Section 2 in C. P. and Berar General Clauses Act, 1914
2. Definitions.
- In this Act, and in all [Madhya Pradesh Acts] [Substituted by Adaptation Order, 1950, for 'Provincial Acts'.] made after the commencement of this Act [but before the 1st day of November, 1956] [Inserted by A. O., 1956.], 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, XLV of 1860;(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 omission;(3)'affidavit' shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;(4)'barrister' shall mean a barrister of England or Ireland or a member of the Faculty of Advocates in Scotland;(4a)[ 'Berar' shall have the same meaning as in the Government of India Act, 1935.] [This clause was inserted by Adaptation Order, 1937.](5)[ * * *] [This clause was omitted by Adaptation Order, 1937.](6)'British possession' shall mean any part of His Majesty's dominions, exclusive of the United Kingdom, and, where parts of these dominions are under both a Central and a Local Legislature, all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one British possession;(7)[ 'Central Provinces' shall mean the territories, excluding Berar, [which before the 15th day of August, 1947 were] [This clause was inserted by Adaptation Order, 1937.] under the administration of the Chief Commissioner or the Governor of the Central Provinces or the Governor of the Central Provinces and Berar;](8)[ * * *] [These clauses were omitted by Adaptation Order, 1950.](8a)[ * * *] [These clauses were omitted by Adaptation Order, 1950.](9)'Chapter' shall mean a Chapter of the [Madhya Pradesh Act] [Substituted for the words 'Provincial Act' by Adaptation Order, 1950.] or Regulation in which the word occurs;(10)'Collector's shall mean the Chief Officer in charge of the revenue administration of a district;(11)[ 'Colony',- [Substituted by Adaptation Order, 1950.](a)in any Madhya Pradesh Act passed after the commencement of the Part III of the Government of India Act, 1935, shall mean any part of His Majesty's dominions exclusive of the British Islands, the Dominions of India and Pakistan (and before the establishment of those Dominions, British India), any Dominion as defined in the Statute of Westminister, 1931, any Province or State forming part of any of the said Dominions, and British Burma; and(b)in any Madhya Pradesh Act passed before the commencement of the Part III of the said Act, mean any part of His Majesty's dominions exclusive of the British Islands and of British India;and in either case where parts of those dominions are under both Central and Local Legislature, all parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one colony;](12)'commencement', used with reference to an Act, shall mean the day on which the Act comes into force;(13)['Commissioner' shall mean the Commissioner of a division appointed under the Madhya Pradesh Land Revenue Code, 1954] [Clause (13) was substituted by Bombay VIII of 1958.];(14)'Consular Officer' shall include consul-general, consul, vice-consul, 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' shall mean the Judge of a principal Civil Court of original jurisdiction in a district;(16)'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' shall include any provision contained in any [Madhya Pradesh Act] [Substituted for the words 'Provincial Act' by Adaptation Order, 1950.] or Regulation;(18)'father', in the case of anyone whose personal law permits adoption, shall include an adoptive father;(19)[ * * *] [These clauses were omitted by Adaptation Order, 1937.](20)'financial year' shall mean the year commencing on the first day off April,(21)[ 'Gazette' shall mean the Official Gazette of the State] [This clause was substituted by Adaptation Order, 1937.];(22)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;(23)[ * * *] [These clauses were omitted by Adaptation Order, 1937.](24)[ * * *] [These clauses were omitted by Adaptation Order, 1937.](24a)[ 'Governor' shall mean before the commencement of Part III of the Government of India Act, 1935, the Governor of the Central Provinces [* * *] [This clause was inserted by Adaptation Order, 1937.] after the commencement of the said Part III [but before the commencement of the Constitution] [These words were inserted by Adaptation Order, 1950.] the Governor of the Central Provinces and Berar [and after the commencement of the Constitution] [Substituted by A. O., 1956.] but before the first day of November, 1956 the Governor of the State of Madhya Pradesh as existing immediately before the said day and on and after that day the Governor of the State of [Maharashtra] [Substituted by A. O., 1960.] as formed by the provisions of Part II of the States Reorganisation Act, 1956;](25)[ * * *] [This clause was omitted by Adaptation by Adaptation Order, 1950.](26)'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;(27)'imprisonment' shall mean imprisonment of either description as defined in the Indian Penal Code, XLV of 1860.(28)[ * * *] [This clause was omitted by Adaptation Order, 1937.];(29)'local authority' shall mean a Municipal Committee, District Council or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund;(30)[ 'Madhya Pradesh Act' shall mean an Act made by the Chief Commissioner of the Central Provinces in Council under any of the Indian Councils Acts or the Government of India Act, 1915, or an Act made by the Local Legislature or the Governor of the Central Provinces under the Government of India Act, or an Act made by the Provincial Legislature or the Governor of the Central Provinces and Berar under the Government of India Act, 1935, [or an Act made under the Constitution by the Legislature of the State of Madhya Pradesh as existing immediately before the 1st day of November, 1956;] [This clause was inserted by Adaptation Order, 1950.](31)'Magistrate' shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, V of 1898, for the time being in force;(31a)[ 'Merged territories' means the territories comprised within the State merged in Madhya Pradesh by virtue of the States' Merger (Governors' Provinces) Order, 1949, promulgated under section 290-A of the Government of India Act, 1935;] [This clause was inserted by M.P. Act XII of 1950.](32)'month' shall mean a month reckoned according to the British calendar;(33)'movable property' shall mean property of every description, except immovable property;(34)'notification' shall mean a notification published in the Gazette;(35)'oath' shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;(36)'offence' shall mean any act or omission made punishable by any law for the time being in force;(37)'Part' shall mean a Part of the [Madhya Pradesh Act] [Substituted by Adaptation Order, 1950, for 'Provincial Act'.] or Regulation in which the word occurs;(38)'person' shall include any company or association or body of individuals, whether incorporated or not;(39)[ * * *] [These clauses were omitted by Adaptation Order, 1950.](39a)[ * * *] [These clauses were omitted by Adaptation Order, 1950.](39b)[ * * *] [These clauses were omitted by Adaptation Order, 1950.](40)'public nuisance' shall mean a public nuisance as defined in the Indian Penal Code, XLV of 1860;(41)'registered', used with reference to a document, shall mean registered in [India] [Substituted by A. O., 1956.] under the law for the time being in force, for the registration of documents;(42)'Regulation' shall mean a regulation made [by the Governor of the Central Provinces and Berar under section 92 of the Government of India Act, 1935,] [These words and figures were substituted for the words and figures 'under the Government of India Act, 1870,' by the Adaptation Order, 1937.] [or a regulation under paragraph 5 of the Fifth Schedule to the Constitution made before the 1st day of November, by the Governor of the State of Madhya Pradesh as existing immediately before the said day and on and after that day by the Governor of the State of [Maharashtra] [Added by A. O., 1956.] as formed by the provisions of Part II of the States Reorganisation Act, 1956];(43)'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;(44)'Schedule' shall mean a Schedule to the [Madhya Pradesh Act] [Substituted for the words 'Provincial Act' by Adaptation Order, 1950.] or Regulation in which the word occurs;(45)'Scheduled District' shall mean a 'Scheduled District as defined in the Scheduled Districts Act, 1874 (XIV of 1874);(46)'Section' shall mean a section of the [Madhya Pradesh Act] [Substituted for the words 'Provincial Act' by Adaptation Order, 1950.] or Regulation in which the word occurs;(47)'sign', with its grammatical variation 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;(48)'son', in the case of any one whose personal law permits adoption, shall include an adopted son;(48a)[ 'State Government' shall mean the State Government (as defined in the General Clauses Act, 1897) of the Central Provinces or of the Central Provinces and Berar or of Madhya Pradesh [as existing immediately before the 1st day of November, 1956 or of the State of [Maharashtra] [Inserted by Adaptation Order, 1950.] as formed by the provisions of Part II of the States Reorganisation Act, 1956, as the case may be;](49)'sub-section' shall mean a sub-section of the section in which the word occurs;(50)'sewear', 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;(51)'vessel' shall include any ship or boat or any other description of vessel used in navigation;(51a)'Vidarbha Region' shall mean the territories of the districts of Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandara and Chanda which are transferred to the new State of [Maharashtra] [Substituted by A.O. 1960 in place of 'Bombay'.] under clause (c) of section 8 of the States Reorganization Act, 1956;(52)'will' shall include a codicil and every writing making a voluntary posthumous disposition of property;(53)expressions 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; and(54)'year' shall mean a year reckoned according to the British Calendar.General Rules of Construction
