THE ARUNACHAL PRADESH INTERPRETATION AND GENERAL CLAUSES ACT, 1982 (Act No. 3 of 1982) to provide lor the interpretation of Arunachal Pradesh enactments and {or shorteniag the language thereof.
Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Thirty-third Year of the Republic of India as follows :-
CHAPTER I PRELIMINARY
1. (1) This Act may be called the Arunachal Pradesh Interpretation and General Clauses Act, 1982.
(2) It shall come into lorce at once.
2. Save as otherwise expressly provided herein, the provisions of this Act shall, unless the context otherwise requires, appiy to this Act and to all other enactirents, whether passed before or after the commencement of this Act.
Short title arier commencement.
Application ol Act.
AN ACT 2 Definitions.
CHAPTER II DEFINITIONS
3. In this Act and in all enactments, unless the context otherwise requires :-
(1) "abet", with its grarnmatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code ;
(2) "act", used with reference to an offence or a civil wrong, shall include a series ol acts as well as a single act, and words which refer to acts done extend also to illegal omissions ;
(3) "Administrator" means the Adminlstrator of Arunachal Pradesh appointed by the President of India under provision of Article 239 of the Constitution ;
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(4) "affidavit" means a statement in writing, signed by the person making it and conflrmed by oath ;
(5) "Arunachal Pradesh" means the Union territory of Arunachal Pradesh as formed under Section ? of the North Eastem Ar€as (R€-organisation) Act, 1971 ;
(6) "Arunachal Pradesh Act" means an Act passed by the Legislature of Amnachal Pradesh ;
(?) "Arunachal Pradesh enactment" means the Arunachal Pradesh Act and includes the Arunachal Pradesh Ordinance and Reguiation as hereinafter defined ;
(8) "Arunachal Pradesh Ordinance" means an Ordinance promulgated by the Administrator under Article 239 B of thc Constitution ;
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(9) "Attested" in relation to a document, means attesled by a witness who has seen the executant sign the document or has received {rom the executant a personal acknorvledgement of his signature, and vrho has signed the document in the presence of the executant, but no particular form of attestation shall be necessary;
(10) "Central Act" means an Parliarnent, and includes,- Act oI
(a) an Act of the Dominion Legislature or of the Indian Legislature passed before the commencement of the Constitution ; and
(b) an Act passed before such commencement, by the Governor- General-in-Council or the Governor-General, acting in a legislative capacity ;
(11) "Central Government" ;
(a) in relation to anything done before the commencement of the Constitution, means the Governor- General or the Governor-Generalin-Cor:ncil, as the case may be, and includes, -
(i) in relation to functions entrusted under sub-section (1) of Section 124 of the Government of India Act, 1935, to the Government of a Province, the Provincial Govemment acting within the scope of the authority given to it under that sub-section ; and . (ii) in relation to the administration of a Chief Commissioner's I Province, the Chief Commissioner acting within the scope of the authority given to him under subsection (3) of Section 94 of the said Act ; and
(b) in relation to an1'thing done or to be done after the commencement of the Constitution, means the President, and includes, in relation to the administration of a Union terdtory, the Administrator thereof acting within the scope of the authority given to him under Article 239 of the Constitution ;
(12) "Chapter" means a chapter of the enactment in v/hich the word occurs ;
(13) "child" in the case ot any one whose personal law permits adoption, includes an adopted child ;
(14) "clause" occuring in a secti.on which has no sub-section, means a sub-division of that section, and occurring in a subsection means a sub-division of that subsection ;
(15) "Collector" means the Chief Officer inchargs of the revenue administration of a district and includes a Deputy Commissioner ;
(16) "commencement" used with reference to an enactment, means the day on which the enactment comes into force ;
(17) "Commissioner" means the Chief Officer incharge of the revenue administration of a division ;
(18) "Constitution" means the Constitution of India ;
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(19) "Consular Officer" includes consulgeneral, consul, vice-consul, consular agent, pro-consul and any other person for the time being authorised to perforrn the duties of a consul-general, consul, viceconsul or consulars agent ;
(20) "daughter" in the case of any one whose personal law permits adoption, includes an adopted daughter ;
(21) "day" means a period of twenty-four hclrrs beginning at mid-night ;
(22) "Deputy Commissioner" means the Chief OfEcer incharge of the gmeral administration of a district ;
(23) "District Court" means the prlncipal Civil Court of original jurisdiction, but does not include the High Court in the exercise of its ordinary or extra-ordinary original civil jurisdiction ;
(24) "District Judge" means the Judge of a district court, and includes an Additional District Judge ;
(25) "document" includes any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means v"hich is intended to be used, or which may be used, for the purpose of recording that matter ;
(26) "enactment" means the An:nachal Pradesh enactment and includes any provision contalned therein i
(27) "father" in the case of any one whose porsonal lav/ permits adoption, includes an adoptive father ;
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(28) "financial year" means the year commencing 'on the first day of April ;
(29) "good faith", 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 ;
(30) "Government" or "the Govemment" includes the State Gor.emment as well as the Central Government ;
(31) "Government of Arunachal Pradesh" means the Administrator ;
(32) "Government securities" means securities of the Central Government or of the Government of Arunachal Pradesh or of any State Government ;
(33) "High Court" means the Gauhati High Court (The Hieh Court of Assam, Nagaland, leghalaya, Manipur and Tripura) ;
(34) "immovable property" ineludes land, benefis to arise out of land, and things attached to the earth, or perlnanently fastened to anything attached to the earth ;
(35) "imprisonment" means imprisonment of either description as defined in the Indian Penal Code ;
(37) "local authority" means a municipal corporation, a municipality, a municipal committee, a local or district board or any other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund ;
(36) "judicial proceeding" means any proceeding in the course oI which evidence is, or may be, Iegally taken ;
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(38) "iocal law" means a law applicable only to a particular part of Arunachal Pradesh ;
(39) "Magistrate" includes every person exercising all or any of the powers oI a Magistrate under the Code o{ Criminal Procedure, 1973 or under any other law, for the time being in force relating to cdminal procedure ;
(40) "master" used with reference to a ship, means every person (except a pilot or harbourmaster) having, for the time being, control or charge of the ship ;
(41) "month" means a month reckoned according to the British Calender ;
(42) "movable property" means property of every description except immovable property ;
(43) "notification" means a notiffcation in the Official Gazette ;
(44) "oath" includes an afnrmation and a declaration in the case of persons by law allowed to affirm or declare instead of swearing ;
(46) "Official Gazette" means the .Official Gazette of Arunachal Pradesh ;
(47) "Part" means a part oI the enactment in which the word occurs ;
(48) "person" includes any company or association o! body of individuals, whether incorporated or not ;
(45) "offence" means any act or omission made punishable by any iaw for the time being in force ;
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(49) "place" includes also a house, building, tent, vehicle and vessel ;
(50) "prescribed" means prescribed by rufes made under an enactment in which the vr,ord occurs ;
(51) "public" includes any class or section of the public ;
(52) "public nuisance" means a nuisance as defined in the Indian Code;
public Penal
(53) "registered" used with reference to a document, means registered in India under the law for the time being in force for the registratibn of documents ;
(54) "Regulation" means a Regulation made by the President under Article 240 of the Constitution and includes a Regulation made by the Central Government r.rnder the Government of India Act, 1870, or the Government of India Act, 1915, or the Government of India Act, 1935 ;
(55) "rule" means rule made in exercise of a power conferred by any enactme4t and includes a regulation made as a rule under any enactment ;
(56) "schedule" means a schedule to thi enactment in which the word occurs;
(57) "rection" means a section of the enactment in which the word occurs ;
(58) "ship" includes every description of vessel used in navigation not exclusively propelled by oars ;
(59) "sign" with its grammatical variations and cognate expressions, with reference I to a person who is unable to write his name, includes "mark" with its grammatical variations and cognate expressions ;
(60) "son" in the case of any one whose personal law permits adoption, includes an adopted son ;
(61) "special law" means a law applicable to a particular subject only ;
(62) "State" means a State specified in the First Schedule to the Constitution, and includes a Union territory ;
(63) "sub-section" means a sub-section of a section in which the word occurs ;
(64) "swear" with lts grammatical variations and cognate expressions, includes alfirming and d€cladng in the case of persons by law allowed to affirm or declare instead of swearing ;
(65) "Union territory" means any Union territory speeified in the First Schedule to the Constitution and includes any other teritory comprised within the territory of India but not specified in that schedule ;
(66) "vessei" includes any ship or boat or any other description of vessel used in navigation ;
(67) "will'includes codicll and every wri.ting making a voluntary posthumous disposition of property ;
(68) "writing" expression referring to "writing" shall be construed as including reference to printing, lithography, photography and other modes of representing or reproducing words in a visible form ;
and
(69) "year" means a year reckoned according to the British Calendar.
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CHAPTER III GENERAL RULES OF CONSTRUCTION
(2) Unless the contrary intention is expressed, an Arunachal Pradesh Ordinance shall come into force on the day on which it is promulgated by the Administrator.
(3) Unless the contrary int€ntion is expressed, every enactmert shall be construed as coming into force immediately on the expiration of the day preceding the day on whieh it comes into lorce.
6. Where an enactment is expressed to Expiry of temexpire, lapse or otherwise cease to have effect porary enacton a particular day, it shall, unless the contrary ments.
intention is expressed, be construed as ceasing to have effect immediately on the commencement oI the following day.
7. The marginal notes appearing against any provision of any enactment, and the reference to the number and date of any former Iau, in the margin against any such provision, shail not form part of the said enactment and it shall be deemed to have been inserted for the sake of convenience only.
8. In the absance of an express provision to the contrary, every enactment shall be binding on the Government.
Marginal notes not part of enactment.
Government to be bound by enactments.
4. Every enactment shall, unless the contrary Territorial extent is expressly provided therein, apply to the of enactment.
whole of Arunachal Pradesh.
5. (1) Where any enactment is not expressed Coming into force to come into force on a particular day, then, it of enactments.
shall come into force on the day on which the assent of the Administrator or the President, as the case may be, is first published in the OfEcial Gazette.
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(b) "direetor", in relation to a fi.rm, means a partner in the firm.
11. No suit, prosecution or other legal proceedfug shall lie against the Government, any officer or other employees of the Government for anything which is in good faith done or intended to be done in pursuance of any enactment or any rule made thereunder.
12. In all enactments, unless a different intention appears - Protection of action taken itl good Iaith.
Gender and numq ber.
(a) words importing the masculine gender shall be taken to include females ; and
(b) words in the singular shall be taken to include the plural, and vice-versa.
13. In any enactment, it shall be sufficient,-- Commencement and termination
(a) to use the words "Irom" or the word of time.
"after" for the purpose of excluding the first in a series of days or any other period of time ;
(b) to use the word "to" for the purposes oI including the last in a series of days or any other period of time ;
(d) in relation to the interval between two €vents, to use the words "clear days" or tat least" or "not less than" a number of days, for the purpose of excluding the days on which the events happen and merely to specify the number of days lor the purpose of excluding the day on which the first event happens and
(e) to use the word "on" or the word "with" for the purpose of including the day on which the period is expressed to being or to end ; and t1
9. Where any. enactment coNtitutes a body corporate by any form of words, that body corporate shall have perpetual succession and a common seal and may enter into eontracts by its corporate name; acquire, hold and dispose of property, whether movable, or immovable and may sue or be sued by its corporate narre.
f0. (1) If a person committing an offence under any enactment is a company, every person who at the time the offence was committed was in charge of, and was rcsponsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty oI the offence and shall be liable to be proceeded against and publlshed accordingly :
(2) Notwithstanding anything contained in sub-section (1), where any offence under any enactment has been committed by a com' pany and it is proved that the ofrence has been committed with the consent or connivance ot, or it attributable to any neglet on the part of, any Director, Manager, Secretary or other officer of the company, such Director, Manager, Secretary ot other offieer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explan&lion -For the section,- purposes of this
(a) "companyl rneans any body cor..
porate and includes a ffrm or oth€,r association of indivlduals ; and Elfect of inclrporation.
Offence by companles,
Provided that nothing contained in this subuection shall render any such person liable to any ptmishment, if he proves that the offence ',vas committed without lris kno$rl€dge or that.
he had exercised all due deligetrce to prevat the commission of sueh offence.
13 ineluding the day on which the second event happens.
14. Where, by any enactment, any act or Computation oI proceeding is directed or allowed to be done time.
or taken in any Court or office on a certain day or within a specified period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceedilg shail be considered as done or taken in due time if it is done or taken on the next day alterwards on which the Court or of,Rce is open :
Provided that nothing in this section shall apply to any act or proceeding to which th6 Limitation Act, 1963, applies.
15. Where any expression of tirne occurs in any enactment, deed, or other legal instrument, the time reffered to shall, unless it is otherwise expressly provided be deemed to mean the Indian Standard time adopted by the Government of India.
Expression ot time.
16. Where, by any enactment, any duty or custom or excise, or in the nature thereof, is leviable on any g[ven quantity, by weight, measure or value of any goods or merchandise, then a Iike duty is leviable according to the same rate on any greater or less quantity.
17. In the measurement oI any distance, for the purpose of any enactment, that distance shall, unless a different intention appears, b€ measured in a straight line on a horizontal plan.
18. Where, in any enactment, I punishment is provided for an offence, such punishment shall, unless a diflerent intention appears be deemed to be the maximum punishment lor that offence.
19. Save as otherwise expressly provided by any enactment, wherever a form is Duty to be taken prorata.
Measurement of distances.
Penalties provided to be maximum.
Deviation from formr.
L4 prescribed by any eiractment, slight deviations therefrom not aflecting the substance or calculated to mislead, shall not invalidate it.
20. Save as oth€rvdse expressly provided by any enac'tment, no act done by any authority, whether such authority is judicial or executive, shall be invalid by reason only of its having been done on a public holiday.
21. Where an act or omission constitutes an offence under two or more enqctrnents, than the offender shall be liable to be prosecuted and punished rrnder either or any of those enactments, but-shall not be liable to be prosecuted and punished twice lor the same offence.
Acts done on holidays.
Provisions as to offences punishable under t$'o or more enactmenas.
CHAPTER IV REPEAL AND EXPIRY OF ENACTME}flTS
22. Where any e actftent repeals any 6sl2g1- Eflec't oI repeal' ment hitherto made or hereafter to be made, then, unless a different intention appears, the r€peal shall not,-
(a) revive anything not in force or existing at the time at whi.ch the rep€al takes effect ; or
(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder ; or
(e) atlect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed ;
or
(d) aflect any pena1t]r, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed ; or
(e) affect any investigation, legal procee_. ding, or remedy in r€spect of any such right, privilege, obligation, liability, 15 penalty, forfeiture or punishment as aforesaid;
and any sucl] investigation, Iegal proceeding or remedy, may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as iI that enactment had not been repealed.
23. Where any enactment made after the cornrnencement of this Act repeals any enactment by which the text of any enactment was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not alfect the continuance of any such amendmeDt made by the enactment so repealed and in operation at the tithe of such repeal.
24. Where an enactment repeals and reenacts, with or $rithout modification, any p!ovision of a former enactment, then references in any other enactment or in any instruments, to the provision so repealed, shall, unless a different intention appears, be construed as references to the provision so re-enacted.
25. In any enactment, it shall be necessary, for the purpose of reviving either wholly or partially, any enactment wholly or partially repealed, express\ to state that purpose.
Repeal of enactment making textual amendment in enactment.
Colstruction of references to repealed enactments.
Revival of repealed en]ctment.
26. Where any enactment ceases to have Effect of expiraeflect or ceases to operate on the expiration o{ tion of enacta particular period or on the happening of a ment.
particular contingency, then, unless a different intention appears, the expiry shall not affect-
(a) the previous operation of. any enactment so expired or anything duly done or suffered thereunder' ; or
(b) any right, privilege, obligation or Iiability acquired, accrued or incurred under that enactment ; or 16
(c) any penalty, forefeiture or punishment incurred in respect of any offence committed agai.nst that enactment ; or
(d) any investigation, legal proceeding or remedy, in respect of any such right, privilege, obligation, Iiability, penalty, forfeiture or punishment as aforesaid ;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if that enactment had not been expired or ceased to operate.
POWERS AND FUNCTIONARIES
27. Where, by any enactment, any power is conferred or any duty is imposed, then, unless a different intention appears, that power shall be exercised and that duty shall be performed from time to time as occasion requires.
28. Where, any enactment confers a power or imposes a duty on the holder of an office, as such, then, unless the contrarf/ intention appears that power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appginted to act for him or to be incharge of powers and dutics of that offiee.
29. Where, by any enactment, a power to appoint any person to flll any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment may be made either by name or !y virtue of office.
30. Where, by any €nactment, a power to make any appointment is conferred, then, Powers conferred to be exercisable from time to time.
Exercise of power and performance of duty by temporary holder of office, Power to appoint to include power
CHAPTER V Power to appoint to include power to appoint exofficio.
L7 unless a different intention appears, the authority having, lor the time being, power to make the appointment shall also have power to suspend or dismiss any person appointed, whether by itself or by any other authority, ln exercise of that power.
31. In any enactment, it sha]I be sufficlent, for the purpose of indicating the application of a iaw to every person or number oI persons, for the time being executing the fulctions of an office, to mention the official title of the omcer at present executing the functions, or that of the omcer by whom the functions are commonly execuied,
32. In any enactment, it shall be sufncient, lor the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations.
33. In any enactment, it shall be sumcient for the purpose of expressing that a law relating to the chiel or superior of an office shall apply to the deputies or subordi-nates lawfully performing the duti.es of that office in the place ol their superior, to prescribe the duties of the superi.or.
CHAPTER VI SUBORDINATE LEGISI-ATION
34. Where, by any enactment 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 or notifications vdth resp€ct to the appucation of the enactrnent or with respect to the establishment of any Court or ofEce or the appointment of any Judge or officer therer:nder, or with respect to the person by whom or the time when, or the place where, or the manner in which, to suspend or dismiss.
Substitution of functionaries.
Successors.
Offrcial chiefs and subordir,ates.
Making of rules or bye-laws and issuing of orders between passing and comrnencement of enactment.
18 Power to make or issue etc. includes power to add, amend, vary or rescind notiflcations, orders, rules or bye-laws.
Provisions applicable to making rules or bye-laws after previous publication.
(a) 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 ;
(b) the publication shall be made in such manner as that authority deems to be sufficient, or, if the condition rv'ith respect to previ,ous publication so requires, in such manner as the Government may prescribe ;
(c) there shall be published with the draft a notice specifying a date on or af,ter which the draft will be taken into consideration ;
(d) the authority having power to make the rules or bye-laws, and where the or the fees for which, anything is to be done under the enactment, then, unless a different iatention appears, that power may be exercised at any time after the passing of the enactment, but rules, bye-laws or orders or notiflcations so made or issued shall not take effect till the commencement of the enactment.
35. Where, by any enactment, a power to make or issue notifications, orders, schemes, ru1es, forms or bye-laws, is conferred, then unless a different intention appears, that powers includes a power, exercisable in the sarne manner and subject to the like sanction and conditions, (if any) to add to, amend, vary or rescind those notifications, orders, schemes, rules, forms or bye-laws so made or issued.
36. Where, by any enactment, a power to make rules or bye-laws is expressed to be given su.bject to the condition of the rules or bye-laws being made after previous publication, then the following provision shall app1y, namely:- 10
38. Where, by any enactment, a power to issue any notification, order, scheme, rule, form or bt'e-law, is conferred, then expressions used in the notiflcation, order, scheme, rule, form or bye-Iaw, shall, unles a different intention appears, have the same respective meanings as in the enactment conferring the power,
39. Every rule made under any enactment shall be published in the Official Gazette, and shall, in the absence of an express provision to Continuation oI orders, etc.
issued under er)actments repealcd and reancted.
Publication and commencement ol rulesrules 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 ;
and
(e) 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 byelaws after previous publication shall be conclusive prool that the rule or bye-law has been duly made.
3?. Where any enactment is repealed and re-enacted wj.th 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 enactment, 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 reenacted, unless and until it is superseded by anv appointment, notification, order, scheme, rule, form or bye-law, made or issued under the provi.sions so re-enacted.
Construction of notifications etc.
issued under enactments.
:0 the contrary either in the rule or in the enactment under which it is made, come into force on the day on which it is published in the Official Gazette.
40. (1) Every rule made by the Government Laying of rules of Arunachal Pradesh under any enactment before Legislashall be laid, as soon as may be after it is made, tive Assembly.
before the Legislative Assembly of Arunachal Pradesh, while it is in session, for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the session or the successive sessions aforesaid, the Legislative Assembly makes any modification in the rule or resolves that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no eflect as the case may be, so however, that such modification or annulment shal1 be without prejudice to the validity of anlhing previously done under that rule.
(2) Where any Central Act in force in or applicable to Anrnachal Pradesh and relating to matters with respect to which the Anrnachal Pradesh Legislature has power to make laws for Arunachal Pradesh, confers power on the Govemment of Arunachal Pradesh to make rules thereunder, then subject to any express provision to the contrary in such Act, the provision of sub-section (1) shall, so lar as may be, apply to the rules made by the Government of Arunachal Pradesh in exercise of that powcr.
. CHAPTER VII' MISCELLANEOUS
41. (1) In any enactment, rule, bye-iaw, Citation of instrument or document made under or with enactment.
reference to, any such enactment, any enactment, may be cited by rcference to the title or short title (iI any) conlerred thereon or by reference to the number and vear thereof.
2l
(2) Any provision in an enactment may be cited by reference to the section or subsection of the enactment in which the provision is contained.
(3) In any enactment, 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.
42. The provisions of the Indian Penal Code Recovery in relation to fines and the provisions o1 11r" offincs.
45 of 1860 Code of Criminal Procedure, 19?3 in relation z of ll74 to the issue and the execution of warrants for the IerT of fines, shall apply to all fines imposed under any enactment, or rule or byelaw made thereunder, unless the enactment, rule or bye-larv, contains an express provision to the contrary.
43. Where any enactment authorises or Meaning requires any document to be served by post, whether the expression "serve" or either of the expression "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be eflected by properly addressing, prepaying, and posting by registered post, a letter containing the document, and unless the contrary is proved to have been €ffected at the time at vrhich the letter would be delivered in the ordinary course of post.
of service by posr.
Published irr the Arunachal Pradesh Gazette, Extraordinary, No.225, VoI. 1.1, dated January l, 1983.
ItoTE :