General Clause Act, 1897

General Clause Act, General Clause Act,

1868 1887
(3rd Jan) (14th Jan)

Consolidate
+
Extend

General Clause Act, 1897

(11th March, 1897)
 Preliminary Power &
Functionaries
[Section 1] [Section 14 to 19]
THE
GENERAL
CLAUSES Miscellaneous
General Definitions
[Sections 3 to 4A]
ACT, 1897 [Sections 25 to 30]

Provisions as to orders, General Rules of

rules etc. made under Construction
enactments
[Sections 20 to 24] [Section 5 to 13]
 Definitions
Open for interpretation Closed for interpretation
Inclusive Definition Exhaustive Definition
 
Word ‘includes’ is used Word ‘means’ or ‘means &
 includes’ is used
Eg. Body Corporate U/s 2(11) 
definition Eg. Company U/s 2(20) definition
Body Corporate or corporation Company means a company
Includes a company incorporated incorporated under this act or
outside India under previous act
 Words may be

Defined Reference of any other  If not then refer the

under Act act may be given General Clause Act, 1897
Eg. ‘company’ Eg. ‘security’ under Eg. ‘affidavit’ used in the
is defined u/s the Companies Act, Companies Act, 2013 u/s 7 has
2(20) of the 2013 has been the not been defined under the act.
Companies one referred to in So reference of General Clause
Act, 2013 section 2(h) of the Act, 1897
Securities Contract
Regulation Act, 1956
Use of Words shall & may
Shall  Imperative or Mandatory
May  Not Mandatory but Directory

Important note:
Sometimes, the word ‘may’ has to be interpreted as ‘shall’.
Eg. Section 3 of the Companies Act, 2013 states that ‘a company ‘may’ be
formed for any lawful purpose by….’ 
may will be interpreted as shall
 ACT [SECTION 3(2)]

• ‘Act’ (as per civil wrong)

• Shall include a series of acts
• And words which refer to acts done
• Extend also to illegal omissions
 AFFIDAVIT – SECTION 3(3)
• ‘Affidavit’ shall include affirmation and declaration
• In the case of persons by law
• Allowed to affirm or declare instead of swearing.

• In simple language, affidavit means a

• Sworn statement in writing
• Made under oath or on affirmation
• Before an authorized Magistrate or officer.
 Central Act [Sec. 3(7)]
Means
Act of parliament & includes

- Act of dominion legislature (1947 - Act made by Governor General in

to 1950) council or Governor General
- Indian legislature  passed - Acting in legislative capacity
before constitution
What is history of procedure of passing Acts in India??
1858 to 1947 1947 to 1950 1950 to 1956 1956 onwards
Governor General - Provisional assembly Classification of Now there is no
(Temporary)
states
of India (Victory) - Part A
bifurcation of
- Dominion Legislature states
 - Headed by ‘King Governors Province
It made the act George’ (british India) 
- Laws were governed - Part B
under ‘British Raj’ Rajpramukh (Princely
States
by Governor General
of India states) Reorganisation
- It made the laws - Part C Act, 1956
under ‘Indian head of Chief Commissioner +
state’ Princely States
• Louis - Part D
Mountbatben Andaman & nicobar
• C. Rajgopalchari Island
(lieutenant governor)
 Central Government (Sec. 3(8))
Before the commencement After the commencement of
of Constitution Constitution
Governor General of Council & The President & shall include:
shall Include: 1. State Government
1. Functions - Principal 2. Part C state before commencement Act,
Government , 1956
government of province
2. Administration - Chief
Commissioner , Chief Lieutenant Government
Chief Commissioner’s Commissioner Governor of neighbouring
province (94(3) of GOI Act, state
1935) 3. Under territories
Administration
Fact of Case : Documents can be ‘searched and seized’ under FEMA

Can money and coin also be seized ?

Law: • Definition of Docment

Conclusion : Currency note and coins can also be seized

• ‘Commencement’ [Section 3(13)]:
‘Commencement’ used with reference to an Act or Regulations, shall mean
the say on which the Act or Regulations comes into force.

• ‘Document’ [Section 3(18)]:

‘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 or
recording that matter.
 ENACTMENT – SECTION 3(19)
•Enactment include:
A regulations; and
Regulation of Bengal, Madras or Bombay
code
•It also include any provision contained in
any Act or
•Any regulation
 FINANCIAL YEAR – SECTION 3(21)

•‘Financial Year’ shall mean the year

commencing on the first day of April.
•‘Year’ means calendar year which starts on
1st January and ends on 31st December.
 GOOD FAITH [SECTION 3(22)]
• 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;
• The question of good faith under the General Clauses Act is ONE OF
FACT. It is to determined with reference to be circumstances of each
case.
 GOVERNMENT –SECTION 3(23)
•Government includes
•Central Government and State Government
 GOVERNMENT SECURITIES – SECTION 3(24)
• ‘Government securities’ shall mean securities of:
i. The Central Government; or
ii. Any state government
iii. It shall NOT include securities of the
government of any Part B state for any Act
made before commencement of constitution.
 IMMOVABLE PROPERTY – SECTION 3 (26)
•‘Immovable 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.
•Example: Building and Land are immovable
property.
•Timber is not immovable property as it is not
permanently attached to land.
 Land

Shall include Benefits to arise out of land

Immovabl
e Property
[Section 3 Things attached to the earth
(26)]

Things permanently fastened

to anything attached to the
earth
 Q. Whether Immovable property or not
1) Trees - 
2) Shrubs - 
3) Timber - X
4) Growing crops and grass - X
5) Minerals - 
6) Manure - 
 Q. Whether Immovable property or not
7) Water - X
8) Fish - X
9) Bamboo - X
10) Building - 
11) Machine erected on land - X
“Imprisonment” [Section 3(27)]:
• ‘Imprisonment’ shall mean imprisonment of either
description
• rigorous(that is with hard labor) and
• simple.
• Court may, in its discretion, make the imprisonment
rigorous or simple.
“Movable Property” [Section 3(36)]:
• Movable Property’ shall mean property of
every description, except immovable property.
• Thus, any property which is not immovable
property is movable property.
• Debts, share, electricity are movable property.
“Oath” [Section 3(37)]:
• ‘Oath’ shall include affirmation and declaration
in the case of persons by law allowed to affirm
or declare instead of swearing.
“Offence” [Section 3(38)]:
• ‘Offence’ shall mean any act or omission made
punishable by any law for the time being in
force.
“Official Gazette” [Section 3(39)]:
‘Official Gazette’ or ‘Gazette’ shall mean:
(i) The Gazette of India, or
(ii) The Official Gazette of a state.
The Gazette of India is a public journal and an authorised legal
document of the Government of India, published weekly by
the Department of Publication, Ministry of Housing and Urban
Affairs. As a public journal, the Gazette prints official notices
from the government. It is authentic in content, accurate and
strictly in accordance with the Government policies and
decisions. The gazette is printed by the Government of India
Press.
“Person” [Section 3(42)]:
“Person” shall include:
(i) any company, or
(ii) association, or
(iii) body of individuals, whether incorporated or
not
“Registered” [Section 3(49)]:
• ‘Registered’ used with reference to a
document, shall mean registered in India under
the law for the time being force for the
registration of documents.
“Rule” [Section 3(51)]:
• ‘Rule’ shall mean a rule made in exercise of a
power conferred by any enactment, and shall
include a Regulation made as a rule under any
enactment;
“Schedule” [Section 3(52)]:
• ‘Schedule’ shall mean a schedule to the Act or
Regulation in which the word occurs;
“Section” [Section 3(54)]:
• ‘Section’ shall mean a section of the Act or
Regulation in which the word occurs;
“Sub-section” [Section 3(61)]:
• ‘Sub-section’ shall mean a sub-section of the
section in which the word occurs;
“Swear” [Section 3(62)]:
“Swear”, with its grammatical variations and
cognate expressions, shall include affirming and
declaring in the case of persons by law allowed
to affirm or declare instead of swearing.

Note: The terms “Affidavit”, “Oath” and “Swear”

have the same definitions in the Act.
“Writing” [Section 3(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 1visible
forms; and