THE BENGAL
GENERAL CLAUSES ACT, 1899 [Act, No. 1 of 1899] [18th January, 1899] An Act for further shortening the
language used in Bengal Acts and West Bengal Acts and for other purposes. WHEREAS it is expedient further to shorten the
language used in Bengal Acts and West Bengal Acts, and to make certain other
provisions relating to those Acts ; It is hereby enacted as follows :-- This Act may be called the Bengal General Clauses
Act, 1899. Rep. by s. 4 and the Third Schedule of the Amending
Act, 1903 (I of 1903). In this Act, and in all Bengal Acts made after the
commencement of this Act and in all West Bengal Acts unless there is anything
repugnant in the subject or context,-- (1) "abet" with its grammatical variations
and cognate expressions, shall have the same meaning as in the Indian Penal
Code Act XLV of 1860; (2) "act" used with reference to an offence
or a civil wrong, shall include a series of acts ; and words which refer to
acts done shall extent also to illegal omissions; (3) "affidavit" shall include affirmation and
declaration in the case of persons by law allowed to affirm or declare instead
of swearing; (4) "Barrister" shall mean a barrister of
England or Ireland, or a member of the Faculty of Advocates in Scotland ; (5) "Bengal Act" shall mean an Act made by
the Lieutenant Governor of Bengal in Council under the Indian Councils Act,
1861, or the Indian Councils Acts, 1861 and 1892 or the Indian Councils Acts,
1861, 1892 and 1909, or made by the Governor in Council of Fort William in
Bengal under the Indian Council Acts, 1861, 1892 and 1909 or the Government of
India Act, 1915, or by the Local Legislature or the Governor of Bengal under
the Government of India Act, or by the Provincial Legislature or the Governor
of Bengal under the Government of India Act, 1935 ; (6) "chapter" shall mean a Chapter of the Act
in which the word occurs ; (7) "collector" shall mean, in Calcutta, the
Collector of Calcutta, and elsewhere the chief officer in charge of the revenue
administration of a district; (8) "Commencement", used with reference to an
Act, shall mean the day on which the Act comes into force; (9) "Commissioner" shall mean the chief
officer in charge of the revenue administration of a division ; (10) "Consular Officer" shall include
consul-general, consul, vice-consul, consular agent, pro-consul and any person
for the time being authorised to perform the duties of consul general, consul,
vice-consul or consular agent; (11) "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; (12) "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 or recording that matter; (13) "enactment" shall include a Regulation
(as hereinafter defined) and any regulation of the Bengal Code, and shall also
include any provision contained in any Act or in any such Regulation as
aforesaid; (14) "father" in the case of anyone whose
personal law permits adoption, shall include an adoptive father; (15) "financial year" shall mean the year
commencing on the first day of April; (16) "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; (17) * * * * * (18) * * * * * (19) * * * * * (20) "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; (21) "imprisonment" shall mean imprisonment of
either description as defined in the Indian Penal Code (Act XLV of 1860); (22) "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; (23) * * * * * (24) "magistrate" shall include every person
exercising all or any of the powers of a Magistrate under the Code of Criminal
Procedure (Act V of 1898) for the time being in force; (25) "master," 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; (26) "month" shall mean a month reckoned
according to the British calendar; (27) "movable property" shall mean property of
every description, except immovable property ; (28) "oath "shall include affirmation and
declaration in the case of persons by law allowed to affirm or declare instead
of swearing ; (29) "offence" shall mean any act or omission
made punishable by any law for the time being in force ; (30) "Part"shall mean a part of the Act in
which the word occurs ; (31) "person" shall include any company or
association or body of individuals, whether incorporated or not; (32) "public nuisance" shall mean a public
nuisance as defined in the Indian Penal Code (Act XLV or 1860); (33) "registered" used with reference to a
document, shall mean registered in a Part A State or a Part C State under the
law for the time being in force for the registration of documents ; (34) "Regulation" shall mean a Regulation made
by the Governor under sub-paragraph (2) of paragraph 5 of the Fifth Schedule to
the Constitution and shall include a Regulation made by the Central Government
under the Government of India Act, 1870 or the Government of India Act, 1915,
or the Government of India Act, 1935, or by the Governor under the Government
of India Act, 1935, or by the President under Article 243 of the Constitution ; (35) "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; (36) "Schedule" shall mean a schedule to the
Act in which the word occurs ; (37) "Scheduled District" shall mean a
"Scheduled District" as defined in the Scheduled District Act, 1874
(XIV of 1874); (38) "section" shall mean a section of the Act
in which the word occurs ; (39) "Ship" shall include every description of
vessel used in navigation not exclusively propelled by oars; (40) "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 ; (41) "son", in the case of anyone whose
personal law permits adoption, shall include an adopted son ; (42) "sub-section" shall mean a sub-section of
the section in which the word occurs ; (43) "swear", with its grammatical variations
and cognate expressions, shall include affirming and declaring in the case of
persons by law allowed to affirm or declare instead of swearing ; (44) "vessel" shall include any ship or boat
or any other description of vessel used in navigation ; (44a) "West Bengal Act" shall mean an Act
made by the Provincial Legislature of West Bengal under the Government of India
Act, 1935, or by the Legislature of the State of West Bengal under the
Constitution ; (45)
"will"
shall include a codicil and every writing making a voluntary posthumous
disposition of property; (46)
"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 (47) "year" shall mean a year reckoned
according to the British Calendar. The definitions in section 3 of the following
words, that is to say, "affidavit," "Magistrate,"
"month," "oath", and "swear," apply also, unless
there is anything repugnant in the subject or contest, to all Bengal Acts, made
between the first day of June, 1867, and the commencement of this Act. In all Bengal Acts made between the first day of
June, 1867, and the commencement, of this Act, unless there is anything
repugnant in the subject or context,-- (1) "land" includes houses and buildings and
corporeal hereditaments and tenements of any tenure, unless where there are
words to exclude houses and buildings or to restrict the meaning to tenements
of some particular tenure ; and (2) "person" includes any incorporated
company or incorporated association of persons, (1) The definitions in section 3 of the General Clauses
Act, 1897 (X of 1897) of the expressions "British India",
"Central Act", "Central Government", "Chief
Controlling Revenue Authority", "Chief Revenue Authority",
"Constitution", "Gazette," "Government",
"Government securities", "High Court", "India,"
"Indian Law", "Indian State", "merged
territories", "Official Gazette", "Part A State",
"Part B state", "Part C State", "Province",
"Provincial Act", "Provincial Government",
"State", "State Act", and "State Government"
shall apply also unless there is anything repugnant in the subject or context
to all Bengal and West Bengal Acts. (2) In any Bengal Act or West Bengal Act, references to
the "State Government" or "Central Government" in any
provision conferring power to make appointments to the civil services of, or
civil posts under, the Government in India include references to such person as
the State Government or the Central Government, as the case may be, may direct,
and in any provision conferring power to make rules prescribing the conditions
of service of persons serving Government in a civil capacity in India, include
references to any person authorised by the State Government or the Central
Government, as the case may be, to make rules for the purpose. (3) The references in any Bengal Act or West Bengal Act
to servants of or under, or to service of or under, the Central Government or the
State Government or the State of West Bengal, to property of, or belonging to,
or vested in, the Secretary of State in Council or the Central Government or
the Provincial Government or the Province of Bengal, and to forfeitures, to the
Central Government or the Provincial Government or the Province of Bengal,
shall be construed as references respectively to persons in the service of the
Crown, to the service of the Crown, to property vested in the Crown, and to
forfeitures to the Crown. (1) Where any Bengal Act or West Bengal Act is not
expressed to come into operation on a particular day,-- (a) in the case of a Bengal Act or West Bengal Act made
before the commencement of the Constitution, it shall come into operation, if
it is an Act of the Legislature, on the day on which the asset thereto of the
Governor, the Governor General or His Majesty, as the case may require, is
first published in the Official Gazette, and if it is an Act of the Governor of
Bengal, on the day on which it is first published as an Act in the Official
Gazette; (b) in the case of a West Bengal Act made after the
commencement of the Constitution, it shall come into operation on the day on
which the assent thereto of the Governor or the President, as the case may
require, is first published in the Official Gazette. (2) Unless the contrary is expressed, a Bengal Act or
West Bengal Act shall be construed as coming into operation immediately on the
expiration of the day preceding its commencement. In this Act, and in every Bengal Act or West
Bengal Act made after the commencement of this Act, the date of such
publication as is mentioned in section 6, shall be printed above the title of
the Act, and shall form part of the Act. Where this Act, or any Bengal Act or West Bengal
Act 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) after any penalty, forfeiture or punishment
incurred in respect of any offence committed against any enactment so repealed;
or (e) affect any investigation, legal proceeding or
remedy, in respect of any such right privilege, obligation, liability, penalty,
forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced, and any such penalty,
forfeiture or punishment may be imposed, as if the repealing Act had not been
passed. Where any Bengal Act or West Bengal Act made after
the commencement of this Act repeals any enactment by which the text of any
former enactment 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. (1) In any Bengal Act or West Bengal Act made after the
commencement of this Act it shall be necessary, for the purpose of reviving,
either wholly or partially, any enactment wholly or partially repealed,
expressly to state that purpose. (2) This section applies also to all Bengal Acts made
between the first day of June, 1867, and the commencement of this Act. Where this Act, or any Bengal Act or West Bengal
Act made after the commencement of this Act, repeals and re-enacts with or
without modifications, 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. In any Bengal Act or West Bengal Act made after the
commencement of this Act, it shall be sufficient, for the purpose of excluding
the first in a series of days or any other period of time to use the word
"form" and, for the purpose of including the last in a series of days
on any other period of time, to use the word "to". Where, by any Bengal Act or West Bengal Act made
after the commencement of this Act, any act or proceeding is directed or
allowed to be done or taken in any Court or office on a certain day or within a
prescribed period, then if the Court or office is 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, 1908 (IX or 1908)
applies. In the measurement of any distance for the purposes
of any Bengal Act or West Bengal Act made after the commencement of this Act,
that distance shall, unless a different intention appears; be measured in a
straight line on a horizontal plane. In all Bengal Acts and West Bengal Acts, 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. Rep. by para, 3 and the Eleventh Schedule of the
Adaptation of Laws Order, 1950. Where, by any Bengal Act or West Bengal Act made
after the commencement of this Act, any power is conferred then, unless a
different intention appears that power may be exercised from time to time as
occasion requires. Where, by any Bengal Act or West Bengal Act, a
power to appoint any person to fill any office to execute any function is
conferred, then unless, it is otherwise expressly provided, any such appointment,
if it is made after the commencement of this Act, may be made either by name or
by virtue of office. Where, by any Bengal Act or West Bengal Act, a
power to make any appointment is conferred, then, unless a different intention
appears, the authority having power or make the appointment shall also have
power to suspend or dismiss any person appointed by it in exercise of that
power. In any Bengal Act or West Bengal Act made after the
commencement of this Act it shall be sufficient, for the purpose of indicating
the application of a law to every person or number of persons for the time
being executing the functions of an office, to mention the official title of
the officer at present executing the functions, or that of the officer by whom
the functions are commonly executed. In any Bengal Act or West Bengal Act made after the
commencement of this Act it shall be sufficient, for the purpose of indicating
the relation of a law to the successors of any functionaries or of corporations
having perpetual succession, to express its relation to the functionaries or
corporations. In any Bengal Act or West Bengal Act made after the
commencement of this Act it shall be sufficient, for the purpose of expressing
that a law relative to the chief or superior of an office shall apply to the
deputies or subordinates lawfully performing the duties of that office in the
place of their superior, to prescribe the duty of the superior. Where by any Bengal Act or West Bengal Act, a power
to issue any order, scheme, rule, byelaw, notification or form is conferred,
then expressions used in the order, scheme, rule, bye-law, notification or
form, 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 conferring the power. Where, by any Bengal Act or West Bengal Act, a
power to issue orders, rules, bye-laws, or notifications is conferred, then
that power includes a power, exerciseable in the like manner and subject to the
like sanction and conditions (if any), to add to, amend, vary or rescind any
orders, rules, bye-laws or notifications so issued. Where, by any Bengal Act or West Bengal Act, which
is not to come into operation immediately on the passing thereof, a power is
conferred to make rules or bye-laws, or to issue orders with respect to the
application of the Act, or with respect to the establishment of any Court or
office, or the appointment of any judge or officer thereunder, or with respect
to the person by whom, or the time when, or the place where, or the manner in
which, or the fees for which, anything is to be done under the Act, then that power may be exercised at any time after
the passing of the Act, but rules, bye-laws or orders so made or issued shall
not take effect till the commencement of the Act. Where, by any Bengal Act or West Bengal Act, a
power to make rules or bye-laws is expressed to be given subject to the
condition of the rules or bye-laws being made after previous publication, then
the following provisions shall apply, namely:-- (1) the authority having power to make the rules or
bye-laws shall, before making them, publish a draft of the proposed rules or
bye-laws for the information of persons likely to be affected thereby; (2) the publication shall be made in such manner as
that authority deems to be sufficient, or, if the condition with respect to
previous publication so requires, in such manner as the Government concerned
prescribes; (3) there shall be published with the draft a notice
specifying a date on or after which the draft will be taken into consideration; (4) the authority having power to make the rules or
bye-laws, and, where the rules or bye-laws are to be made with the sanction,
approval or concurrence of another authority, that authority also, shall
consider any objection or suggestion which may be received by the authority
having power to make the rules or bye-laws from any person with respect to the
draft before the date so specified; (5) the publication in the 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. Where any enactment is, after the commencement of
this Act, repealed and re-enacted by a Bengal Act or West Bengal Act with or
without modification, then, unless it is otherwise expressly provided, any
appointment, order, scheme, rule, bye-law, notification or form made or issued
under the repealed enactment shall, so far as it is not inconsistent with the
provisions re-enacted, continue in force, and be deemed to have been made or
issue under the provisions so re-enacted, unless and until it is superseded by
any appointment, order, scheme, rule, bye-law, notification or form made or
issued under the provisions so re-enacted. Sections 63 to 70 of the Indian Penal Code, and the
provisions of the Code of Criminal Procedure for the time being in force in
relation to the issue and the execution of warrants for the levy of fines shall
apply to all fines imposed under any Bengal Act or West Bengal Act (XLV of
1860) or any rule or bye-law made under any Bengal Act or West Bengal (Act V of
1898) unless the Act, rule or bye-law contains an express provision to the
contrary. Where an act or omission constitutes on offence
under two or more enactments, then the offender shall be liable to be
prosecuted and punished under either or any of those enactments, but shall not
be liable to be punished twice for the same offence. Where any Bengal Act or West Bengal Act, 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, prepaying and posting by registered post, a
letter containing the document, and, unless the contrary is proved, to have
been effected at the time at which the letter would be delivered in the
ordinary course of post. (1) In any Bengal Act or West Bengal Act, and in any
rule, bye-law, instrument or document made under, or with reference to any
Bengal Act or West Bengal Act, any enactment may be cited by reference to the
title or short title (if any) conferred thereon or by reference to the number
and year thereof, and any provision in an enactment may be cited by reference
to the section or sub-section of the enactment in which the provision is
contained. (2) In this Act, and in any Bengal Act or West Bengal,
Act, made after the commencement of this Act, a description or citation of a
portion of another enactment shall, unless a different intention appears, be
construed as including the word, section or other part mentioned or referred to
as forming the beginning and as forming the end of the portion comprised in the
description or citation. Where any Act, rule or bye-law made after the
commencement of this Act continues or amends any Acts, rules or bye-laws made
before the commencement of this Act, the foregoing sections of this Act shall
not by reason merely of such continuance or amendment affect the construction
of such Acts, rules or bye-laws. The provisions of this Act shall apply-- (a) in relation to any Eastern Bengal, and Assam Acts
as in force in West Bengal and any regulation made by the Governor under
section 92 of the Government of India Act, 1935, as they apply in relation to a
Bengal Act or West Bengal Act made by the Provincial Legislature, and in
relation to any Ordinance promulgated by the Governor of Bengal under section
88 or section 89 of the said Act or by the Governor of West Bengal under
section 88 of the said Act, as they apply in relation to a Bengal Act made under
the said Act by the Governor; and (b) in relation to any Ordinance promulgated by the
Governor under article 213 of the Constitution or any Regulation made by the
Governor under sub-paragraph (2) of paragraph 5 of the Fifth Schedule to the
Constitution, as they apply in relation to a West Bengal Act made by the State
Legislature: Provided that clause (b) of sub-section 1 of
section 6 of this Act shall apply to any Ordinance referred to in clause (b) as
if for the reference in the said clause (b) of sub-section (1) to the day of
the first publication of the assent to an Act in the Official Gazette there
were substituted a reference to the day of the first publication of the
Ordinance in the Gazette.
BENGAL GENERAL CLAUSES ACT, 1899
Preamble 1 - BENGAL GENERAL CLAUSES
ACT, 1899PREAMBLE
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BENGAL GENERAL CLAUSES ACT, 1899
BENGAL GENERAL CLAUSES ACT, 1899
Section 1 - Short title
Section 2 - Repeal of Bengal Act V of 1867
Section 3 - Definitions
Section 4 - Application of certain of the foregoing definitions to previous Bengal Acts
Section 5 - Continuance of certain definitions for purposes of previous Bengal Act
Section 5A - Application of certain definitions in section 3 of Act X of 1897 to all Bengal and West Bengal Acts
Section 6 - Coming into operation of Bengal Acts of West Bengal Acts
Section 7 - Printing of date on which Act is published after having received the assent of the Governor, Governor General, or His Majesty or the President
Section 8 - Effect of repeal
Section 8A - Repeal of Act making textual amendment in former Act
Section 9 - Revival of repealed enactments
Section 10 - Construction of references to repealed enactments
Section 11 - Commencement and termination of time
Section 12 - Computation of time
Section 13 - Measurement of distances
Section 14 - Gender and number
Section 14A - References to the Sovereign
Section 15 - Powers conferred to be exercisable from time to time
Section 16 - Power to appoint to include power to appoint ex-officio
Section 17 - Power to appoint to include power to suspend or dismiss
Section 18 - Substitution of function aries
Section 19 - Successors
Section 20 - Official chiefs and sub-ordinates
Section 21 - Construction of orders, etc. issued under Bengal Acts or West Bengal Acts
Section 22 - Power to issue to include power to add to, amend, vary or rescind orders, etc.
Section 23 - Making of rules or bye-laws and issuing of orders between passing and commencement of Bengal Act of West Bengal Act
Section 24 - Provisions applicable to making of rules or bye-laws after previous publication
Section 25 - Continuation of orders, etc. issued under enactments repealed and re-enacted
Section 26 - Recovery of fines
Section 27 - Provision as to offences punishable under two or more enactments
Section 28 - Meaning of service by post
Section 29 - Citation of enactments
Section 30 - Saving for previous Acts, rules and bye-laws
Section 31 - Application to Eastern Bengal and Assam Acts and Ordinances and Regulations