The General Clauses Act, 1897: Ections

380
THE GENERAL CLAUSES ACT, 1897
CONTENTS
PRELIMINARY
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SECTIONS
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1. Short title
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2. [Repealed]
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GENERAL DEFINITIONS
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3. Definitions
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4. Application of foregoing definitions to previous
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enactments
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4A. Application of certain definitions to all Bangladesh
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laws lia
GENERAL RULES OF CONSTRUCTION
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5. Coming into operation of enactments

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5A. [Omitted]
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6. Effect of repeal
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6A. Repeal of Act making textual amendment in Act or

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Regulation
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7. Revival of repealed enactments

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8. Construction of references to repealed enactments

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9. Commencement and termination of time

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10. Computation of time

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11. Measurement of distances

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12. Duty to be taken pro rata in enactments

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13. Gender and number

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13A. [Omitted]
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14. Powers conferred to be exercisable from time to time

1897: Act X] General Clauses 381
POWERS AND FUNCTIONARIES
SECTIONS
15. Power to appoint to include power to appoint ex-officio
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16. Power to appoint to include power to suspend or
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dismiss
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17. Substitution of functionaries
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18. Successors
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19. Official chiefs and subordinates
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PROVISION AS TO ORDERS, RULES, ETC., MADE
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UNDER ENACTMENTS
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20. Construction of orders, etc., issued under enactments
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21. Power to make to include power to add to, amend, vary
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or rescind, orders, rules or bye-laws lia
22. Making of rules or bye-laws and issuing of orders
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between passing and commencement of enactment
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23. Provisions applicable to making of rules or bye-laws

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after previous publication

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24. Continuation of orders, etc., issued under enactments

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repealed and re-enacted

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MISCELLANEOUS
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25. Recovery of fines

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26. Provision as to offences punishable under two or more

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enactments
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27. Meaning of service by post

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28. Citation of enactments

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

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30. Application of Act to Ordinances

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30A. [Repealed]
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31. Application of Act to Orders made by the President
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THE SCHEDULE [Repealed]
382
THE GENERAL CLAUSES ACT, 1897

ACT NO. X OF 1897
[11th March, 1897]
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An Act to consolidate and extend the General Clauses
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Acts, 1868 and 1887.
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WHEREAS it is expedient to consolidate and extend the
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General Clauses Acts, 1868 and 1887; It is hereby enacted as
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follows:
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PRELIMINARY
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Short title 1. This Act may be called the General Clauses Act, 1897.
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2. [Repealed by the Repealing and Amending Act, 1903
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(Act No. I of 1903), section 4 and Schedule III.]
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GENERAL DEFINITIONS
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Definitions 3. In this Act, and in all 1[other Acts of Parliament] and

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Regulations made after the commencement of this Act, unless

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there is anything repugnant in the subject or context,

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"Abet" (1) "abet", with its grammatical variations and cognate

expressions, shall have the same meaning as in the 2[***]
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Penal Code:
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3
"Act of
of
[(1a) "Act of Parliament" shall mean an Act passed by

Parliament" Parliament and shall include any Act passed or made by
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any legislature or any person having authority to legislate

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under any Constitutional instrument and in force in

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Bangladesh or any portion thereof:]

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1
The words "other Acts of Parliament" were substituted, for the words "Central
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Acts" by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order
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No. 147 of 1972).

2
The word "Pakistan" was omitted by Article 4 of the General Clauses
(Amendment) Order, 1972 (President's Order No. 147 of 1972).
3
Clause (1a) was substituted, for clause (1a) by Article 4 of the General Clauses
(2) "act", used with reference to an offence or a civil "Act"

wrong, shall include a series of acts, and words
which refer to acts done extend also to illegal
omissions:
1
h.
[(2a) "Advocate" means a person enrolled as such under "Advocate"
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the Bangladesh Legal Practitioners and Bar Council
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Order, 1972 (P. O. No. 46 of 1972):]
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(3) "affidavit" shall include affirmation and declaration "Affidavit"
in the case of persons by law allowed to affirm or
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declare instead of swearing:
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2
[(3a) "Appellate Division" means- "Appellate
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Division"
(a) as respects the period before the 16th day of
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December, 1972, the Appellate Division of
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the High Court of Bangladesh; and
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(b) as respects any period thereafter the Appellate
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Division of the Supreme Court of Bangladesh
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constituted under the Constitution:]
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3
[* * *]
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4
[* * *]
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5
[(8aa) "Bangladesh Law" shall mean any Act, Ordinance, "Bangladesh
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Regulation, rule, Order or bye-law in force in Law"

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Bangladesh:]
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[* * *]
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(9) "Chapter" shall mean a Chapter of the Act or "Chapter"

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Regulation in which the word occurs:

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1
Clause (2a) was inserted, by Article 4 of the General Clauses (Amendment) Order,
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1972 (President's Order No. 147 of 1972).

2
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3
Clauses (3b), (3c), (3d), (4), (5), (6), (7) and (8) were omitted by Article 4 of the
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General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).
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4
Clause (8a) was repealed by section 3 and Schedule II of the Federal Laws
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(Revision and Declaration) Act, 1951 (Act No. XXVI of 1951).

5
Clause (8aa) was substituted, for Clause (8aa) by Article 4 of the General Clauses
6
Clauses (8ab) and (8ac) were omitted by Article 4 of the General Clauses
384 General Clauses [1897: Act X
1
"Chief Revenue [(9a) "Chief Revenue Authority" shall mean the National
Authority" Board of Revenue constituted under the National
Board of Revenue Order, 1972 (P. O. No. 76 of 1972:]
2
"Chittagong [(9aa) "Chittagong Metropolitan Area" means the Chittagong
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Metropolitan
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Metropolitan Area as defined in the Chittagong
Area"
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Metropolitan Police Ordinance, 1978 (Ord. XLVIII of
1978):]
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"Collector" (10) "Collector" shall mean the chief officer in charge of
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the revenue administration of a District and shall
include a Deputy Commissioner, of such District:
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3
[* * *]
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"Commencement" (12) "commencement", used with reference to an Act or
Regulation, shall mean the day on which the Act or
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Regulation comes into force:
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"Commissioner" (13) "Commissioner" shall mean the chief officer in charge
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of the revenue-administration of a division and shall

include an Additional Commissioner of such division:
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"Constitution" [(13a) "Constitution" means the Constitution of the People's
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Republic of Bangladesh:]
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"Consular (14) "Consular officer" shall include consul-general,

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Officer" consul, vice-consul, consular agent, pro-consul and

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any person for the time being authorized to perform

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the duties of consul-general, consul, vice-consul or

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consular agent:
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2
Clause (9aa) was inserted by Schedule III of the Chittagong Metropolitan Police
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Ordinance, 1978 (Ordinance No. XLVIII of 1978).

3
Clause (11) was omitted by Article 4 of the General Clauses (Amendment) Order,
4
1
[(14a) "Dhaka Metropolitan Area" means the Dacca "Dhaka
Metropolitan Area as defined in the Dacca Metropolitan
Metropolitan Police Ordinance, 1976 (Ord. III of Area"
1976):]
(15) "District Judge" shall mean the Judge of a principal "District
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Judge"
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Civil Court of original jurisdiction, but shall not
include 2[the High Court Division] in the exercise of
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its ordinary or extraordinary original civil jurisdiction:
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"Document"
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(16) "document" shall include any matter written,
expressed or described upon any substance by means
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of letters, figures or marks, or by more than one of
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those means which is intended to be used, or which
may be used, for the purpose of recording that matter:
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[* * *]
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(17) "enactment" shall include a Regulation (as hereinafter "Enactment"
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defined) 4[* * *] and shall also include any provision
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contained in any Act or in any such Regulation as
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aforesaid:
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(18) "father", in the case of any one whose personal law "Father"
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permits adoption, shall include an adoptive father:

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[(19) "financial year" shall mean the year commencing "Financial
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on the first day of July and ending on the 30th day of year"
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June:]
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1
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Clause (14a) was inserted by Schedule of the Dacca Metropolitan Police

(Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976).
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2
The words "the High Court Division" were substituted, for the words "a High
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Court" by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order
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No. 147 of 1972).

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3
Clauses (16a), (16b) and (16c) were omitted by Article 4 of the General Clauses
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4
The words "and any Regulation of the Bengal, or Bombay Code" were omitted by
Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of
1972).
5
Clause (19) was substituted, for clause (19), by Article 4 of the General Clauses
"Good faith" (20) a thing shall be deemed to be done in "good faith"

where it is in fact done honestly, whether it is done
negligently or no:
"Government" 1
[(21) "Government" or "the Government" shall mean
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(a) in relation to anything done before the 26th day
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of March 1971, any Government which
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functioned within the territories now comprised
in Bangladesh; and
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(b) in relation to anything done or to be done after
the 25th day of March, 1971, the Government of
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the People's Republic of Bangladesh:]
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"Government 2
[(21a) "Government contracts" and equivalent expressions
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contracts"
shall include contracts made in the exercise of the
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executive authority of the People's Republic of
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Bangladesh:
"Government
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(21b) "Government debts" and equivalent expressions shall
debts"
include debts due to the Government of the People's
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Republic of Bangladesh and any debt due to any
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Government that functioned within the territories now
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comprised in Bangladesh:
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"Government
(21c) "Government Grants" shall include a grant (including a
Grants"
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transfer of land or of any interest therein or a payment

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of any money) made by or on behalf of the Government

of the People's Republic of Bangladesh and before the
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26th day of March, 1971, by or on behalf of any

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Government that functioned within the territories now

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comprised in Bangladesh:
"Government
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(21d) "Government liabilities" and equivalent expressions

liabilities"
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shall include the liabilities of the Government of the

People's Republic of Bangladesh and only such
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liabilities incurred by any other Government that at any

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time functioned in the territories now comprised in

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Bangladesh, as have been expressly accepted by the

People's Republic of Bangladesh:
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1
Clause (21) was substituted, for clause (21) by Article 4 of the General Clauses
2
Clauses (21a), (21b), (21c), (21d), (21e) and (22) were substituted, for clauses
(21a), (21b), (21c), (21d), (21e) and (22) by Article 4 of the General Clauses
(21e) "Government Property" and equivalent expressions "Government

shall include any property vested in, or otherwise Property"
held for the purposes of the Government of the
People's Republic of Bangladesh and property
which, before the 26th day of March, 1971, vested in
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any Government that functioned within the
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territories now comprised in Bangladesh:
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(22) "Government securities" shall mean securities of the "Government
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Government of the People's Republic of Bangla- securities"
desh:]
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(23) [Repealed by section 3 and Schedule II of the
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Repealing and Amending Act, 1919 (Act No. XVIII of
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1919).]
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1
[(24) "High Court" shall, as respect any period before the "High Court"
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16th day of December, 1972, mean the High Court
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of Bangladesh and as respect any period before the
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26th day of March, 1971, the High Court that
functioned within the territories now comprised in
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Bangladesh:]
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2
[(24a) "High Court Division" shall mean the High Court "High Court
Division of the Supreme Court of Bangladesh Division"
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constituted under the Constitution:]

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(25) "immoveable property" shall include land, benefits "immoveable

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to arise out of land, and things attached to the earth, property"

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or permanently fastened to anything attached to the

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earth:
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(26) "imprisonment" shall mean imprisonment of either "Imprisonment"

description as defined in the 3[* * *] Penal Code:
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[(26a) "Khulna Metropolitan Area" means the Khulna "Khulna
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Metropolitan Area as defined in the Khulna Metropolitan

Metropolitan Police Ordinance, 1985 (Act No. LII of Area"
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1985):]
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2
Clause (24a) was inserted by Article 4 of the General Clauses (Amendment)
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Order, 1972 (President's Order No. 147 of 1972).

3
4
Clause (26a) was inserted by Schedule II of the Khulna Metropolitan Police
Ordinance, 1985 (Ordinance No. LII of 1985).
1
[* * *]
"Local 2
[(28) "Local authority" shall mean and include a Paura
authority"
Shava, Zilla Board, Union Panchayet, Board of
Trustees of a port or other authority legally entitled to,
or entrusted by the Government with, the control or
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management of a municipal or local fund, or any
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corporation or other body or authority constituted or
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established by the Government under any law:]
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"Magistrate"
(31) "Magistrate" shall include every person exercising all
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or any of the powers of a Magistrate under the Code of
Criminal Procedure for the time being in force:
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"Master"
(32) "master", used with reference to a ship, shall mean any
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(of a ship)
person (except a pilot or harbour-master) having for the
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time being control or charge of the ship:
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"Metropolitan 3
[(32a) "Metropolitan Area" means the Chittagong
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Area"
Metropolitan Area or the 4[Dhaka Metropolitan Area or
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the Khulna Metropolitan Area] 5[or ivRkvnx gnvbMix
cywjk AvBb, 1992 (1992 mbi 23bs AvBb) Gi
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c_g Zdwmj ewYZ GjvKv]:]
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"Month"
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(33) "month" shall mean a month reckoned according to the

British calendar:
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"Moveable
(34) "moveable property" shall mean property of every
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property"
description, except immoveable property:
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of
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Clauses (27), (27b) and (27c) was omitted by Article 4 of the General Clauses
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3
Clause (32a) was inserted by Schedule III of the Chittagong Metropolitan Police
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Ordinance, 1978 (Ordinance No. XLVIII of 1978).

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4
The words "Dhaka Metropolitan Area or the Khulna Metropolitan Area" were
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substituted, for the words "Dhaka Metropolitan Area" by Schedule III of the Khulna
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Metropolitan Police Ordinance, 1985 (Ordinance No. LII of 1985).

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5
The words, comma, figures and brackets "or ivRkvnx gnvbMix cywjk AvBb,
1992 (1992 mbi 23bs AvBb) Gi c_g Zdwmj ewYZ GjvKv" were added by
Schedule III of the Rajshahi Metropolitan Police Act, 1992 (Act No. XXIII of 1992).
6
Clauses (34a1) and (34a) were omitted by Article 4 of the General clauses
(36) "oath" shall include affirmation and declaration in the "Oath"

case of persons by law allowed to affirm or declare
instead of swearing:
(37) "offence" shall mean any act or omission made "Offence"
punishable by any law for the time being in force:
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[(37a) "Official Gazette" or "Gazette" shall mean the "Official
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Bangladesh Gazette: Gazette"
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(37b) "Parliament" shall mean the Parliament for "Parliament"
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Bangladesh, known as the House of the Nation:]
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(38) "Part" shall mean a Part of the Act or Regulation in "Part"
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which the word occurs:
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(39) "person" shall include any company or association or "Person"
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body of individuals, whether incorporated or not:
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2
[(39a) "Police Commissioner" means the Police Commi- "Police
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ssioner appointed under the Dacca Metropolitan Commissioner"
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Police Ordinance, 1976 (Ord. III of 1976), or the
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Chittagong Metropolitan Police Ordinance, 1978
(Ord. XLVIII of 1978), 3[or the Khulna Metropolitan
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Police Ordinance, 1985 (LII of 1985),] and includes

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an Additional Police Commissioner, a Deputy Police

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Commissioner and an Assistant Police Commissioner

appointed under any of those Ordinances 4[or
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ivRkvnx gnvbMix cywjk AvBb, 1992 (1992 mbi

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23bs AvBb) Gi Aaxb wbhy cywjk Kwgkbvi Ges

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D AvBbi Aaxb wbhy AwZwi cywjk Kwgkbvi,

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Dc-cywjk Kwgkbvi I mnKvix cywjk Kwgkbvi Bnvi

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1
Clauses (37a) and (37b) were substituted, for clauses (37a) and (37b) by Article 4
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of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).
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2
Clause (39a) was substituted, for clause (39a) by Schedule III of the Chittagong
Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978).
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3
The words, commas, figures and brackets "or the Khulna Metropolitan Police
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Ordinance, 1985 (Ordinance No. LII of 1985)," were inserted by Schedule III of the
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Khulna Metropolitan Police Ordinance (Ordinance No. LII of 1985).

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4
The words, comma, figures and brackets "or ivRkvnx gnvbMix cywjk AvBb,
1992 (1992 mbi 23bs AvBb) Gi Aaxb wbhy cywjk Kwgkbvi Ges D AvBbi Aaxb
wbhy AwZwi cywjk Kwgkbvi, Dc-cywjk Kwgkbvi I mnKvix cywjk Kwgkbvi Bnvi
A f nBe" were added by Schedule III of the Rajshahi Metropolitan Police Act,
1992 (Act No. XXIII of 1992).
1
[* * *]
"Public
(44) "Public nuisance" shall mean a public nuisance as
nuisance"
defined in the 2[* * *] Penal Code:
3
[* * *]
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"President" 4
[(44b) "the President" means the President of Bangladesh
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elected under the Constitution or any person for the
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time being acting in that office: ]
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"Registered"
(45) "registered", used with reference to a document, shall
mean registered in 5[* * *] under the law for the time
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being in force for the registration of documents:
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"Regulation"
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[(46) "Regulation" shall mean a Regulation made by any
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person or authority empowered under any constitutional
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instrument and in force in Bangladesh:]
"Republic"
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[(46a) "the Republic" means the People's Republic of
Bangladesh:] lia
"Rule"
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(47) "rule" shall mean a rule made in exercise of a power
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conferred by any enactment, and shall include a

regulation made as a rule under any enactment:
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"Schedule"
(48) "schedule" shall mean a schedule to the Act or
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Regulation in which the word occurs:

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Clauses (40), (42), (43) (43ai) and (43a) were omitted by Article 4 of the General
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Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).

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2
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3
Clauses (44a1) and (44a) were omitted by Article 4 of the General Clauses
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4
Clause (44b) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws
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(Revision and Declaration) Act, 1973 (Act No. VIII of 1973).

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5
The words "a Province" were omitted by Article 4 of the General Clauses
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6
Clause (46) was substituted, for clause (46), by Article 4 of the General Clauses
7
Clause (46a) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws
1
[* * *]
"Section"
(50) "section" shall mean a section of the Act or Regulation
in which the word occurs:
2 "Service of the
[(50a) "the service of the Republic" means any service, post
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Republic"
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or office whether in a civil or military capacity, in
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respect of the Government of Bangladesh, and any
other service declared by law to be a service of the
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Republic:]
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"Ship"
(51) "ship" shall include every description of vessel used in
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navigation not exclusively propelled by oars:
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"Sign"
(52) "sign", with its grammatical variations and cognate
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expressions, shall, with reference to a person who is
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unable to write his name, include "mark", with its
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grammatical variations and cognate expressions:
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3
[* * *] lia "Son"
(53) "son" in the case of any one whose personal law
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permits adoption, shall include an adopted son:
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"Sub-section"
(54) "sub-section" shall mean a sub-section of the section in
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which the word occurs:

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4 "Suits by or
[(54a) "suits by or against the Government" and equivalent
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against
expressions shall include suits by or against
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Government"
Bangladesh:]
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"Swear"
(55) "swear", with its grammatical variation and cognate
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expressions, shall include affirming and declaring in

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the case of persons by law allowed to affirm or declare

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instead of swearing:
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1
Clause (49) was omitted by Article 4 of the General Clauses (Amendment) Order,
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2
Clause (50a) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws
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3
Clause (52a1) and (52a) were omitted by Article 4 of the General Clauses
4
1
[* * *]:
"Vessel" (56) "vessel" shall include any ship or boat or any other
description of vessel used in navigation:
"Will" (57) "will" shall include a codicil and every writing making a
voluntary posthumous disposition of property:
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"Writing" (58) expressions referring to "writing" shall be construed as
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including references to printing, lithography,
photography and other modes of representing or
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reproducing words in a visible form: and
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"Year" (59) "year" shall mean a year reckoned according to the
British calendar.
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Application of 4. (1) The definitions in section 3 of the following words
foregoing and expressions, that is to say, "affidavit", 2[advocate], "District
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definitions to
Judge", "father", "immoveable property", "imprisonment",
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previous
"Magistrate", "month", "moveable property", "oath", "person",
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enactments
"section", "son", "swear", "will" and "year" apply also, unless
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there is anything repugnant in the subject or context, to all
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[Acts of Parliament] made after the third day of January, 1868,
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and to all Regulations made on or after the fourteenth day of
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January, 1887.
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(2) The definitions in the said section of the following

words and expressions, that is to say, "abet", "Chapter",
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"commencement", "financial year", "local authority", "master",

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"offence", "part", "public nuisance", "registered", "schedule",

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"ship", "sign", "sub-section" and "writing" apply also, unless

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there is anything repugnant in the subject or context, to all

4
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[Acts of Parliament] and Regulations made on or after the

fourteenth day of January, 1887.
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[4A. (1) The definitions in section 3 of the expressions
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.
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1
Clauses (55a), (56a) and (56aa) were omitted by Article 4 of the General Clauses
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2
The word "advocate" was substituted, for the word "barrister", by Article 5 of the
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3
The words "Acts of Parliament" were substituted, for the words "Central Acts" by
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the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).
4
the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).
5
Article 4A was inserted by Article 5 of the Government of India (Adaptation of
Indian Laws) Order, 1937.
1
[* * *] 2[Act of Parliament] 3[* * *] "Chief Revenue Application of
certain
Authority", "Gazette", "Government", "Government contracts", definitions to
"Government debts", "Government grants", "Government all Bangladesh
liabilities", "Government property", "Government securities", laws
"High Court", 4[High Court Division"] 5[* * *], "official
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Gazette", 6[Bangladesh laws] 7[* * *] and "suits by or against
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Government" apply also, unless there is anything repugnant in
the subject or context, to all 8[Bangladesh laws].
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(2) In any 9[Bangladesh law], references to the
10
[Government] in any provision conferring power to make
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appointments to the civil services of, or civil posts under, the
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1
The words "British India", "Central Government", "Central Legislature" were
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omitted by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order
No. 147 of 1972). lia
2
The words "Act of Parliament" were substituted, for the words "Central Act" by
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1972).
3
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The words "British India", "Central Government", "Central Legislature" were

omitted by Article 6 of the General Clauses (Amendment) Order, 1972 (President's Order
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No. 147 of 1972).

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4
The words "High Court Division" were inserted by Article 6 of the General
Ju

5
The words "India", "Indian State", and Provincial Government" were omitted by
w,
La
1972).
of
6
The words "Bangladesh Laws" were substituted, for the words "Pakistan laws" by
try
1972).
nis
7
The words "India", "Indian State", and Provincial Government" were omitted by
Mi
@
1972).
8
The words "Bangladesh Laws" were substituted, for the words "Pakistan laws" by
ht
rig
1972).
py
9
The words "Bangladesh Law" were substituted, for the words "Pakistan law" by
Co
1972).
10
The word "Government" was substituted, for the words "Provincial Government
or the Central Government" by Article 6 of the General Clauses (Amendment) Order,
1
[Government] include references to such person as the
2
[Government] may direct, and in any provision conferring
power to make rules prescribing the conditions of service of
persons serving the 3[Government] in a civil capacity include
references to any person authorized by the 4[Government] to
h.
make rules for the purpose.
es
(3) The references in any 5[Bangladesh law] to servants of
lad
or under, or to service of or under, 6[the Government], to
ng
property of, or belonging to, or vested in, the 7[Government],
Ba
and to forfeitures to 8[the Government] shall be construed as
references respectively to persons in the service of the
rs,
9
[Government], to the service of the Government, to property
fai
vested in the Government and to forfeitures to the Government.]
Af
GENERAL RULES OF CONSTRUCTION
ry
5. 10[(1) Where any Act of Parliament is not expressed to
nta
Coming into
operation of come into operation on any particular day, then it shall come
me
enactments
into operation, lia
ar
1
The word "Government" was substituted, for the word "State" by Article 6 of the
dP
2
The word "Government" was substituted, for the words and commas "Provincial
an
Government or the Central Government, as the case may be," by Article 6 of the General
ce

3
sti
The word "Government" was substituted, for the word "State" by Article 6 of the
Ju
4
The word "Government" was substituted, for the words and commas "Provincial
w,
Government or the Central Government, as the case may be," by Article 6 of the General
La
5
The words "Bangladesh Law" were substituted, for the words "Pakistan Law" by
of
try
1972).
6
nis
The words "the Government" were substituted, for the words "a Government or a
Province" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147
Mi
of 1972).
@
7
The word "Government" was substituted, for the words "Secretary of State in
Council or a Government or a Province" by Article 6 of the General Clauses
ht

rig
8
The words "the Government" were substituted, for the words "a Government or a
py
Province" by the General Clauses (Amendment) Order, 1972 (President's Order No. 147
Co
of 1972).
9
The word "Government" was substituted, for the word "State" by article 6 of the
10
Sub-section (1) was substituted, for sub-section (1) by Article 7 of the General
(a) in the case of an Act of Parliament to which this

Act was applicable before the 26th day of March,
1971, on the date on which it receives the assent;
and
h.
(b) in the case of any other Act of Parliament, the
es
day on which the assent is first published in the
lad
official Gazette;]
ng
(2) [Omitted by the Central Laws Order, 1961, Article
Ba
2 and Schedule.]
(3) Unless the contrary is expressed, 1[an Act of
rs,
Parliament] or Regulation shall be construed as coming into
fai
operation immediately on the expiration of the day preceding
Af
its commencement.
ry
nta
5A. [Omitted by the Schedule of the Pakistan
(Adaptation of Existing Pakistan Laws) Order, 1947
me
(Governor General's Order 20 of 1947).] lia
6. Where this Act, or any 2[Act of Parliament] or Effect of Repeal
ar
Regulation made after the commencement of this Act, repeals
dP
any enactment hitherto made or hereafter to be made, then,

an
unless a different intention appears, the repeal shall not

ce
(a) revive anything not in force or existing at the time at

sti
which the repeal takes effect; or

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(b) affect the previous operation of any enactment so

w,
repealed or anything duly done or suffered

La
thereunder; or
of
(c) affect any right, privilege, obligation or liability

acquired, accrued or incurred under any enactment so
try
repealed; or
nis
(d) after any penalty, forfeiture or punishment incurred in

Mi
respect of any offence committed against any

@
enactment so repealed; or
ht
rig
py
1
The words "an Act of Parliament" were substituted, for the words "a Central Act"
Co
by Article 7 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147
of 1972).
2
1972).
(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
h.
instituted, continued or enforced, and any such penalty,
es
forfeiture or punishment may be imposed as if the repealing Act
lad
or Regulation had not been passed.
ng
Repeal of Act 6A. Where any 1[Act of Parliament] or Regulation made
Ba
making textual after the commencement of this Act repeals any enactment by
amendment in
which the text of any 2[Act of Parliament] or Regulation was
rs,
Act or
amended by the express omission, insertion or substitution of
fai
Regulation
any matter, then, unless a different intention appears, the repeal
Af
shall not affect the continuance of any such amendment made
ry
by the enactment so repealed and inoperation at the time of
nta
such repeal.
me
7.(1) In any 3[Act of Parliament] or Regulation made
Revival of lia
repealed after the commencement of this Act, it shall be necessary, for
ar
enactments
the purpose of reviving, either wholly or partially, any
dP
enactment wholly or partially repealed, expressly to state that

an
purpose.
ce
(2) This section applies also to all 4[Acts of Parliament]

sti
made after the third day of January, 1868, and to all

Ju
Regulations made on or after the fourteenth day of January,

w,
1887.
La
of
try
nis
1
Mi
@
1972).
2
ht
rig
1972).
py
3
Co
the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972),
Article 8.
4
Article 8.
8. (1) Where this Act, or any 1[Act of Parliament] or Construction of

Regulation made after the commencement of this Act, repeals references to
repealed
and re-enacts, with or without modification, any provision of a enactments
former enactment, then references in any other enactment or in
any instrument to the provision so repealed shall, unless a
h.
different intention appears, be construed as references to the
es
provision so re-enacted.
lad
(2) [Omitted by Article 9 of the General Clauses
ng
(Amendment) Order, 1972 (President's Order No. 147 of
Ba
1972).]
rs,
9. (1) In any 2[Act of Parliament] or Regulation made Commencement
fai
after the commencement of this Act, it shall be sufficient, for and termination
of time
Af
the purpose of excluding the first in a series of days or any
ry
other period of time, to use the word "from", and, for the
nta
purpose of including the last in a series of days or any other
period of time, to use the word "to".
me
lia
ar
dP
1887.
an
10. (1) Where, by any 4[Act of Parliament] or Regulation Computation of

ce
made after the commencement of this Act, any act or time

sti
proceeding is directed or allowed to be done or taken in any

Ju
Court or office on a certain day or within a prescribed period,

w,
then, if the Court or office is closed on that day or the last day
La
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
of
the next day afterwards on which the Court or office is open:

try
nis
1
Mi
@
Article 8.
2
ht
rig
Article 8.
py
3
Co
Article 8.
4
1972).
Provided that nothing in this section shall apply to any

act or proceeding to which the 1[* * *] Limitation Act, 1877,
applies.
h.
and Regulations made on or after the fourteenth day of
es
January, 1887.
lad
Measurement of 11. In the measurement of any distance, for the purposes
ng
distances of any 3[Act of Parliament] or Regulation made after the
Ba
commencement of this Act, that distance shall, unless a
rs,
different intention appears, be measured in a straight line on a
fai
horizontal plane.
Af
Duty to be 12. Where, by any enactment now in force or hereafter
ry
taken pro rata to be in force, any duty of customs or excise, or in the nature
nta
in enactments
thereof, is leviable on any given quantity, by weight, measure
me
or value of any goods or merchandize, then a like duty is
leviable according to the same rate on any greater or less
lia
quantity.
ar
dP
Gender and 13. In all 4[Acts of Parliament] and Regulations, unless

number
an
there is anything repugnant in the subject or context,

ce
(1) words importing the masculine gender shall be taken

sti
to include females; and

Ju
(2) words in the singular shall include the plural, and

w,
vice versa.
La
13A. [Omitted by the Central Laws Order, 1961, Article

of
2 and Schedule.]
try
nis
Mi
1
The word "Indian" was omitted by Article 10 of the General Clauses
@

2
ht
rig
1972).
py
3
Co
1972).
4
1972).
POWERS AND FUNCTIONARIES
14. (1) Where, by any 1[Act of Parliament] or Regulation Powers

conferred to be
made after the commencement of this Act, any power is exercisable
h.
conferred then, unless a different intention appears, that power from time to
es
may be exercised from time to time as occasion requires. time
lad
ng
Ba
and Regulations made on or after the fourteenth day of January,
1887.
rs,
fai
15. Where, by any 3[Act of Parliament] or Regulation, a Power to
Af
appoint to
power to appoint any person to fill any office or execute any include power
ry
function is conferred, then, unless it is otherwise expressly to appoint ex-
nta
provided, any such appointment, if it is made after the officio.
me
commencement of this Act, may be made either by name or by
lia
virtue of office.
ar
dP
16. Where, by any 4[Act of Parliament] or Regulation, a Power to

appoint to
an
power to make any appointment is conferred, then unless a include power

different intention appears, the authority having for the time to suspend or
ce
being power to make the appointment shall also have power to dismiss
sti
Ju
suspend or dismiss any person appointed whether by itself of

any other authority in exercise of that power.
w,
La
of
try
nis
1
Mi
@
1972).
2
ht
rig
1972).
py
3
Co
1972).
4
1972).
Substitution of 17. (1) In any 1[Act of Parliament] or Regulation made

Functionaries 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
h.
at present executing the functions, or that of the officer by
es
whom the functions are commonly executed.
lad
ng
Ba
rs,
1887.
fai
18. (1) In any 3[Act of Parliament] or Regulation made
Af
Successors
after the commencement of this Act, it shall be sufficient, for
ry
nta
the purpose of indicating the relation of a law to the successors
of any functionaries or of corporations having perpetual
me
succession, to express its relation to the functionaries or
lia
corporations.
ar
dP

an

ce
1887.
sti
Official chiefs 19.(1) In any 5[Act of Parliament] or Regulation made

Ju
and after the commencement of this Act, it shall be sufficient, for

w,
subordinates
La
of
1
try
nis
1972).
2
Mi
@
1972).
3
ht
rig
1972).
py
4
Co
1972).
5
1972).
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.
h.
es
made after the third day of January, 1868, and to all Regulations
lad
made on or after the fourteenth day of January, 1887.
ng
Ba
PROVISIONS AS TO ORDERS, RULES, ETC., MADE UNDER
ENACTMENTS
rs,
fai
20. Where, by any 2[Act of Parliament] or Regulation, a Construction of
orders etc.,
Af
power to issue any notification, order, scheme, rule, form or issued under
ry
bye-law is conferred, then expressions used in the notification, enactments
nta
order, scheme, rule, form or bye-law, if it is made after the
me
commencement of this Act, shall, unless there is anything
repugnant in the subject or context, have the same respective
lia
meanings as in the Act or Regulation conferring the power.
ar
dP
21. Where, by any 3[Act of Parliament] or Regulation, a Power to make,

to include
an
power to issue notifications, orders, rules, or bye-laws is power to add

ce
conferred, then that power includes a power, exercisable in the to, amend, vary
or rescind,
sti
like manner and subject to the like sanction and conditions (if
orders, rules or
Ju
any), to add to, amend, vary or rescind any notifications, orders, bye-laws
w,
rules or bye-laws so issued.

La
22. Where, by any 4[Act of Parliament] or Regulation Making of

of
rules or bye-
which is not to come into force immediately on the passing laws and
try
nis
1
Mi
@
1972).
2
ht
rig
1972).
py
3
Co
1972).
4
1972).
issuing of thereof, a power is conferred to make rules or bye-laws, or to

orders between
passing and issue orders with respect to the application of the Act or
commencement Regulation, or with respect to the establishment of any Court or
of enactment office or the appointment of any Judge or officer thereunder, or
h.
with respect to the person by whom, or the time when, or the
es
place where, or the manner in which, or the fees for which,
lad
anything is to be done under the Act or Regulation, then that
ng
power may be exercised at any time after the passing of the Act
Ba
or Regulation; but rules, bye-laws or orders so made or issued
rs,
shall not take effect till the commencement of the Act or
fai
Regulation.
Af
Provisions 23. Where, by any 1[Act of Parliament] or Regulation,
ry
applicable to
nta
making of rules a power to make rules or bye-laws is expressed to be given
me
or bye-laws subject to the condition of the rules or bye-laws being made
after previous after previous publication, then the following provisions shall
lia
publication
ar
apply, namely:
dP
(1) the authority having power to make the rules or bye-laws

an
shall, before making them, publish a draft of the proposed

ce
rules or bye-laws for the information of persons likely to be

sti
affected thereby;
Ju
(2) the publication shall be made in such manner as that

w,
La
authority deems to be sufficient, or, if the condition with

respect to previous publication so requires, in such manner
of
as the 2[Government] prescribes;

try
nis
(3) there shall be published with the draft a notice specifying a

Mi
date on or after which the draft will be taken into

@
consideration;.
ht
rig
py
1
Co
1972).
2
The word "Government" was substituted, for the words "Central Government or the
Provincial Government" by Article 11 of the General Clauses (Amendment) Order, 1972
(President's Order No. 147 of 1972).
(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
h.
make the rules or bye-laws from any person with respect to
es
the draft before the date so specified;
lad
(5) the publication in the official Gazette of a rule or bye-law
ng
purporting to have been made in exercise of a power to
Ba
make rules or bye-laws after previous publication shall be
conclusive proof that the rule or bye-law has been duly
rs,
made.
fai
24. Where any 1[Act of Parliament] or Regulation is, Continuation,
Af
after the commencement of this Act, repealed and re-enacted of orders, etc.,
ry
issued under
with or without modification, then, unless it is otherwise
nta
enactments
expressly provided, any appointment, notification, order, repealed and
me
scheme, rule, form or bye-law made or issued under the repealed re-enacted
lia
Act or Regulation, shall, so far as it is not inconsistent with the
ar
provisions re-enacted, continue in force, and be deemed to have
dP
been made or issued under the provisions so re-enacted, unless

and until it is superseded by any appointment, notification],
an
order, scheme, rule, form or bye-law made or issued under the

ce
provisions so re-enacted 2[* * *].

sti
MISCELLANEOUS
Ju
25. Sections 63 to 70 of the 3[* * *] Penal Code and the Recovery of

w,
provisions of the Code of Criminal Procedure for the time being fines
La
in force in relation to the issue and the execution of warrants for

of
try
nis
1
Mi
@
1972).
2
ht
The words, commas, letters and figures "and when any Central Act or Regulation,
rig
which, by a notification under section 5 or 5A or the Scheduled Districts Act, 1874, or

any like law, has been extended to any local area, has, by a subsequent notification, been
py
withdrawn from and re-extended to such area or any part thereof, the provisions of such
Co
Act or Regulation shall be deemed to have been repealed and re-enacted in such area or
part within the meaning of this section" were omitted by Article 12 of the General
3
the levy of fines shall apply to all fines imposed under any Act,
Regulation, rule or bye-law unless the Act, Regulation, rule or
bye-law contains an express provision to the contrary.
Provision as to
h.
26. Where an act or omission constitutes an offence under
offences
es
punishable two or more enactments, then the offender shall be liable to be
lad
under two or prosecuted and punished under either or any of those
more
ng
enactments, but shall not be liable to be punished twice for the
enactments
Ba
same offence.
rs,
Meaning of 27. Where any 1[Act of Parliament] or Regulation made
fai
service by post
after the commencement of this Act authorizes or requires any
Af
document to be served by post, whether the expression "serve"
ry
or either of the expressions "give" or "send" or any other
nta
expression is used, then, unless a different intention appears, the
me
service shall be deemed to be effected by properly addressing,
lia
pre-paying and posting by registered post, a letter containing the
ar
document, and, unless the contrary is proved, to have been
dP
effected at the time at which the letter would be delivered in the

an
ordinary course of post.

ce
Citation of 28. (1) In any 2[Act of Parliament] or Regulation, and in

sti
enactments
any rule, bye-law, instrument or document, made under, or with
Ju
reference to, any such Act or Regulation, any enactment may be

w,
cited by reference to the 3[short title or Bengali translation

La
thereof] conferred thereon or by reference to the number and

of
year thereof, and any provision in an enactment may be cited by

try
reference to the section or sub-section of the enactment in which

nis
the provision is contained.

Mi
@
1
ht
rig
1972).
py
2
Co
1972).
3
The words "short title or Bengali translation thereof" were substituted, for the
words "title or short title (if any)" by Article 14 of the General Clauses (Amendment)
Order, 1972 (President's Order No. 147 of 1972).
(2) In this Act and in any 1[Act of Parliament] 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
h.
word, section or other part mentioned or referred to as forming
es
the beginning and as forming the end of the portion comprised in
lad
the description or citation.
ng
29. The provisions of this Act respecting the construction Saving for
Ba
previous
of Acts, Regulations, rules or bye-laws made after the
rs,
enactments,
commencement of this Act shall not affect the construction of any rules and bye-
fai
Act, Regulation, rule or bye-law made before the commencement laws
Af
of this Act, although the Act, Regulation, rule or bye-law is
ry
continued or amended by an Act, Regulation, rule or bye-law
nta
made after the commencement of this Act.
me
30. In this Act the expression 2[Act of Parliament] wherever Application
lia
it occurs, except in section 5, and the word "Act" in clauses (9), of Act to
ar
Ordinances
(12), (38), (48) and (50) of section 3 and in section 25 shall be
dP
deemed to include an Ordinance made and promulgated by 3[any

an
person having authority to legislate under any constitutional

ce
provision or by the President of Bangladesh under the

sti
Constitution].
Ju
w,
La
of
try
1
nis
Mi
1972).
@
2
ht
1972).
rig
3
The words "any person having authority to legislate under any constitutional
py
provision or by the President of Bangladesh under the Constitution" were substituted, for
Co
the words, commas and figures "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" by Article 15 of the General
30A. [Repealed by the Government of India (Adaptation

of Indian Laws) Order, 1937.]
Application of 1
[31. The provisions of this Act shall apply for the
Act to Orders
h.
made by the interpretation of any Order made by the President or acting
es
President President of Bangladesh, and for the interpretation of any
lad
Presidential Order made before the 26th day of March, 1971,
ng
and in force in Bangladesh, as they apply for the interpretation
Ba
of an Act of Parliament, as if any such Order were an Act of
rs,
Parliament.].
fai
THE SCHEDULE [Repealed by section 4 and Schedule
Af
ry
III of the Amending Act, 1903 (Act No. I of 1903).]
nta
me
lia
ar
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an
ce
sti
Ju
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La
of
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Mi
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ht
rig
py
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1
Section 31 was substituted, for section 31 by Article 16 of the General Clauses
Co
py
rig
ht
@
Mi
nis
try
of
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w,
Ju
sti
ce
an
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lia
me
nta
ry
407
Af
fai
rs,
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ng
lad
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h.

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380

THE GENERAL CLAUSES ACT, 1897

5. Coming into operation of enactments

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

7. Revival of repealed enactments

8. Construction of references to repealed enactments

9. Commencement and termination of time

10. Computation of time

11. Measurement of distances

12. Duty to be taken pro rata in enactments

13. Gender and number

14. Powers conferred to be exercisable from time to time

POWERS AND FUNCTIONARIES

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

23. Provisions applicable to making of rules or bye-laws

after previous publication

24. Continuation of orders, etc., issued under enactments

repealed and re-enacted

25. Recovery of fines

26. Provision as to offences punishable under two or more

27. Meaning of service by post

28. Citation of enactments

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

30. Application of Act to Ordinances

31. Application of Act to Orders made by the President

THE GENERAL CLAUSES ACT, 1897

[11th March, 1897]

Definitions 3. In this Act, and in all 1[other Acts of Parliament] and

Regulations made after the commencement of this Act, unless

there is anything repugnant in the subject or context,

"Abet" (1) "abet", with its grammatical variations and cognate

[(1a) "Act of Parliament" shall mean an Act passed by

any legislature or any person having authority to legislate

under any Constitutional instrument and in force in

Bangladesh or any portion thereof:]

No. 147 of 1972).

(2) "act", used with reference to an offence or a civil "Act"

Regulation, rule, Order or bye-law in force in Law"

(9) "Chapter" shall mean a Chapter of the Act or "Chapter"

Regulation in which the word occurs:

1972 (President's Order No. 147 of 1972).

(Amendment) Order, 1972 (President's Order No. 147 of 1972).

(Revision and Declaration) Act, 1951 (Act No. XXVI of 1951).

of the revenue-administration of a division and shall

"Consular (14) "Consular officer" shall include consul-general,

Officer" 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

(Amendment) Order, 1972 (President's Order No. 147 of 1972).

Ordinance, 1978 (Ordinance No. XLVIII of 1978).

(15) "District Judge" shall mean the Judge of a principal "District

permits adoption, shall include an adoptive father:

Clause (14a) was inserted by Schedule of the Dacca Metropolitan Police

No. 147 of 1972).

(Amendment) Order, 1972 (President's Order No. 147 of 1972).

"Good faith" (20) a thing shall be deemed to be done in "good faith"

transfer of land or of any interest therein or a payment

of any money) made by or on behalf of the Government

26th day of March, 1971, by or on behalf of any

Government that functioned within the territories now

(21d) "Government liabilities" and equivalent expressions

shall include the liabilities of the Government of the

liabilities incurred by any other Government that at any