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The Bihar and Orissa General Clauses Act, 1917
The Bihar and Orissa General Clauses Act, 1917
Sections
1. Short title.
Section 12. Repeal of Bengal Act 1 of 1899.
Section 23. Application of Act to other enactments.
Section 34. Definitions.
Section 45. Continuance of certain definitions for purposes of certain Acts.
Section 56. Coming into operation of Acts.
Section 67. Printing of date on which Act is published.
Section 78. Effect of repeal.
Section 89. Revival of repealed enactments.
Section 910. Construction of references to Repealed Enactments.
Section 1011. Commencement and Termination of Time.
Section 1112. Computation of Time.
Section 1213. Measurement of distances.
Section 1314. Duty to be taken 'pro rata' in Enactments.
Section 1415. Gender and number.
Section 1516. When powers and duties to be exercised and performed.
Section 1617. Exercise of power and performance of duty by temporary holder of office.
Section 1718. Power to appoint to include power to appoint ex-officio.
Section 1819. Power to appoint to include power to suspend or dismiss.
Section 1920. Substitution of functionaries.
Section 2021. Successors.
Section 2122. Official Chiefs and subordinates.
Section 2223. Construction of orders, etc., issued under enactments.
Section 2324. Power to make to include power to add, to amend vary or rescind, orders, rules or bye-laws.
Section 2425. Making of rules or bye-laws and issuing of orders between passing and commencement of enactment.
Section 2526. Provisions applicable to making of rules or bye-laws after previous publication.
Section 2627. Continuation of orders, etc. issued under enactments repealed and re-enacted.
Section 2728. Publication of orders and notifications in the Official Gazette.
Section 2829. Recovery of fines.
Section 2930. Provision as to offences punishable under two or more enactments.
Section 3031. Meaning of service by post.
Section 3132. Citation of enactments.
Section 3233. Saving of previous enactments, Rules and bye-laws.
Section 33
the-bihar-and-orissa-general-clauses-act-1917.json
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33 Sections
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Bihar
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"title": "The Bihar and Orissa General Clauses Act, 1917",
"short_title": "The Bihar and Orissa General Clauses Act, 1917",
"act_number": "Bihar and Orissa Act 1 of 1917",
"act_year": 1917,
"act_type": "STATE",
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"law_status": "unknown",
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"description": "The Bihar and Orissa General Clauses Act, 1917",
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{
"number": "2",
"title": "2. Repeal of Bengal Act 1 of 1899.",
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{
"number": "3",
"title": "3. Application of Act to other enactments.",
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"content": "Definitions",
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"is_definition": false,
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{
"number": "4",
"title": "4. Definitions.",
"chapter": null,
"content": "(1) \"abet\" with its grammatical variations and cognate expressions shall have the same meaning as in the Indian Penal Code;\n(2) \"act\" used with reference to an offence or a civil wrong, shall include a series of acts; and words which refer to acts done shall extend also to illegal omissions;\n(3) \"affidavit\" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;\n(4) \"barrister\" shall mean a barrister of England or Ireland or a member of the Faculty of Advocates in Scotland;\n(5) \"Bengal Act\" shall mean an Act made by the Lieutenant Governor of Bengal in Council, under the Indian Councils Act, 1861, or the Indian Councils Acts, 1861 and 1892, or the For [Indian Councils Act, 1861 to 1909] ;\n[(5a) \"Bihar Act\", shall mean an Act made by the [Provincial] Legislature or] the Governor of Bihar under the Government of India Act, 1935; [or by the Legislature of the State of Bihar under the Constitution] ,\n(6) [* * *]\n(7) \"Bihar and Orissa, Act,\" shall mean an Act made by the Lieutenant-Governor of Bihar and Orissa in Council under the Indian Councils Acts, 1861 to 1909, or the Government of India Act, 1915 [or by the Local Legislature or the Governor of Bihar and Orissa or of Bihar under the Government of India Act] , and include-\n(i) a Bengal Act made after the eighteenth day of January, 1899, which is still in force in Bihar and Orissa;\n(ii) with respect to clauses (3), (32), (34),(37) and (54) of this Section and in Sections 6, 15, 19, 24, 25, 26, 29 and 32(1), of Bengal Act made after the first day of June, 1867, which is still in force in Bihar and Orissa;\n(8) [* * *]\n(9) \"British Possession\" shall mean any part of His Majesty's dominions, exclusive of the United Kingdom, and, where parts of those dominions are under both a Central and a Local Legislature, all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one British possession;\n(10) \"Chapter\" shall mean a Chapter of the Act in which the word occurs;\n(11) \"Collector\" shall mean the Chief Officer in charge of the revenue administration of a district and shall include a Deputy Commissioner;\n(12) \"Commencement\" used with reference to an Act, shall mean the day on which the Act comes into force;\n(13) \"Commissioner\" shall mean the Chief Officer in charge of the revenue administration of a division;\n(14) \"Consular Officer\" shall include Consul-General, Consul, Vice-Consul, Consular Agent, pro-consul and any person for the time being authorized to perform the duties of Consul-General, Consul, Vice-Consul or Consular Agent;\n(15) \"District Court\" shall mean the principal Civil Court of original jurisdiction of a district, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;\n(16) \"District Judge\" shall mean the Judge of a District Court;\n(17) \"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 of recording that matter;\n(18) \"Enactment\" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid;\n(19) \"father,\" in the case of anyone whose personal law permits adoption, shall include an adoptive father;\n(20) \"financial year\" shall mean the year commencing on the first day of April;\n(21) [* *\t* *]\n(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;\n[(23) \"Government\" or \"the Government\" shall include both the Central Government and the State Government] .\n(24) [* * * * *]\n(25) \"High Court\" used with reference of Civil proceedings, shall mean the highest Civil Court of Appeal in the part of Bihar [and Orissa], in which the Act containing the expression operates;\n(26) [* * * *]\n(27) \"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;\n(28) \"imprisonment\" shall mean imprisonment of either description as defined in the Indian Penal Code;\n(29) [* * * *]\n(30) \"Local authority\" shall mean a Municipal Committee, District Board, or any other authority entrusted by [any Government] with, or legally entitled to, the control or management of a municipal or local fund;\n(31) [* * * * *]\n(32) \"Magistrate\" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure for the time being in force;\n(33) \"master,\" used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the time being control or charge of the ship;\n(34) \"month\" shall mean a month reckoned according to the British calendar;\n(35) \"movable property\" shall mean property of every description except immovable property;\n(36) \"notification\" shall mean a notification in the [Official Gazette] ;\n(37) \"Oath\" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;\n(38) \"Offence\" shall mean any act of omission made punishable by any law for the time being in force;\n(39) \"Part\" shall mean a part of the Act or Regulation in which the word occurs;\n(40) \"person\" shall include any company or association or body of individuals, whether incorporated or not;\n[(41) 'political agent' shall mean,-\n(a) in relation to any territory outside India, the Principal Officer, by whatever name called, representing the Central Government in such territory; and\n(b) in relation to any territory within India to which the Act or Regulation containing the expression does not extend, any officer appointed by the Central Government to exercise all or any of the powers of a political Agent under that Act or Regulation;]\n(42) [****]\n(43) \"public nuisance\" shall mean a public nuisance as defined in the Indian Penal Code;\n(44) \"registered,\" used with reference to a document, shall mean registered in [India] under the law for the time being in force for the registration of documents;\n[(45) \"Regulation\" shall mean a Regulation made by the Governor under sub-paragraph (2) of paragraph (5) of the Fifth Schedule to the Constitution and shall include a Regulation made by the Central Government under the Government of India Act, 1870 or the Government of India Act, 1915, or the Government of India Act, 1935 or by the Governor under the Government of India Act, 1935, or by the President under Article 243 of the Constitution;]\n(46) \"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;\n(47) \"Schedule\" shall mean a Schedule to the Act or Regulation in which the word occurs;\n(48) \"Scheduled District\" shall mean a \"Scheduled District\" as defined in the Scheduled Districts Act, 1874;\n(49) \"Section\" shall mean a Section of the Act or Regulation in which the word occurs;\n(50) \"Ship\" shall include every description of vessel used in navigation not exclusively propelled by oars;\n(51) \"sign\" with its grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include \"mark\" with its grammatical variations and cognate expressions;\n(52) \"son,\" in the case of any one whose personal law permits adoption, shall include an adopted son;\n(53) \"sub-section\" shall mean a sub-section of the Section in which the word occurs;\n(54) \"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;\n(55) \"vessel\" shall include any ship or boat or any other description of vessel used in navigation;\n(56) \"Will\" shall include a Codicil and every writing making a voluntary posthumous disposition of property;\n(57) 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\n(58) \"year\" shall mean a year reckoned according to the British calendar.",
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{
"number": "5",
"title": "5. Continuance of certain definitions for purposes of certain Acts.",
"chapter": null,
"content": "(1) \"Land\" includes houses and buildings and corporeal hereditaments and tenements of any tenure unless where there are works to exclude houses and buildings or to restrict the meaning to tenements of some particular tenure; and\n(2) \"person\" includes any incorporated company or incorporated association of persons.\n[5A. Construction of references to revenues of the State of Bihar for purposes of certain laws.\nGeneral Rules of Construction.",
"footnote": "",
"is_definition": true,
"sort_order": 4
},
{
"number": "6",
"title": "6. Coming into operation of Acts.",
"chapter": null,
"content": "(i) in the case of a Bihar Act made before the commencement of the Constitution, it shall come into operation, if it is an Act of the Legislature, on the day on which the assent thereto of the Governor, the Governor-General or His Majesty, as the case may require, is first published in the Official Gazette, and if it is an Act of the Governor of Bihar, on the day on which it is first published as an Act in the Official Gazette;\n(ii) in the case of a Bihar Act made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the Official Gazette.]",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Printing of date on which Act is published.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Effect of repeal.",
"chapter": null,
"content": "(a) revive anything not in force or existing at the time at which the repeal takes effect; or\n(b) affect the previous operation of any enactment so repealed, or anything duly done or suffered thereunder; or\n(c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under any enactment so repealed; or\n(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or\n(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, 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 the repealing \"Act\" had not been passed.\n[8A. Repeal of Act making textual amendment in Bihar Act, or Bihar and Orissa Act or Bengal Act.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Revival of repealed enactments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Construction of references to Repealed Enactments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Commencement and Termination of Time.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Computation of Time.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. Measurement of distances.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Duty to be taken 'pro rata' in Enactments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Gender and number.",
"chapter": null,
"content": "(1) words importing the masculine gender shall be taken to include females; and\n(2) words in the singular shall include the plural, and vice versa .\nPowers and Functionaries",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. When powers and duties to be exercised and performed.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Exercise of power and performance of duty by temporary holder of office.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Power to appoint to include power to appoint ex-officio.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Power to appoint to include power to suspend or dismiss.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Substitution of functionaries.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Successors.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Official Chiefs and subordinates.",
"chapter": null,
"content": "Provisions as to Orders, Rules, etc. made under Enactments.",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Construction of orders, etc., issued under enactments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Power to make to include power to add, to amend vary or rescind, orders, rules or bye-laws.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Making of rules or bye-laws and issuing of orders between passing and commencement of enactment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "26",
"title": "26. Provisions applicable to making of rules or bye-laws after previous publication.",
"chapter": null,
"content": "(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;\n(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 Government concerned] prescribes;\n(3) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;\n(4) the authority having power to make the rules or bye-laws and where the Rules or bye-laws are to be made with sanction, approval or concurrence of another authority, that authority also, shall consider any objections 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;\n(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.",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "27",
"title": "27. Continuation of orders, etc. issued under enactments repealed and re-enacted.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "28",
"title": "28. Publication of orders and notifications in the Official Gazette.",
"chapter": null,
"content": "Miscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "29",
"title": "29. Recovery of fines.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "30",
"title": "30. Provision as to offences punishable under two or more enactments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "31",
"title": "31. Meaning of service by post.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "32",
"title": "32. Citation of enactments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "33",
"title": "33. Saving of previous enactments, Rules and bye-laws.",
"chapter": null,
"content": "[34. Application of Act to Ordinances and Regulations.\n(a) In relation to any Ordinance promulgated by the Governor under Section 88 or Section 89 of the Government of India Act, 1935, as they apply in relation to Bihar Acts made under the said Act by the Governor, and in relation to any Regulation made by the Governor under Section 92 of the said Act as they apply in relation to Bihar Acts made by the Provincial Legislature; and\n(b) In relation to any ordinance promulgated by the Governor under Article 213 of the Constitution or any Regulation made by the Governor under paragraph 5 of the fifth Schedule to the Constitution, as they apply in relation to Bihar Acts made by the State Legislature:",
"footnote": "",
"is_definition": false,
"sort_order": 32
}
],
"metadata": {
"Act ID": "bh276",
"Act Number": "Bihar and Orissa Act 1 of 1917",
"Enactment Date": "",
"Act Year": "1917",
"Short Title": "The Bihar and Orissa General Clauses Act, 1917",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}