The General Clauses Act, 1897

(1) This Act may be called the General Clauses Act, 1897; 1*** 2*****

[Repeal.] Rep by the Repealing and Amending Act,1903 (1 of 1903), s. 4 and the Third Schedule.

1[3. Definitions.-- In this Act, and in all Central Acts and Regulations made after the commencementof 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 meaningas in the Indian Penal Code (45 of 1860); (2) "act", used with reference to an offence or a civil wrong, shall include a series of acts, andwords which refer to acts done extend also to illegal omissions; (3) "affidavit" shall include affirmation and declaration in the case of persons by law allowed toaffirm or declare instead of swearing; (4) "barrister" shall mean a barrister of England or Ireland, or a member of the Faculty ofAdvocates in Scotland; (5) "British India" shall mean, as respects the period before the commencement of Part III of theGovernment of India Act, 1935, all territories and places within His Majesty's dominions which werefor the time being governed by His Majesty through the Governor General of India or through anyGovernor or Officer subordinate to the Governor General of India, and as respects any period afterthat date and before the date of the establishment of the Dominion of India means all territories forthe time being comprised within the 'Governors Provinces and the Chief Commissioners' Provinces,except that a reference to British India in an Indian law passed or made before the commencement ofPart III of the Government of India Act, 1935, shall not include a reference to Berar; (6) "British possession" shall mean any part of Her Majesty's dominions exclusive of the UnitedKingdom, and where parts of those dominions are under both a Central and a Local Legislature, allparts under the Central Legislature shall, for the purposes of this definition, be deemed to be oneBritish possession; (7) "Central Act" shall means an Act of Parliament, and shall include-- (a) an Act of the Dominion Legislature or of the Indian Legislature passed before thecommencement of the Constitution, and (b) an Act made before such commencement by the Governor General in Council or theGovernor General, acting in a legislative capacity; (8) "Central Government" shall--, (a) in relation to anything done before the commencement of the Constitution, mean theGovernor General or the Governor General in Council, as the case may be; and shall include,-- (i) in relation to functions entrusted under sub-section (1) of section 124 of theGovernment of India Act, 1935, to the Government of a Province, the Provincial Governmentacting within the scope of the authority given to it under that subsection; and (ii) in relation to the administration of a Chief Commissioner's Province, the ChiefCommissioner acting within the scope of the authority given to him under sub-section (3)of section 94 of the said Act; and (b) in relation to anything done or to be done after the commencement of the Constitution,mean the President; and shall include,-- (i) in relation to functions entrusted under clause (1) of article 258 of the Constitution, tothe Government of a State, the State Government acting within the scope of the authoritygiven to it under that clause; 2*** (ii) in relation to the administration of a Part C State 3[before the commencement of theConstitution (Seventh Amendment) Act, 1956], the Chief Commissioner or the Lieutenant Governor or the Government of a neighbouring State or other authority acting within thescope of the authority given to him or it under article 239 or article 243 of the Constitution, asthe case may be; 3[and (iii) in relation to the administration of a Union territory, the administrator thereof actingwithin the scope of the authority given to him under article 239 of the Constitution;] (9) "Chapter" shall mean a Chapter of the Act or Regulation in which the word occurs; (10) "Chief Controlling Revenue Authority" or "Chief Revenue Authority" shall mean-- (a) in a State where there is a Board of Revenue, that Board; (b) in a State where there is a Revenue Commissioner, that Commissioner; (c) in Punjab, the Financial Commissioner; and (d) elsewhere, such authority as, in relation to matters enumerated in List I in the SeventhSchedule to the Constitution, the Central Government, and in relation to other matters, the StateGovernment, may by notification in the Official Gazette, appoint; (11) "Collector" shall mean, in a Presidency-town, the Collector of Calcutta, Madras or Bombay,as the case may be, and elsewhere the chief officer-in-charge of the revenue-administration of adistrict; (12) "Colony"-- (a) in any Central Act passed after the commencement of Part III of the Government of IndiaAct, 1935, shall mean any part of His Majesty's dominions exclusive of the British Islands, the Dominions of India and Pakistan (and before the establishment of those Dominions, BritishIndia), any Dominions as defined in the Statute of Westminister, 1931, any Province or Stateforming part of any of the said Dominions, and British Burma; and (b) in any Central Act passed before the commencement of Part III of the said Act, mean anypart of His Majesty's dominions exclusive of the British Islands and of British India; and in either case where parts of those dominions are under both a Central and Local Legislature, allparts under the Central Legislature shall, for the purposes of this definition, be deemed to be onecolony. (13) "Commencement" used with reference to an Act or Regulation, shall mean the day on whichthe Act or Regulation comes into force; (14) "Commissioner" shall mean the chief officer-in-charge of the revenue administration of adivision; (15) "Constitution" shall mean the Constitution of India; (16) "Consular officer" shall include consul-general, consul, vice-consul, consular agent, proconsul and any person for the time being authorised to perform the duties of consul-general, consul,vice-consul or consular agent; (17) "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, butshall not include a High Court in the exercise of its ordinary or extraordinary original civiljurisdiction; (18) "document" shall include any matter written, expressed or described upon any substance bymeans 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; (19) "enactment" shall include a Regulation (as hereinafter defined) and any Regulation of theBengal, Madras or Bombay Code, and shall also include any provision contained in any Act or in anysuch Regulation as aforesaid; (20) "father", in the case of any one whose personal law permits adoption, shall include anadoptive father; (21) "financial" year shall mean the year commencing on the first day of April; (22) a thing shall be deemed to be done in "good faith" where it is in fact done honestly, whetherit is done negligently or not; (23) "Government" or "the Government" shall include both the Central Government and anyState Government; (24) "Government securities" shall mean securities of the Central Government or of any StateGovernment, but in any Act or Regulation made before the commencement of the Constitution shallnot include securities of the Government of any Part B State; (25) "High Court", used with reference to civil proceedings, shall mean the highest Civil Court ofappeal (not including the Supreme Court) in the part of India in which the Act or Regulationcontaining the expression operates; (26) "immovable property" shall include land, benefits to arise out of land, and things attached tothe earth, or permanently fastened to anything attached to the earth; (27) "imprisonment" shall mean imprisonment of either description as defined in the Indian PenalCode (45 of 1860); (28) "India" shall mean,-- (a) as respects any period before the establishment of the Dominion of India, British Indiatogether with all territories of Indian Rulers then under the suzerainty of His Majesty, allterritories under the suzerainty of such an Indian Ruler, and the tribal areas; (b) as respects any period after the establishment of the Dominion of India and before thecommencement of the Constitution, all territories for the time being included in that Dominion;and (c) as respects any period after the commencement of the Constitution , all territories for thetime being comprised in the territory of India; (29) "Indian law" shall mean any Act, Ordinance, Regulation, rule, order, bye-law or otherinstrument which before the commencement of the Constitution, had the force of law in any Provinceof India or part thereof, or thereafter has the force of law in any Part A State or Part C State or Partthereof, but does not include any Act of Parliament of the United Kingdom or any Order in Council,rule or other instrument made under such Act; (30) "Indian State" shall mean any territory which the Central Government recognised as such aState before the commencement of the Constitution, whether described as a State, an Estate, a Jagiror otherwise; (31) "local authority" shall mean a municipal committee, district board, body of portCommissioners or other authority legally entitled to, or entrusted by the Government with, the controlor management of a municipal or local fund; (32) "Magistrate" shall include every person exercising all or any of the powers of a Magistrateunder the Code of Criminal Procedure for the time being in force; (33) "master", used with reference to a ship, shall mean, any person (except a pilot or harbourmaster) having for the time being control or charge of the ship; (34) "merged territories" shall mean the territories which by virtue of an order made under section290A of the Government of India Act, 1935, were immediately before the commencement of theConstitution being administered as if they formed part of a Governor's Province or as if they were aChief Commissioner's Province; (35) "month" shall mean a month reckoned according to the British calendar; (36) "movable property" shall mean property of every description, except immovable property; (37) "oath" shall include affirmation and declaration in the case of persons by law allowed toaffirm or declare instead of swearing; (38) "offence" shall mean any act or omission made punishable by any law for the time being inforce; (39) "official Gazette" or "Gazette" shall mean the Gazette of India or the Official Gazette of aState; (40) "Part" shall mean a part of the Act or Regulation in which the word occurs; (41) "Part A State" shall mean a State for the time being specified in Part A of the First Scheduleto the Constitution, 4[as in force before the Constitution (Seventh Amendment) Act, 1956], "Part BState" shall mean a State for the time being specified in Part B of that Schedule and "Part C" Stateshall mean a State for the time being specified in Part C of that Schedule or a territory for the timebeing administered by the President under the provisions of article 243 of the Constitution; (42) "person" shall include any company or association or body of individuals, whetherincorporated or not; (43) "Political Agent" shall mean,-- (a) in relation to any territory outside India, the Principal Officer, by whatever name called,representing the Central Government in such territory; and (b) in relation to any territory within India to which the Act or Regulation containing theexpression does not extend, any officer appointed by the Central Government to exercise all orany of the powers of a Political Agent under that Act or Regulation; (44) "Presidency-town" shall mean the local limits for the time being of the ordinary original civiljurisdiction of the High Court of Judicature at Calcutta, Madras or Bombay, as the case may be; (45) "Province" shall mean a Presidency, a Governor's Province, a Lieutenant GovernorsProvince or a Chief Commissioner's Province; (46) "Provincial Act" shall mean an Act made by the Governor in Council, Lieutenant Governorin Council or Chief Commissioner in Council of a Province under any of the Indian Councils Acts orthe Government of India Act, 1915, or an Act made by the Local Legislature or the Governor of aProvince under the Government of India Act, or an Act made by the Provincial Legislature orGovernor of a Province or the Coorg Legislative Council under the Government of India Act, 1935; (47) "Provincial Government" shall mean, as respects anything done before the commencementof the Constitution, the authority or person authorised at the relevant date to administer executiveGovernment in the Province in question; (48) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code (45 of1860); (49)" registered", used with reference to a document, shall mean registered in 5[India] under thelaw for the time being in force for the registration of documents; (50) "Regulation" shall mean a Regulation made by the President 6[under article 240 of theConstitution and shall include a Regulation made by the President under article 243 ]thereof and aRegulation made by the Central Government under the Government of India Act, 1870, or theGovernment of India Act, 1915, or the Government of India Act, 1935; (51) "rule" shall mean a rule made in exercise of a power conferred by any enactment, and shallinclude a Regulation made as a rule under any enactment; (52) "schedule" shall mean a schedule to the Act or Regulation in which the word occurs; (53) "Scheduled District" shall mean a "Scheduled District" as defined in the Scheduled DistrictsAct, 1874; (54) "section" shall mean a section of the Act or Regulation in which the word occurs; (55) "ship" shall include every description of vessel used in navigation not exclusively propelledby oars; (56) "sign", with its grammatical variations and cognate expressions, shall, with reference to aperson who is unable to write his name, include 'mark", with its grammatical variations and cognateexpressions; (57) "son", in the case of any one whose personal law permits adoption, shall include an adoptedson; 7[(58) "State"-- (a) as respects any period before the commencement of the Constitution (SeventhAmendment) Act, 1956, shall mean a Part A State, a Part B State or a Part C State; and (b) as respects any period after such commencement, shall mean a State specified in the FirstSchedule to the Constitution and shall include a Union territory;] (59) "State Act" shall mean an Act passed by the Legislature of a State established or continuedby the Constitution; (60) "State Government", (a) as respects anything done before the commencement of the Constitution, shall mean, in aPart A State, the Provincial Government of the corresponding Province, in a Part B State, the authority or person authorised at the relevant date to exercise executive government in thecorresponding Acceding State, and in a Part C State, the Central Government; 8*** (b) as respects anything done 9[after the commencement of the Constitution and before thecommencement of the Constitution (Seventh Amendment) Act, 1956], shall mean, in a Part AState, the Governor, in a Part B State, the Rajpramukh, and in a Part C State, the CentralGovernment; 10[(c) as respects anything done or to be done after the commencement of the Constitution(Seventh Amendment) Act, 1956, shall mean, in a State, the Governor, and in a Union territory, the Central Government; and shall, in relation to functions entrusted under article 258A of the Constitution to the Governmentof India, include the Central Government acting within the scope of the authority given to it underthat article;] (61) "sub-section" shall mean a sub-section of the section in which the word occurs; (62) "swear", with its grammatical variations and cognate expressions, shall include affirmingand declaring in the case of persons by law allowed to affirm or declare instead of swearing; 10[(62A) "Union territory" shall mean any Union territory specified in the First Schedule to theConstitution and shall include any other territory comprised within the territory of India but notspecified in that Schedule;] (63) "vessel" shall include any ship or boat or any other description of vessel used in navigation; (64) "will" shall include a codicil and every writing making a voluntary posthumous dispositionof property; (65) 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 (66) "year" shall mean a year reckoned according to the British calendar.]

(1) The definitions in section 3 ofthe following words and expressions, that is to say, "affidavit", "barrister",1*** "District Judge',"father", 2***, 3***,4*** "immovable property", "imprisonment", 5*** "Magistrate", "month", "movableproperty", "oath", "person", "section", "son", "swear", "will", and "year" apply also, unless there isanything repugnant in the subject or context, to all 6[Central Acts] made after the third day of January,1868, and to all Regulations made on or after the fourteenth day of January, 1887. (2) The definitions in the said section of the following words and expressions, that is to say, "abet","Chapter", "commencement", "financial year", "local authority", "master", "offence", 'part", "publicnuisance", "registered, schedule', "ship", "sign', "sub-section" and "writing" apply also, unless there isanything repugnant in the subject or context, to all 6[Central Acts] and Regulations made on or after thefourteenth day of January, 1887.

1[4A. Application of certain definitions to Indian Laws.--(1) The definitions in section 3 of theexpressions British India, Central Act, Central Government, Chief Controlling RevenueAuthority, Chief Revenue Authority, Constitution, Gazette, Government, Governmentsecurities, High Court, India, Indian Law, Indian State, merged territories, Official Gazette,Part A State, Part B State, Part C State, Provincial Government, State and State Governmentshall apply, unless there is anything repugnant in the subject or context, to all Indian laws. (2) In any Indian law, references, by whatever form of words, to revenues of the Central Governmentor of any State Government shall, on and from the first day of April, 1950, be construed as references tothe Consolidated Fund of India or the Consolidated Fund of the State, as the case may be.]