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The General Clauses Act, 1897

( ACT NO. X OF 1897 )

MISCELLANEOUS

Recovery of fines
25. Sections 63 to 70 of the 1[* * *] 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 forthe levy of fines shall apply to all fines imposed under any Act, Regulation, rule or bye-law unless the Act, Regulation, rule or bye-law contains an express provision to the contrary.
Provision as to offences punishable under two or more enactments
26. Where an act or omission constitutes an 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.
Meaning of service by post
27. Where any 2[Act of Parliament] or Regulation 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, pre-paying 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.
Citation of enactments
28. (1) In any 3[Act of Parliament] or Regulation, and in any rule, bye-law, instrument or document, made under, or with reference to, any such Act or Regulation, any enactment may be cited by reference to the 4[short title or Bengali translation thereof] 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 5[Act of Parliament] or Regulation 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.
Saving for previous enactments, rules and bye-laws
29. The provisions of this Act respecting the construction of Acts, Regulations, rules or bye-laws made after the commencement of this Act shall not affect the construction of any Act, Regulation, rule or bye-law made before the commencement of this Act, although the Act, Regulation, rule or bye-law is continued or amended by an Act, Regulation, rule or bye-law made after the commencement of this Act.
Application of Act to Ordinances
30. In this Act the expression 6[Act of Parliament] wherever it occurs, except in section 5, and the word "Act" in clauses (9), (12), (38), (48) and (50) of section 3 and in section 25 shall be deemed to include an Ordinance made and promulgated by 7[any person having authority to legislate under any constitutional provision or by the President of Bangladesh under the Constitution].
[Repealed]
30A. [Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.]
Application of Act to Orders made by the President
8[31. The provisions of this Act shall apply for the interpretation of any Order made by the President or acting President of Bangladesh, and for the interpretation of any Presidential Order made before the 26th day of March, 1971, and in force in Bangladesh, as they apply for the interpretation of an Act of Parliament, as if any such Order were an Act of Parliament.].

  • 1
    The word "Pakistan" was omitted by Article 13 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 "short title or Bengali translation thereof" were substituted, for the words "title or short title (if any)" by Article 14 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).
  • 5
    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)
  • 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 "any person having authority to legislate under any constitutional provision or by the President of Bangladesh under the Constitution" were substituted, for the words, commas and figures "the Governor-General under section 23 of the Indian Councils Act, 1861 or section 72 of the Government of India Act, 1915 or section 42 of the Government of India Act, 1935 or an Ordinance 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. 147 of 1972).
  • 8
    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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