Print View

The General Clauses Act, 1897

( ACT NO. X OF 1897 )

PROVISION AS TO ORDERS, RULES, ETC., MADE UNDER ENACTMENTS

Construction of orders, etc., issued under enactments
20. Where, by any 1[Act of Parliament] or Regulation, a power to issue any notification, order, scheme, rule, form or bye-law is conferred, then expressions used in the notification, order, scheme, rule, form or bye-law, 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 or Regulation conferring the power.
Power to make to include power to add to, amend, vary or rescind, orders, rules or bye-laws
21. Where, by any 2[Act of Parliament] or Regulation, a power to issue notifications, orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued.
Making of rules or bye-laws and issuing of orders between passing and commencement of enactment
22. Where, by any 3[Act of Parliament] or Regulation which is not to come into force 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 Regulation, 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 or Regulation, then that power may be exercised at any time after the passing of the Act or Regulation; but rules, bye-laws or orders so made or issued shall not take effect till the commencement of the Act or Regulation.
Provisions applicable to making of rules or bye-laws after previous publication
23. Where, by any 4[Act of Parliament] or Regulation,
 
 
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 5[Government] 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.
Continuation of orders, etc., issued under enactments repealed and re-enacted
24. Where any 6[Act of Parliament] or Regulation is, after the commencement of this Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law made or issued 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 or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification], order, scheme, rule, form or bye-law made or issued under the provisions so re-enacted 7[* * *].

  • 1
    The words "Act of Parliament" were substituted, for the words "Central Act" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)
  • 2
    The words "Act of Parliament" were substituted, for the words "Central Act" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)
  • 3
    The words "Act of Parliament" were substituted, for the words "Central Act" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972)
  • 4
    The words "Act of Parliament" were substituted, for the words "Central Act" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).
  • 5
    The word "Government" was substituted, for the words "Central Government or the Provincial Government" by Article 11 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).
  • 6
    The words "Act of Parliament" were substituted, for the words "Central Act" by Article 8 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).
  • 7
    The words, commas, letters and figures "and when any Central Act or Regulation, which, by a notification under section 5 or 5A or the Scheduled Districts Act, 1874, or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from and re-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 this section" were omitted by Article 12 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs