General Causes Act, 1897.
This query is : Resolved
23 November 2009
5) General Causes Act, 1897
1) Examples Regarding all the section because for our law college there is a project to get the marks of minimum 20.
2) So with the examples i can explain in detail.
Please help please
1) Examples Regarding all the section because for our law college there is a project to get the marks of minimum 20.
2) So with the examples i can explain in detail.
Please help please
23 November 2009
Do u want usefull extract of GCA 1897? if so, its below
General Clauses Act, 1897
[10 of 1987]
An Act to consolidate and extend the General Clauses Acts, 1868 and 1887.
Whereas it is expedient to consolidate and extend the General Clauses Acts, 1868 (1 of 1868) and 1887 (1 of 1887); It is hereby enacted as follows :—
Preliminary
** ** **
General Definitions
Definitions.
3. 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, —
** ** **
(2) “Actâ€, 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 inÂstead of swearing;
** ** **
(8) “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 CommisÂsioner’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 artiÂcle 239 or article 243 of the Constitution, as the case may be; 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;
(9) “Chapter†shall mean a Chapter of the Act or Regulation in which the word occurs;
** ** **
(18) “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;
** ** **
(20) “fatherâ€, in the case of any one whose personal law permits adoption, shall include an adoptive father;
(21) “financial year†shall mean the year commencing on the first day of April;
(22) 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;
(23) “Government†or “the Government†shall include both the Central Government and any State Government ;
(24) “Government securities†shall mean securities of the Central Government or of any State Government, but in any Act or Regulation made before the commencement of the Constitution shall not include securities of the Government of any Part B State ;
** ** **
(26) “immovable property†shall include land, benefits to arise out of land, and things attached to the earth, or permaÂnently fastened to anything attached to the earth;
** ** **
(33) “masterâ€, used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the time being control or charge of the ship;
** ** **
(35) “month†shall mean a month reckoned according to the British calendar;
(36) “movable property†shall mean property of every deÂscription, except immovable property;
** ** **
(38) “offence†shall mean any act or omission made punishaÂble by any law for the time being in force ;
(39) “Official Gazette†or “Gazette†shall mean the Gazette of India or the Official Gazette of a State ;
(40) “Part†shall mean a Part of the Act or Regulation in which the word occurs ;
** ** **
(42) “person†shall include any company or association or body of individuals, whether incorporated or not;
** ** **
(49) “registeredâ€, used with reference to a document, shall mean registered in India under the law for the time being in force for the registration of documents ;
** ** **
(51) “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;
** ** **
(57) “sonâ€, in the case of any one whose personal law perÂmits adoption, shall include an adopted son ;
** ** **
(66) “year†shall mean a year reckoned according to the British calendar.
** ** **
General rules of construction
** ** **
Effect of repeal.
6. Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter 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, forfeiÂture or punishment may be imposed as if the repealing Act or Regulation had not been passed.
** ** **
Computation of time.
10. (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 in any Court or office on a certain day or within a prescribed period, then, if the court or office is closed on that day or the last 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 on which the Court or office is open :
Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1877 (15 of 1877), applies.
(2) This section applies also to all Central Acts and Regulations made on or after the fourteenth day of January, 1887.
** ** **
Gender and number.
13. 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 females; and
(2) words in the singular shall include the plural, and vice versa.
** ** **
Miscellaneous
** ** **
Meaning of service by post.
27. 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.
** ** **
General Clauses Act, 1897
[10 of 1987]
An Act to consolidate and extend the General Clauses Acts, 1868 and 1887.
Whereas it is expedient to consolidate and extend the General Clauses Acts, 1868 (1 of 1868) and 1887 (1 of 1887); It is hereby enacted as follows :—
Preliminary
** ** **
General Definitions
Definitions.
3. 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, —
** ** **
(2) “Actâ€, 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 inÂstead of swearing;
** ** **
(8) “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 CommisÂsioner’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 artiÂcle 239 or article 243 of the Constitution, as the case may be; 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;
(9) “Chapter†shall mean a Chapter of the Act or Regulation in which the word occurs;
** ** **
(18) “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;
** ** **
(20) “fatherâ€, in the case of any one whose personal law permits adoption, shall include an adoptive father;
(21) “financial year†shall mean the year commencing on the first day of April;
(22) 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;
(23) “Government†or “the Government†shall include both the Central Government and any State Government ;
(24) “Government securities†shall mean securities of the Central Government or of any State Government, but in any Act or Regulation made before the commencement of the Constitution shall not include securities of the Government of any Part B State ;
** ** **
(26) “immovable property†shall include land, benefits to arise out of land, and things attached to the earth, or permaÂnently fastened to anything attached to the earth;
** ** **
(33) “masterâ€, used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the time being control or charge of the ship;
** ** **
(35) “month†shall mean a month reckoned according to the British calendar;
(36) “movable property†shall mean property of every deÂscription, except immovable property;
** ** **
(38) “offence†shall mean any act or omission made punishaÂble by any law for the time being in force ;
(39) “Official Gazette†or “Gazette†shall mean the Gazette of India or the Official Gazette of a State ;
(40) “Part†shall mean a Part of the Act or Regulation in which the word occurs ;
** ** **
(42) “person†shall include any company or association or body of individuals, whether incorporated or not;
** ** **
(49) “registeredâ€, used with reference to a document, shall mean registered in India under the law for the time being in force for the registration of documents ;
** ** **
(51) “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;
** ** **
(57) “sonâ€, in the case of any one whose personal law perÂmits adoption, shall include an adopted son ;
** ** **
(66) “year†shall mean a year reckoned according to the British calendar.
** ** **
General rules of construction
** ** **
Effect of repeal.
6. Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter 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, forfeiÂture or punishment may be imposed as if the repealing Act or Regulation had not been passed.
** ** **
Computation of time.
10. (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 in any Court or office on a certain day or within a prescribed period, then, if the court or office is closed on that day or the last 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 on which the Court or office is open :
Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1877 (15 of 1877), applies.
(2) This section applies also to all Central Acts and Regulations made on or after the fourteenth day of January, 1887.
** ** **
Gender and number.
13. 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 females; and
(2) words in the singular shall include the plural, and vice versa.
** ** **
Miscellaneous
** ** **
Meaning of service by post.
27. 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.
** ** **
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