Section 3 in The Gujarat General Clauses Act, 1904
3. Definitions.
- ln this Act, and in all Bombay Acts [or Gujarat Acts] [These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] made after the commencement of this Act, 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 shall 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)"barrister" shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland;(5)"Bombay Act" shall mean an Act made by the [Governor of Bombay] [The words 'Governor of Bombay' and 'State of Bombay' stand unmodified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] in Council under the [Indian Councils Act, 1861] [See now the Government of India Act, 1935.] or the Indian Councils Acts, 1861 and 1892 [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 Governor of Bombay, under the Government of India Act, 1935] [These words and figures were inserted by the Adaptation of Indian Laws Order in Council.], [or made by the Legislature of the [pre-Reorganisation or reorganised [State of Bombay] [This portion was inserted by Adaptation of Laws Order, 1950.] under the Constitution];[[(6) "Bombay area of the State of Gujarat" shall mean the area of the State of Gujarat excluding the Saurashtra area, and the Kutch area of that State;] [Clauses (6), (7) and (8) were omitted by the Adaptation of India Laws Order in Council.]********](9)"Chapter" shall mean a chapter of the Act in which the word occurs;[* * * * *] [Clause (10) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.](11)"Collector" shall mean, [***] [The words 'in the City of Bombay, the Collector of Bombay and elsewhere' were omitted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] the chief officer in charge of the revenue administration of a district;(12)"Commencement" used with reference to an Act, shall mean the day on which the Act comes into force;[*******] [Clause (13) was deleted by Gujarat 15 of 1964, section 4. Schedule](14)"Consular Officer" shall include consul-general, consul, Vice-consul, consular agent, pro-consul and any person for the time being authorized 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, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;(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 [***] [The words 'a Regulation (as hereinafter defined) and' were deleted by Bombay 5 of 1948 section 2.] any Regulation of the Elombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid ;(18)"father", in the case of any one whose personal law permits adoption, shall include an adoptive father ;(19)"financial year" shall mean the year commencing on the first day of April ;(20)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;(21)[ "Gujarat Act" shall mean an Act made on or after the 1st day of May, 1960, by the Legislature of the State of Gujarat under the Constitution;] [Clause (21) was substituted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.](22)"High Court" used with reference to civil proceedings shall mean the highest Civil Court of appeal in the part of the Bombay Presidency [and after the 1st day of May 1960 in the part of the State of the Gujarat] [These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] in which the Act containing the expression operates;[********] [Clause (23) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.](24)"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" shall mean imprisonment of either description as defined in the [Indian Penal Code] (XLV of 1860);(25A)[ Kutch area of the "State of Bombay" shall mean the territories transferred to the new [State of Bombay] [Clause (25A) was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1960.] under clause (e) of sub-section (1) of section 8 of the State Reorganisation Act, 1956 (XXXVII of 1956), [and after the 1st day of May 1960 the said territories which form part of the State of Gujarat shall be known as Kutch area of the State of Gujarat] [These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.];](26)"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 ;[********] [Clause (27) was omitted by the Adaptation of Indian Laws Order in Council.](28)"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 ;(29)"master" used with reference to a ship, shall mean any person (except a pilot or harbour-master) having for the time being control or charge of the ship;(30)"month" shall mean a month reckoned according to the British calendar;(31)"movable property" shall mean property of every description, except immovable property;(32)"Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;(33)"offence" shall mean any act or omission made punishable by any law for the time being in force;(34)"part" shall mean a part of the Act in which the word occurs ;(35)"person" shall include any company or association or body of individuals, whether incorporated or not ;(35A)[ "pre-Re-organisation" [State of Bombay] [Clause (35A) was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.] 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 Re-organisation Act, 1956 (XXXVII of 1956);](36)"public nuisance" shall mean a public nuisance as defined in the Indian Penal Code (XLV of 1860);(37)[ "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.] [Clause (37) was substituted for the original by the Adaptation of Laws, Order, 1950.][** * * * * * *] [Clause (38) was deleted by Bombay 5 of 1948, section 2.](39)"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 ;(39A)[ "Saurashtra area of the [State of Bombay] [Clause (39A) was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957.]" shall mean the territories transferred to the new State of Bombay under clause (d) of sub-section (1) of section 8 of the State Re-organisation Act, 1956 (XXXVII of 1956), [and after the 1st day of May 1960 the said territories which form part of the State of Gujarat shall be known as the Saurashtra area of the State of Gujarat] [These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.];](40)"schedule" shall mean a schedule to the Act in which the word occurs;(41)"[Scheduled District] [That is the Villages belonging to the following Mehwasssi Chiefs: - 1. The Parvi of Kathi. 2. The Parvi of Nal. 3. The Parvi of Singpur. 4. The Walwi of Gaohalli. 5. The Wassawa of Chikhli. 6. The Parvi of Nawalpur.]" shall mean a "Scheduled District" as defined in the [Scheduled District Acts 1874] [The Scheduled Districts Act ceases to have effect under the Adaptation of Indian Laws Order, in Council.] (XII of 1874);(42)"section" shall mean a section of the Act in which the word occurs;(43)"ship" shall include every description of vessel used in navigation not exclusively propelled by oars;(44)"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" in the case of any one whose personal law permits adoption, shall include an adopted son;(46)"sub-section" shall mean a sub-section of the Section in which the word occurs;(46A)[ ["State of Bombay"] [Clause (46A) and (46B) were inserted by the Bombay Adaptation of Laws (State and Concurrent Subject), Order, 1956.] shall mean -(a)as respects any period on and after the 1st day of November 1956 the [Bombay area of the State of Gujarat] [These words were substituted for the words 'Pre-reorganisation State of Bombay excluding the transferred territories by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.];(b)as respects any period on and after that day the territories comprised in the new State of Bombay under section 8 of the Stages Re-organisation Act, 1956] (XXXVII of 1956);(46AA)[ "State of Gujarat" shall mean the territories which on the 1st day of May 1960 are comprised in the State of Gujarat under section 3 of the Bombay Reorganisation Act, 1960 (II of 1960);] [Clause (46AA) was inserted by Gujarat Adaptation of Laws Order, 1960.](46B)"transferred territories" shall mean the territories transferred from the pre-Re-organisation [State of Bombay] [The words 'State of Bombay' stand unmodified vide Gujarat Adaptation of Laws Order, 1960.] to the new States of Mysore and Rajasthan under section 7 and 10 or the States Re-organisation Act 1956 (XXXVII of 1956);](47)"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" shall include any ship or boat or any other description of vessel used in navigation;[***********************] [Clause (48A) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.](49)"will" shall include a codicil and every writing making a voluntary posthumous disposition of property;(50)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 or any substance; and(51)"year" shall mean a year reckoned according to the British calendar.
