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
(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
(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
(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
(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
(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
(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
(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
(2 & 3) Omitted by the Federal Laws (Revision &
Declaration) Ordinance, XXVII of 1981.
General
Definitions
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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
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 Pakistan
and applies to all Muslim citizens of Pakistan Pakistan 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
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
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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.
(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.
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