Definitions

In this Act and in all Hyderabad laws as defined in clause (1-a), unless there is anything repugnant in the subject or context,– (1) “Constitution” means the Constitution of India; (1-a) “Hyderabad law” means,- (i) an Act of the Legislature established for the pre-Reorganisation Hyderabad State by the Constitution, including an Act made under Article 385 thereof; (ii) an Act made before the commencement of the Constitution by the Legislative Council or the Legislative Assembly in existence in the pre-Reorganisation Hyderabad State at the time of making of the Act; (iii) a Regulation including an Act made by H.E.H. the Nizam before the 18th day of September, 1948; and (iv) a Regulation made by H.E.H. the Nizam, the Military Governor or the Chief Minister of the pre-Reorganisation Hyderabad State on or after the said date but before the commencement of the Constitution; Explanation:- In this Act and in all Hyderabad laws whose authoritative text is in Urdu, the Urdu expression “Qanoon” shall be deemed to have the meaning assigned to “Hyderabad law” in this clause; (2) the word “Part” when used with respect to any Act shall mean a part of the Act in which the word is used; (3) the word “Chapter” when used with respect to any Act shall mean a chapter of the Act in which the word is used; (4) the word “Section” when used with respect to any Act shall mean a section of the Act in which the word is used; (5) the word “Sub-section” when used with respect to any section shall mean a sub-section of the section in which the word is used; (6) the word “Schedule” shall mean a Schedule to the Act in which the word is used; (7) (i) “Pre-Reorganisation Hyderabad State” shall mean,- (a) as respects any period before the commencement of the Constitution, the territory comprised in the Indian State of Hyderabad; (b) as respects any period after the commencement of the Constitution, the territories of the State of Hyderabad as specified in Part B of the First Schedule to the Constitution before the commencement of the States Reorganisation Act, 1956. Explanation.- In all Hyderabad laws whose authoritative text is in Urdu, any reference in Urdu to “Mumalik-i-Mahroosa-i-Sarkar-i-Aali” (H.E.H. the Nizam’s Dominions), and in all Hyderabad laws whose authoritative text is in English, any reference to “the Hyderabad State” or “the State of Hyderabad” shall be deemed to be references to the pre-Reorganisation Hyderabad State; (ii) Hyderabad area of the State of Andhra Pradesh means the territories transferred from the pre-Reorganisation Hyderabad State to the State of Andhra Pradesh under section 3 of the States Reorganisation Act, 1956; (7-A) the word “Balda” shall mean the city of Hyderabad and shall also include suburbs; (8) the word “district” shall also extend to the city and suburbs; and the Board of Revenue, or any authority whom the Government may appoint shall exercise the powers of a District Collector for the city and suburbs; (9) “Government” means the State Government as defined in clause (60) of section 3 of the General Clauses Act, 1897. Explanation:- In all Hyderabad laws whose authoritative text is in Urdu, any reference in Urdu to “Sarkar-i-Aali” shall be deemed to be a reference to Government; (10) “Principal Revenue Department” shall mean the Board of Revenue, or the department vested with powers of the Board of Revenue, in reference to which the words “Principal Revenue Department” are used; (11) the words “Local Authority” shall mean a municipal committee, local fund committee, or such other committee which may be entitled to expend and control any local income according to law; (12) “Collector” means the Chief Officer in charge of the revenue administration of a district; Explanation:- In all Hyderabad laws any reference to “Talukdar” or “Awal Talukdar” (first Talukdar), shall be deemed to be references to the Collector; (13) “District Court” shall mean the principal Court of original jurisdiction in a district; (14) “Magistrate” shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1898, for the time being in force; (15) “Official Gazette” means the Government Gazette which is published under the orders of the Government; Explanation.- In all Hyderabad laws, for the time being in force, any references to “Jarida” “Jarida Alamia” or “Jarida-Alamia Sarkar-i-Aali” shall be deemed to be references to the Official Gazette; (16) the word “Notification” shall mean a notification published in the Official Gazette by a lawful order; (16-A) the word “Order” shall mean an order given by a Government servant in exercise of any power vested in him by law; (17) the word “Rule” shall mean a rule made in accordance with the power conferred by any law; (17-A) the words “Government Servant” shall include every person who receives a monthly pay or remuneration from the Government, or who receives any wages for Government work, or who does any Government work without wages; Explanation.- (1) Railway employees, members and servants of municipal committees shall also be considered as Government servants; Explanation.- (2) Wherever the expression “Government servant” occurs, it applies to every person who is virtually holding the office of a Government servant, whatever defect there might be in his right to hold that post; (17-B) the words “act of a Government servant” shall mean an act which he may do in the official capacity; (18) the words “Order of a Government servant” shall mean only the order made by a Government servant in the exercise of his official powers virtually vested in him or which he believes in good faith to vest in him and has not been cancelled by any other order; (19) the word “power” means a legal power; (19-A) the word “property” shall extend to both immovable and movable; (20) the words “immovable property” shall include land rights of benefits arising out of land and all things attached to the earth, or permanently fastened to anything attached to the earth so long as it is thus attached or fastened; (21) the words “movable property” shall mean property of every description other than immovable property; (21-A) the word “goods” shall not extend to immovable property; (22) “rupee” means a rupee in I. G. currency and fractional denominations of a rupee shall be construed accordingly; (23) the word “writing” and the expressions including the word “writing” shall include impression of every kind and every mode by which words are represented on any material substance; (24) the word “signature” and the expressions including the word “signature” shall, when used with respect to any person who is unable to write his name, include the mark of his seal, or any other “mark”; (25) the word “document” shall include any matter recorded in writing by such means as are intended to be used, or which may be used, for the purpose of recording that matter; (25-A) the words “valuable security” shall mean a document which is or purports to be a document whereby any legal right is created, extended, transferred, restricted, extinguished, or released or whereby any person