Gujarat General Clauses Act, 1904
[Act, No. 1 of 1904]1
[30th May, 1904]
Preamble
An Act for further shortening the language used in Bombay Acts, and for other purposes.
WHEREAS it is expedient further to shorten the language used in Bombay Acts, and to make certain other provisions relating to those Acts; It is hereby enacted as follows:-
Footnote:
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For Statement of Objects and Reasons, see Bombay Government Gazette, 1903, Part VII, pp. 5, 6; for Report of Select Committee, see Bombay Government Gazette, 1904., Part VII, p. 1, and for Proceedings in Council, see Bombay Government Gazette, 1903, Part VII, p. 130, Bombay Government Gazette Part VII, p. 42.
Section 1 - Short title
This Act may be called the 1[Gujarat] General Clauses Act, 1904.
Footnote:
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Substituted by the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the following: - "Bombay"
Section 1A - Extension of application of Act to Acts, rules, etc. made on or after the 1st day of November, 1956
1 [ 1 A. Extension of application of Act to Acts, rules, etc. made on or after the 1st day of November, 1956
The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the 2 State of Bombay passed, made or promulgated on or after the 1st day of November, 1956 and such provisions of this Act as relate to any notification, order, scheme, rule, by-law, or form shall apply also in relation to any notification, order, scheme, rule, by-law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date:
Provided that where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated on or after the 1st day of November, 1956 amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated before that date in relation to the territories transferred to the new 2[State of Bombay under clauses (b) to (e) of sub-section (1) of section 8 of the State Reorganisation Act, 1956[XXXVII of 1956], the law in force in these territories in respect of the interpretation of the law so amended shall apply to the amending law, and not the provisions hereinafter of this Act.]
Footnotes:
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Section 1A was inserted by Bombay 24 of 1957, section 2.
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The words "State of Bombay" stand unmodified vide Gujarat Adaptation of Laws (State and Concurrent subjects) Order, 1960.
Section 1B - Extension of application of Acts, rules, etc. of State of Gujarat
1 [1B. Extension of application of Acts, rules, etc. of State of Gujarat
The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the State of Gujarat passed, made or promulgated on or after the 1st day of May 1960 and such provisions of this Act as relate to any notification, order, scheme, rule, bylaw or form shall apply also in relation to any notification, order, scheme, rule, bylaw or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date:
Provided that, where any such Act, Regulation, Ordinance, notification, order, scheme, rule by-law or form passed, made or promulgated on or after that date amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated in relation to any territory of the State of Gujarat, not being the Bombay area of that State, the law in force in those territories in respect of the interpretation of the law so amended shall apply to the amending law, and not the provisions hereinafter of this Act.]
Footnote:
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Section 1B was inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Section 2 - Repeal
The Bombay Acts mentioned in the Schedule are repealed to the extent specified in the fourth column thereof.
Section 3 - Definitions
In this Act, and in all Bombay Acts 1[or Gujarat Acts] made after the commencement of this Act, 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(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) Bombay Act shall, mean an Act made by the 2 Governor of Bombay in Council under the 3 Indian Councils Act, 1861, or the Indian Councils Acts, 1861 and 1892 4 [or the Indian Councils Acts, 1861 to 1909, or the Government of India Act, 1915, or made by the local Legislature, or the Governor of the Presidency of Bombay under the Government of India Act, or by the Provincial Legislature, or the Governor of Bombay, under the Government of India Act, 1935], 5[ or made by the Legislature of the 6[ Pre-Reorganisation or reorganised 6[State of Bombay] under the Constitution];
7[8[(6) Bombay area of the State of Gujarat shall mean the area of the State of Gujarat excluding the Saurashtra area, and the Kutch area, of that State;]
(9) Chapter shall mean a chapter of the Act in which the word occurs;
9[********]
(11) Collector shall mean the 10[***] the chief officer in charge of the revenue administration of a district;
(12) commencement used with reference to an Act, shall mean the day on which the Act comes into force;
11[********]
(14) Consular Officer shall include consul-general, consul, vice-consul, consular agent, pro-consul and any person for the time being authorized to perform the duties of consul-general, consul, vice-consul or consular agent;
(15) District Judge shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include a High court in the exercise of its ordinary or extraordinary original civil jurisdiction;
(16) document shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, which is intended to be used, or which may be used, for the purpose of recording that matter;
(17) enactment shall include 12 *** any Regulation of the Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid;
(18) father, in the case of any one whose personal law permits adoption, shall include an adoptive father;
(19) financial year shall mean the year comencing on the first day of
April ;(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 not;
13 (21) Gujarat Act shall mean an act made on or after the 1st day of May, 1960 by the Legislature of the State of Gujarat under the Constitution;]
(22) High Court, used with reference to civil proceedings shall mean the highest Civil Court of appeal in the part of the Bombay Presidency 14 [ and after the 1st day of May, 1960 in the part of the State of Gujarat ] in which the Act containing the expression operates;
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(24) immoveable 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;
(25) Imprisonment shall mean imprisonment of either description as defined in the Indian Penal Code(XLV of 1860);
16 [(25A) Kutch area of the 17 State of Bombay shall mean the territories transferred to the new *State of Bombay under clause (e) of sub-section (1) of section 8 of the States Reorganisation Act, 1956 (XXXVII of 1956) 1 [ and after the 1st day of May 1960 the said territories which form part of the State of Gujarat shall be known as Kutch area of the State of Gujarat ];]
(26) local authority shall mean a municipal corporation, municipality, local board, body of port trustees or commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund;
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(28) Magistrate shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure (V of 1898) for the time being in force;
(29) 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;
(30) month shall mean a month reckoned according to the British calendar;
(31) moveable property shall mean property of every description, except immoveable property;
(32) oath shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(33) offence shall mean any act or omission made punishable by any law for the time being in force;
(34) part shall mean a part of the Act in which the word occurs;
(35) person shall include any company or association or body of individuals, whether incorpoarted or not;
19 (35A) pre-Re-organisation 17 State of Bombay shall mean--
(a) as respects any period before the commencement of the Constitution, the area comprised in the Province of Bombay;
(b) as respects any period after the commencement of the Constitution, the territories of the State of Bombay as specified in the First Schedule to the Constitution before the commencement of the States Re-organisation Act, 1956(XXXVII of 1956); ]
(36) public nuisance shall mean a public nuisance as defined in the Indian Penal Code (XLV of 1960);
20 [(37) 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.]
21[********]
(39) rule shall mean a rule made in exercise of a power conferred by any...
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