Bare ActsThe Tamil Nadu General Clauses Act, 1891

Section 3

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In this Act and in every '(Tamil Nadu Aot) i)ofinitions, made after the commencement of this A&, unless there be something repugnant in the subjeot or context,- centrdbt (1) r c abet " with its grammatical variations rd~bet,'. Of and cognate expressions, shall have the Bame meaning as in the Indian Penal Code : f (2) " barrister " shall mean a barrister of England cr~arrister'.. or Ireland or a member of the Faculty of Advocates in Scotland : (4) '( Chapter," "p&," "section" and "schednle" lgOhagter", ahall mean respectively a Chapter, parti and section ::g:ii;n,. of, and schedule to, the Act in which the word (dscheduley). occm : (6) "City of Mtkh8'' mean such l o 4 <<aityof area as is declared &om time to time to be the City bfadras". of Madras under any Act for the time being in foroe relating to the municipal affairs of such oity : (6) collector" shaII include every officer who, d.goUeotor*v. for the time being, is authorized to exercise the powers of a Colleotor : (7) "commenoemenb," used wifh referenoe to arcomm jnoe- Act, ahall mean the time at which the Act comes menb". into form : (8) "Distriob Collector" shall mean the ohiefg*District .local officer in oharge of the revenue administration Colleotor". of a distriot : - 1 Thie expmesion was mbtituted for the expmmioncr Madm &at " by paregraph 3 of, and the Sohedule to, the Tamil Nada Adaptation of Laws Order, 1969, w amended by the Tamil Nadr Adaptation of Lawe (Seoond bcndmsnt) Order, 1969. 2 Clause (3) wm omittdd by the Adaptetion Order of 1937. " F i ~ ~ n c k l year . "Good faith". " ~ o v a b l e property". "Local authority". General Clawes [I891 : T.N. Act I (9) "document" shall mean any matter expressed or described upon any substance by means of let-, i i p e s or marks, or by more than one of those mew, intended to be used, or which may be used, as evidence of that matter : (10) "financial year" shall mean the year commen- cing on the first day of April ; (11) nothing is said to be done or believed in '<good faith" which is done or believed without due care and attention : (14) "immovable property " shall include land, benefits to airise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth : (16) "imprisonment" shall mean imprisonment a,ntrslAotl ht of either description as defined in the Indian Penal X L V O ~ Code : 1860, (16) "judioial proceeding" shall mean any proceeding in the course of whioh evidencre is, or m y be, legally taken : (17) "local authority " shall mean a Municipal Committee,District Board*, body of Port Clomioners or other authority legally entitled to, or entrusted by the Government with, the oontrol or management of a municipal or lo& fund : - 1 Chuse (12) was omitted by the Adaptation Order of 1937. 8 Clsuee (13) was omitted by the Adaptation (Amendment) Order of 1960. 8 Clause (16-A) was omitted by the Adaptation Order of 1937. 4 This olaw was omitted by pt~agraph 6 of, end the Sohedule to, the Tamil Nadu Adeptetion of Laws Order, 1969, ss emsnded by the Temil Nadu Adaptation of Laws (Second h e n b e n t ) Order. 1969. whioh came into foroe on the 14th January 1960. * Now t&e panchayat union oounoil or panohayat. 1891 : T.N. Ad I ] General Clazc~ee 419 (18) "Magistrate" shall mean any person exercising "Msgistl ate . all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1882l : "Movable (19) "movable property " shall mean property proprty,, of every description exwpt immovable property : a[(19-a) "notification" shall mean 8 notification published in the Official Gazette] : "Oath", \ (20) cGoeth," "me8p" and "affidavit" shall ''-=,, and include afiirmation and declaration in the case of 66afflaavitss. peraone by law allowed to a&m or d e c k instead of swemhg : (21) "offence" shall mean any act or omissioo "Offenoe" made punishable by any law for the time being in force: (22) "person" shall include any company or lLP~rson". assooiation of individuals, whether incorporated or not : (23) "place" includes also a house, building, "P1aOe"* tent and vessel : '[(24) "prescribed" shall mean prescribed by rules, regulations or by-laws made under the ~ c t , in which the word ocours] : (26) "Presidency-town " shall mean the local l';fFno~ limits for the time being of the ordinary original civil jurisdiotion of the High C o d of Judicature at Madras : 1 See now the Code of Criminal Prooedure, 1973 (Central Aot 2 of 1974). a Thh olaw wae inserted by motion 3 of, and the Eleoond Schedule to, the Tmil Nedu Repealing and Amending Aot, 1961 (Tamil Nadu Aot X;$XYI of 1955). In so far as t h i ~ Aot appliea to the added territomes, thls ole- was Inserted by seotion 4 of, and the bond Sohedule to, the T a d Nedu (Added Tenitories) Extension of Laws (No. 2) Aot, 1961 (Tamil Nadu Aot 39 of 1961). 8 The o r i e olauae (24) wm opittal by the dp.pt.tion Order of 1037 and t e preeent oleuee ww Inserted by seot~on 3 of, end the Seoond Sahedule to, the Tamil Nedu Repealing and Amending Aot, 1966 (Tamil Nadu Aot XXXVI of 1966). In so far as this Aot applies to the added territories, this clause wm inserted by motion 4 of, d the Saoond Sohedule to, the Tamil Nadu (Added Temtoriea) Extension of Lawe (No. 2) Aot, 1961 (Tamil NIclu Aot 39 of 1961). 420 General Clause8 [I891 : TIN. Act I "Publio." (26) "publio " inoludes any o h of the publio or any commu~ty : I "Publio (27) "public nuisance" shall have the meaning "ie&noe.'' assigned to that expression in section 268 of the Indian Penal Code : Central Act XLV %e&md" of 1880. l[(28) "registered,," used with refemnw to a document, shall mean registered in a@dia] under the law for the time being in force for the registration of documents :] ''Sign.' ' (29) "sign," with it8 grammatical variatione and cognate expressions, shall, with reference to a person who is unable to write his name, include "mark" with its grammatical variations and oognate expressions : "Son" and 'rather." (30) in the oase of any one whose perwml law permits adoption, "son" shall inolude an adopted son, and "father" an adoptive father : sub-eection." (31) usub-seotion" shall mean a sub-seotion of the section in which the word ooours : 3[(31a) "Tamil Nadu Aot" shall mean rtn Aot made by the Governor of Fort St. George in Council under the Indian Clounoils Aots, 1861 to 1909 or any of those Aots, or the Government of India Aot, 1916, or by tho Looal Legislature or the Governor of the Presidency of Madras under the Government of India Act or by the Provin~ial Legislature of Madras under the Government of India Aot, 1935, or by the Legislature of the State of Madras or Tamil Nadu under the Constitution ;] 1 This clause was substituted for the original clauee (28) by the Adaptation (Amendment) Order of 1950. 2 This word wes substituted for the words and letters "a P& A Steta or 8 Part C State " by wction 4 of, and the Third Sohedule to, the Tamil Nadu Repealing and Amending Aot, 1917 (Tsmil N& Ao t XXV of 1967). Cleuse (318) was inserted by paragraph 5 of, and the 8ohed& to, the Tamil Nadu Adaptation of Laws Order, 1969, es amended by the Tsmil Nadu Adaptation of Laws (Seoond Amen-) Order, 1969. whioh came into form on the 14th January 1069. 1891 : T,N. Act I'J Qenerat Ctauses 421 (32) "value," used with reference to a suit, shall ''Vdue." mean the amouht or value of the subject-matter of the suit, computed according to the law for the time being in force regulating the valuation of suits for purposes of jwisdioti9f&e the rulss' %re eb ., (33) "will" concurren@ of writing making property: (34) words importing the masculine gender Gender. shall include females: (38) words in the singular shall include the plural, ~ ~ b and words in the plural shall include the singular: vtl) words which refer to acts done extend also Illegal omiu- to illegal omissions : siona. (37) " writing," with its grammatical variations "Writing." and cognate expressions, shall include "printing," '' lithography," 'cphotography," with their grammatical variations and oognate expressions, and other modes of representing or reproducing wor& in a visible form : (38) "year" and "month" sl~ll, respeotively, : : ~ ~ ~ mean a year and month reokoned aooording to the . British oalendar. CHAPTER 11.

Section 3 – The Tamil Nadu General Clauses Act, 1891 | DailyLaw.ai