Chapter 11 DEFINATION

In all enactments, unless the context otherwise require (1)“abet” with its grammatical variations and cognate expressions, has the same meaning as in the Indian Penal Code. (Central Act 45 of 1860) (2) “Act” used with reference to an offence or a civil wrong denotes a series of act as well as a single act, and words which refer to acts done extend also to illegal omission. (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 Act’s 1861 to 1909 or any of those, Acts or under the Government of India Act, 1915 or bythe 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 executant sign the document, or has received from the executant a personal acknow-ledgement of his signature, and who has signed the document in the presence of the executant, but no particular form of attestation shall be necessary. (6) “Bengal Act” means an ‘Act made by the Lieutenant Governor of Bengal in Council under the Indian Councils act 1861 or the Indian Councils Act, 1861 and 1892 or the Indian Councils Acts, 1861, 1892 and 1909 or made by the Governor in Council of Fort William in Bengal under the Indian Council acts, 1861,’ 1892 and 1909 or by the Local Legislature of Bengal under the Government of India Act; (7)“Central Act” means an Act or Parliament and includes an act passed or made before the commencement of the Constitution (a) by the Domination Legislature or the Indian Legislature or (b) by the Governor-General in Council or the Governor-General acting in ‘legislative capacity. (8) “Central Government” in relation to anything done or to be done after the commencement of the Constitution, means the President, and include in relation of functions entrusted under clause (1) of Article 248 of the Constitution to the Government of Nagaland the Government of acting within the scope of the authority given to it under that clause (9) “Chapter” means a chapter of the enactment in which the word occurs; (10) “Child” in the case of any one whose personal law permit adoption, include an adopted child; (11) “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 sub-division of that sub-section (12) “Collector” means the chief officer in-charge of the revenue administration of a district (13) “Commencement” used with reference to an enactment means the day on which the enactment comes into force; (14) “Commissioner” means the chief officer in-charge of the revenue administration of a division (15) “Constitution” means the Constitution of India. (16) “Consular officer” includes consul general, consul, vice-consul, consular agent, proconsul and any other person for the time being authorised to perform the duties of, consul, General consul, vice-consul or consular agent; (17) “daughter” in the case of any one whose personal law permits adoption, includes an adopted daughter; (18) “day” means a period of twenty-tour hours beginning at midnight; (19) “DeputyCommissioner” means the chief officer in charge of the general and Judicial administration of a district; (20) “District Court” or the principal Civil Court of original jurisdiction means the court of Deputy Commissioner, or Additional Deputy Commissioner but does not the include High Court in the exercise of its ordinary or extra ordinary original civil jurisdiction (21) “District Judge” means the judge of a district court, and includes in addition district judge (22) “document” includes any matter written, expressed, inscribed or described upon any substance by means of letter, 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; (23) “Eastern Bengal and Assam” means the territories which were under the adminstration of the Lieutenant-Governor of Eastern Bengal and Assam immediately prior to the Constitution of the Chief Commissioner Ship of Assam in 1912; (24) “Eastern Bengal and Assam Act” means an Act made by the Lieutenant-Governor of Eastern Bengal and Assam in Council under the Indian Councils Act, 1861 to 1909 (25) “enactment” means an Act of the nagaland Legislature and includes a Regulation Nagaland Ordinance and any provision contained in any Act, Regulation or Ordinance as aforesaid (26) “father” in the case of any one whose personal law permits adoption, includes an adoptive father (27) “financial year” means the year commencing on the first day of April (28) “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. (29) “Government” or “the Government’ includes the State Government as well as the Central Government (30) “Government of Nagaland” means the Governor; (31) “Government securities” means securities of the Government of Nagaland, the Central Government or of any other Government (32) “High Court” means the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura) (33) “Immovable property” includes land, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth (34) “imprisonment” means imprisonment of either description as defined in the Indian Penal Code ; (central Act 45 of 1860)’ (35) “Judicial proceeding” includes any proceeding in the course of which evidence is, or may he legally taken (36) “Local authority” means a Municipal corporation, a municipality, a Municipal committee, Town Committee. a local or District Board or any other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund; (37) “local law” means a law applicable to a part only of nagaland; (38) “magistrate” includes every person exercising all or any of the powers of a magistrate under the Code of Criminal Procedure, 1973 or Nagaland Rules for Administration of Justice and Police Rules 1937, or under any other law for the time being in force relating to criminal procedure; (Central Act 2 of 1974) (39) “master” used with reference to a ship, includes every person (except a pilot or harbour-master) having for the time being command or charge of the ship; (Gentral Act 2 of 1962) (40) “Nagaland” means the State of Nagaland formed under section of the State of Nagaland Act, 1962 and comprising the Areas specified therein (41) “notification” means notification in the Official Gazette; (42) “Official Gazette” means the Official Gazette of Nagaland; (43) “Nagaland Act” means an Act passed by the Legislative Assembly of Nagaland; (44) “month” means a month reconed according to the Gregorian Calendar; (45) “m ( wa hie property” means property of every description except immovable property (46) “oath” includes an affirmation and a declaration in the case of persons by the law allowed to affirm or declare instead of swearing (47) “offence” means any act or omission made punishable by any law for the tirnc being in force (48) “Nagaland Ordinance” means an Ordinance promulgated by the Governor of Nagaland (49) “part” means a part of the enacment in which the word occurs (50) “person” includes any company or association or body of individuals whether incorporated or not (51) “prescribed” means prescribed by rules made under an enactment in which the word occurs; (52) “public” includes any class or section of,the public (53) “public nuisance” means a public nuisance as defined in the Indian Penal Code; (Central Act 45 of 1860) (54) “registered” used with reference to a document means registered in India under the law for the time being in force for the registration of documents (55) “regulation” means a Regulation made by the Governor under the Sixth Schedule to the Constitution or under the Government of India Act, 1935, and shall include the Regulation as defined in clause (50) of section 3 of the General Clauses Act, 1897 ; (Central Act 10 1867) (56) “rule” means a rule made in exercise of a power conferred by any enactment and includes a regulation made as a rule under any enactment (57) “schedule” means a schedule to the enactment in which the word occurs; (58) “section” means a section of the enactment in which the word occurs; (59) “ship” includes every description of vessel used in navigatio it not exclusively propelled by oars (60) “sign” with its grammatical variations and cognate expressions used with reference to a person who is unable to write his name includes ‘marks’ with its grammatical variations and cognate expressions (61) “son” in case of any one whose personal law permits adoption, includes an adopted son; (62) “special law” means a law applicable to a particular subject; (63) “State” means a State specified in the First Schedule to the Constitution and includes a Union Territory (64) “sub-section” means a sub-section of the section in which the word occurs; (65) “swear” with its grammatical variations and cognate expressions1 includes affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing (66) “vessel” includes any ship or boat or any other description of vessel used in navigation ; (Central Act 30 of 1925) (67) “will” and “codicil” have the meaning respectively assigned to them in the Indian Succession act, 1925 (68) “writing” expressions referring to writing shall be construed as including reference to printing, typewriting, photography and other modes of representing or reproducing words in visible forms (69) “year” means a year reckoned according to the Gregorian Calendar;

In every enactment, where a word is defined — (a) the definiti on shall apply unless the context of the enactment otherwise requires (h) grammatical variations of that word and cognate expressions shall have corresponding meanings.