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State of Punjab - Section

Section 3 in The Punjab Public Service Commission (Additional Functions) Act, 1955

3. General Definitions.

- In this Act, and in all enactments, unless the context otherwise requires, -
(1)"abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (Act 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 omissions;
(3)"affidavit", shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(4)"Central Act" and "Central Government" shall have the meanings respectively assigned to them in the General Clauses Act, 1897 (X of 1897);
(5)"chapter" shall mean a chapter of the enactment in which the word occurs;
(6)"clause" shall mean a sub-division of a section when the sub-division itself is not a sub-section, and shall include a sub-division of a sub-section;
(7)"Collector" shall mean the chief officer in charge of the revenue administration of a district and shall include a Deputy Commissioner;
(8)"commencement", used with reference to an enactment shall mean the time at which the enactment comes into force;
(9)"Commissioner" shall mean the chief officer in charge of the revenue administration of a division;
(10)"Constitution" shall mean the Constitution of India;
(11)"Covenant" shall mean the Covenant, entered into on the 5th day of May, 1948, by the Rulers of the former Indian States of Faridkot, Jind, Kalsia, Kapurthala, Malerkotla, Nabha, Nalagarh and Patiala for the formation of the State of Patiala and East Punjab States Union, as amended by the Supplementary Covenant entered into by the Rulers of the aforesaid States on the 9th day of April, 1949;
(12)"Deputy Commissioner" shall mean the chief officer in charge of the general administration of a district, and shall include a Nazim;
(13)"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 original civil jurisdiction;
(14)"document" shall include any matter written, expressed, inscribed 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;
(15)"enactment" shall mean a Pepsu Act, and shall include -
(a)an Ordinance promulgated under article 213 read with article 238 of the Constitution; and
(b)also any provision contained in any Pepsu Act or Ordinance as aforesaid;
(16)"father", in the case of any one whose personal law permits adoption, shall include an adoptive father;
(17)[ "Financial Commissioner" shall mean, - [Clause (17) substituted by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.]
(a)for any period before the 1st November, 1956 the Financial Commissioner for the time being for the territories of the State of Punjab which, immediately before the 1st November, 1956, formed part of the State of Patiala and East Punjab States Union;
(b)for any period on and from the 1st November, 1956 to the 31st October, 1966, the Financial Commissioner for the territories of the State of Punjab which immediately before the 1st November, 1966, formed part of that State; and
(c)for any period on and after the 1st November, 1966, the Financial Commissioner for the State of Punjab;]
(18)"financial year" shall mean the year commencing on the 1st day of April;
(19)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;
(20)"Government" or "the Government" shall include both the Central Government and any State Government;
(21)[ "High Court" shall mean, - [Substituted for clause (21) by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.]
(a)for any period before the 1st November, 1956, the High Court for the territories of the State of Punjab which, immediately before the 1st November, 1956, formed part of the State of Patiala and East Punjab States Union;
(b)for any period on and from the 1st November, 1956, to the 31st October, 1966, the High Court for the territories of the State of Punjab which immediately before the 1st November, 1966, formed part of the State; and
(c)for any period on and after 1st November, 1966, the High Court of Punjab and Haryana;]
(22)"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;
(23)"imprisonment" shall mean imprisonment of either description as defined in the Indian Penal Code (Act XLV of 1860);
(24)"India" shall mean all the territories for the time being comprised in the territory of India;
(25)"local authority" shall mean a municipal committee, small town committee, district board or other authority legally entitled to or entrusted by the Government with, the control or management of a municipal, small town or local fund;
(26)"magistrate" shall include every person exercising all or any of the powers of a magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898);
(27)"month" shall mean a month reckoned according to the British calendar;
(28)"movable property" shall mean property of every description except immovable property;
(29)"notification" shall mean a notification published in the Official Gazette;
(30)"oath" shall include an affirmation and a declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(31)"offence" shall mean any act or omission made punishable by any law for the time being in force;
(32)[ "Official Gazette or Gazette" shall mean, - [Substituted for clause (32) by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.]
(a)for any period before the 1st November, 1966, the Official Gazette of the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union;
(b)for any period on and from the 1st November, 1956, to the 31st October, 1966 the Official Gazette of the territories which, immediately before the 1st November, 1966 were comprised in the State of Punjab; and
(c)for any period on and after the 1st November, 1966 the Official Gazette of the State of Punjab;]
(33)"Part" shall mean a Part of the enactment in which the word occurs;
(34)"Pepsu" shall mean Patiala and East Punjab States Union; [as it existed immediately before the 1st November, 1956] [Certain words added at the end by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.]
(35)"Pepsu Act" shall mean an Act of the Legislature of the [territories which, immediately before the 1st November, 1956, formed part of the State of Patiala and East Punjab States Union] [Substituted for the words 'State of Patiala and East Punjab States Union' by the Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.] and shall include -
(a)any Act or Ordinance made or promulgated by the Ruler of the former Patiala State and made applicable to Pepsu by virtue of section 3 of the Patiala and East Punjab States Union General Provisions (Administration) Ordinance, 2005 Bk.; and
(b)an Ordinance made and promulgated by the Rajpramukh under Article X of the Covenant;
(36)"person" shall include any company or association or body of individuals, whether incorporated or not;
(37)"prescribed" shall mean prescribed by rules made under an enactment;
(38)"public nuisance" shall mean a public nuisance as defined in the Indian Penal Code (Act XLV of 1860);
(39)"registered", used with reference to a document shall mean registered under any law for the time being in force for the registration of documents;
(40)"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;
(41)"Schedule" shall mean a Schedule to the enactment in which the word occurs;
(42)"section" shall mean a section of the enactment 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, used with reference to a person who is unable to write his name, shall 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)"State Government" shall mean, in relation to anything done or to be done after the commencement of the Constitution, the [Governor;] [Substituted for the word 'Raj Pramukh' by Punjab Adaptation of Laws (State and Concurrent Subjects) Order, 1968.][Provided that in relation to anything done before the 1st November, 1956, the expression shall mean the Rajpramukh;]
(47)"sub-section" shall mean a sub-section of the section in which the word occurs;
(48)"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;
(49)"vessel" shall include any ship or boat or any other description of vessel used in navigation;
(50)"will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
(51)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;
(52)"year" shall mean a year reckoned according to the British calendar.