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State of Nagaland - Section

Section 3 in Nagaland Interpretation and General Clauses Act, 1978

3. Definitions.

- In all enactments, unless the context otherwise requires,-
(1)"abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code, 1860 (45 of 1860);
(2)"act", used with reference to an offence or a civil wrong, denotes a series of acts as well as a single act, and words which refer to acts done extend also to illegal omission :
(3)"affidavit" means a statement in writing, signed by the person making it and confirmed by oath ;
(4)"Assam Act" means an Act made by the Chief Commissioner of Assam in Council under the Indian Councils Acts 1861 to 1909 or any of those Acts, or under the Government of India Act, 1915 or by the Local Legislature of Assam under the Government of India Act, or by the Provincial Legislature or the Governor of Assam under the Government of India Act, 1935, or by the Legislature of the State of Assam under he constitution ;
(5)"Attested" in relation to a document, means attested by a witness who has seen the executant sign the document or has received from the executant a personal acknowledgment of his signature, and who has signed the document in the presence of the executant, but no particular form of attestation shall be necessary ;
(6)"Bengal Act" means 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 Indian Councils Acts, 1861,1892 and 1909 or made by the Governor in Council of Fort William in Bengal under the Indian Councils Acts, 1861 1892 and 1909 or by the Local Legislature of Bengal under the Government of India Act ;
(7)"Central Act" means an Act of Parliament and includes an Act passed or made before the commencement of the Constitution-
(a)by the Dominion Legislature or the Indian Legislature, or
(b)by the Governor-General in Council or the Governor General acting in a legislative capacity.
(8)"Central Government" in relation to anything done or to be done after the commencement of the Constitution, mean the President, and includes in relation of functions entrusted under Clause (1) of Art. 248 of the Constitution to the Government of Nagaland acting within the scope of the authority given to it under that clause ;
(9)"Chapter" means a Chapter of the enactment in which the word occurs ;
(10)"child" in the case of any one whose personal law permits adoption, includes an adopted child ;
(11)"clause" occurring in a section which has no sub-section, means a sub-division of that section, and occurring in a sub- section means a sub-division of that sub-section ;
(12)"Collector" means the Chief Officer incharge of revenue administration of a district ;
(13)"commencement" used with reference to an enactment, means the day on which the enactment comes into force ;
(14)"Commissioner" means the Chief Officer incharge of the revenue administration of a division ;
(15)"Constitution" means the Constitution of India ;
(16)"Consular Officer" includes consul-general,consul, vice-consul, consular agent, pro-consul and any other person for the time being authorised to perform the duties of a consul-general, consul, vice-consul or consular agent;
(17)"daughter" in the case of any one whose personal law permits adoption, includes an adopted daughter ;
(18)"day" means a period of twenty-four hours beginning at midnight ;
(19)"Deputy Commissioner" means the Chief Officer incharge of the general and judicial administration of a district;
(20)"District Court" or the principal Civil Court of original jurisdiction, means the court of Deputy Commissioner or Additional Deputy Commissioner ; but does not include the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction ;
(21)"District Judge" means the Judge of a District Court, and includes an Additional District Judge;
(22)"document" includes any matter written, expressed, inscribed or described upon any substance by means of letters, figures or marks, or by more than one of those mean which is intended to be used,or which may be used, as evidence of that matter ;
(23)"Eastern Bengal and Assam" means the territories which were under the administration of the Lieutenant-Governor of Eastern Bengal and Assam immediately prior to the Constitution of the Chief Commissionership of Assam in 1912 ;
(24)"Eastern Bengal and Assam Act" means an Act made by the Lieutenant-Governor of Eastern Bengal and Assam in Council under the Indian Councils Acts, 1861 to 1909 ;
(25)"enactment" means an Act of the Nagaland Legislature and includes a Regulation, Nagaland Ordinance and any provision contained in any Act, Regulation of Ordinance as aforesaid ;
(26)"father" in the case of any one whose personal law permits adoption, includes an adoptive father ;
(27)"financial year" means the year commencing on the first day of April ;
(28)"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;
(29)"Government" or "the Government" includes the State Government as well as the Central Government;
(30)"Government of Nagaland" means the Governor ;
(31)"Government securities" means securities of the Government of Nagaland, the Central Government or of any State Government;
(32)"High Court" means the Gauhati High Court (The High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura);
(33)"immovable property" includes land, benefit to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth ;
(34)"imprisonment" means imprisonment of either description as defined in the Indian Penal Code, 1860 (45 of 1860) ;
(35)"judicial proceeding" includes any proceeding in the course of which evidence is, or may be, legally taken ;
(36)"local authority" means a municipal corporation municipality, a municipal committee, town committee, a local or district board or any other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund ;
(37)"local law" means a law applicable only to a part of Nagaland;
(38)"Magistrate" includes every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1973 (2 of 1974) or Nagaland Rules for Administration of Justice and Police Rules, 1937 or under any other law, for the time being in force, relating to criminal procedure ;
(39)"master" used with reference to a ship, includes every person (except a pilot or harbourmaster) having, for the time being, command or charge of the ship ;
(40)"Nagaland" means the State of Nagaland formed under section of the State of Nagaland Act, 1962 and comprising the areas specified therein;
(41)"notification" means a notification in the official Gazette ;
(42)"Official Gazette" means the official Gazette of Nagaland ;
(43)"Nagaland Act" means an Act passed by the Legislative Assembly of Nagaland ;
(44)"month" means a month reckoned according to the Gregorian Calendar;
(45)"movable property" means property of every description except immovable property ;
(46)"oath" includes an affirmation and a declaration in the case of persons by law allowed to affirm or declare instead of swearing ;
(47)"offence" means any act or omission made punishable by any law for the time being in force ;
(48)"Nagaland Ordinance" means an Ordinance promulgated by the Governor of Nagaland ;
(49)"Part" means a part of the enactment in which the word occurs ;
(50)"person" includes any company or association or body of individuals, whether incorporated or not ;
(51)"prescribed" means prescribed by rules made under an enactment in which the word occurs ;
(52)"public" includes any class or section of the public ;
(53)"public nuisance" means a public nuisance as defined in the Indian Penal Code, 1860 (45 of 1860);
(54)"registered" used with reference to a document, means registered in India under the law the time being in force for the registration of documents ;
(55)"regulation" means a Regulation made by the Governor under the Sixth Schedule to the Constitution or under the Government of India Act, 1935, and shall include the Regulation as defined in Clause (50) of Section 3 of the General Clauses Act, 1897 (Central Act 10 of 1897);
(56)"rule" means a rule made in exercise of a power conferred by any enactment and includes a regulation made as a rule under any enactment;
(57)"schedule" means a schedule to the enactment in which the word occurs ;
(58)"section" means a section of the enactment in which the word occurs ;
(59)"ship" includes every description of vessel used in navigation not exclusively propelled by oars ;
(60)"sign" with its grammatical variations and cognate expressions, used with reference to a person who is unable to write his name, includes "marks" with its grammatical variations and cognate expressions ;
(61)"son" in the case of any one whose personal law permits adoptions, includes an adopted son ;
(62)"special law" means a law applicable to a particular subject only ;
(63)"State" means a State specified in the First Schedule to the Constitution, and includes a Union territory ;
(64)"sub-section" means a sub-section of the section to which the word occurs ;
(65)"swear" with its grammatical variations and cognate expressions, includes affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing ;
(66)"vessel" includes any ship or boat a any other description of vessel used in navigation
(67)"will" and "codicil" have the meanings respectively assigned to them in the Indian Succession Act, 1925 (30 of 1925) ;
(68)"writing" expression referring to "writing" shall be construed as including reference to printing, typewriting, photography and other modes of representing or reproducing words in a visible form ; and
(69)"year" means a year reckoned according to the Gregorian Calendar.