Section 4 in The Bihar and Orissa General Clauses Act, 1917
4. Definitions.
- In all Bihar and Orissa Acts [and Bihar Acts] [Substituted by A.O.1937], 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 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)"Bengal Act" shall mean 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 For [Indian Councils Act, 1861 to 1909] [Statement of Objects and Reasons see B. and O. Gazette, 1917, Pt.V, p. ]2;and for proceedings in Council, see ibid. 1917, Pt. VI, pp. 13 and 44.];(5a)[ "Bihar Act", shall mean an Act made by the [Provincial] [Added by A.O. 1937 read with A.O.1950.] Legislature or] the Governor of Bihar under the Government of India Act, 1935; [or by the Legislature of the State of Bihar under the Constitution] [Inserted 'Provincial' shall stand unmodified, See A.L.O.],(6)[* * *] [ Clause (6) Omitted by A.O.1937.](7)"Bihar and Orissa, Act," shall mean an Act made by the Lieutenant-Governor of Bihar and Orissa in Council under the Indian Councils Acts, 1861 to 1909, or the Government of India Act, 1915 [or by the Local Legislature or the Governor of Bihar and Orissa or of Bihar under the Government of India Act] [Inserted by A.O.1937.], and include-(i)a Bengal Act made after the eighteenth day of January, 1899, which is still in force in Bihar and Orissa;(ii)with respect to clauses (3), (32), (34),(37) and (54) of this Section and in Sections 6, 15, 19, 24, 25, 26, 29 and 32(1), of Bengal Act made after the first day of June, 1867, which is still in force in Bihar and Orissa;(8)[* * *] [Clause 8 Omitted by A.O.1937.](9)"British Possession" shall mean any part of His Majesty's dominions, exclusive of the United Kingdom, and, where parts of those 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;(10)"Chapter" shall mean a Chapter of the Act in which the word occurs;(11)"Collector" shall mean the Chief Officer in charge of the revenue administration of a district and shall include a Deputy Commissioner;(12)"Commencement" used with reference to an Act, shall mean the day on which the Act comes into force;(13)"Commissioner" shall mean the Chief Officer in charge of the revenue administration of a division;(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 Court" shall mean the principal Civil Court of original jurisdiction of a district, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;(16)"District Judge" shall mean the Judge of a District Court;(17)"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;(18)"Enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid;(19)"father," in the case of anyone whose personal law permits adoption, shall include an adoptive father;(20)"financial year" shall mean the year commencing on the first day of April;(21)[* * * *] [Clause 21 Omitted by A.O.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)[ "Government" or "the Government" shall include both the Central Government and the State Government] [Inserted by A.O.1950.].(24)[* * * * *] [Clause 24 Omitted by A.O. 1937.](25)"High Court" used with reference of Civil proceedings, shall mean the highest Civil Court of Appeal in the part of Bihar [and Orissa], in which the Act containing the expression operates;(26)[* * * *] [Clause 26 Omitted by A.O. 1950.](27)"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;(28)"imprisonment" shall mean imprisonment of either description as defined in the Indian Penal Code;(29)[* * * *] [Clause 29 Omitted by A.O. 1937.](30)"Local authority" shall mean a Municipal Committee, District Board, or any other authority entrusted by [any Government] [Substituted by A.O. 1937 for 'the Government] with, or legally entitled to, the control or management of a municipal or local fund;(31)[* * * * *] [Clause 31 Omitted by A.O. 1937.](32)"Magistrate" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure for the time being in force;(33)"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;(34)"month" shall mean a month reckoned according to the British calendar;(35)"movable property" shall mean property of every description except immovable property;(36)"notification" shall mean a notification in the [Official Gazette] [Substituted by A.O. for 'Gazette'.];(37)"Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;(38)"Offence" shall mean any act of omission made punishable by any law for the time being in force;(39)"Part" shall mean a part of the Act or Regulation in which the word occurs;(40)"person" shall include any company or association or body of individuals, whether incorporated or not;(41)[ 'political agent' shall mean,- [Substituted by A.O. 1950.](a)in relation to any territory outside India, the Principal Officer, by whatever name called, representing the Central Government in such territory; and(b)in relation to any territory within India to which the Act or Regulation containing the expression does not extend, any officer appointed by the Central Government to exercise all or any of the powers of a political Agent under that Act or Regulation;](42)[****] [Clause 42 Omitted by A.O. 1937.](43)"public nuisance" shall mean a public nuisance as defined in the Indian Penal Code;(44)"registered," used with reference to a document, shall mean registered in [India] [Substituted by Bihar A.L.O.1957 for '(a Part A State or a Part C State).'] under the law for the time being in force for the registration of documents;(45)[ "Regulation" shall mean a Regulation made by the Governor under sub-paragraph (2) of paragraph (5) of the Fifth Schedule to the Constitution and shall include a Regulation made by the Central Government under the Government of India Act, 1870 or the Government of India Act, 1915, or the Government of India Act, 1935 or by the Governor under the Government of India Act, 1935, or by the President under Article 243 of the Constitution;] [Substituted by A.O. for the original clause, 1950.](46)"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;(47)"Schedule" shall mean a Schedule to the Act or Regulation in which the word occurs;(48)"Scheduled District" shall mean a "Scheduled District" as defined in the Scheduled Districts Act, 1874;(49)"Section" shall mean a Section of the Act or Regulation in which the word occurs;(50)"Ship" shall include every description of vessel used in navigation not exclusively propelled by oars;(51)"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;(52)"son," in the case of any one whose personal law permits adoption, shall include an adopted son;(53)"sub-section" shall mean a sub-section of the Section in which the word occurs;(54)"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;(55)"vessel" shall include any ship or boat or any other description of vessel used in navigation;(56)"Will" shall include a Codicil and every writing making a voluntary posthumous disposition of property;(57)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(58)"year" shall mean a year reckoned according to the British calendar.
