In this Act and in all Orissa Acts unless there is anything repugnant in the subject or context-
(1)"abet". with its grammatical variations and cognate expressions shall have the same meaning as in the Indian Penal Code (Act 45 of 1860)
(2) "act", used with reference to an offence or civil wrong, shall include a series of acts; and words which refer to acts done and shall extend also to illegal omissions;
(3) "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(4) "barrister" shall mean a barrister of England or Ireland or a member of the Faculty of Advocates in Scotland;
(5) "Biritish Possession" shall mean any part of His Majesty's dominions, exclusive of the United Kingdom, and, where parts of those dominions are under both a central and a local legislature, all parts under the central Legislature shall, for the purposes of this definition, be deemed to be one British possession;
(6) "Chapter" shall mean a Chapter of the Act in which the word occurs;
(7) "Collector" shall mean the chief officer in charge of the revenue administration of a district and shall include a Deputy Commissioner;
* Published vide Orissa gazette Ext. dated 29.10.1937.
The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY 2
(8) "commencement", used with reference to an Act, shall mean the day on which the Act comes into force;
(9) "Consular Officer" shall include consul-general, consul, vice-consul, consular agent, pro-consul, and any person for the time being authorized to perform the duties of consul-general, consul, vice-consul or consular agent;
(10) "District Court" shall mean the principal Civil Court of original jurisdiction of a district: but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;
(11) "District Judge" shall mean the Judge of a District Court;
(12) "document" shall include any matter written, expressed 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;
(13) "enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid;
(14) "father", in the case of anyone whose personal law permits adoption, shall include an adoptive father;
(15) "financial year" shall mean the year commencing on the first day of April;
(16) "Gazette" shall mean the Official Gazette of the Province.
(17) 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;
(18) "Government" or "the Government" shall include the Provincial Government as well as the Central Government;
(19) "High Court", used with reference to civil proceedings, shall mean the highest Civil Court of appeal in the part of Orissa in which the Act containing the expression operates;
(20) "His Majesty" or "the King" shall include his successors;
(21) "immovable property" shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
(22) "imprisonment" shall mean imprisonment of either description as defined in the Indian Penal Code; (Act45 of 1860.)
(23) "Local authority" shall mean a Municipal Committee, District Board, or any other authority entrusted by any Government with, or legally entitled to, the control of management of a municipal or local fund; (Act 5 of 1898.)
(24) "Magistrate" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure for the time being in force;
(25) "master", used with reference to a ship, shall mean any person (except a pilot or harbour master) having for the time being control or charge of the ship;
(26) "month" shall mean a month reckoned according to the British calendar;
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(27) "movable property" shall mean property of every description except immovable property;
(28) "notification" shall mean a notification in the Gazette;
(29) "oath" shall include affirmation and' declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(30) "offence" shall mean any act or omission made punishable by any law for the time being in force;
(31) "Orissa Act" shall mean an Act made by the Provincial Legislature or the Governor of Orissa under the Government of India Act, 1935 or by the Legislature of the State of Orissa under the Constitution.
(32) "Part" shall mean a part of the Act or Regulation in which the word occurs;
(33) "person" shall include any company or association or body of individuals, whether incorporated or not;
(34) "Political Agent" shall mean-
(a) the principal officer representing the Crown in any territory or place beyond the limits of British India, and
(b) any officer appointed to exercise all or any of the powers of Political Agent for any place not forming part of British India under the law for the time being in force relating to foreign jurisdiction;
(35) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code; (Act 45 of 1860.)
(36) "registered", used with reference to a document, shall mean registered in a Part A State or a Part C State under the law for the time being in force for the registration of documents;
(37) "Regulation" shall mean a Regulation made under the Government of India Act, 1870, the Government of India Act, 1915, or the Government of India Act 1935.
(38) "Revenue Commissioner" shall mean the Revenue Commissioner for Orissa;
(39) "rule" shall mean a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment;
(40) "schedule" shall mean a schedule to the Act or Regulation in which the word occurs;
(41) "section" shall mean a section of the Act or Regulation in which the word occurs;
(42) "ship" shall include every description of vessel used in navigation not exclusively propelled by oars;
(43) "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 variations and cognate expressions;
(44) "son", in the case of anyone whose personal law permits adoption, shall include an adopted son;
4 1[(44-a) "Sub-Collector" shall mean the chief officer In-charge of the Revenue Adminstration of the sub-division;
(44-b) "Subdivisional Officer" shall mean the Sub-collector.]
(45) "sub-section" shall mean a sub-section of the section in which the word occurs;
(46) "swear", with its grammatical variations and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing;
(47) "value", used with reference to a suit, shall mean the amount 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 jurisdiction;
(48) "vessel" shall include any ship or boat or any other description of vessel used in navigation;
(49) "will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
(50) expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form; and
(51) "year" shall mean a year reckoned according to the British calendar.
GENERAL RULES OF CONSTRUCTION