Sikkim Interpretation And General Clauses Act, 1977
No: 6 Dated: Oct, 27 1977
Sikkim Interpretation and General Clauses Act, 1977
(Act No 6 of 1977)
An Act to provide for and to facilitate the interpretation and construction of Sikkim laws, to shorten the language used therein and to make certain other provisions relating to such laws.
Whereas it is expedient to provide for and to facilitate the interpretation and construction of Sikkim laws to shorten the language used therein and to make certain other provisions, relating, to such laws
Be it enacted by the Legislature of Sikkim in the Twenty-eighth Year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title and commencement. - (1) This Act may be called the Sikkim Interpretation and General Clauses Act, 1977.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Application. - Unless otherwise expressly provided or unless the' context otherwise requires, the provisions of this Act shall apply to-
(a) all Sikkim laws made before or after the commencement of this Act;
(b) all notifications, order, schemes, rules, regulations, by-laws or any other instruments having the force of law and made under, or in exercise of any power conferred by any Sikkim, law.
CHAPTER II
Definitions
3. Definitions. - In all Sikkim laws, unless there is anything repugnant in the subject or context, or unless a contrary intention appears,
(1) abet with its grammatical variations and cognate Expressions, has the. Same, meaning as in the Indian Penal Code, 1860 (45 of 1860)
(2) Act used with reference to an offence or a civil wrong denotes a. series of acts, 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) "Central, Act" shall mean an Act of Parliament and shall include
(a) an Act of the Dominion Legislature, or of the Indian Legislature passed before the commencement of the Constitution, and
(b) an Act made, before such commencement by the Governor-General-in Council or the Governor General acting in a legislative capacity;
(5) "Central Government" in relation to anything done or 'to be done after commencement of the ,Constitution (Thirty-sixth Amendment) Act, 1975, means the President and includes, in relation to functions entrusted under clause (1) of Article 258 of the Constitution to the Government of Sikkim, the Government of Sikkim acting within the scope of the authority given to it under that clause;
(6) "child" in the case of anyone whose personal law permits adoption includes an adopted child;
(7) "collector" means the chief officer in charge of the revenue administration of a 'district;
(8) "commencement", used with reference to an enactment means the day on which such enactment come into force
(9) "Constitution" means the 'Constitution, of India
(10) "daughter", in the case of anyone whose personnel law permits adoption, includes an adopted' daughter;
(11) "day" means the period of twenty-four hours beginning at midnight; I
(12) "District Court" means the principal civil court of original jurisdiction constituted for the purpose but shall not include, the High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;
(13) "District Judge" means the judge of District Court and includes" an Additional District Judge;
(14) "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 which is intended to be used or which may be used for the purpose of recording that matter?
(15) "enactment" means any law and includes any provision contained in any law;
(16) "father", in the case of anyone whose personal law permits adoption, includes an adoptive father;
(17) "financial year" means the year commencing on the first day of April and ending on the thirty-first day of March next following;
(18) "good faith" a thing is faith where it is in fact done negligently or not;
(19) "Government" or "the Government" includes the State Government as well as the Central Government;
(20) "government security" means securities of the Government of Sikkim or any other Government;
(21) "Governor" means, as respects the period after the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, the Governor of Sikkim;
(22) "growing crops" mean crops of all sorts attached to the soil and leaves, flowers and fruits upon and juice in, trees and shrubs;
(23) "High Court" means the High Court of Sikkim;
(24) "immovable property" includes land, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to earth but does not include standing timber growing crops or grass;
(25) "imprisonment" means imprisonment of either description as defined in the Indian Penal Code, 1860 (45 of 1860);
(26) "law" means any law, Act, Ordinance, Proclamation, regulation, rule, notification, order, by-law, scheme or other instrument having for the time being the force of law;
(27) "Legislative Assembly" or "State Legislative Assembly" means the Legislative Assembly of the State of Sikkim;
(28) "local authority" means a municipal corporation a municipality, a municipal committee, a local or district board, a Zilla Parishad, a Panchayat Samitee, a Block Panchayat or any other authority legally entitled to or entrusted by the Government with the control or management of municipal or local fund;
(29) "Magistrate" includes every person exercising all or any of the powers of a magistrate under the Code of Criminal Procedure for the time being in force;
(30) "Month" means a month reckoned according to the English calendar;
(31) "mother", in the case of anyone whose personal law Permits adoption, includes an adoptive mother;
(32) "movable property" means property of every description except immovable property;
(33) "oath" includes affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(34) "offence" means any act or omission made punishable by any law for the time being in force;
(35) "Parliament" means the Parliament of India;
(36) "person" includes any 'company or association or body of individuals, whether incorporated or not;
(37) "prescribe" means prescribed by rules made under an enactment in which the expression occurs;
(38) "President" means the President of India;
(39) "public nuisance" has the same meaning as in the Indian Penal Code, 1860 (45 of 1860);
(40) "registered", used with reference to a document, means registered in Sikkim or anywhere else in India under any law for the time being ill force for the registration of documents;
(41) "regulation" means regulation made in exercise of a power conferred by any enactment and includes a non-statutory or other independent regulation having for the time being the force of law;
(42) "rule" means a rule made in exercise of a power conferred by enactment and includes a non-statutory other independent rule having for the time being the force of law;
(43) "sign" with its grammatical variations and cognate expressions, used with reference to a person who is unable to write his name, includes "mark" with its grammatical variations and cognate expressions;
(44) "Sikkim laws" mean and include:
(a) all laws in force in the territories comprised in the State of Sikkim or any part thereof immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975;
(b) all laws amending or repealing any such law referred to in sub-clause (a);
(c) all orders made and passed under clause (1) of Article 371 F of the Constitution making adaptations or modifications of the laws referred to in sub clause (a) whether by way of repeal or amendment;
(d) all enactments in force in a State or some States in India with respect to matters in the State List or the Concurrent List of the Constitution not being Central Acts and extended to the State of Sikkim by notifications under clause (n) of Article 371 F of the Constitution;
(e) all Ordinances promulgated by the Governor of Sikkim
(f) all Acts passed by the Sikkim Legislative Assembly which have received the assent of the Governor or the President;
(g) all laws made by parliament or the President in respect of the State of Sikkim under or in exercise of the powers conferred by Article 356 and Article 357 of the Constitution;
(45) "son", in the case of anyone whose personal law permits adoption, includes an adopted son;
(46) "State Government" or "the Government of Sikkim" in relation to anything done or to be done on and from the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, means the Governor;
(47) "swear" with its grammatical variations and cognate expressions includes affirming and declaring in the case of person by law allowed to affirm or declare instead of swearing;
(48) "will" and "codicil" have the meanings respectively assigned to them in the Indian Succession Act, 1925 (39 of 1925);
(49) "writing" includes printing, type-writing, lithography, photography and other modes of representing or reproducing words in a visible form;
(50) "year" means a year reckoned' according to the English. Calendar.