GENERAL DEFINITIONS

Definitions.

§3

Summary

In this Act, and in all Bombay Acts 1[or Maharashtra Acts] made after the commencement of this Act, unless there is anything repugnant in the subject or context,- (1) Abet.- "abet" with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (XLV of 1860) ; (2) Act.- "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 ; (3) Affidavit.- "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ; (4) Barrister.- "barrister" shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland ; (5) Bombay Act.- "Bombay Act" shall mean an Act made by the 2[Governor of Bombay] in Council under the 3[Indian Councils Act, 1861] or the Indian Councils Act, 1861 and 1892 4[or the Indian Councils Acts, 1861 to 1909 or the Government of India Act, 1915, or made by the local Legislature, or the Governor of the Presidency of Bombay under the Government of India Act, or by the Provincial Legislature, or the 5[Governor of Bombay], under the Government of India Act, 1935], 6[or made by the Legislature of the 7[pre-Re-organization or reorganized] 8[State of Bombay] under the Constitution] ; 9[(6) "Bombay area of the State of Maharashtra" shall mean the area of the State of Maharashtra excluding the Vidarbha region, and the Hyderabad area, of that State;] 10(7)* * * * * 11(8)* * * * * (9) Chapter.- "Chapter" shall mean a Chapter of the Act in which the word "Chapter" occurs; 12[(10) City of Bombay. "City of Bombay" shall mean the area within the local limits of the ordinary original civil jurisdiction of the Bombay High Court of Judicature immediately before the date on which the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945), came into force ;] (11) Collector.- "Collector" shall mean, in the 13City of Bombay, the Collector of Bombay; and elsewhere the chief officer in charge of the revenue administration of a district ; (12) Commencement. "commencement" used with reference to an Act, shall mean the day on which the Act comes into force ; 14[(13) "Commissioner" shall mean the Commissioner of a division appointed under the 15Bombay Land Revenue Code, 1879 (Bom. V of 1879);] (14) Consular Officer.- "Consular Officer" shall include consul-general, consul, Viceconsul, consular agent, pro-consul and any person for the time being authorised to perform the duties of consul-general, consul, vice-consul or consular agent ; (15) District Judge.- "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction ; (16) Document.- "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 ; (17) Enactment.- "enactment" shall include 16* * *any Regulation of the Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid ; (18) Father.- "father" in the case of any one whose personal law permits adoption, shall include an adoptive father ; (19) Financial year.- "financial year" shall mean the year commencing on the first day of April ; (20) 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 ; 17[(21) "18Greater Bombay" shall mean the areas specified in Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945)] ; (22) High Court.- "High Court", used with reference to civil proceedings shall mean the highest Civil Court of appeal in the part of the Bombay Presidency 19[and after the 1st day of May 1960 in the part of the State of the Maharashtra] in which the Act containing the expression operates ; 20[(23) "Hyderabad area of the 21[State of Bombay]" shall mean the territories transferred to the new State of Bombay under clause (b) of sub-section (1) of section 8 of the States Re-organisation Act, 1956 (XXXVII of 1956) 22[and after the 1st day of May 1960 the said territories which form part of the State of Maharashtra shall be known as the Hyderabad area of the State of Maharashtra] ; (24) Immovable property.- "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 ; (25) Imprisonment.- "imprisonment" shall mean imprisonment of either description as defined in the 23[Indian Penal Code (XLV of 1860)] ; 24* * * * * (26) Local authority.- "local authority" shall mean a municipal corporation, municipality, local board, body of port trustees or commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of municipal or local fund ; 25[(27) "Maharashtra Act" shall mean an Act made on or after the 1st day of May 1960 by the Legislature of the State of Maharashtra under the Constitution] ; (28) Magistrate.- "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 ; (29) Master (of a Ship).- "master" used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the timebeing control or charge of the ship ; (30) Month.- "month" shall mean a month reckoned according to the British calendar ; (31) Moveable property.- "moveable property" shall mean property of every description, except immoveable property ; (32) Oath.- "Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ; (33) Offence.- "offence" shall mean any act or omission made punishable by any law for the time being in force ; (34) Part.- "part" shall mean a part of the Act in which the word occurs ; (35) Person.- "person" shall include any company or association or body of individuals, whether incorporated or not ; 26[(35A) "pre-Reorganisation" 27[State of Bombay] shall mean- (a) as respects any period before the commencement of the Constitution, the area comprised in the Province of Bombay ; (b) as respects any period after the commencement of the Constitution, the territories of the State of Bombay as specified in the First Schedule to the Constitution before the commencement of the States Reorganisation Act, 1956 (XXXVII of 1956) ;] (36) Public nuisance.- "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code (XLV of 1860) ; 28[(37) Registered.- "registered" used with reference to a document, shall mean registered in a Part A State or a Part C State under the law for the time being in force for the registration of documents;] 29(38) * * * * (39) Rule.- "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 ; 30(39A) * * * * (40) Schedule.- "schedule" shall mean a schedule to the Act in which the word occurs ; (41) Scheduled District.- "31Scheduled District" shall mean a "Scheduled District" as defined in the 32Scheduled Districts Act, 1874 (XII of 1874) ; (42) Section.- "section" shall mean a section of the Act in which the word occurs ; (43) Ship.- "ship" shall include every description of vessel used in navigation not exclusively propelled by oars ; (44) Sign.- "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 ; (45) Son.- "son", in the case of any one whose personal law permits adoption, shall include an adopted son; (46) Sub-section.- "sub-section" shall mean a sub-section of the Section in which the word occurs ; 33[(46A) "34[State of Bombay]" shall mean- (a) as respects any period before the 1st day of November 1956 the pre-Reorganisation State of Bombay; (b) as respects any period on and after that day the territories comprised in the new State of Bombay under section 8 of the States Reorganisation Act, 1956 (XXXVII of 1956);] 35[(46AA) "State of Maharashtra" shall mean the territories which on the 1st day of May 1960 are known as the State of Maharashtra under section 3 of the Bombay Reorganisation Act, 1960 (XI of 1960);] 36[(46B) "transferred territories" shall mean the territories transferred from the preReorganisation 37[State of Bombay] to the new States of Mysore and Rajasthan under sections 7 and 10 of the States Reorganisation Act, 1956 (XXXVII of 1956);] (47) Swear.- "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 ; (48) Vessel.- "vessel" shall include any ship or boat or any other description of vessel used in navigation ; 38[(48A) "Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the 39[State of Bombay]" shall mean the territories transferred to the new State of Bombay under clause (c) of sub-section (1) of section 8 of the States Reorganisation Act, 1956 (XXXVII of 1956) 40[and after the 1st day of May 1960] the said territories which form part of the State of Maharashtra shall be known as the Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the State of Maharashtra] ; (49) Will.- "Will" shall include a codicil and every writing making a voluntary posthumous disposition of property; (50) Writing.- expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words or figures in a visible form on any substance; and (51) Year.- "year" shall mean a year reckoned according to the British calendar.

In this Act, and in all Bombay Acts 1[or Maharashtra Acts] made after the commencement of this Act, unless there is anything repugnant in the subject or context,- (1) Abet.- "abet" with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (XLV of 1860) ; (2) Act.- "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 ; (3) Affidavit.- "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ; (4) Barrister.- "barrister" shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland ; (5) Bombay Act.- "Bombay Act" shall mean an Act made by the 2[Governor of Bombay] in Council under the 3[Indian Councils Act, 1861] or the Indian Councils Act, 1861 and 1892 4[or the Indian Councils Acts, 1861 to 1909 or the Government of India Act, 1915, or made by the local Legislature, or the Governor of the Presidency of Bombay under the Government of India Act, or by the Provincial Legislature, or the 5[Governor of Bombay], under the Government of India Act, 1935], 6[or made by the Legislature of the 7[pre-Re-organization or reorganized] 8[State of Bombay] under the Constitution] ; 9[(6) "Bombay area of the State of Maharashtra" shall mean the area of the State of Maharashtra excluding the Vidarbha region, and the Hyderabad area, of that State;] 10(7)* * * * * 11(8)* * * * * (9) Chapter.- "Chapter" shall mean a Chapter of the Act in which the word "Chapter" occurs; 12[(10) City of Bombay. "City of Bombay" shall mean the area within the local limits of the ordinary original civil jurisdiction of the Bombay High Court of Judicature immediately before the date on which the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945), came into force ;] (11) Collector.- "Collector" shall mean, in the 13City of Bombay, the Collector of Bombay; and elsewhere the chief officer in charge of the revenue administration of a district ; (12) Commencement. "commencement" used with reference to an Act, shall mean the day on which the Act comes into force ; 14[(13) "Commissioner" shall mean the Commissioner of a division appointed under the 15Bombay Land Revenue Code, 1879 (Bom. V of 1879);] (14) Consular Officer.- "Consular Officer" shall include consul-general, consul, Viceconsul, consular agent, pro-consul and any person for the time being authorised to perform the duties of consul-general, consul, vice-consul or consular agent ; (15) District Judge.- "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction ; (16) Document.- "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 ; (17) Enactment.- "enactment" shall include 16* * *any Regulation of the Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid ; (18) Father.- "father" in the case of any one whose personal law permits adoption, shall include an adoptive father ; (19) Financial year.- "financial year" shall mean the year commencing on the first day of April ; (20) 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 ; 17[(21) "18Greater Bombay" shall mean the areas specified in Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945)] ; (22) High Court.- "High Court", used with reference to civil proceedings shall mean the highest Civil Court of appeal in the part of the Bombay Presidency 19[and after the 1st day of May 1960 in the part of the State of the Maharashtra] in which the Act containing the expression operates ; 20[(23) "Hyderabad area of the 21[State of Bombay]" shall mean the territories transferred to the new State of Bombay under clause (b) of sub-section (1) of section 8 of the States Re-organisation Act, 1956 (XXXVII of 1956) 22[and after the 1st day of May 1960 the said territories which form part of the State of Maharashtra shall be known as the Hyderabad area of the State of Maharashtra] ; (24) Immovable property.- "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 ; (25) Imprisonment.- "imprisonment" shall mean imprisonment of either description as defined in the 23[Indian Penal Code (XLV of 1860)] ; 24* * * * * (26) Local authority.- "local authority" shall mean a municipal corporation, municipality, local board, body of port trustees or commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of municipal or local fund ; 25[(27) "Maharashtra Act" shall mean an Act made on or after the 1st day of May 1960 by the Legislature of the State of Maharashtra under the Constitution] ; (28) Magistrate.- "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 ; (29) Master (of a Ship).- "master" used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the timebeing control or charge of the ship ; (30) Month.- "month" shall mean a month reckoned according to the British calendar ; (31) Moveable property.- "moveable property" shall mean property of every description, except immoveable property ; (32) Oath.- "Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ; (33) Offence.- "offence" shall mean any act or omission made punishable by any law for the time being in force ; (34) Part.- "part" shall mean a part of the Act in which the word occurs ; (35) Person.- "person" shall include any company or association or body of individuals, whether incorporated or not ; 26[(35A) "pre-Reorganisation" 27[State of Bombay] shall mean- (a) as respects any period before the commencement of the Constitution, the area comprised in the Province of Bombay ; (b) as respects any period after the commencement of the Constitution, the territories of the State of Bombay as specified in the First Schedule to the Constitution before the commencement of the States Reorganisation Act, 1956 (XXXVII of 1956) ;] (36) Public nuisance.- "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code (XLV of 1860) ; 28[(37) Registered.- "registered" used with reference to a document, shall mean registered in a Part A State or a Part C State under the law for the time being in force for the registration of documents;] 29(38) * * * * (39) Rule.- "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 ; 30(39A) * * * * (40) Schedule.- "schedule" shall mean a schedule to the Act in which the word occurs ; (41) Scheduled District.- "31Scheduled District" shall mean a "Scheduled District" as defined in the 32Scheduled Districts Act, 1874 (XII of 1874) ; (42) Section.- "section" shall mean a section of the Act in which the word occurs ; (43) Ship.- "ship" shall include every description of vessel used in navigation not exclusively propelled by oars ; (44) Sign.- "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 ; (45) Son.- "son", in the case of any one whose personal law permits adoption, shall include an adopted son; (46) Sub-section.- "sub-section" shall mean a sub-section of the Section in which the word occurs ; 33[(46A) "34[State of Bombay]" shall mean- (a) as respects any period before the 1st day of November 1956 the pre-Reorganisation State of Bombay; (b) as respects any period on and after that day the territories comprised in the new State of Bombay under section 8 of the States Reorganisation Act, 1956 (XXXVII of 1956);] 35[(46AA) "State of Maharashtra" shall mean the territories which on the 1st day of May 1960 are known as the State of Maharashtra under section 3 of the Bombay Reorganisation Act, 1960 (XI of 1960);] 36[(46B) "transferred territories" shall mean the territories transferred from the preReorganisation 37[State of Bombay] to the new States of Mysore and Rajasthan under sections 7 and 10 of the States Reorganisation Act, 1956 (XXXVII of 1956);] (47) Swear.- "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 ; (48) Vessel.- "vessel" shall include any ship or boat or any other description of vessel used in navigation ; 38[(48A) "Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the 39[State of Bombay]" shall mean the territories transferred to the new State of Bombay under clause (c) of sub-section (1) of section 8 of the States Reorganisation Act, 1956 (XXXVII of 1956) 40[and after the 1st day of May 1960] the said territories which form part of the State of Maharashtra shall be known as the Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the State of Maharashtra] ; (49) Will.- "Will" shall include a codicil and every writing making a voluntary posthumous disposition of property; (50) Writing.- expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words or figures in a visible form on any substance; and (51) Year.- "year" shall mean a year reckoned according to the British calendar.

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