The General Clauses Act, 1897

Link to law: http://bdlaws.minlaw.gov.bd/bangla_all_sections.php?id=73

 

 



The General Clauses Act, 1897



( 1897 সনের X নং আইন )



 

[11th March, 1897]

 

 

 

     An Act to consolidate and extend the General Clauses Acts, 1868 and 1887.



 

WHEREAS it is expedient to consolidate and extend the General Clauses Acts, 1868 and 1887; It is hereby enacted as follows:-



 

 





PRELIMINARY

 



1. Short title

 





1. This Act may be called the General Clauses Act, 1897.

 

 



 

 







 



2. [Repealed]

 





2. [Repealed by the Repealing and Amending Act, 1903 (Act No. I of 1903), section 4 and Schedule III.]

 

 



 

 





GENERAL DEFINITIONS

 



3. Definitions

 





3. In this Act, and in all

১[



other Acts of Parliament] and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context,-

(1) "abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the

২[



***] Penal Code:



৩[



(1a) "Act of Parliament" shall mean an Act passed by Parliament and shall include any Act passed or made by any legislature or any person having authority to legislate under any Constitutional instrument and in force in Bangladesh or any portion thereof:]

(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 extend also to illegal omissions:



৪[



(2a) "Advocate" means a person enrolled as such under the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P. O. No. 46 of 1972):]

(3) "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing:



৫[



(3a) "Appellate Division" means-

(a) as respects the period before the 16th day of December, 1972, the Appellate Division of the High Court of Bangladesh; and

(b) as respects any period thereafter the Appellate Division of the Supreme Court of Bangladesh constituted under the Constitution:]



৬[



* * *]



৭[



* * *]



৮[



(8aa) "Bangladesh Law" shall mean any Act, Ordinance, Regulation, rule, Order or bye-law in force in Bangladesh:]



৯[



* * *]

(9) "Chapter" shall mean a Chapter of the Act or Regulation in which the word occurs:



১০[



(9a) "Chief Revenue Authority" shall mean the National Board of Revenue constituted under the National Board of Revenue Order, 1972 (P. O. No. 76 of 1972:]



১১[



(9aa) "Chittagong Metropolitan Area" means the Chittagong Metropolitan Area as defined in the Chittagong Metropolitan Police Ordinance, 1978 (Ord. XLVIII of 1978):]

(10) "Collector" shall mean the chief officer in charge of the revenue administration of a District and shall include a Deputy Commissioner, of such District:



১২[



* * *]

(12) "commencement", used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force:

(13) "Commissioner" shall mean the chief officer in charge of the revenue-administration of a division and shall include an Additional Commissioner of such division:



১৩[



(13a) "Constitution" means the Constitution of the People's Republic of Bangladesh:]

(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:



১৪[



(14a) "Dhaka Metropolitan Area" means the Dacca Metropolitan Area as defined in the Dacca Metropolitan Police Ordinance, 1976 (Ord. III of 1976):]

(15) "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include

১৫[



the High Court Division] in the exercise of its ordinary or extraordinary original civil jurisdiction:

(16) "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:



১৬[



* * *]

(17) "enactment" shall include a Regulation (as hereinafter defined)

১৭[



* * *] and shall also include any provision contained in any Act or in any such Regulation as aforesaid:

(18) "father", in the case of any one whose personal law permits adoption, shall include an adoptive father:



১৮[



(19) "financial year" shall mean the year commencing

on the first day of July and ending on the 30th day of June:]

(20) a thing shall be deemed to be done in "good faith" where it is in fact done honestly, whether it is done negligently or no:



১৯[



(21) "Government" or "the Government" shall mean-

(a) in relation to anything done before the 26th day of March 1971, any Government which functioned within the territories now comprised in Bangladesh; and

(b) in relation to anything done or to be done after the 25th day of March, 1971, the Government of the People's Republic of Bangladesh:]



২০[



(21a) "Government contracts" and equivalent expressions shall include contracts made in the exercise of the executive authority of the People's Republic of Bangladesh:

(21b) "Government debts" and equivalent expressions shall include debts due to the Government of the People's Republic of Bangladesh and any debt due to any Government that functioned within the territories now comprised in Bangladesh:

(21c) "Government Grants" shall include a grant (including a transfer of land or of any interest therein or a payment of any money) made by or on behalf of the Government of the People's Republic of Bangladesh and before the 26th day of March, 1971, by or on behalf of any Government that functioned within the territories now comprised in Bangladesh:

(21d) "Government liabilities" and equivalent expressions shall include the liabilities of the Government of the People's Republic of Bangladesh and only such liabilities incurred by any other Government that at any time functioned in the territories now comprised in Bangladesh, as have been expressly accepted by the People's Republic of Bangladesh:

(21e) "Government Property" and equivalent expressions shall include any property vested in, or otherwise held for the purposes of the Government of the People's Republic of Bangladesh and property which, before the 26th day of March, 1971, vested in any Government that functioned within the territories now comprised in Bangladesh:

(22) "Government securities" shall mean securities of the Government of the People's Republic of Bangla-desh:]

(23) [Repealed by section 3 and Schedule II of the Repealing and Amending Act, 1919 (Act No. XVIII of 1919).]



২১[



(24) "High Court" shall, as respect any period before the 16th day of December, 1972, mean the High Court of Bangladesh and as respect any period before the 26th day of March, 1971, the High Court that functioned within the territories now comprised in Bangladesh:]



২২[



(24a) "High Court Division" shall mean the High Court Division of the Supreme Court of Bangladesh constituted under the Constitution:]

(25) "immoveable 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:

(26) "imprisonment" shall mean imprisonment of either description as defined in the

২৩[



* * *] Penal Code:



২৪[



(26a) "Khulna Metropolitan Area" means the Khulna Metropolitan Area as defined in the Khulna Metropolitan Police Ordinance, 1985 (Act No. LII of 1985):]



২৫[



* * *]



২৬[



(28) "Local authority" shall mean and include a Paura Shava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund, or any corporation or other body or authority constituted or established by the Government under any law:]

(31) "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:

(32) "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:



২৭[



(32a) "Metropolitan Area" means the Chittagong Metropolitan Area or the

২৮[



Dhaka Metropolitan Area or the Khulna Metropolitan Area]

২৯[



or রাজশাহী মহানগরী পুলিশ আইন, ১৯৯২ (১৯৯২ সনের ২৩নং আইন) এর প্রথম তফসিলে বর্ণিত এলাকা]

৩১[



or মহানগরী পুলিশ আইন, ২০০৯ (২০০৯ সনের ২৪ নং আইন) এর প্রথম তফসিলে বর্ণিত এলাকা] :]

(33) "month" shall mean a month reckoned according to the British calendar:

(34) "moveable property" shall mean property of every description, except immoveable property:



৩২[



* * *]

(36) "oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing:

(37) "offence" shall mean any act or omission made punishable by any law for the time being in force:



৩৩[



(37a) "Official Gazette" or "Gazette" shall mean the Bangladesh Gazette:

(37b) "Parliament" shall mean the Parliament for Bangladesh, known as the House of the Nation:]

(38) "Part" shall mean a Part of the Act or Regulation in which the word occurs:

(39) "person" shall include any company or association or body of individuals, whether incorporated or not:



৩৪[



(39a) "Police Commissioner" means the Police Commi-ssioner appointed under the Dacca Metropolitan Police Ordinance, 1976 (Ord. III of 1976), or the Chittagong Metropolitan Police Ordinance, 1978 (Ord. XLVIII of 1978),

৩৫[



or the Khulna Metropolitan Police Ordinance, 1985 (LII of 1985),] and includes an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner appointed under any of those Ordinances

৩৬[



or রাজশাহী মহানগরী পুলিশ আইন, ১৯৯২ (১৯৯২ সনের ২৩নং আইন) এর অধীন নিযুক্ত পুলিশ কমিশনার এবং উক্ত আইনের অধীন নিযুক্ত অতিরিক্ত পুলিশ কমিশনার, উপ-পুলিশ কমিশনার ও সহকারী পুলিশ কমিশনার ইহার অন ভর্ূক্ত হইবে

৩৮[



or বরিশাল মহানগরী পুলিশ আইন, ২০০৯ (২০০৯ সনের ২৪ নং আইন) এর অধীন নিযুক্ত পুলিশ কমিশনার এবং উক্ত আইনের অধীন নিযু্ক্ত অতিরিক্ত পুলিশ কমিশনার, যুগ্ম-পুলিশ কমিশনার, উপ-পুলিশ কমিশনার, অতিরিক্ত উপ-পুলিশ কমিশনার, সিনিয়র সহকারী পুলিশ কমিশনার ও সহকারী পুলিশ কমিশনার ইহার অন্তর্ভুক্ত হইবে ]:]



৩৯[



* * *]

(44) "Public nuisance" shall mean a public nuisance as defined in the

৪০[



* * *] Penal Code:



৪১[



* * *]



৪২[



(44b) "the President" means the President of Bangladesh elected under the Constitution or any person for the time being acting in that office: ]

(45) "registered", used with reference to a document, shall mean registered in

৪৩[



* * *] under the law for the time being in force for the registration of documents:



৪৪[



(46) "Regulation" shall mean a Regulation made by any person or authority empowered under any constitutional instrument and in force in Bangladesh:]



৪৫[



(46a) "the Republic" means the People's Republic of Bangladesh:]

(47) "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:

(48) "schedule" shall mean a schedule to the Act or Regulation in which the word occurs:



৪৬[



* * *]

(50) "section" shall mean a section of the Act or Regulation in which the word occurs:



৪৭[



(50a) "the service of the Republic" means any service, post or office whether in a civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be a service of the Republic:]

(51) "ship" shall include every description of vessel used in navigation not exclusively propelled by oars:

(52) "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:



৪৮[



* * *]

(53) "son" in the case of any one whose personal law permits adoption, shall include an adopted son:

(54) "sub-section" shall mean a sub-section of the section in which the word occurs:

[(54a) "suits by or against the Government" and equivalent expressions shall include suits by or against Bangladesh:]

(55) "swear", with its grammatical variation and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing:

[* * *]:

(56) "vessel" shall include any ship or boat or any other description of vessel used in navigation:

(57) "will" shall include a codicil and every writing making a voluntary posthumous disposition of property:

(58) 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

(59) "year" shall mean a year reckoned according to the British calendar.

 

 



 

 







 



4. Application of foregoing definitions to previous enactments

 





4. (1) The definitions in section 3 of the following words and expressions, that is to say, "affidavit",

৪৯[



advocate], "District Judge", "father", "immoveable property", "imprisonment", "Magistrate", "month", "moveable property", "oath", "person", "section", "son", "swear", "will" and "year" apply also, unless there is anything repugnant in the subject or context, to all

৫০[



Acts of Parliament] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

(2) The definitions in the said section of the following words and expressions, that is to say, "abet", "Chapter", "commencement", "financial year", "local authority", "master", "offence", "part", "public nuisance", "registered", "schedule", "ship", "sign", "sub-section" and "writing" apply also, unless there is anything repugnant in the subject or context, to all

৫১[



Acts of Parliament] and Regulations made on or after the fourteenth day of January, 1887.

 

 



 

 







 



4A. Application of certain definitions to all Bangladesh laws

 







৫২[



4A. (1) The definitions in section 3 of the expressions



৫৩[



* * *]

৫৪[



Act of Parliament]

৫৫[



* * *] "Chief Revenue Authority", "Gazette", "Government", "Government contracts", "Government debts", "Government grants", "Government liabilities", "Government property", "Government securities", "High Court",

৫৬[



High Court Division"]

৫৭[



* * *], "official Gazette",

৫৮[



Bangladesh laws]

৫৯[



* * *] and "suits by or against Government" apply also, unless there is anything repugnant in the subject or context, to all

৬০[



Bangladesh laws].

(2) In any

৬১[



Bangladesh law], references to the

৬২[



Government] in any provision conferring power to make appointments to the civil services of, or civil posts under, the



৬৩[



Government] include references to such person as the

৬৪[



Government] may direct, and in any provision conferring power to make rules prescribing the conditions of service of persons serving the

৬৫[



Government] in a civil capacity include references to any person authorized by the

৬৬[



Government] to make rules for the purpose.

(3) The references in any

৬৭[



Bangladesh law] to servants of or under, or to service of or under,

৬৮[



the Government], to property of, or belonging to, or vested in, the

৬৯[



Government], and to forfeitures to

৭০[



the Government] shall be construed as references respectively to persons in the service of the

৭১[



Government], to the service of the Government, to property vested in the Government and to forfeitures to the Government.]

 

 



 

 





GENERAL RULES OF CONSTRUCTION

 



5. Coming into operation of enactments

 





5.

৭২[



(1) Where any Act of Parliament is not expressed to come into operation on any particular day, then it shall come into operation,(a) in the case of an Act of Parliament to which this Act was applicable before the 26th day of March, 1971, on the date on which it receives the assent; and

(b) in the case of any other Act of Parliament, the day on which the assent is first published in the official Gazette;]

(2)

৭৩[



Omitted by the Central Laws Order, 1961, Article 2 and Schedule.]

(3) Unless the contrary is expressed,

৭৪[



an Act of Parliament] or Regulation shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.

 

 



 

 







 



5A. [Omitted]

 





5A.

৭৫[



Omitted by the Schedule of the Pakistan (Adaptation of Existing Pakistan Laws) Order, 1947 (Governor General's Order 20 of 1947).]

 

 



 

 







 



6. Effect of repeal

 





6. Where this Act, or any

৭৬[



Act of Parliament] or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not-

(a) revive anything not in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d) after any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(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 or Regulation had not been passed.

 

 



 

 







 



6A. Repeal of Act making textual amendment in Act or Regulation

 





6A. Where any

৭৭[



Act of Parliament] or Regulation made after the commencement of this Act repeals any enactment by which the text of any

৭৮[



Act of Parliament] or Regulation was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and inoperation at the time of such repeal.

 

 



 

 







 



7. Revival of repealed enactments

 





7.(1) In any

৭৯[



Act of Parliament] or Regulation made after the commencement of this Act, it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose.

(2) This section applies also to all

[



Acts of Parliament] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

 

 



 

 







 



8. Construction of references to repealed enactments

 





8. (1) Where this Act, or any

৮১[



Act of Parliament] or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.

(2)

৮২[



Omitted by Article 9 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).]

 

 



 

 







 



9. Commencement and termination of time

 





9. (1) In any

৮৩[



Act of Parliament] or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from", and, for the purpose of including the last in a series of days or any other period of time, to use the word "to".

(2) This section applies also to all

৮৪[



Acts of Parliament] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

 

 



 

 







 



10. Computation of time

 





10. (1) Where, by any

৮৫[



Act of Parliament] or Regulation made after the commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open:

Provided that nothing in this section shall apply to any act or proceeding to which the

৮৬[



* * *] Limitation Act, 1877, applies.

(2) This section applies also to all

৮৭[



Acts of Parliament] and Regulations made on or after the fourteenth day of January, 1887.

 

 



 

 







 



11. Measurement of distances

 





11. In the measurement of any distance, for the purposes of any

৮৮[



Act of Parliament] or Regulation made after the commencement of this Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.

 

 



 

 







 



12. Duty to be taken pro rata in enactments

 





12. Where, by any enactment now in force or hereafter to be in force, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandize, then a like duty is leviable according to the same rate on any greater or less quantity.

 

 



 

 







 



13. Gender and number

 





13. In all

৮৯[



Acts of Parliament] and Regulations, unless there is anything repugnant in the subject or context,-

(1) words importing the masculine gender shall be taken to include females; and

(2) words in the singular shall include the plural, and vice versa.

 

 



 

 







 



13A. [Omitted]

 





13A.

৯০[



Omitted by the Central Laws Order, 1961, Article 2 and Schedule.]

 

 



 

 





POWES AND FUNCTIONARIES

 



14. Powers conferred to be exercisable from time to time

 





14. (1) Where, by any

৯১[



Act of Parliament] or Regulation made after the commencement of this Act, any power is conferred then, unless a different intention appears, that power may be exercised from time to time as occasion requires.

(2) This section applies also to all

৯২[



Acts of Parliament] and Regulations made on or after the fourteenth day of January, 1887.

 

 



 

 







 



15. Power to appoint to include power to appoint ex-officio

 





15. Where, by any

৯৩[



Act of Parliament] or Regulation, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office.

 

 



 

 







 



16. Power to appoint to include power to suspend or dismiss

 





16. Where, by any

৯৪[



Act of Parliament] or Regulation, a power to make any appointment is conferred, then unless a different intention appears, the authority having for the time being power to make the appointment shall also have power to suspend or dismiss any person appointed whether by itself of any other authority in exercise of that power.

 

 



 

 







 



17. Substitution of functionaries

 





17. (1) In any

৯৫[



Act of Parliament] or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed.

(2) This section applies also to all

৯৬[



Acts of Parliament] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

 

 



 

 







 



18. Successors

 





18. (1) In any

৯৭[



Act of Parliament] or Regulation made after the commencement of this Act, it shall be sufficient, for 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.

(2) This section applies also to all

৯৮[



Acts of Parliament] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

 

 



 

 







 



19. Official chiefs and subordinates

 





19.(1) In any

৯৯[



Act of Parliament] or Regulation made after the commencement of this Act, it shall be sufficient, for

the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior.

(2) This section applies also to all

১০০[



Acts of Parliament] made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1887.

 

 



 

 





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

 



20. Construction of orders, etc., issued under enactments

 





20. Where, by any

১০১[



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.

 

 



 

 







 



21. Power to make to include power to add to, amend, vary or rescind, orders, rules or bye-laws

 





21. Where, by any

১০২[



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.

 

 



 

 







 



22. Making of rules or bye-laws and issuing of orders between passing and commencement of enactment

 





22. Where, by any

১০৩[



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.

 

 



 

 







 



23. Provisions applicable to making of rules or bye-laws after previous publication

 





23. Where, by any

১০৪[



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

১০৫[



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.

 

 



 

 







 



24. Continuation of orders, etc., issued under enactments repealed and re-enacted

 





24. Where any

১০৬[



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

১০৭[



* * *].

 

 



 

 





MISCELLANEOUS

 



25. Recovery of fines

 





25. Sections 63 to 70 of the

১০৮[



* * *] 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.

 

 



 

 







 



26. 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.

 

 



 

 







 



27. Meaning of service by post

 





27. Where any

১০৯[



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.

 

 



 

 







 



28. Citation of enactments

 





28. (1) In any

১১০[



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

১১১[



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

১১২[



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.

 

 



 

 







 



29. 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.

 

 



 

 







 



30. Application of Act to Ordinances

 





30. In this Act the expression

১১৩[



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

১১৪[



any person having authority to legislate under any constitutional provision or by the President of Bangladesh under the Constitution].

 

 



 

 







 



30A. [Repealed]

 





30A.

১১৫[



Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.]

 

 



 

 







 



31. Application of Act to Orders made by the President

 







১১৬[



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.].
Read Entire Law on bdlaws.minlaw.gov.bd