataka.]
Section 5 Coming into operation of enactments
22. Sub-section (1) substituted by Act No. 12 of 1953. [
(1) 33. Substituted for the words "Where any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [Where any Mysore Act or Karnataka Act] is not expressed to come into operation on a particular day, then.
(i) in the case of a Mysore Act made before the commencement of the Constitution, it shall be deemed to have come into operation on the day on which it received the assent of the Maharaja;
(ii) in the case of a Mysore Act made after the commencement of the Constitution and before the commencement of the Mysore General Clauses (Amendment) Act, 1953, it shall be deemed to have come into operation on the day on which it received the assent of the Rajpramukh or the President, as the case may require;
(iii) in the case of a Mysore Act made after the commencement of the Mysore General Clauses (Amendment) Act, 1953 44. Substituted for the words "it shall come into operation" by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [and before the commencement of the Constitution (Seventh Amendment) Act, 1956 shall be deemed to have come into operation] on the day on which the assent thereto of the Rajpramukh or the President, as the case may require, is first published in the Official Gazette.]
55. Clause (iv) inserted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [(iv) 66. Substituted for the words "in the case of a Mysore Act made after the commencement of the Constitution (Seventh Amendment) Act, 1956" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [in the case of a Karnataka Act], it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the Official Gazette.]
(2) Unless the contrary is expressed, an Act shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.
11. Sub-section (3) added by Act No. 12 of 1953 [(3) In every Act referred to in clause (iii) 22. Inserted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [or clause (iv)] of sub-section (1), the date of publication in the Official Gazette shall be printed either above or below the title of the Act and shall form part of the Act.]
Section 6 Effect of repeal
Where this Act or 33. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] made after the commencement of this Act repeals any enactment hitherto made or hereafter 10 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
(e) 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 had not been passed.
Section 6A Repeal of Act making textual amendment in an Act
11. Section 6-A inserted by Act No. VII of 1949 Where 22. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] made after the commencement of this Act repeals any enactment by which the text of any Act 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.]
Section 7 Revival of repealed enactments
(1) In 33. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] 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) This section applies also to all enactments made after the Third day of january, 1868.
Section 8 Construction of references to repealed enactments
Where this Act, or 44. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] 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.
Section 9 Commencement and termination of time
(1) In 11. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] 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 enactments made after the Third day of January, 1868.
Section 10 Computation of time
Where, by 22. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] 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 dosed on that day or the last day or 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 33. Substituted for the words "Indian Limitation Act, 1877, as amended by Act III of 1896" by Act No. 12 of 1953. [Indian Limitation Act, 1908] applies.
Section 11 Measurement of distances
In the measurement of any distance, for the purposes of 11. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] 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.
Section 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 merchandise, then a like duty is leviable according to the same rate on any greater or less quantity.
Section 13 Gender and number
In all enactments, unless there is anything repugnant in the subject or context.
(1) words importing the masculine gender shall be taken to include females; and
(2) words in the singular shall include the plural, and vice versa.
Section 14 Powers conferred to be exercisable from time to time
Where, by 22. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] made after the commencement of this Act, any power is conferred 33. The words "on the Government" omitted by Act No. 12 of 1953 [x x x x x] then that power may be exercised from time to time as occasion requires.
Section 15 Power to appoint to include power to appoint ex officio
Where, by any enactment, a power to appoint any person, to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office.
Section 16 Power to appoint to include power to suspend or dismiss
Where, by any enactment, a power to make any appointment is conferred, then, unless a different intention appears, the authority having 44. Inserted by Act No. 12 of 1953 [for the time being] power to make the appointment shall also have power to suspend or dismiss any 55. Substituted for the words "person appointed by it" by Act No. 12 of 1953 [person appointed whether by itself or any other authority] in exercise of that power.
Section 17 Substitution of functionaries
(1) In 11. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Art or karnataka Act] 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 enactments made after the Third day of January, 1868.
Section 18 Successors
(1) In 22. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] 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 enactments made after the Third day of January, 1868.
Section 19 Official chiefs and subordinates
(1) In 33. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] 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 enactments made after the Third day of january, 1868.
Provisions as to Orders, Rules, etc., made under Enactments
Section 20 Construction of orders, etc., issued under enactments
Where, by any enactment, a power to issue any 44. Inserted by Act No. 12 of 1953 [notification], order, scheme, rule, form or bye-law is conferred, then expressions used in the 55. Inserted by Act No. 12 of 1953 [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 enactment conferring the power.
Section 21 Power to make to include power to add, to amend, vary or rescind notifications, orders, rules or bye-laws
Where, by any enactment, a power to 11. Substituted for the word "make" by Act No. 12 of 1953 [issue] 22. Inserted by Act No.12 of 1953 [notifications], orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add, to amend, vary or rescind any 33. Inserted by Act No.12 of 1953 [notifications], orders, rules or bye-laws so 44. Substituted for the word "made" by Act No. 12 of 1953 [issued].
Section 22 Making of rules or bye-laws and issuing of orders between passing and commencement of enactment
Where, by any enactment which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to the application of the enactment, 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 the enactment, then that power ,may be exercised at any time after the passing of the enactment; but rules, bye-laws or orders so made or issued shall not take offect till the commencement of the enactment.
Section 23 Provisions applicable to making of rules or bye-laws after previous publication
Where, by any enactment, a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then, the following provisions shall apply, namely.
(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 deems to be sufficient, or if the condition with respect to previous publication so requires, in such manner as the 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 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 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.
Section 24 Continuation of orders, etc., issued under enactments repealed and re-enacted
Where any enactment is, after the commencement of this Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any 11. Inserted by Act No. 12 of 1953 [appointment, notification,] order, scheme, rule, form or bye-law, 22. Inserted by Act No. 12 of 1953 [made or] issued under the repealed enactment, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force and be deemed to have been 33. Inserted by Act No. 12 of 1953 [made or] issued under the provisions so re-enacted, unless and until it is superseded by any 44. Inserted by Act No. 12 of 1953 [appointment, notification,] order, scheme, rule, form or bye-law 55. Inserted by Act No. 12 of 1953 [made or] issued under the provisions so re-enacted.
Section 25 Recovery of fines
Sections 63 to 70 of the Indian Penal Code 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 enactment, rule or bye-law, unless the enactment, rule or bye-law contains an express provision to the contrary.
Section 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 those enactments, but shall not be liable to be punished twice for the same offence.
Section 27 Meaning of service by post
Where 11. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] made after the commencement of this Act authorises or requires any document to be served by post, whether the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying 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.
Section 28 Citation of enactments
(1) In any enactment, and in any rule, bye-law, instrument or document, made under, or with reference to, any enactment, 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 which the provision is contained.
(2) In this Act and in 11. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act] 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 forming the beginning and as forming the end of the portion comprised in the description or citation.
Section 29 Saving for previous enactments, rules and bye-laws
The provisions of this Act respecting the construction of enactments, rules, or bye-laws made after the commencement of this Act, shall not affect the construction of any enactment, rule or bye-law made before the commencement of this Act, although the enactment, rule or bye-law is continued or amended by an enactment, rule or bye-law made after the commencement of this Act.
Section 30 Publication of orders and notification in the Official Gazette
22. Sections 30, 31 and 32 substituted for Sections 30 and 31 by Act No. 12 of 1953 Where in 33. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act], or in any Rule made under 44. Substituted for the words "any Mysore Act" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [any Mysore Act or Karnataka Act], it is directed that any order, notification or other matter, shall be notified or published, such notification or publication shall, unless the Act otherwise provides, be deemed to be duly made if it is published in the Official Gazette.
Section 31 Determination of the times at which Acts or provisions of Acts extended or applied by Government to certain places shall come into force
When, by an Act, the Government is empowered to extend or apply an Act or any provision of an Act, to any place in, or to any portion or the State, the Government may, in any order extending or applying such Act or provision or in any subsequent order, notify the time at which the same shall come into force in the place or portion of the State to which it is so extended or applied; and unless it is otherwise provided in the Act, the Government may, by notification in the Official Gazette from time to time, postpone the time at which the Act or provision shall come into force in such place or portion of the State, or cancel the order for extending or applying the same to such place or portion of the State:
Provided that no order postponing the time at which an Act or provision shall come into force or cancelling the order for extending or applying the same shall be made after the Act or provision has actually come into force in the place or portion of the State to which such order relates.
Section 31A Construction of references to certain laws
11. Section 31-A inserted by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 Any reference in any 22. Substituted for the words "Mysore Act passed after the commencement of the Constitution (Seventh Amendment) Act, 1956" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [Karnataka Act] to a Mysore Act which is not in force in the Bombay Area, Hyderabad Area, Madras Area or Coorg District, shall in relation to such Area, or District, unless the context otherwise requires, be construed as a reference to the corresponding law, if any, in force in such Area or District.]
Section 32 Application of Act to Ordinances
The provisions of this Act shall apply in relation to any Ordinance promulgated by the 33. Substituted for the word "Rajpramukh" by the Mysore Adaptation of Laws Order, 1956, w.e.f. 1-11-1956 [Governor] under Article 213 of the Constitution in like manner as they apply in relation to 44. Substituted for the words "Mysore Acts" by the Karnataka Adaptation of Laws Order, 1973, w.e.f. 1-11-1973 [Karnataka Acts] made by the State Legislature:
Provided that sub-section (1) of Section 5 of this Act shall apply to any such Ordinance as if the reference in that sub-section to the day of the first publication of the assent to an Act in the Official Gazette were a reference instead to the day of the first publication of the Ordinance in that Gazette.]
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