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Definition.

§4

Summary

In all [Uttar Pradesh]2 Acts, 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 Indian Penal Code. (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 ; (3) "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing; (4) "Agra" shall mean the territories known as the [NorthWestern Provinces]3 previously to the 22nd day of March, 1902 ; 4[(4-A) "agricultural year" shall mean the year commencing on the first day of July4] ; (5) "Assistant Collector" shall include an Assistant Commissioner ; (6) "barrister" shall mean barrister of England or Ireland, or a member of Faculty of Advocates in Scotland ; (7) "Board of Revenue" shall mean the Board of Revenue for 2[Uttar Pradesh] ; 5[(7-A) "Central Act" shall have the same meaning as in the General Clauses Act, 1897 ; (7-B) "Central Government" shall have the same meaning as in the General Clauses Act, 1897. ] ; (8) "Chapter" shall mean a chapter of the Act in which the word occurs ; 6[(8-A) "clause" shall mean a sub-division (not being a subsection) of the section or sub-section in which the word occurs ;] (9) "Collector" shall mean the chief officer in charge of the revenue administration of a district, and shall include a Deputy Commissioner and the Superintendent, Dehra Dun ; (10) "Commencement", used with reference to an Act, shall mean the day on which the Act comes into force ; (11) "Commissioner" shall mean the chief officer in charge of the revenue administration of a division ; 7[(11-A) "Constitution" shall mean the Constitution of India ; (11-B) "daughter", in the case of any person the law applicable to whom permits the adoption fo a daughter, shall include an adoptd daughter ; (11-C) "day" shall mean a period of twenty-four hours beginning at midnight ] ; (12) "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 ; 8[(12-A) "District Magistrate" shall mean a person appointed as such under sub-section (1) of section 20 of the Code of Criminal Procedure, 1937 and shall include the Deputy Commissioner of a District ] (13) "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 ; (14) "enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal, Madras or Bombay Code, and shall also include any provisions contained in any Act or in any such Regulation as aforesaid ; (15) "father", in the case of any one whose personal law permits adoption, shall include an adoptive father ; (16) "financial year" shall mean the year commencing on the first day of April ; (17) 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 ; (18) "Gazette" shall mean the official Gazette for 9[Uttar Pradesh]; 10[(19) "goods" shall include all materials, commodities and articles, and shall also include electricity ; (19-A) dpqtsGovernment" shall include the Central Government and any State Government ; (19-B) "Government" securities shall mean securities of the Central Government or of any State Government ; (19-C) "the Governor" shall mean the Governor of UttarPradesh] ; (20) "growing crops" shall include crops of all sorts attached to the soil, and leaves, flowers and fruits upon, and juice in trees and shrubs ; 11[(21) "the High Court" or "the High Court of Judicature at Allahabad" shall mean the High Curt for Uttar Pradesh ;] (22) 12[ * * * ] (23) "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, but shall not include standing timber, growing crops or grass ; (24) "imprisonment" shall mean imprisonment of either description as defined in the Indian Pena Code ; 13[(24-A) "legal representative" shall have the same meaning as in the Code of Civil Procedure, 1908 ]; 14[(25) "local authority" shall mean a municipal board or nagarpalika, nagar Mahapalika, notified area committee, town area committee, zila Parishad, cantonment board, kshettra samiti, gaon sabha or any other authority constituted for the purpose of local selfgovernment or village administration or legally entitled to or entrusted by the State Government with the control or management of municipal or local fund ; (26) "local fund" shall mean revenues administered by a body which by law or rule having the force of law is controlled by the State Government, whether in regard to the proceedings generally or to specific matters such as the sanctioning of its budget, sanction to the creation or filling up of particular posts, the making of leave pension or other rules, regulations or bye-laws, and shall include the revenues or of any other body which may be specifically notified by the State Government as such ;] (27) "Magistrate" shall include every person exercising all or any of the powers of Magistrate under the Code of Criminal Procedure for the time being in force; (28) "month" shall mean a month reckoned according to the British calendar ; 15[(28-A) "Mother", in the case of any person the law applicable to whom permits adoption shall include an adoptive mother ;] (29) "movable property" shall mean property of every description, except immovable property ; 16[(29-A) "notification" or "public notification" shall mean a notification published in the Gazette of the State and the word "notified" shall be construed accordingly ;] (30) "oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ; (31) "offence" shall mean an act or omission made publishable by any law for the time being in force ; (32) "part" shall mean a part of the Act or Regulation in which the word occurs ; (33) "persons" shall include any company or association or body of individuals, whether incorporated or not ; 17[(33-A) "Prescribed" shall mean prescribed by rules made under the Act in which the word occurs ; (33-B) "public" shall include any class or section of the public,] (34) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code ; (35) "registered" used with reference to a document, shall mean registered in 18[a Part A State or a Part C State] under the law for the time being in force for the registration of documents ; (36) "regulation" shall mean a regulation made under the Government of India Act, 1870 ; (37) "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 ; (38) "schedule" shall mean a schedule to the Act or Regulation in which the word occurs ; 19[(39) "scheduled bank" shall mean a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 ; (39-A) "Scheduled Castes", and "Scheduled Tribes" shall have the same meaning respectively as in the Constitution ] ; (40) "section" shall mean a section of the Act or Regulation in which the word occurs ; (41) "sign" with the grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include mark with its grammatical variation and cognate expressions ; 20[(42) "son" in the case of any one the law applicable to whom permits adoption, shall include an adopted son ; (42-A) "the State" shall mean the State of Uttar Pradesh and as respects any period before the commencement of the Constitution, shall include the United Provinces ; (42-B) "statutory instruments" shall mean any notification order, scheme, rule, farm or bye-law issued under any enactment and having the force of law ; (42-C) "the State Government" shall mean the Government of Uttar Pradesh, and as respects functions entrusted under Article 258- A of the Constitution to the Central Government shall include the Central Government acting within the scope of the authority given to it under that Article ;] (43) "sub-section" shall mean a sub-section of the section in which the word occurs ; (44) "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 ; 21[(44-A) "temporary Act" shall mean an Act which is to cease to have effect or cease to operate on the expiration of a particular period or on the happening or particular event or on a particular day ;] 22[(45) "Uttar Pradesh" shall mean all territories for the time being comprised in the territories of Uttar Pradesh under the Constitution ;] 23[(46) Uttar Pradesh Act shall mean (a)- as respect any law made before the commencement of the Constitution, an Act made by the Lieutenant Governor of the NorthWestern Provinces and Oudh (or of the United Provinces of Agra and Oudh) in Council under the Indian Councils Act, 1861, or the Indian Council Acts, 1961 and 1892 or the Indian Councils Acts, 1861 to 1909, or the Government of India Act, 1915, or by the local Legislature or the Governor of the United Provinces under the Government of India Act, or by the Provincial Legislature or the Governor of the United Provinces under the Government of India Act, 1935 ; and (b) as respects any law made after the commencement of the Constitution, an Act passed by the State Legislature, and shall include any law made in exercise of the powers of the State Legislature by the President or other authority referred to in sub-clause (a) of clause (1) of Article 357 of the Constitution ;] (47) "vessel" shall include any ship or boat or any other description of vessel used in navigation ; (48) "will" shall include a codicil and every writing making a voluntary posthumous disposition of property ; (49) Expression 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 in a visible form ; and (50) "Year" shall mean a year record according to the British calendar. 24[(51) any reference to a Central Act shall be construed as a reference to that Act as amended from time to time in its application to Uttar Pradesh and in the case of the Code of Civil Procedure, 1908, as a reference to that Code subject also to any annulments, alterations and additions to the rules contained in the First Schedule thereto made from time to time under section 122 thereof by the High Court ; (52) any reference to a revenue division, district or subdivision, or to a local area under the jurisdiction of a local authority, shall be construed as a reference to such revenue division, district or sub-division or to such local area with its limits as altered from time to time; (53) any reference to the district judge, civil judge or Munsif shall be construed as including a reference to an additional district judge, an additional civil judge or, as the case may be, an additional Munsif to whom a case is assigned by the district judge (to whom such officer is administratively subordinate) for disposal.]

In all [Uttar Pradesh]2 Acts, 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 Indian Penal Code. (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 ; (3) "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing; (4) "Agra" shall mean the territories known as the [NorthWestern Provinces]3 previously to the 22nd day of March, 1902 ; 4[(4-A) "agricultural year" shall mean the year commencing on the first day of July4] ; (5) "Assistant Collector" shall include an Assistant Commissioner ; (6) "barrister" shall mean barrister of England or Ireland, or a member of Faculty of Advocates in Scotland ; (7) "Board of Revenue" shall mean the Board of Revenue for 2[Uttar Pradesh] ; 5[(7-A) "Central Act" shall have the same meaning as in the General Clauses Act, 1897 ; (7-B) "Central Government" shall have the same meaning as in the General Clauses Act, 1897. ] ; (8) "Chapter" shall mean a chapter of the Act in which the word occurs ; 6[(8-A) "clause" shall mean a sub-division (not being a subsection) of the section or sub-section in which the word occurs ;] (9) "Collector" shall mean the chief officer in charge of the revenue administration of a district, and shall include a Deputy Commissioner and the Superintendent, Dehra Dun ; (10) "Commencement", used with reference to an Act, shall mean the day on which the Act comes into force ; (11) "Commissioner" shall mean the chief officer in charge of the revenue administration of a division ; 7[(11-A) "Constitution" shall mean the Constitution of India ; (11-B) "daughter", in the case of any person the law applicable to whom permits the adoption fo a daughter, shall include an adoptd daughter ; (11-C) "day" shall mean a period of twenty-four hours beginning at midnight ] ; (12) "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 ; 8[(12-A) "District Magistrate" shall mean a person appointed as such under sub-section (1) of section 20 of the Code of Criminal Procedure, 1937 and shall include the Deputy Commissioner of a District ] (13) "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 ; (14) "enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal, Madras or Bombay Code, and shall also include any provisions contained in any Act or in any such Regulation as aforesaid ; (15) "father", in the case of any one whose personal law permits adoption, shall include an adoptive father ; (16) "financial year" shall mean the year commencing on the first day of April ; (17) 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 ; (18) "Gazette" shall mean the official Gazette for 9[Uttar Pradesh]; 10[(19) "goods" shall include all materials, commodities and articles, and shall also include electricity ; (19-A) dpqtsGovernment" shall include the Central Government and any State Government ; (19-B) "Government" securities shall mean securities of the Central Government or of any State Government ; (19-C) "the Governor" shall mean the Governor of UttarPradesh] ; (20) "growing crops" shall include crops of all sorts attached to the soil, and leaves, flowers and fruits upon, and juice in trees and shrubs ; 11[(21) "the High Court" or "the High Court of Judicature at Allahabad" shall mean the High Curt for Uttar Pradesh ;] (22) 12[ * * * ] (23) "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, but shall not include standing timber, growing crops or grass ; (24) "imprisonment" shall mean imprisonment of either description as defined in the Indian Pena Code ; 13[(24-A) "legal representative" shall have the same meaning as in the Code of Civil Procedure, 1908 ]; 14[(25) "local authority" shall mean a municipal board or nagarpalika, nagar Mahapalika, notified area committee, town area committee, zila Parishad, cantonment board, kshettra samiti, gaon sabha or any other authority constituted for the purpose of local selfgovernment or village administration or legally entitled to or entrusted by the State Government with the control or management of municipal or local fund ; (26) "local fund" shall mean revenues administered by a body which by law or rule having the force of law is controlled by the State Government, whether in regard to the proceedings generally or to specific matters such as the sanctioning of its budget, sanction to the creation or filling up of particular posts, the making of leave pension or other rules, regulations or bye-laws, and shall include the revenues or of any other body which may be specifically notified by the State Government as such ;] (27) "Magistrate" shall include every person exercising all or any of the powers of Magistrate under the Code of Criminal Procedure for the time being in force; (28) "month" shall mean a month reckoned according to the British calendar ; 15[(28-A) "Mother", in the case of any person the law applicable to whom permits adoption shall include an adoptive mother ;] (29) "movable property" shall mean property of every description, except immovable property ; 16[(29-A) "notification" or "public notification" shall mean a notification published in the Gazette of the State and the word "notified" shall be construed accordingly ;] (30) "oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ; (31) "offence" shall mean an act or omission made publishable by any law for the time being in force ; (32) "part" shall mean a part of the Act or Regulation in which the word occurs ; (33) "persons" shall include any company or association or body of individuals, whether incorporated or not ; 17[(33-A) "Prescribed" shall mean prescribed by rules made under the Act in which the word occurs ; (33-B) "public" shall include any class or section of the public,] (34) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code ; (35) "registered" used with reference to a document, shall mean registered in 18[a Part A State or a Part C State] under the law for the time being in force for the registration of documents ; (36) "regulation" shall mean a regulation made under the Government of India Act, 1870 ; (37) "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 ; (38) "schedule" shall mean a schedule to the Act or Regulation in which the word occurs ; 19[(39) "scheduled bank" shall mean a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 ; (39-A) "Scheduled Castes", and "Scheduled Tribes" shall have the same meaning respectively as in the Constitution ] ; (40) "section" shall mean a section of the Act or Regulation in which the word occurs ; (41) "sign" with the grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include mark with its grammatical variation and cognate expressions ; 20[(42) "son" in the case of any one the law applicable to whom permits adoption, shall include an adopted son ; (42-A) "the State" shall mean the State of Uttar Pradesh and as respects any period before the commencement of the Constitution, shall include the United Provinces ; (42-B) "statutory instruments" shall mean any notification order, scheme, rule, farm or bye-law issued under any enactment and having the force of law ; (42-C) "the State Government" shall mean the Government of Uttar Pradesh, and as respects functions entrusted under Article 258- A of the Constitution to the Central Government shall include the Central Government acting within the scope of the authority given to it under that Article ;] (43) "sub-section" shall mean a sub-section of the section in which the word occurs ; (44) "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 ; 21[(44-A) "temporary Act" shall mean an Act which is to cease to have effect or cease to operate on the expiration of a particular period or on the happening or particular event or on a particular day ;] 22[(45) "Uttar Pradesh" shall mean all territories for the time being comprised in the territories of Uttar Pradesh under the Constitution ;] 23[(46) Uttar Pradesh Act shall mean (a)- as respect any law made before the commencement of the Constitution, an Act made by the Lieutenant Governor of the NorthWestern Provinces and Oudh (or of the United Provinces of Agra and Oudh) in Council under the Indian Councils Act, 1861, or the Indian Council Acts, 1961 and 1892 or the Indian Councils Acts, 1861 to 1909, or the Government of India Act, 1915, or by the local Legislature or the Governor of the United Provinces under the Government of India Act, or by the Provincial Legislature or the Governor of the United Provinces under the Government of India Act, 1935 ; and (b) as respects any law made after the commencement of the Constitution, an Act passed by the State Legislature, and shall include any law made in exercise of the powers of the State Legislature by the President or other authority referred to in sub-clause (a) of clause (1) of Article 357 of the Constitution ;] (47) "vessel" shall include any ship or boat or any other description of vessel used in navigation ; (48) "will" shall include a codicil and every writing making a voluntary posthumous disposition of property ; (49) Expression 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 in a visible form ; and (50) "Year" shall mean a year record according to the British calendar. 24[(51) any reference to a Central Act shall be construed as a reference to that Act as amended from time to time in its application to Uttar Pradesh and in the case of the Code of Civil Procedure, 1908, as a reference to that Code subject also to any annulments, alterations and additions to the rules contained in the First Schedule thereto made from time to time under section 122 thereof by the High Court ; (52) any reference to a revenue division, district or subdivision, or to a local area under the jurisdiction of a local authority, shall be construed as a reference to such revenue division, district or sub-division or to such local area with its limits as altered from time to time; (53) any reference to the district judge, civil judge or Munsif shall be construed as including a reference to an additional district judge, an additional civil judge or, as the case may be, an additional Munsif to whom a case is assigned by the district judge (to whom such officer is administratively subordinate) for disposal.]

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