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State of Maharashtra - Section

Section 2 in Hyderabad General Clauses Act, 1308F

2. Definitions.

- [In this Act and in all Hyderabad laws as defined in clause (1a), unless there is anything repugnant in the subject or context, -
(1)"Constitution" means the Constitution of India;
(1a)"Hyderabad law" means -
(i)an Act of the Legislature established for the prereorganisation Hyderabad State by the Constitution, including an Act made under article 385 thereof;
(ii)an Act made before the commencement of the Constitution by the Legislative Council or the Legislative Assembly in existence in the pre-reorganisation Hyderabad State at the time of making of the Act;
(iii)A Regulation including an 'A' in made by H.E.H. the Nizam before the 18th day of September, 1948; and
(iv)a Regulation made by H.E.H. the Nizam, the Military Governor or the Chief Minister of the pre-Reorganisation Hyderabad State on or after the said date but before the commencement of the Constitution;
Explanation. - In this Act and in all Hyderabad laws whose authoritative text is in Urdu, the Urdu expression "Qanoon" shall be deemed to have the meaning assigned to "Hyderabad law" in this clause;] [Substituted by A. O., 1960.]
(2)the word "Part" when used with respect to any Act shall mean a part of the Act in which the word is used;
(3)the word "Chapter" when used with respect to any Act shall mean a chapter of the Act in which the word is used;
(4)the word "Section" when used with respect to any Act shall mean a section of the Act in which the word is used;
(5)the word "sub-section" when used with respect to any section shall mean a sub-section of the section in which the word is used;
(6)the word "schedule" shall mean a Schedule to the Act in which the word is used;
(7)[(i) "pre-Reorganisation Hyderabad State" shall mean - [Substituted by A. O., 1956.]
(a)as respects any period before the commencement of the Constitution, the territory comprised in the Indian State of Hyderabad;
(b)as respects any period after the commencement of the Constitution, the territories of the State of Hyderabad as specified in Part B of the First Schedule to the Constitution before the commencement of the States Reorganisation Act, 1956 (Central Act XXXVII of 1956);
Explanation. - In all Hyderabad laws whose authoritative text is in Urdu, any reference in Urdu to "Mumalik-i-Mahroosa-i-Sarkar-i-Aali" (H.E.H. the Nizam's Dominions), and in all Hyderabad laws whose authoritative text is in English, any reference to "the Hyderabad State" or "the State of Hyderabad", shall be deemed to be references to the pre-Reorganisation Hyderabad State;
(ii)"Hyderabad area of the State of [Maharashtra]" means the territories transferred from the pre-Reorganisation Hyderabad State to the new State of [Maharashtra] [Substituted by A. O., 1960.] under section 8 of the States Reorganisation Act, 1956 (Central Act XXXVII of 1956);"]
(7A)[ the word "Baida" shall mean the city of Hyderabad and shall also include suburbs;] [As amended by Act No. VI of 1310F.]
(8)the word "district" shall also extend to the city and suburbs; and the Board of Revenue, or any authority whom the Government may appoint shall exercise the powers of a District [Collector] [Substituted by A. O., 1956.] for the city and suburbs;
(9)[ "Government" means the State Government as defined in clause (60) of section 3 of the General Clauses Act, 1897 (Central Act X of 1897); [Substituted by A. O., 1956.]Explanation. - In all Hyderabad laws whose authoritative text is in Urdu, any reference in Urdu to "Sarkar-i-Aali" shall be deemed to be a reference to Government;]
(10)"Principal Revenue Department" shall mean the Board of Revenue, or the department vested with powers of the Board of Revenue, in reference to which the words "Principal Revenue Department" are used;
(10A)[ "Commissioner" shall mean the Commissioner of a division appointed under the Hyderabad Land Revenue Act;] [Added by Bombay VIII of 1958.]
(11)the words "Local Authority" shall mean a municipal committee, Local Fund Committee, or such other Committee which may be entitled to expend and control any local income according to law;
(12)[ "Collector" means the Chief Officer incharge of the revenue administration of a district; [Substituted by A. O., 1956.]Explanation. - In all Hyderabad laws any reference to "Talukdar" or "Awwal Talukdar" (first Talukdar) shall be deemed to be references to the Collector;]
(13)"District Court" shall mean the principal Court of original jurisdiction in a district;
(14)[ "Magistrate" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1898 (Central Act V of 1898), for the time being in force; [Substituted by A. O., 1956.]
(15)"Official Gazette" means the Government Gazette which is published under the order of the Government;Explanation. - In all Hyderabad laws for the time being in force, any references to "Jarida", "Jarida Alamia" or "Jarida Alamia Sarkar-i-Aali", shall be deemed to be references to the Official Gazette;]
(16)the word "Notification" shall mean a notification published in the [Official Gazette] [As amended by Act No. VI of 1310 F.] by a lawful order;
(16A)[ the word "Order" shall mean an order given by a Government servant in exercise of any power vested in him by law;] [As amended by Act No. VI of 1310 F.]
(17)the word "Rule" shall mean a rule made in accordance with the power conferred by any law;
(17A)[ the words "Government Servant" shall include every person who receives a monthly pay or remuneration from the Government, or who receives any wages for Government work or who does any Government work without wages;] [As amended by Act No. VI of 1310 F.]Explanation 1. - Railway employees, members and servants of municipal committees shall also be considered as Government servants;Explanation 2. - Wherever the expression "Government Servant" occurs, it applies to every person who is virtually holding the office of a Government servant, whatever defect there might be in his right to hold that post;
(17B)[ the words "act of a Government servant" shall mean an act which he may do in the official capacity;] [As amended by Act No. VI of 1310 F.]
(18)the words "order of a Government servant" shall mean only the order made by a Government servant in the exercise of his official powers virtually vested in him or which he believes in good faith to vest in him and has not been cancelled by any other order;
(19)the word "power" means a legal power;
(19A)[ the word "property" shall extend to both immovable and movable;] [As amended by Act No. VI of 1310 F.]
(20)the words "immovable property" shall include land, rights of benefits arising out of land and all things attached to the earth, or permanently fastened to any thing attached to the earth so long as it is thus attached or fastened;
(21)the words "movable property" shall mean property of every description other than immovable property;
(21A)[ the word "goods" shall not extend to immovable property;] [As amended by Act No. VI of 1310 F.]
(22)[ "rupee" means a rupee in I. G. currency and fractional denominations of a rupee shall be construed accordingly;] [As amended by Act No. I of 1953, Published in Gazette Extraordinary No. 47, dated 1st April, 1953.]
(23)the word "writing" and the expressions including the word "writing" shall include impression of every kind and every mode by which words are represented on any material substance;
(24)the word "signature" and the expressions including the word "signature" shall, when used with respect to any person who is unable to write his name, include the mark of his seal, or any other "mark";
(25)the word "document" shall include any matter recorded in writing by such means as are intended to be used or which may be used, for the purpose of recording that matter;
(25A)[ the words "valuable security" shall mean a documents which is or purports to be a document whereby any legal right is created, extended, transferred, restricted, extinguished or released or whereby any person acknowledges that he is legally liable or that a certain legal right does not belong to him;] [As amended by Act No. VI of 1310F.]
(25B)[ the word "bond" shall also include a document whereby a person promised to another to make payment of money on condition that, if a particular act is done or a particular act is not done, the said promise shall become void;] [As amended by Act No. VI of 1310F.]
(26)the word "will" shall include a codicil and every writing having a mention of a voluntary posthumous transfer or disposition of any property;
(26A)[ "registered", used with reference to a document, shall mean, in relation to any period before the first day of November, 1956, registered in the pre-Reorganisation Hyderabad State, and in relation to any period commencing on or after that day, registered in the area to which this Act extends;] [Substituted by A. O., 1956.]
(27)the word "oath" shall include affirmation and every declaration of the person by law allowed to affirm or declare instead of swearing;
(28)[ the word "affidavit" means the statement made in writing and certified by oath before an officer of a Court or other authority;] [As amended by Act No. VI of 1310 F.]
(29)the word "act" when used with respect to an offence or wrong for which a suit for damages can be instituted, shall include a series of acts; and words which refer to acts done shall also extend to illegal omissions;
(30)the word "offence" shall mean any act or omission made punishable under any law by a Criminal Court;
(31)the word "abet" and its derivatives shall be used in the same meaning as in the [Indian Penal Code, 1860 (Central Act XLV of 1860)] [Substituted by A. O. 1956.];
(32)the word "illegal" applies to everything which is an offence or which is prohibited by law, or which forms a ground for a civil action;
(33)the word "legally beyond to do" may be used in respect of a person when its omission by him is illegal;
(34)the word "injury" means every kind of damage illegally caused to any person in body, mind, reputation or goods;
(35)the words "public nuisance" shall mean a public nuisance as defined in the [Indian Penal Code, 1860 (Central Act XLV of 1860)] [Substituted by A. O. 1956.];
(36)an act shall be deemed "to be done in good faith" also in the case where it is in fact done in good faith even though it is done negligently;
(37)the word "imprisonment" shall include both rigorous imprisonment and simple imprisonment;
(38)[ 'Financial year', 'month' and 'year' shall have the meaning respectively assigned to them in clauses (21), (35) and (66) of section 3 of the General Clauses Act, 1897 (Central Act X of 1897)] [Substituted by A. O., 1956.];
(39)[* * *] [Clause (39) omitted A. O., 1956.]
(40)the words importing the singular number shall also extend to the plural number;
(41)the words importing the masculine gender shall also extend to the feminine gender;
(42)the word "public" extends to every community of public or class of people;
(43)the word "person" shall include any company or association or body of persons, whether incorporated or not;
(43A)[ the word "minor" means a person the eighteenth year of whose age has not been completed;] [As amended by Act No. VI of 1310 F.]
(44)the word "father" shall include every such person in whose personal law adoption is permitted and who has adopted;
(45)the word "son" shall include every such person in whose personal law adoption is permitted and who has been adopted;
(45A)[ the word "cattle" shall include elephant, camel, bullock, buffalo, horse, pony, mule, ass, pig, ram and goat;] [As amended by Act No. VI of 1310 F.]
(46)the word "vessel" shall include every ship or boat, or other description of vessels which may be used in navigation;