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State of Haryana - Section

Section 2 in The Punjab General Clauses Act, 1898

2. Definitions.

- In this Act and in [all Punjab and Haryana Acts] [Substituted by Haryana Adoption of Laws Order, 1968.] [-] [The words 'and East Punjab Acts' inserted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, were omitted by the Adaptation of Laws Order, 1951.] unless there is anything repugnant in the subject or context, -
(1)"abet", with its grammatical variations and cognate expression, 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 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 member of the Faculty of Advocates in Scotland;
(5)[-] [The definition of 'British India' was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.]
(6)"British possession" shall mean any part of Her Majesty's Dominions, exclusive of the United Kingdom, and where parts of those Dominions are under both a Central and local Legislature, all parts under the Central Legislature shall for the purposes of this definition, be deemed to be one British Possession;
(7)"chapter" shall mean a Chapter of the [Punjab or Haryana] [Substituted for the word 'Punjab' by Haryana Adoption of Laws Order, 1968.] Acts [-] [The word 'or East Punjab Acts' inserted by the Indian Independence Order 1948, omitted by Adaptation of Laws Order, 1951.] in which the word occurs;
(8)[-] [The definition of 'Chief Court' was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.]
(9)"Collector" shall mean the chief officer-in-charge of the revenue administration of a district and shall include a Deputy Commissioner;
(10)[ "colony" [Substituted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.]
(a)in any Punjab Act passed after the commencement of Part III of the Government of India Act, 1935, [-] shall mean any part of Her Majesty's Dominions exclusive of British Islands, the Dominions of India and Pakistan (and before the establishment of those Dominions, British India), any Dominions as defined in the Statute of Westminster. 1931, any Province or State forming part of any of the said Dominions and British Burma; and
(b)in any Punjab Act passed before the commencement of Part III of the said Act, means any part of Her Majesty's Dominions exclusive of the British Islands and of British India;
and in either case where parts of these Dominions are under both a central or local legislature, all parts under the central legislature shall, for the purposes of this definition, be deemed to be one colony.]
(11)"commencement" used with reference to a Punjab Act [-] [The words 'or East Punjab Act' inserted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, were omitted by the Adaptation of Laws (third Amendment) Order, 1951.] shall mean the day on which the Act comes into force :
(12)"Commissioner" shall mean the chief officer-in-charge of the revenue and general administration of a division;
(13)"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;
(14)"Deputy Commissioner" shall mean the chief officer-in-charge of the general administration of a District;
(15)[ "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction; but shall not include the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;] [Substituted for the old clause by Punjab Act VI of 1918, section 50.]
(16)"document" shall include any matter written, expressed or inscribed 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;[(16-a)] [Clause (16-a) inserted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, omitted by the Adaptation of Laws Order, 1951.]
(17)"enactment" shall include any provision contained in any [Punjab or Haryana] [Substituted for the word 'Punjab' by Haryana Adoption of Laws Order, 1968.] Act [-] [The words 'or East Punjab Act' inserted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, were omitted by the Adaptation of Laws Order, 1951.]
(18)"father" in the case of any one whose personal law admits adoption shall include an adoptive father :
(19)"Financial Commissioner" shall mean the Financial Commissioner of [Haryana] [Substituted for the word 'Punjab' by Haryana Adoption of Laws Order, 1968.] for the time being;
(20)"financial year" shall means the year commencing on the first day of April;
(21)[ - ] [Definition of 'Gazette' was omitted by the Goverment of India (Adaptation of Indian Laws) Order, 1937.]
(22)"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;
(23)"Government" or "the Government" shall include the State Government as well as the [Central Government] [Substituted for the words 'Government of India' by the Government of India (Adaptation of India Laws) Order, 1937.];
(24)Haryana Act shall mean an Act made by the Legislature of the State of Haryana under the Constitution on or after the 1st November 1966.
(25)[-] [The definition of 'Her Majesty or the Queen' was omitted by the Adaptation of Laws Order, 1951.]
(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;
(28)[-] [Definition of 'India' omitted by the Government of India (Adaptation of India Laws) Order, 1937.]
(29)[-] [Definition of 'India Act' ommitted by Government of India (Adaptation of Indian Laws) Order, 1937.]
(30)"local authority" shall mean a municipal committee, district board, body of port commissions or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund;
(31)[-] [The definition of 'Local Government' was omitted by the Government of India (Adaptation of Indian Laws) Order, 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;] [Now Act 5 of 1898, see unrpealed Central Acts, Volume IV.]
(33)Master of a ship "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 published under proper authority in the [Official Gazette] [Substituted for the word 'Gazette' by the Government of India (Adaptation of Indian Laws) Order, 1937.];
(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 means any act or omission made punishable by any law for the time being in force;
(39)"Part" shall mean the Part of [Punjab or Haryana] [Substituted for the word 'Punjab' by Haryana Adoption of Laws Order, 1968.] Act [-] [The words 'or East Punjab Act' inserted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948, were omitted by the Adaptation of Laws Order, 1951.] 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 - [Old clause (41) was substituted by the Adaptation of Laws Order, 1948, and the clause so substituted was against substituted by the present clause by the Adaptation of Laws Order, 1951.]
(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 in a Part B State, any officer appointed by the Central Government to exercise all or any of the powers of the Political Agent under the Act or Regulation in which the expression occurs;]
(42)[The definition of "Privy Council" was omitted by the Adaptation of Laws Order, 1951.]
(43)[The definition of "Province" was omitted by the Adaptation of Laws Order, 1951.]
(44)"Public nuisance" shall means a public nuisance as defined in the Indian Penal Code;
(45)[The definition of "Punjab" was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.]
(46)[ "Punjab Act" shall means an Act made by the Lieutenant Governor of the Punjab in Council under the Indian Councils Acts, 1861 to 1909, or any of by those Acts, or the Government of India Act, 1915, or by the Local Legislature or the Governor of the Punjab under the Government of India Act, or by the Provincial Legislature or the Governor of Punjab [or by the provincial Legislature or the Governor of East Punjab under the Government of India Act, 1935] [Substituted for the old definition by the Government of India Acts, 1935', by the Adaptation of Indian Laws Orders, 1937.], or by the Legislature of Punjab under the Constitution] [before 1st November 1966] [Words inserted by Haryana Adoption of Laws Order, 1968.];
(47)"registered" used with reference to a document, shall mean re-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] [Substituted for the words 'a Province of India' by the Adaptation of Laws Order, 1951. The words 'a Province of India' had been substituted for the words 'British India' by the Adaptation of Laws Order, 1937.];
(48)"rule" shall mean a rule made in exercise of power conferred by any enactment, and shall include a regulation made as a rule under any enactment;
(49)"schedule" shall mean a schedule to the [Punjab or Haryana] [Substituted for the word 'Punjab' by Haryana Adoption of Laws Order, 1968.] Act [-] [The words 'or East Punjab Act' inserted by the Adaptation of Laws Order, 1948, were omitted by the Adaptation of Laws Order, 1951.] in which the word occurs;
(50)"scheduled district" shall mean a scheduled district as defined in the Scheduled Districts Act, 1874] [See unrepealed Central Acts, Volume II.];
(51)"section" shall mean a section of the [Punjab or Haryana] [Substituted for the word 'Punjab' by Haryana Adoption of Laws Order, 1968.] Act [-] [The words 'or East Punjab Act' inserted by the Adaptation of Laws Order, 1948, were omitted by the Adaptation of Laws Order, 1951.] in which the word occurs;
(52)"ship" shall include every description of vessel used in navigation not exclusively propelled by oars;
(53)"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;
(54)"son" in the case of any one whose personal law permits adoption, shall include an adopted son;
(55)"sub-section" shall mean a sub-section of the section in which the word occurs;
(56)"swear" with its grammatical variations and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm of declare instead of swearing;
(57)"vessel" shall include any ship or boat or any other description of vessel used in navigation :
(58)"will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
(59)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
(60)"year" shall mean a year reckoned according to the British calendar.General Rules for Construction[3. Coming into operation of enactments. - Where any Punjab Act is not expressed to come into operation on a particular day, then, -
(a)in the case of a Punjab Act made before the commencement of the Constitution, it shall come into operation, if it is an Act of the Legislature, on the day on which the assent thereto of the Governor, the Governor-General, or His Majesty, as the case may require, is first published in the Official Gazette and, if it is an Act of the Governor, on the day on which it is first published in the Official Gazette; and
(b)in the case of a Punjab Act made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the Official Gazette; and in every such Act the date of the first publication thereof shall be printed either above or below the title of the Act and shall form part of every such Act].