THE GENERAL CLAUSES ACT, 1897 - Gaibandha...Government of the People's Republic of Bangla-desh:] (23) [Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1919

THE GENERAL CLAUSES ACT, 1897

(ACT NO. X OF 1897).[11th March, 1897]

An Act to consolidate and extend the General Clauses Acts,1868 and 1887.

WHEREAS it is expedient to consolidate and extend the GeneralClauses Acts, 1868 and 1887; It is hereby enacted as follows:-

PRELIMINARY

Short title 1. This Act may be called the General Clauses Act, 1897.

[Repealed] 2. [Repealed by the Repealing and Amending Act, 1903(Act No. I of 1903), section 4 and Schedule III.]

GENERAL DEFINITIONS

Definitions 3. In this Act, and in all 1[ other Acts of Parliament] andRegulations made after the commencement of this Act,unless there is anything repugnant in the subject orcontext,-

(1) "abet", with its grammatical variations and cognateexpressions, shall have the same meaning as in the 2[***] Penal Code:

3[ (1a) "Act of Parliament" shall mean an Act passed byParliament and shall include any Act passed or made byany legislature or any person having authority to legislateunder any Constitutional instrument and in force inBangladesh or any portion thereof:]

(2) "act", used with reference to an offence or a civilwrong, shall include a series of acts, and words whichrefer to acts done extend also to illegal omissions:

4[ (2a) "Advocate" means a person enrolled as suchunder the Bangladesh Legal Practitioners and Bar CouncilOrder, 1972 (P. O. No. 46 of 1972):]

(3) "affidavit" shall include affirmation and declaration inthe case of persons by law allowed to affirm or declareinstead of swearing:

5[ (3a) "Appellate Division" means-

(a) as respects the period before the 16th day ofDecember, 1972, the Appellate Division of the High Courtof Bangladesh; and

(b) as respects any period thereafter the AppellateDivision of the Supreme Court of Bangladesh constitutedunder the Constitution:]

6[ * * *]

7[ * * *]

8[ (8aa) "Bangladesh Law" shall mean any Act,Ordinance, Regulation, rule, Order or bye-law in force inBangladesh:]

9[ * * *]

(9) "Chapter" shall mean a Chapter of the Act orRegulation in which the word occurs:

10[ (9a) "Chief Revenue Authority" shall mean theNational Board of Revenue constituted under the NationalBoard of Revenue Order, 1972 (P. O. No. 76 of 1972:]

11[ (9aa) "Chittagong Metropolitan Area" means theChittagong Metropolitan Area as defined in theChittagong Metropolitan Police Ordinance, 1978 (Ord.XLVIII of 1978):]

(10) "Collector" shall mean the chief officer in charge ofthe revenue administration of a District and shall includea Deputy Commissioner, of such District:

12[ * * *]

(12) "commencement", used with reference to an Act orRegulation, shall mean the day on which the Act orRegulation comes into force:

(13) "Commissioner" shall mean the chief officer incharge of the revenue-administration of a division andshall include an Additional Commissioner of such division:

13[ (13a) "Constitution" means the Constitution of thePeople's Republic of Bangladesh:]

(14) "Consular officer" shall include consul-general,consul, vice-consul, consular agent, pro-consul and anyperson for the time being authorized to perform theduties of consul-general, consul, vice-consul or consularagent:

14[ (14a) "Dhaka Metropolitan Area" means the DaccaMetropolitan Area as defined in the Dacca MetropolitanPolice Ordinance, 1976 (Ord. III of 1976):]

(15) "District Judge" shall mean the Judge of a principalCivil Court of original jurisdiction, but shall not include15[ the High Court Division] in the exercise of its ordinaryor extraordinary original civil jurisdiction:

(16) "document" shall include any matter written,expressed or described upon any substance by means ofletters, figures or marks, or by more than one of thosemeans which is intended to be used, or which may beused, for the purpose of recording that matter:

16[ * * *]

(17) "enactment" shall include a Regulation (ashereinafter defined) 17[ * * *] and shall also include anyprovision contained in any Act or in any such Regulationas aforesaid:

(18) "father", in the case of any one whose personal lawpermits adoption, shall include an adoptive father:

18[ (19) "financial year" shall mean the year commencing

on the first day of July and ending on the 30th day ofJune:]

(20) a thing shall be deemed to be done in "good faith"where it is in fact done honestly, whether it is donenegligently or no:

19[ (21) "Government" or "the Government" shall mean-

(a) in relation to anything done before the 26th day ofMarch 1971, any Government which functioned within theterritories now comprised in Bangladesh; and

(b) in relation to anything done or to be done after the25th day of March, 1971, the Government of the People'sRepublic of Bangladesh:]

20[ (21a) "Government contracts" and equivalentexpressions shall include contracts made in the exerciseof the executive authority of the People's Republic ofBangladesh:

(21b) "Government debts" and equivalent expressionsshall include debts due to the Government of thePeople's Republic of Bangladesh and any debt due to anyGovernment that functioned within the territories nowcomprised in Bangladesh:

(21c) "Government Grants" shall include a grant(including a transfer of land or of any interest therein ora payment of any money) made by or on behalf of theGovernment of the People's Republic of Bangladesh andbefore the 26th day of March, 1971, by or on behalf ofany Government that functioned within the territories nowcomprised in Bangladesh:

(21d) "Government liabilities" and equivalent expressionsshall include the liabilities of the Government of thePeople's Republic of Bangladesh and only such liabilitiesincurred by any other Government that at any timefunctioned in the territories now comprised inBangladesh, as have been expressly accepted by thePeople's Republic of Bangladesh:

(21e) "Government Property" and equivalent expressions

shall include any property vested in, or otherwise heldfor the purposes of the Government of the People'sRepublic of Bangladesh and property which, before the26th day of March, 1971, vested in any Government thatfunctioned within the territories now comprised inBangladesh:

(22) "Government securities" shall mean securities of theGovernment of the People's Republic of Bangla-desh:]

(23) [Repealed by section 3 and Schedule II of theRepealing and Amending Act, 1919 (Act No. XVIII of1919).]

21[ (24) "High Court" shall, as respect any period beforethe 16th day of December, 1972, mean the High Court ofBangladesh and as respect any period before the 26thday of March, 1971, the High Court that functionedwithin the territories now comprised in Bangladesh:]

22[ (24a) "High Court Division" shall mean the HighCourt Division of the Supreme Court of Bangladeshconstituted under the Constitution:]

(25) "immoveable property" shall include land, benefits toarise out of land, and things attached to the earth, orpermanently fastened to anything attached to the earth:

(26) "imprisonment" shall mean imprisonment of eitherdescription as defined in the 23[ * * *] Penal Code:

24[ (26a) "Khulna Metropolitan Area" means the KhulnaMetropolitan Area as defined in the Khulna MetropolitanPolice Ordinance, 1985 (Act No. LII of 1985):]

25[ * * *]

26[ (28) "Local authority" shall mean and include a PauraShava, Zilla Board, Union Panchayet, Board of Trustees ofa port or other authority legally entitled to, or entrustedby the Government with, the control or management of amunicipal or local fund, or any corporation or other bodyor authority constituted or established by theGovernment under any law:]

(31) "Magistrate" shall include every person exercising allor any of the powers of a Magistrate under the Code ofCriminal Procedure for the time being in force:

(32) "master", used with reference to a ship, shall meanany person (except a pilot or harbour-master) having forthe time being control or charge of the ship:

27[ (32a) "Metropolitan Area" means the ChittagongMetropolitan Area or the 28[ Dhaka Metropolitan Area orthe Khulna Metropolitan Area] 29[ or রাজশাহী মহানগরীপুিলশ আইন, ১৯৯২ (১৯৯২ সেনর ২৩নং আইন) এর �থমতফিসেল বিণ�ত এলাকা] 30[ or িসেলট মহানগরী পুিলশ আইন,২০০৯ (২০০৯ সেনর ২৩ নং আইন) এর �থম তফিসেল বিণ�তএলাকা ] 31[ or মহানগরী পুিলশ আইন, ২০০৯ (২০০৯ সেনর ২৪নং আইন) এর �থম তফিসেল বিণ�ত এলাকা] :]

(33) "month" shall mean a month reckoned according to

the British calendar:

(34) "moveable property" shall mean property of everydescription, except immoveable property:

32[ * * *]

(36) "oath" shall include affirmation and declaration inthe case of persons by law allowed to affirm or declareinstead of swearing:

(37) "offence" shall mean any act or omission madepunishable by any law for the time being in force:

33[ (37a) "Official Gazette" or "Gazette" shall mean theBangladesh Gazette:

(37b) "Parliament" shall mean the Parliament forBangladesh, known as the House of the Nation:]

(38) "Part" shall mean a Part of the Act or Regulation inwhich the word occurs:

(39) "person" shall include any company or associationor body of individuals, whether incorporated or not:

34[ (39a) "Police Commissioner" means the PoliceCommi-ssioner appointed under the Dacca MetropolitanPolice Ordinance, 1976 (Ord. III of 1976), or theChittagong Metropolitan Police Ordinance, 1978 (Ord.XLVIII of 1978), 35[ or the Khulna Metropolitan PoliceOrdinance, 1985 (LII of 1985),] and includes anAdditional Police Commissioner, a Deputy PoliceCommissioner and an Assistant Police Commissionerappointed under any of those Ordinances 36[ or রাজশাহীমহানগরী পুিলশ আইন, ১৯৯২ (১৯৯২ সেনর ২৩নং আইন) এরঅধীন িনযু� পুিলশ কিমশনার এবং উ� আইেনর অধীন িনযু�অিতির� পুিলশ কিমশনার, উপ-পুিলশ কিমশনার ও সহকারীপুিলশ কিমশনার ইহার অন ভ◌র্ূ� হইেব 37[ or িসেলট মহানগরীপুিলশ আইন, ২০০৯ (২০০৯ সেনর ২৩ নং আইন) এর অধীনিনযু� পুিলশ কিমশনার এবং উ� আইেনর অধীন িনযু্� অিতির�পুিলশ কিমশনার, যু�-পুিলশ কিমশনার, উপ-পুিলশ কিমশনার,অিতির� উপ-পুিলশ কিমশনার, িসিনয়র সহকারী পুিলশ কিমশনারও সহকারী পুিলশ কিমশনার ইহার অ�ভ�� হইেব ] 38[ orবিরশাল মহানগরী পুিলশ আইন, ২০০৯ (২০০৯ সেনর ২৪ নংআইন) এর অধীন িনযু� পুিলশ কিমশনার এবং উ� আইেনরঅধীন িনযু্� অিতির� পুিলশ কিমশনার, যু�-পুিলশ কিমশনার,উপ-পুিলশ কিমশনার, অিতির� উপ-পুিলশ কিমশনার, িসিনয়রসহকারী পুিলশ কিমশনার ও সহকারী পুিলশ কিমশনার ইহারঅ�ভ�� হইেব ]:]

39[ * * *]

(44) "Public nuisance" shall mean a public nuisance asdefined in the 40[ * * *] Penal Code:

41[ * * *]

42[ (44b) "the President" means the President ofBangladesh elected under the Constitution or any personfor the time being acting in that office: ]

(45) "registered", used with reference to a document,

shall mean registered in 43[ * * *] under the law for thetime being in force for the registration of documents:

44[ (46) "Regulation" shall mean a Regulation made byany person or authority empowered under anyconstitutional instrument and in force in Bangladesh:]

45[ (46a) "the Republic" means the People's Republic ofBangladesh:]

(47) "rule" shall mean a rule made in exercise of apower conferred by any enactment, and shall include aregulation made as a rule under any enactment:

(48) "schedule" shall mean a schedule to the Act orRegulation in which the word occurs:

46[ * * *]

(50) "section" shall mean a section of the Act orRegulation in which the word occurs:

47[ (50a) "the service of the Republic" means anyservice, post or office whether in a civil or militarycapacity, in respect of the Government of Bangladesh,and any other service declared by law to be a service ofthe Republic:]

(51) "ship" shall include every description of vessel usedin navigation not exclusively propelled by oars:

(52) "sign", with its grammatical variations and cognateexpressions, shall, with reference to a person who isunable to write his name, include "mark", with itsgrammatical variations and cognate expressions:

48[ * * *]

(53) "son" in the case of any one whose personal lawpermits adoption, shall include an adopted son:

(54) "sub-section" shall mean a sub-section of thesection in which the word occurs:

[(54a) "suits by or against the Government" andequivalent expressions shall include suits by or againstBangladesh:]

(55) "swear", with its grammatical variation and cognateexpressions, shall include affirming and declaring in thecase of persons by law allowed to affirm or declareinstead of swearing:

[* * *]:

(56) "vessel" shall include any ship or boat or any otherdescription of vessel used in navigation:

(57) "will" shall include a codicil and every writingmaking a voluntary posthumous disposition of property:

(58) expressions referring to "writing" shall be construedas including references to printing, lithography,

photography and other modes of representing orreproducing words in a visible form: and

(59) "year" shall mean a year reckoned according to theBritish calendar.

Application offoregoing definitionsto previousenactments

4. (1) The definitions in section 3 of the following wordsand expressions, that is to say, "affidavit", 49[ advocate],"District Judge", "father", "immoveable property","imprisonment", "Magistrate", "month", "moveableproperty", "oath", "person", "section", "son", "swear","will" and "year" apply also, unless there is anythingrepugnant in the subject or context, to all 50[ Acts ofParliament] made after the third day of January, 1868,and to all Regulations made on or after the fourteenthday of January, 1887.

(2) The definitions in the said section of the followingwords and expressions, that is to say, "abet", "Chapter","commencement", "financial year", "local authority","master", "offence", "part", "public nuisance","registered", "schedule", "ship", "sign", "sub-section" and"writing" apply also, unless there is anything repugnantin the subject or context, to all 51[ Acts of Parliament]and Regulations made on or after the fourteenth day ofJanuary, 1887.

Application ofcertain definitions toall Bangladesh laws

52[ 4A. (1) The definitions in section 3 of the expressions

53[ * * *] 54[ Act of Parliament] 55[ * * *] "Chief RevenueAuthority", "Gazette", "Government", "Governmentcontracts", "Government debts", "Government grants","Government liabilities", "Government property","Government securities", "High Court", 56[ High CourtDivision"] 57[ * * *], "official Gazette", 58[ Bangladeshlaws] 59[ * * *] and "suits by or against Government"apply also, unless there is anything repugnant in thesubject or context, to all 60[ Bangladesh laws].

(2) In any 61[ Bangladesh law], references to the 62[Government] in any provision conferring power to makeappointments to the civil services of, or civil posts under,the

63[ Government] include references to such person as the64[ Government] may direct, and in any provisionconferring power to make rules prescribing the conditionsof service of persons serving the 65[ Government] in acivil capacity include references to any person authorizedby the 66[ Government] to make rules for the purpose.

(3) The references in any 67[ Bangladesh law] toservants of or under, or to service of or under, 68[ theGovernment], to property of, or belonging to, or vested

in, the 69[ Government], and to forfeitures to 70[ theGovernment] shall be construed as referencesrespectively to persons in the service of the 71[Government], to the service of the Government, toproperty vested in the Government and to forfeitures tothe Government.]

GENERAL RULES OF CONSTRUCTION

Coming intooperation ofenactments

5. 72[ (1) Where any Act of Parliament is not expressedto come into operation on any particular day, then itshall come into operation, (a) in the case of an Act ofParliament to which this Act was applicable before the26th day of March, 1971, on the date on which itreceives the assent; and

(b) in the case of any other Act of Parliament, the dayon which the assent is first published in the officialGazette;]

(2) 73[ Omitted by the Central Laws Order, 1961, Article2 and Schedule.]

(3) Unless the contrary is expressed, [an Act ofParliament] or Regulation shall be construed as cominginto operation immediately on the expiration of the daypreceding its commencement.

[Omitted] 5A. [Omitted by the Schedule of the Pakistan (Adaptationof Existing Pakistan Laws) Order, 1947 (GovernorGeneral's Order 20 of 1947).]

Effect of repeal 6. Where this Act, or any 74[ Act of Parliament] orRegulation made after the commencement of this Act,repeals any enactment hitherto made or hereafter to bemade, then, unless a different intention appears, therepeal shall not-

(a) revive anything not in force or existing at the time atwhich the repeal takes effect; or

(b) affect the previous operation of any enactment sorepealed or anything duly done or suffered thereunder; or

(c) affect any right, privilege, obligation or liabilityacquired, accrued or incurred under any enactment sorepealed; or

(d) after any penalty, forfeiture or punishment incurred inrespect of any offence committed against any enactmentso repealed; or

(e) affect any investigation, legal proceeding or remedy inrespect of any such right, privilege, obligation, liability,

penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedymay be instituted, continued or enforced, and any suchpenalty, forfeiture or punishment may be imposed as ifthe repealing Act or Regulation had not been passed.

Repeal of Actmaking textualamendment in Act orRegulation

6A. Where any 75[ Act of Parliament] or Regulation madeafter the commencement of this Act repeals anyenactment by which the text of any 76[ Act ofParliament] or Regulation was amended by the expressomission, insertion or substitution of any matter, then,unless a different intention appears, the repeal shall notaffect the continuance of any such amendment made bythe enactment so repealed and inoperation at the time ofsuch repeal.

Revival of repealedenactments

7.(1) In any 77[ Act of Parliament] or Regulation madeafter the commencement of this Act, it shall benecessary, for the purpose of reviving, either wholly orpartially, any enactment wholly or partially repealed,expressly to state that purpose.

(2) This section applies also to all 78[ Acts of Parliament]made after the third day of January, 1868, and to allRegulations made on or after the fourteenth day ofJanuary, 1887.

Construction ofreferences torepealedenactments

8. (1) Where this Act, or any 79[ Act of Parliament] orRegulation made after the commencement of this Act,repeals and re-enacts, with or without modification, anyprovision of a former enactment, then references in anyother enactment or in any instrument to the provision sorepealed shall, unless a different intention appears, beconstrued as references to the provision so re-enacted.

(2) [Omitted by Article 9 of the General Clauses(Amendment) Order, 1972 (President's Order No. 147 of1972).]

Commencement andtermination of time

9. (1) In any 80[ Act of Parliament] or Regulation madeafter the commencement of this Act, it shall be sufficient,for the purpose of excluding the first in a series of daysor any other period of time, to use the word "from", and,for the purpose of including the last in a series of daysor any other period of time, to use the word "to".

(2) This section applies also to all 81[ Acts of Parliament]

made after the third day of January, 1868, and to allRegulations made on or after the fourteenth day ofJanuary, 1887.

Computation of time 10. (1) Where, by any 82[ Act of Parliament] orRegulation made after the commencement of this Act,any act or proceeding is directed or allowed to be doneor taken in any Court or office on a certain day or withina prescribed period, then, if the Court or office is closedon that day or the last day of the prescribed period, theact or proceeding shall be considered as done or takenin due time if it is done or taken on the next dayafterwards on which the Court or office is open:

Provided that nothing in this section shall apply to anyact or proceeding to which the 83[ * * *] Limitation Act,1877, applies.

(2) This section applies also to all 84[ Acts of Parliament]and Regulations made on or after the fourteenth day ofJanuary, 1887.

Measurement ofdistances

11. In the measurement of any distance, for thepurposes of any 85[ Act of Parliament] or Regulationmade after the commencement of this Act, that distanceshall, unless a different intention appears, be measured ina straight line on a horizontal plane.

Duty to be taken prorata in enactments

12. Where, by any enactment now in force or hereafterto be in force, any duty of customs or excise, or in thenature thereof, is leviable on any given quantity, byweight, measure or value of any goods or merchandize,then a like duty is leviable according to the same rate onany greater or less quantity.

Gender and number 13. In all 86[ Acts of Parliament] and Regulations, unlessthere is anything repugnant in the subject or context,-

(1) words importing the masculine gender shall be takento include females; and

(2) words in the singular shall include the plural, andvice versa.

[Omitted] 13A. [Omitted by the Central Laws Order, 1961, Article 2and Schedule.]

POWES AND FUNCTIONARIES

Powers conferred tobe exercisable fromtime to time

14. (1) Where, by any 87[ Act of Parliament] orRegulation made after the commencement of this Act,any power is conferred then, unless a different intentionappears, that power may be exercised from time to timeas occasion requires.

(2) This section applies also to all 88[ Acts of Parliament]and Regulations made on or after the fourteenth day ofJanuary, 1887.

Power to appoint toinclude power toappoint ex-officio

15. Where, by any 89[ Act of Parliament] or Regulation, apower to appoint any person to fill any office or executeany function is conferred, then, unless it is otherwiseexpressly provided, any such appointment, if it is madeafter the commencement of this Act, may be made eitherby name or by virtue of office.

Power to appoint toinclude power tosuspend or dismiss

16. Where, by any 90[ Act of Parliament] or Regulation, apower to make any appointment is conferred, then unlessa different intention appears, the authority having for thetime being power to make the appointment shall alsohave power to suspend or dismiss any person appointedwhether by itself of any other authority in exercise ofthat power.

Substitution offunctionaries

17. (1) In any 91[ Act of Parliament] or Regulation madeafter the commencement of this Act, it shall be sufficient,for the purpose of indicating the application of a law toevery person or number of persons for the time beingexecuting the functions of an office, to mention theofficial title of the officer at present executing thefunctions, or that of the officer by whom the functionsare commonly executed.


Successors 18. (1) In any 93[ Act of Parliament] or Regulation madeafter the commencement of this Act, it shall be sufficient,for the purpose of indicating the relation of a law to thesuccessors of any functionaries or of corporations havingperpetual succession, to express its relation to thefunctionaries or corporations.


Official chiefs andsubordinates

19.(1) In any 95[ Act of Parliament] or Regulation madeafter the commencement of this Act, it shall be sufficient,for

the purpose of expressing that a law relative to the chiefor superior of an office shall apply to the deputies orsubordinates lawfully performing the duties of that officein the place of their superior, to prescribe the duty of thesuperior.


PROVISION AS TO ORDERS, RULES, ETC., MADEUNDER ENACTMENTS

Construction oforders, etc, issuedunder enactments

20. Where, by any 97[ Act of Parliament] or Regulation, apower to issue any notification, order, scheme, rule, formor bye-law is conferred, then expressions used in thenotification, order, scheme, rule, form or bye-law, if it ismade after the commencement of this Act, shall, unlessthere is anything repugnant in the subject or context,have the same respective meanings as in the Act orRegulation conferring the power.

Power to make toinclude power toadd to, amend, varyor rescind, orders,rules or bye-laws

21. Where, by any 98[ Act of Parliament] or Regulation, apower to issue notifications, orders, rules, or bye-laws isconferred, then that power includes a power, exercisablein the like manner and subject to the like sanction andconditions (if any), to add to, amend, vary or rescind anynotifications, orders, rules or bye-laws so issued.

Making of rules orbye-laws and issuingof orders betweenpassing and

22. Where, by any 99[ Act of Parliament] or Regulationwhich is not to come into force immediately on thepassing

commencement ofenactment thereof, a power is conferred to make rules or bye-laws,

or to issue orders with respect to the application of theAct or Regulation, or with respect to the establishment ofany Court or office or the appointment of any Judge orofficer thereunder, or with respect to the person bywhom, or the time when, or the place where, or themanner in which, or the fees for which, anything is to bedone under the Act or Regulation, then that power maybe exercised at any time after the passing of the Act orRegulation; but rules, bye-laws or orders so made orissued shall not take effect till the commencement of theAct or Regulation.

Provisionsapplicable to makingof rules or bye-lawsafter previouspublication

23. Where, by any 100[ Act of Parliament] or Regulation,

a power to make rules or bye-laws is expressed to begiven subject to the condition of the rules or bye-lawsbeing made after previous publication, then the followingprovisions shall apply, namely:-

(1) the authority having power to make the rules orbye-laws shall, before making them, publish a draft of theproposed rules or bye-laws for the information of personslikely to be affected thereby;

(2) the publication shall be made in such manner as thatauthority deems to be sufficient, or, if the condition withrespect to previous publication so requires, in suchmanner as the 101[ Government] prescribes;

(3) there shall be published with the draft a noticespecifying a date on or after which the draft will betaken into consideration;.

(4) the authority having power to make the rules orbye-laws, and, where the rules or bye-laws are to bemade with the sanction, approval or concurrence ofanother authority, that authority also, shall consider anyobjection or suggestion which may be received by theauthority having power to make the rules or bye-lawsfrom any person with respect to the draft before the dateso specified;

(5) the publication in the official Gazette of a rule orbye-law purporting to have been made in exercise of apower to make rules or bye-laws after previouspublication shall be conclusive proof that the rule orbye-law has been duly made.

Continuation oforders, etc, issuedunder enactmentsrepealed andre-enacted

24. Where any 102[ Act of Parliament] or Regulation is,after the commencement of this Act, repealed andre-enacted with or without modification, then, unless it isotherwise expressly provided, any appointment,notification, order, scheme, rule, form or bye-law made orissued under the repealed Act or Regulation, shall, so far

as it is not inconsistent with the provisions re-enacted,continue in force, and be deemed to have been made orissued under the provisions so re-enacted, unless anduntil it is superseded by any appointment, notification],order, scheme, rule, form or bye-law made or issuedunder the provisions so re-enacted 103[ * * *].

MISCELLANEOUS

Recovery of fines 25. Sections 63 to 70 of the 104[ * * *] Penal Code andthe provisions of the Code of Criminal Procedure for thetime being in force in relation to the issue and theexecution of warrants forthe levy of fines shall apply toall fines imposed under any Act, Regulation, rule orbye-law unless the Act, Regulation, rule or bye-lawcontains an express provision to the contrary.

Provision as tooffences punishableunder two or moreenactments

26. Where an act or omission constitutes an offenceunder two or more enactments, then the offender shallbe liable to be prosecuted and punished under either orany of those enactments, but shall not be liable to bepunished twice for the same offence.

Meaning of serviceby post

27. Where any 105[ Act of Parliament] or Regulationmade after the commencement of this Act authorizes orrequires any document to be served by post, whether theexpression "serve" or either of the expressions "give" or"send" or any other expression is used, then, unless adifferent intention appears, the service shall be deemedto be effected by properly addressing, pre-paying andposting by registered post, a letter containing thedocument, and, unless the contrary is proved, to havebeen effected at the time at which the letter would bedelivered in the ordinary course of post.

Citation ofenactments

28. (1) In any 106[ Act of Parliament] or Regulation, andin any rule, bye-law, instrument or document, madeunder, or with reference to, any such Act or Regulation,any enactment may be cited by reference to the 107[short title or Bengali translation thereof] conferredthereon or by reference to the number and year thereof,and any provision in an enactment may be cited byreference to the section or sub-section of the enactmentin which the provision is contained. (2) In this Act and inany 108[ Act of Parliament] or Regulation made after thecommencement of this Act, a description or citation of aportion of another enactment shall, unless a differentintention appears, be construed as including the word,section or other part mentioned or referred to as formingthe beginning and as forming the end of the portion

comprised in the description or citation.

Saving for previousenactments, rulesand bye-laws

29. The provisions of this Act respecting the constructionof Acts, Regulations, rules or bye-laws made after thecommencement of this Act shall not affect theconstruction of any Act, Regulation, rule or bye-law madebefore the commencement of this Act, although the Act,Regulation, rule or bye-law is continued or amended byan Act, Regulation, rule or bye-law made after thecommencement of this Act.

Application of Act toOrdinances

30. In this Act the expression 109[ Act of Parliament]wherever it occurs, except in section 5, and the word"Act" in clauses (9), (12), (38), (48) and (50) of section3 and in section 25 shall be deemed to include anOrdinance made and promulgated by 110[ any personhaving authority to legislate under any constitutionalprovision or by the President of Bangladesh under theConstitution].

[Repealed] 30A. [Repealed by the Government of India (Adaptationof Indian Laws) Order, 1937.]

Application of Act toOrders made by thePresident

111[ 31. The provisions of this Act shall apply for theinterpretation of any Order made by the President oracting President of Bangladesh, and for the interpretationof any Presidential Order made before the 26th day ofMarch, 1971, and in force in Bangladesh, as they applyfor the interpretation of an Act of Parliament, as if anysuch Order were an Act of Parliament.].

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

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

5 Clause (3a) was substituted, for clause (3a) by Article 4 of the General Clauses (Amendment)

Order, 1972 (President`s Order No. 147 of 1972).

6 Clauses (3b), (3c), (3d), (4), (5), (6), (7) and (8) were omitted by Article 4 of the GeneralClauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

7 Clause (8a) was repealed by section 3 and Schedule II of the Federal Laws (Revision andDeclaration) Act, 1951 (Act No. XXVI of 1951).

8 Clause (8aa) was substituted, for Clause (8aa) by Article 4 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).

9 Clauses (8ab) and (8ac) were omitted by Article 4 of the General Clauses (Amendment) Order,1972 (President`s Order No. 147 of 1972).


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

12 Clause (11) was omitted by Article 4 of the General Clauses (Amendment) Order, 1972(President`s Order No. 147 of 1972).


14 Clause (14a) was inserted by Schedule of the Dacca Metropolitan Police (Amendment)Ordinance, 1976 (Ordinance No. LXIX of 1976).

15 The words `the High Court Division` were substituted, for the words `a High Court` by Article 4of the General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

16 Clauses (16a), (16b) and (16c) were omitted by Article 4 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).

17 The words `and any Regulation of the Bengal, or Bombay Code` were omitted by Article 4 ofthe General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

18 Clause (19) was substituted, for clause (19), by Article 4 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).

19 Clause (21) was substituted, for clause (21) by Article 4 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).

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


22 Clause (24a) was inserted by Article 4 of the General Clauses (Amendment) Order, 1972(President`s Order No. 147 of 1972).


24 Clause (26a) was inserted by Schedule II of the Khulna Metropolitan Police Ordinance, 1985(Ordinance No. LII of 1985).

25 Clauses (27), (27b) and (27c) was omitted by Article 4 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).


27 Clause (32a) was inserted by Schedule III of the Chittagong Metropolitan Police Ordinance,1978 (Ordinance No. XLVIII of 1978).

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

29 The words, comma, figures and brackets òr ivRkvnx gnvbMix cywjk AvBb, 1992 (1992 সেনর২৩নং আইন) এর �থম তফিসেল বিণ�ত এলাকা ` were added by Schedule III of the RajshahiMetropolitan Police Act, 1992 (Act No. XXIII of 1992).

30 The words, comma, figures and brackets “or িসেলট মহানগরী পুিলশ আইন, ২০০৯ (২০০৯ সেনর ২৩ নংআইন) এর �থম তফিসেল বিণ�ত এলাকা" were added by section 115 of Sylhet Metropolitan Police Act,2009 (Act No. XXIII of 2009) (with effect from 15th October, 2006).

31 The words, comma, figures and brackets “or বিরশাল মহানগরী পুিলশ আইন, ২০০৯ (২০০৯ সেনর ২৪নং আইন) এর �থম তফিসেল বিণ�ত এলাকা" were added by section 115 of Barisal Metropolitan PoliceAct, 2009 (Act No. XXIV of 2009) (with effect from 15th October, 2006).

32 Clauses (34a1) and (34a) were omitted by Article 4 of the General clauses (Amendment) Order,1972 (President`s Order No. 147 of 1972).

33 Clauses (37a) and (37b) were substituted, for clauses (37a) and (37b) by Article 4 of theGeneral Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

34 Clause (39a) was substituted, for clause (39a) by Schedule III of the Chittagong MetropolitanPolice Ordinance, 1978 (Ordinance No. XLVIII of 1978).

35 The words, commas, figures and brackets òr the Khulna Metropolitan Police Ordinance, 1985(Ordinance No. LII of 1985),` were inserted by Schedule III of the Khulna Metropolitan PoliceOrdinance (Ordinance No. LII of 1985).

36 The words, comma, figures and brackets òr রাজশাহী মহানগরী পুিলশ আইন, ১৯৯২ (১৯৯২ সেনর২৩নং আইন) এর অধীন িনযু� পুিলশ কিমশনার এবং উ� আইেনর অধীন িনযু� অিতির� পুিলশ কিমশনার,উপ-পুিলশ কিমশনার ও সহকারী পুিলশ কিমশনার ইহার অন ভ◌র্ূ� হইেব ` were added by Schedule III ofthe Rajshahi Metropolitan Police Act, 1992 (Act No. XXIII of 1992).

37 The commas, words, figures and brackets “ or িসেলট মহানগরী পুিলশ আইন, ২০০৯ (২০০৯ সেনর ২৩নং আইন) এর অধীন িনযু� পুিলশ কিমশনার এবং উ� আইেনর অধীন িনযু্� অিতির� পুিলশ কিমশনার,যু�-পুিলশ কিমশনার, উপ-পুিলশ কিমশনার, অিতির� উপ-পুিলশ কিমশনার, িসিনয়র সহকারী পুিলশ কিমশনারও সহকারী পুিলশ কিমশনার ইহার অ�ভ�� হইেব" were added by section 115 of Sylhet MetropolitanPolice Act, 2009 (Act No. XXIII of 2009) (with effect from 15th October, 2006).

38 The commas, words, figures and brackets “or বিরশাল মহানগরী পুিলশ আইন, ২০০৯ (২০০৯ সেনর ২৪নং আইন) এর অধীন িনযু� পুিলশ কিমশনার এবং উ� আইেনর অধীন িনযু্� অিতির� পুিলশ কিমশনার,যু�-পুিলশ কিমশনার, উপ-পুিলশ কিমশনার, অিতির� উপ-পুিলশ কিমশনার, িসিনয়র সহকারী পুিলশ কিমশনারও সহকারী পুিলশ কিমশনার ইহার অ�ভ�� হইেব" were added by section 115 of Barisal MetropolitanPolice Act, 2009 (Act No. XXIV of 2009) (with effect from 15th October, 2006).

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


41 Clauses (44a1) and (44a) were omitted by Article 4 of the General Clauses (Amendment) Order,1972 (President`s Order No. 147 of 1972).

42 Clause (44b) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision AndDeclaration) Act, 1973 (Act No. VIII of 1973).

43 The words à Province` were omitted by Article 4 of the General Clauses (Amendment) Order,1972 (President`s Order No. 147 of 1972).

44 Clause (46) was substituted, for clause (46), by Article 4 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).

45 Clause (46a) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision AndDeclaration) Act, 1973 (Act No. VIII of 1973).

46 Clause (49) was omitted by Article 4 of the General Clauses (Amendment) Order, 1972(President`s Order No. 147 of 1972).


48 Clauses (55a), (56a) and (56aa) were omitted by Article 4 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).

49 The word àdvocate` was substituted, for the word `barrister`, by Article 5 of the GeneralClauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

50 The words Àcts of Parliament` were substituted, for the words `Central Acts` by the GeneralClauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

51 The words Àcts of Parliament` were substituted, for the words `Central Acts` by the GeneralClauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

52 Article 4A was inserted by Article 5 of the Government of India (Adaptation of Indian Laws)Order, 1937.

53 The words `British India`, `Central Government`, `Central Legislature` were omitted by Article6 of the General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

54 The words Àct of Parliament` were substituted, for the words `Central Act` by Article 6 of theGeneral Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

55 The words `British India`, `Central Government`, `Central Legislature` were omitted by Article6 of the General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

56 The words `High Court Division` were inserted by Article 6 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).

57 The words Ìndia`, Ìndian State`, and Provincial Government` were omitted by Article 6 of theGeneral Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

58 The words `Bangladesh Laws` were substituted, for the words `Pakistan laws` by Article 6 ofthe General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

59 The words Ìndia`, Ìndian State`, and Provincial Government` were omitted by Article 6 of theGeneral Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

60 The words `Bangladesh Laws` were substituted, for the words `Pakistan laws` by Article 6 ofthe General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

61 The words `Bangladesh Law` were substituted, for the words `Pakistan law` by Article 6 of theGeneral Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

62 The word `Government` was substituted, for the words `Provincial Government or the CentralGovernment` by Article 6 of the General Clauses (Amendment) Order, 1972 (President`s Order No.147 of 1972).

63 The word `Government` was substituted, for the word `State` by Article 6 of the GeneralClauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

64 The word `Government` was substituted, for the words and commas `Provincial Government orthe Central Government, as the case may be,` by Article 6 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).

65 The word `Government` was substituted, for the word `State` by Article 6 of the GeneralClauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

66 The word `Government` was substituted, for the words and commas `Provincial Government orthe Central Government, as the case may be,` by Article 6 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972).

67 The words `Bangladesh Law` were substituted, for the words `Pakistan Law` by Article 6 of theGeneral Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

68 The words `the Government` were substituted, for the words à Government or a Province` bythe General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

69 The word `Government` was substituted, for the words `Secretary of State in Council or aGovernment or a Province` by Article 6 of the General Clauses (Amendment) Order, 1972(President`s Order No. 147 of 1972).

70 The words `the Government` were substituted, for the words à Government or a Province` bythe General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

71 The word `Government` was substituted, for the word `State` by article 6 of the GeneralClauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).

72 Sub-section (1) was substituted, for sub-section (1) by Article 7 of the General Clauses(Amendment) Order, 1972 (President`s Order No. 147 of 1972)

73 The words àn Act of Parliament` were substituted, for the words à Central Act` by Article 7 ofthe General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972)

74 The words Àct of Parliament` were substituted, for the words `Central Act` by Article 8 of theGeneral Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972)



77 The words Àct of Parliament` were substituted, for the words `Central Act` by

78 The words Àcts of Parliament` were substituted, for the words `Central Acts` by the GeneralClauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972), Article 8.



81 The words Àcts of Parliament` were substituted, for the words `Central Acts` by the GeneralClauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972), Article 8.


83 The word Ìndian` was omitted by Article 10 of the General Clauses (Amendment) Order, 1972(President`s Order No. 147 of 1972).

84 The words Àcts of Parliament` were substituted, for the words `Central Acts` by Article 8 ofthe General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972).


86 The words Àcts of Parliament` were substituted, for the words `Central Acts` by Article 8 ofthe General Clauses (Amendment) Order, 1972 (President`s Order No. 147 of 1972)















101 The word `Government` was substituted, for the words `Central Government or the ProvincialGovernment` by Article 11 of the General Clauses (Amendment) Order, 1972 (President`s OrderNo. 147 of 1972).


103 The words, commas, letters and figures ànd when any Central Act or Regulation, which, by anotification under section 5 or 5A or the Scheduled Districts Act, 1874, or any like law, has beenextended to any local area, has, by a subsequent notification, been withdrawn from andre-extended to such area or any part thereof, the provisions of such Act or Regulation shall be

deemed to have been repealed and re-enacted in such area or part within the meaning of thissection` were omitted by Article 12 of the General Clauses (Amendment) Order, 1972 (President`sOrder No. 147 of 1972).

104 The word `Pakistan` was omitted by Article 13 of the General Clauses (Amendment) Order,1972 (President`s Order No. 147 of 1972)



107 The words `short title or Bengali translation thereof` were substituted, for the words `title orshort title (if any)` by Article 14 of the General Clauses (Amendment) Order, 1972 (President`sOrder No. 147 of 1972).



110 The words `any person having authority to legislate under any constitutional provision or bythe President of Bangladesh under the Constitution` were substituted, for the words, commas andfigures `the Governor-General under section 23 of the Indian Councils Act, 1861 or section 72 ofthe Government of India Act, 1915 or section 42 of the Government of India Act, 1935 or anOrdinance made and Promulgated by the President on or after the twenty-third day of March,1956` by Article 15 of the General Clauses (Amendment) Order, 1972 (President`s Order No. 147of 1972).

111 Section 31 was substituted, for section 31 by Article 16 of the General Clauses (Amendment)Order, 1972 (President`s Order No. 147 of 1972)

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THE GENERAL CLAUSES ACT, 1897 - Gaibandha...Government of the People's Republic of Bangla-desh:] (23) [Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1919