No: 7 Dated: May, 09 1970

THE MEGHALAYA INTERPRETATION AND GENERAL CLAUSES ACT, 1970

ACT 7 OF 1970

An Act to provide for the interpretation of Meghalaya enactments and for shortening the language thereof. Be it enacted by the Legislature of Meghalaya in the Twenty-first Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1. Short title and commencement:- (1) This Act may be called the Meghalaya Interpretation and General Clauses Act, 1970.

(2) It shall come into force in such date as the Government of Meghalaya may by notification appoint.

2. Application of Act:- Save as otherwise expressly provided herein the provisions of this Act shall apply, unless the context otherwise requires, to this Act and to all other enactments, whether passed before or after the commencement of this Act.

CHAPTER

Definitions

3. Definitions:- In all enactments, unless the context otherwise requires-

(1) “abet”, with its grammatical variations and cognate expressions, has the same meaning as in the Indian Penal Code;

(2) “act” used with reference to an offence or a civil wrong denotes a series of acts as well as a single act, and words which refer to acts done extend also to illegal omissions.

(3) “affidavit” means a statement in writing, signed by the person making it and confirmed by oath.

(4) “Assam Act” means an Act made by the Chief Commissioner of Assam in Council under the Indian Councils Acts, 1861 to 1909 or any of those Acts, 1861 to 1909 or any of those Acts, or under the Government of India Act, 1915 or by the Local Legislature of Assam under the Government of India Act, or by the Provincial Legislature or the Governor of Assam under the Government of India Act, 1935, or by the Legislature of the State of Assam under the Constitution;

(5) “attested” in relation to a document means attested by a witness who has seen the executed sign the document, or has received from the executants a personal acknowledgement of his signature, and who has signed the document in the presence of the executants, but no particular form of attestation shall be necessary;

(6) “autonomous State” means the autonomous State of Meghalaya formed under Section 3 of the Assam Reorganisation (Meghalaya) Act, 1969;

(7) “Bengal Act” means an Act made by the Lieutenant Governor of Bengal in Council under the India Councils Act, 1961, or the Indian Councils Acts, 1861 and 1892 or the Indian Councils Acts,1961, or the Indian Councils Acts, 1861,1892 and 1909 or made by the Governor in Council of Fort William in Bengal under the Indian Councils Acts, 1861 1892 and 1909, or by the Local Legislature of Bengal under the Government of India Act;

(8) “Central Act” means an Act of Parliament, and includes an Act passed or made before the commencement of the Constitution;-

(a) by the Dominion Legislature or the Indian Legislature, or,

(b) by the Governor-General in Council or the Governor- General acting in a legislative capacity;

(9) “Central Government” in relation to anything done or to be done after the commencement of the Constitution, means the President, and includes in relation to functions entrusted under clause (1) of article 258 of the Constitution to the Government of Meghalaya the Government of Meghalaya acting within the scope of the authority given to it under that clause;

(10) “Chapter” means a Chapter of the enactment in which the word occurs;

(11) “Child”, in the case of any one whose personal law permits adoption, includes an adopted child;

(12) “clause” occurring in a section which has no sub- section, means a sub-division of that section, and occurring in a sub-section means a subdivision of that sub-section;

(13) “collector” means the chief officer in-charge of the revenue administration of district;

(14) “commencement” used with reference to an enactment, means the day on which the enactment comes into force;

(15) “commissioning” means the chief officer in-charge of the revenue administration of a division;

(16) “Constitutes” means the Constitution of India;

(17) “consular officer” includes consul-general, consul, vice-consul, consular agent pro-consul and any other person for the time being authorised to perform the duties of a consul- general, consul, vice-consul or consular agent;

(18) “daughter” in the case of any one whose personal law permits adoption, includes an adopted daughter;

(19) “day” means a period of twenty-four hours beginning at midnight ;

(20) “deputy-commissioner” means the chief officer in- charge of the general administration of a district;

(21) “district court” means the principal civil court of original jurisdiction but does not include the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;

(22) “district judge” means the judge of a district court, and includes an additional district judge;

(23) “document” includes 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, intended to be used or which may be used as evidence of that matter;

(24) “Eastern Bengal and Assam” means the territories which were under the administration of the Lieutenant Governor of Eastern Bengal and Assam immediately prior to the constitution of the Chief Commissionership of Assam in 1912;

(25) “Eastern Bengal and Assam Act” means an Act made by the Lieutenant Governor of Eastern Bengal and Assam in Council under the Indian Council Acts, 1861 to 1909;

(26) “enactment” means an Act of the Meghalaya Legislature, and includes an Ordinance and any provision contained in any Act or Ordinance as aforesaid;

(27) “father”, in the case of any one whose personal law permits adoption, includes an adoptive father;

(28) “financial year” means the year commencing on the first day of April;

(29) “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 ;

(30) “Government” or “the Government” includes the Government of Meghalaya, the Central Government and the Government of any State;

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