Amendment status not verified — confirm the current text below against the official source.
Machinery if it is affixed to the soil can be iO"movable property. {AIR 1938 A 11 57~]. The structure which is permanently fixed to the land is immovable property for the purpose of Pre-~mption Act [ATR 1959 J and K n1. Structure of a building, building, doors of a house, bamboos are all immov- able property . Insurance Policy is a moveable property. [Bulchand Candiram v. Bank of lnd;a, AIR 1968 SC 1475] . Interest of a partner in partnenhip assets e en coosi~ting of lands is a moveable property. [Addanki Naray@oppa v. Blzask01a, AIR 1 ~ 66 SC 1300] . s. 4] Assnm General Clauses Act, 1915 791 (31) "imprisonment" shall mean imprisonment of either C'escription as defined in the [ndian Penal Code; NOTES Clause 31. Undet' this clause the word 'imprisonment' means impl'ison- ment of eithe~ description as defined in the Penal Code. (32) tDeletedj. (33) " Judicial proceedings" shall mean any proceeding in the course of which evidence is. or may be, legally taken ; (34) "local authority" shall mean a body of Municip:~l or Station Commissionel's, Local Board, Ol' any other authority entrusted by the Government with, or legally entitled to, the control or managelt'ent of a municipal or local fund ; NOTES Clause 14. The State Tran~port Corporation is riot a local authority. [Valjibhai v. Tire State of Bombay, AIR 1963 SO 1890]. State Electricity Board, group of villagers and :State Housing Board are also not "local authority". (3 5) " Local Administ~ation" shall mean the Provincial Government; (36) LDeleted] . (3 7, " Magistrate" shall include every person exercising all or any of the powers of Magistrate under the Code of Criminal Procedure for the time bejng in force ; NOTES C/auae 37. 1 he definition of "Magistrate" in this Act is not confined to Magistratc:s exercising jurisoiction under tbe Code of Criminal Procedure ~ it merely includes them. (38) "master" used with reference to a ship shall rr.ean any person (except a pilot or harbour-master) having for the time being control or charge of the ship ; ( 39) "month" shall mean a month reckoned according to the British calendar. NOTES Clause 39. Month means English Calendar month. [AIR 1961 Tripura 16 and also see AlR lY62 Orissa 149] . (40) "movable property" shall mean property of every description except immovable property ; ( 41) "notification" shall mean a notification in the official Oazelte ; (42) " oath" shall include affirmation and declaration in the case of person by law allowed to affirm or declare instead of swearing ; 792 North-Ea3tern Region Local Act3 & Rules {S. 4 NOTES Clause 42. "Oath" includes affirmation and as such undt'r S. 145 of the Code of Criminal Procedure affidavits from a very important piece of evidence for arriving at a finding of poss('ssion. (43) "offence" shall mean any act or omission made punishable by any law for the time being in force ; NOTES C/au3e 43. The word "made" used in this clause is very significant because it carries the implica tion that some authority empov. ered to do f o has laid down the law. (AIR 1Y54 All 319] . (44) "part" shall meuu a part of the Act in which the word o~:curs (45) ''person" shall include any company or association or body of individuals, whether incorporated or not ; NOTES Clause 45. An association of persons is normally one in which two or more persons join in a common purpose or common action There is no formula of universal application but must depend upon particular facts and circumstnnces A Municipality [AIR 1937 Bom 417; AIR 1969 All I] ; Hindu diety [AIR 1969 SC 1089] ; a limited company, Managing Com- mittee of a school [A l R 1969 Orissa 30] ; Company registered under the Companies Act LAIR 1956 Cal 137] all come within the definition of "pel'son" , but to import this definiti.>n into S. 4 of the Partnership Act, will be totally repugnant to the subject of partnership law because the meaning of the word "penon" in the Partnership Act is controlled by the conteAt. [AIR 1956 SC 35 ). (46) "Political Agent" shall mean- (aJ in relation to any territot~y outside India, the Principal Officer, by whatever name called, representing the Central Government in such territory ; and (b) any officer appointed to exercise all or any of tbe powers of a Polttical Agent for any place not forming part of India under the law for the time being in force rela ting to foreign jurisdiction ; (47) [Deleted]. ( 48) [Deleted]. (49) "public" includes any class of the public 011 any community ; (50) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code; (51) "registered" used with reference to a document, shall mean registered in (a Part A State or a Part C State] undel' the law for the time being in force for the registration of document ; 1 S. 4] A.uam General. Clau.Je.J Act, 191S 793 (52) " Regulation" shall mean a regulation made by the Govetnor- under the Sixth Schedule to the Constitution or under the Govemment of India Act, 1935, and :-hall include a regulation as defined inS 3 (SO) of the General Cla uses Act, 1897; (53) "tule" shall mean a rule made in exercise of a power conferred by any enactment and shall include a regulation made &S a rule under any enactment ; (54) "Schedule" shall mean a Schedule to tbe Act, in which the word occurs ; t55) "Scheduled District" shall menn a "Scheduled District" as defined in the Scheduled Distr-icts Act, 1874 ; ( )6) ''section" shall mean a section of the Act in which the wo~d occurs ; (57) "ship" shall include every description of vessel used io navigation not exclusively propelled by oars ; (58) "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 variatJOn:, and cognate expressions ; NOTES ClauJ"e 58. Where a person authorises another to sign for him, the sigoature of the person so signing is the sigoltu~e of the person autho~ising him. (AlR 1976 P..1t 23~) In this section Cls. 4, 29 and 47 were omitted by Adaptation of Laws Order, lYSO; Cls 8, 24, 27, 32, 36 and 48 were omitted by A. 0. Order 1937. Clauses 11, 46 and 52 wrre substituted and 01. 47 amended vide Adap- tation of Laws (1'hil'd Amendment) Order, 1951. (59) "son" in the case of any one whose personal law permits adoption, shall include an adopted son ; (60) "sub-section" shall mean a sub-section of the stction in which the word occurs ; (61) ••swear" witll its grammatical variations and cogoate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing ; (62) "vessel" shall include any ship or boat or aoy other description of vessel used in navigation ; (63) "will" ~hall include a codicil and every writing making a volun- tary posthumous disposition o( property ; (64) expressions ~eferring to •·writing" shall be comtrued as including references to printing, lithography, photography and other modes of representjng or reproducing words in a 't'isible form ; and (65) .. year" shall mean a year reckoned according to the British calendar. 8 ALA-100 194 North-Etutenc Region Local Act.J & Rules General Rules of constluctioo- Sections 5 and 6