General Clauses Act, 1977 (1920 A. D.)
No: 20 Dated: Apr, 01 1978
THE GENERAL CLAUSES ACT, 1977 (1920 A.D.)
(Act No. XX of Samvat 1977)
An Act for shortening the language used in Laws in force in the State and for other purposes.
Whereas it is expedient to shorten the language used in laws in force in the State and to make certain provisions relating to such laws; it is hereby enacted as follows :-
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the General Clauses Act, 1977.
(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.
2. Omitted.
General Definitions
3. Definitions. - In this Act, and in all enactments now in force or hereafter to be introduced, unless there is anything repugnant in the subject or context,-
(1) Abet. - "Abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Ranbir Penal Code ;
(2) Act. - 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. - "Affidavit", shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(4) Barrister. - "Barrister", shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland ;
(5) British India. - "British India" shall mean, as respects the period before the commencement of Part III of the Government of India Act, 1935, all territories and places within His Majesty's dominions which were for the time being governed by His Majesty through the Governor General of India or through any Governor or officer subordinate to the Governor General of India, and as respects any period after that date and before the date of the establishment of the Dominion of India, means all territories for the time being comprised within the Governor's Provinces and the Chief Commissioner's Provinces, and as respects any period after the date of the establishment of the Dominion of India and promulgation of the Adaptation of Laws Order, 2008, all territories comprised in a State specified in Part A of the First Schedule to the Constitution of India and the States of Ajmere, Coorg and Delhi;
(6) British possession. - "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 ;
(7) Chapter. - "Chapter" shall mean a Chapter of the Act or Regulation in which the word occurs;
(7-a) Repealed ;
(8) Collector. - "Collector" shall mean, the Deputy Commissioner of a district;
(9) Commencement. - "Commencement" used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force;
(10) District Judge. - "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;
(11) Document. - "Document" shall include any matter written, expressed or described upon any substance by means or 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 ;
(11-A) Enactment. - "Enactment" shell include any provision contained in any Act;
(12) Father. - "Father", in the case of any one whose personal law permits adoption, shall include an adoptive father;
(13) Financial Year. - "Financial year" shall mean the year commencing on the 1st day of April;
(14) 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;
(15) Omitted.
(16) Government of India. - "Government of India" shall-
(a) in relation to anything done before the commencement of the Constitution of India, mean the Governor General or the Governor General in Council as the case may be ; and
(b) in relation to anything done or to be done after the commencement of the Constitution of India mean the President;
(17) His Majesty or the King. - "His Majesty" or "the King" shall include his successors;
(18) Repealed.
(19) Immovable property. - "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 ;
(20) Imprisonment. - "Imprisonment" shall mean imprisonment of either description as defined in Ranbir Penal Code;
(21) India. - "India" shall mean-
(a) as respects any period before the commencement of the Dominion of India, British India together with all territories of Indian Rulers then under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian Ruler and the tribal arears ;
(b) as respects any period after the commencement of the Dominion of India and before the commencement of the Constitution of India, all the territories for the time being included in that Dominion ; and
(c) as respects any period after the commencement of the Constitution of India, all territories for the time being comprised in the territory of India ;
(21-A) Indian State. - "Indian State" shall mean-
(a) as respects any period before the commencement of the Constitution of India any territory which the Government of India recognized as such State ; and
(b) as respects any period after the commencement of the Constitution of India, any territory comprised in a State for the time being specified in Part B of the First Schedule to the said Constitution or comprised in the States of Bhopal, Bilaspur, Cooch-Behar, Himachal Pradesh, Kutch, Manipur and Tripura;
(22) Local authority. - "Local authority" shall mean a municipal committee or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund;
(23) Magistrate. - "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;
(24) Minister. - " Minister" shall include the Chief Justice and a Judge of the High Court of Judicature and every person appointed as Advisor to the Governor consequent on the Governor assuming the functions of the Government of the State under section 92 of the Constitution of Jammu and Kashmir;
(25) Month. - "Month" shall mean a month reckoned according to the Gregorian calendar ;
(26) Movable property. - "Movable property", shall mean property of every description, except immovable property;
(27) Oath. - "Oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing ;
(28) Offence. - "Offence" shall mean any act or omission made punishable by any law for the time being in force;
(29) Part. - "Part" shall mean a Part of the Act or Regulation in which the word occurs ;
(29-A) Part A, B and C States. - "Part A State" shall mean a State for the time being specified in Part A of the First Schedule to the Constitution of India, "Part B State" shall mean a State for the time being specified in Part B of that Schedule and "Part C State" shall mean a State for the time being specified in Part C of that Schedule or a territory for the time being administered by the President under the provisions of article 243 of the Constitution of India;
(30) Person. - "Person" shall include any company or association or body of individuals, whether incorporated or not;
(31) Political Agent. - "Political Agent" shall mean-
(a) in relation to any territory outside India, the Principal officer, by whatever name called representing the Government of India in such territory; and
(b) in relation to any territory within India to which the Indian Act or Regulation containing the expression does not extend, any officer appointed by the Government of India to exercise all or any of the powers of a Political Agent under that Act or Regulation ;
(32) Public nuisance. - "Public nuisance"shall mean a public nuisance as defined in the Ranbir Penal Code:
(33) Registered. - "Registered" used with reference to a document, shall mean registered in the State under the law for the time being in force for the registration of documents ;
(34) Rule. - "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;
(35) Schedule. - "Schedule" shall mean a schedule to the Act or-Regulation in which the word occurs ;
(36) Section. - "Section" shall mean a section of the Act or Regulation in which the word occurs ;
(37) Boat. - "Boat" shall include every description of Vessel used in navigation not exclusively propelled by oars;
(38) Sign. - "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;
(39) Son. - "Son", in the case of any one whose personal law permits adoption, shall include and adopted son ;
(39-A) The State. - "The State" mean the State of Jammu and Kashmir;
(40) Sub-section. - "Sub-section" shall mean a sub-section of the section in which the word occurs ;
(41) Swear. - "Swear", with its grammatical variations and cognate expression, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing;
(42) Vessel. - "Vessel" shall include any boat or any other description of vessel used in navigation ;
(43) Will. - "Will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
(44) A writing. - Expression 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
(45) Year. - "Year" shall mean a year reckoned according to the Gregorian calendar.