Assam General Clauses Act, 1915
No: 2 Dated: Jan, 19 1916
The Assam General Clauses Act, 1915
(Assam Act No. II of 1915)
An Act for shortening the language used in Assam Acts, and for other purposes
Whereas it is expedient to provide for the interpretation of Assam Acts, for shortening the language used therein and for making certain other provisions relating to such Acts;
It is hereby enacted as follows :
Preliminary
1. Short title and commencement. - This Act may be called the Assam General Clauses Act, 1915.
2. Meaning of the word "Act". - In this Act, the word "Act" shall mean an Assam Act.
3. Application of Act to other enactments. - The provisions of Sections 4 to 31 shall apply to the Act, and shall apply, and shall be deemed always to have applied to all Acts made whether before or after the commencement of this Act.
4. Definitions. - in all Acts, unless there is anything repugnant in the subject or context-
(1) "abet" with its grammatical variations and cognate expressions shall have the some meaning as in the Indian Penal Code;
(2) "act" used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done shall extend also to illegal omissions;
(3) "affidavit" shall include affirmation and declaration of the case of persons by law' allowed to affirm or declare instead of swearing;
(5) "Assam Act" shall mean an Act made by the Chief Commissioner of Assam in Council under the Indian Councils Acts, 1861 to 1909 or any of those Acts or under the Government of India Act, 1915, or by the Local Legislature of Assam under the Government of India Act, 1915, 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;
(6) "Barrister" shall mean a barrister of England or Ireland or a member of the Faculty of Advocates in Scotland;
(7) "Bengal Act" shall mean an Act made by the Lieutenant Governor of Bengal in Council under the Indian Councils Act, 1861, or the Indian Councils' Acts, 1861 and 1892, or the Indian Council's Act, 1861, 1892 and 1906, or made by the Governor in Council of Fort William in Bengal under the Indian Councils' Acts, 1861,1892 and 1909, or by the local legislature of Bengal under the Government of India;
(9) "British possession" shall mean any part of Her 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 :
(10) "Chapter" shall mean a Chapter of the Act in which the word occurs;
(11) "Colony"-
(a) in any Assam Act passed after the commencement of Part III of the Government of India Act, 1935, shall mean any part of His Majesty's dominions exclusive of the British Islands, the Dominions of India as Pakistan (and before the establishment of those Dominions, British India), any Dominion as defined in the Statute of Westminster, 1931, any Province or State forming part of any of the said Dominions, and British Burma; and
(b) in any Assam Act passed before the commencement of Part III of the said Act, mean any part of His Majesty's dominions exclusive of the British Islands and of British India; and in either case where parts of those dominions are under both a Central and Local Legislature, shall parts under the Central Legislature shall, for the purposes of this definition, be deemed to be one colony;
(12) "commencement", used with reference to an Act, shall mean the day on which the Act comes into force;
(13) "Commissioner", shall mean the Chief Officer in charge of the revenue administration of a division and shall include the Assam Revenue Tribunal while exercising jurisdiction heretofore exercised by a Commissioner in appeals and revision in Revenue cases;
(14) "Consular Officer" shall include consul general, consul, vice-consul, consular agent, pro-consul, and any person for the time being authorised to perform the duties of consul general, consul, vice-consul or consular agent;
(15) "Deputy Commissioner" shall mean the chief officer-in- charge of the general administration of district.
(16) "District Court" shall mean principal Civil Court of original jurisdiction; but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;
(17) "District fudge" shall mean the Judge of a District Court;
(18) "document" shall include any matter written, expressed or described upon any substance by means and 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;
(19) "Eastern Bengal and Assam" shall mean the territories which were under the Administration of the Lieutenant-Governor of Eastern Bengal and Assam immediately prior to the Constitution of the Chief Commissionership of Assam in 1912;
(20) "Eastern Bengal and Assam Act" shall mean an Act made by the Lieutenant-Governor of Eastern Bengal and Assam in Council under the Indian Councils' Acts, 1861 to 1909;
(21) "enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal Code, and shall also include any provision contained in any enactment or in any such Regulation as aforesaid;
(22) "father" in the case of any one whose personal law permits adoptions shall include an adoptive father;
(23) "financial year" shall mean the year commencing on first day of April;
(25) 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;
(26) "Government" or "the Government" shall include the State Government as well as the Central Government;
(28) "High Court" shall mean the High Court of Judicature at Fort William in Bengal.
(30) "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;
(31) "imprisonment" shall mean imprisonment of either description as defined in the Indian Penal Code;
(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 Municipal or Station Commissioner, Local Board, or any other authority entrusted by the Government with, or legally entitled to, the control or management of a municipal of local fund;
(35) "Local Administration" shall mean the Provincial Government;
(37) "Magistrate" shall include every person exercising all or any of the powers of Magistrate under the Code of Criminal Procedure for the time being in force;
(38) "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;
(39) "month" shall mean a month reckoned according to the British calendar.
(40) "movable property" shall mean property of every description except immovable property;
(41) "notification" shall mean a notification in the official Gazette;
(42) "oath" shall include affirmation and declaration in the case of person by law allowed to affirm or declare instead of swearing;
(43) "offence" shall mean any act or omission made punishable by any law for the time being in force;
(45) "part" shall mean a part of the Act in which the word occurs;
(45) "person" shall include any company or association or body of individuals, whether incorporated or not;
(46) "Political Agent" shall mean-
(a) in relation to any territory 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 the powers of a Political Agent for any place not forming part of India under the law for the time being in force relating to foreign jurisdiction;
(49) "public" includes any class of the public or 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] under the law for the time being in force for the registration of documents;
(52) "Regulation" shall mean a regulation made by the Governor under the Sixth Schedule to the Constitution or under the Government of India Act, 1935, and shall include a Regulation as defined in Section 3 (50) of the General Clauses Act, 1897;
(53) "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;
(54) "Schedule" shall mean a Schedule to the Act, in which the word occurs;
(55) "Scheduled District" shall mean a "Scheduled District" as defined in the Scheduled Districts Act, 1874;
(56) "section" shall mean a section of the Act in which the word occurs;
(57) "ship" shall include every description of vessel used in 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 variations and cognate expressions;
(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 section in which the word occurs;
(61) "swear" with its grammatical variations an cognate 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 any other description of vessel used in navigation;
(63) "will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
(64) expressions referring to "writing" be construed as including references to printing, lithography, photography, and other modes of representing or reproducing words in a visible form; and
(65) "year" shall mean year reckoned according to the British calendar.