KGCA:
• It is very similar to GCA but applies to mysore acts and Karnataka acts.
Law was to come into force immediately, enacted on 3rd July, 1899.
• It is the only Act of its kind, within the state domain, as there was no other Act in
place. It was also the first Act on the subject matter within the state domain, which
was enacted 2 years after GCA,1898 came into force.
• It is not a comprehensive codification of all interpretation of the statute, but it
provides for a basis on interpretation. Mostly with respect to coming into operation of
act, repeal and amendments.
• It applies only to laws made by Karnataka state legislature
• Structure: 32 sections which are organized into:
o Preliminary
o General definitions
o General rules of construction
o Powers and functionaries
o Provisions as to orders, rules, etc., made under enactments
o Miscellaneous
• The Karnataka GCA came into force in the year 1899 during the regime of Maharaja
of Mysore, the Act was passed on 3rd July 1899. The KGCA, 1899 provides
definitions of certain words and some general principles of interpretation.
• Purpose is the same as GCA. The Long title suggests that it seeks to shorten the
language in Karnataka and Mysore Acts
• Objectives of KGCA
o Shorten the language in Karnataka and Mysore Acts.
o It aims to secure uniformity in definitions and understanding the expressions
used in Karnataka and Mysore Acts.
o It also provides certain rules of interpretation, but not in a comprehensive
way in the method of interpretation.
o To guard against slips or oversights.
• The act is primarily associated with Karnataka acts and regulations. No extra
territorial application.
• Definitions contained in KGCA applies only when context permits. Judges have
discretion to select.
• Definitions provided in KGCA are generic. KGCA does not prevent the same word
defined in the KGCA to be defined differently in different enactments.
• Scope and limitation:
o S.3 applies to enactments passed after the GCA – prospective
o S.4 some specified definitions apply also to earlier acts and regulations made
after the first GCA of 1868 came into picture i.e 3rd January, 1868
o S.4A- With effect from the first day of November 1956 and upto 1st day of
November, 1973, until the State of Karnataka was officially formed. This has
retrospective application within a particular time period
o S.4B – is applicable after 1973, as State of Karnataka was formally formed in
this year, and it also has a retrospective effect.
o S.6A , 7-11, 14, 17, 18, 19, 24, 27, 28(2), they apply to enactments made after
the commencement of GCA.
I. The Definitions (u/s 3)
The language used in the Definitions given under the Karnataka General Clauses Act are very
identical and similar to that of the General Clauses Act, but there are certain definitions which
are not prescribed in the GCA but prescribed only in KGCA and vice versa.
For Ex., Under the KGCA the term "City of Bangalore" is given which goes like "City of
Bangalore" shall mean such local area as is declared from time to time to be the City of
Bangalore under any Act for the time being in force relating to the Municipal affairs of such
City, likewise there are certain other 19 definitions which are present only in the
KGCA.[Total 20 definitions that are exclusively present in KGCA] (there are 15 definitions
that are only prescribed in GCA)
• List of Definitions that are prescribed only in KGCA under section 3
1. Section 3(7a)- City of Bangalore
2. Section 3(9)- Deputy Commissioner
3. Section 3(10A)- Divisional Commissioner
4. Section 3(12)- Enactment (prescribed in both Acts but different language used)
5. Section 3(14)- Revenue year
6. Section 3(19)- Judicial Proceeding
7. Section 3(19a)- Karnataka Act
8. Section 3(19b)- Karnataka
9. Section 3(24)- Mysore
10. Section 3(24a)- Mysore Act
11. Section 3(24b)- Notification
12. Section 3(29)- Place
13. Section 3(29a)- Prescribed
14. Section 3(30)- Public
15. Section 3(32a)- Repeal
16. Section 3(44)- Belgum Area
17. Section 3(45)- Coorg District
18. Section 3(46)- Gulburga Area
19. Section 3(47)- Mangalore and Kollegala Area
20. Section 3(48)- Mysore Area
And one of the major comparisons is that the jurisdiction of the Acts while the KGCA is
limited to Mysore and Karnataka Acts the GCA is applicable to the Central Acts and
Regulations. Let’s say for example: To interpret Karnataka-specific laws like the Karnataka
Municipal Corporations Act or the Karnataka Land Revenue Act, courts turn to the KGCA in
case of any inconsistencies. Often the courts decide upon whether the definitions suits to the
context or not.
• Definition of Common Terms: Both Acts define common legal terms in a way that
enhances clarity and consistency ex., the definition of abet, person, barrister, etc.,