In this Act, and in all 1 [Mysore Acts and Karnataka Acts] made after the commencement of this Act, 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;
(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 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;
2 [(5) "British India" shall mean, as respects the period before the commencement of Part III of the Government of India Act, 1935, all territories and places within His majesty's dominions which were for the time being governed by His Majesty through the Governor-General of India or through the Governor or Officer sub-ordinate to the Governor-General of India, and as respects any period after that date and before the date of the establishment of the Dominion of India means all territories for the time being comprised within the Governors' Provinces and the Chief Commissioner' Provinces;]
3 [(5a) "Central Act" shall means an Act of Parliament, and shall include,-
(a) an Act of the Dominion Legislature or of the Indian Legislature passed before commencement of the Constitution, and
(b) an Act made before such commencement by the Governor-General in Council or the Governor- General acting in a legislative capacity.
(5b) "Central Government" shall,-
(a) in relation to anything done before the commencement of the Constitution, means the Governor-General or the Governor General in Council, as the case may be; and shall include, (i) in relation to functions entrusted under sub-section (1) of section 124 of the Government of India Act, 1935, to the Government of a Province, the Provincial Government acting within the scope of the authority given to it under that sub-section; and (ii) in relation to the administration of a Chief Commissioner's Province, the Chief Commissioner acting within the scope of the authority given to him under sub-section (3) of section 94 of the said Act; and
(b) in relation to anything done or to be done after the commencement of the Constitution, means the President; and shall include (i) in relation to functions entrusted under clause (1) of article 258 of the Constitution to the Government of a State, the State Government acting within the scope of the authority given to it under that clause; 1 [(ii) in relation to the administration of a Part C State before the commencement of the Constitution (Seventh Amendment) Act, 1956] the Chief Commissioner or the Lieutenant-Governor or the Government of a neighbouring State or other authority acting within the scope of the authority given to him or it under article 239 or article 243 of the Constitution, as the case may be 1 [and (iii) in relation to the administration of a Union territory, the administrator thereof acting within the scope of the authority given to him under article 239 of the Constitution;]]
(6) "Chapter" shall mean a Chapter of the Act in which the word occurs;
4 [(7) "Chief Controlling Revenue Authority" or "Chief Revenue Authority" shall mean such authority as the State Government may, by notification in the official Gazette, appoint;]
5 [(7a) "City of Bangalore" shall mean such local area as is declared from time to time to be the City of Bangalore under any Act for the time being in force relating to the Municipal affairs of such City;]
(8) "Commencement," used with reference to an Act, shall mean the day on which the Act comes into force;
5 [(8a) "Constitution" shall mean the Constitution of India;
(8b) "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;]
(9) "Deputy Commissioner" shall mean the chief officer in charge of the revenue-administration of a district;
(10) "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction 5 [but shall not include the High Court in the exercise of original civil jurisdiction;]
6 [(10A) "Divisional Commissioner" shall mean the Divisional Commissioner of a Division appointed under the 1 [Karnataka Land Revenue Act, 1964];]
(11) "Document" shall include any matter written, expressed or described upon any substance by means of letters, figures or makes, 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;
(12) "Enactment" shall include,-
(a) a 2 [Mysore Act],
1 [(a1) a Karnataka Act,]
(b) an Act of the Governor-General of India in Council or of a Local Legislature in India, introduced as law into 1 [Mysore Area],
(c) a body of Rules (other than rules made in exercise of a power conferred by any Act or by any such Act as aforesaid) prescribed as law in 1 [Mysore Area], and
6 [(c1) a Bombay Act as defined in clause (5) of section 3 of the Bombay General Clauses Act, 1904 (Bombay Act I of 1904);
(c2) a Coorg Act or Regulation as in force in the Coorg District;
(c3) a Hyderabad law as defined in clause (1a) of section 2 of the General Clauses Act, 1308 F (Hyderabad Act III of 1308 Fasli);
(c4) a Madras Act as defined in clause (17a) of section 3 of the Madras General Clauses Act, 1891 (Madras Act I of 1891); and]
(d) any provision contained in 2 [any 1 [Mysore Act or Karnataka Act]] or in any such Act or body of Rules as aforesaid 6 [or in any Bombay Act, Coorg Act, Hyderabad Law or Madras Act];
(13) "Father," in the case of any one whose personal law permits adoption, shall include an adoptive father;
7 [(13A) "financial year" or "official year" shall mean the year commencing on the first day of April:
Provided that in respect of the financial or official year of 1949-50, "financial Year" or "Official year" shall mean the period commencing on the first day of July, 1949, and ending with the thirty-first day of March, 1950;]
(14) "8 [revenue year]" shall mean the year commencing on the first day of July;
(15) 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;
2 [(16) "Government or "the Government" shall,-
(a) in relation to anything done before the commencement of the Constitution, means the authority or person authorised at the relevant date to administer executive Government in Mysore;
(b) in relation to anything done or to be done after the commencement of the Constitution, include both the Central Government and the State Government;]
9 [(16a) "Government securities" shall means securities of the Central Government or of any State Government, but in any Mysore Act made before the commencement of the Constitution shall not include securities of the Government of any State other than the State of Mysore;
(16b) "High Court" used with references to civil proceeding shall mean the highest civil court of appeal (not including the Supreme Court) in the 1 [State of Karnataka];]
(17) "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;
(18) "Imprisonment" shall mean imprisonment of either description as defined in the Indian Penal Code;
10 [(18a) "India" shall mean,-
(a) as respects any period before the establishment of the Dominion of India, British India together with all territories of Indian Rulers then under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian Ruler, and the tribal areas;
(b) as respects any period after the establishment of the Dominion of India and before the commencement of the Constitution, all territories for the time being included in that Dominion; and
(c) as respects any period after the commencement of the Constitution, all territories for the time being comprised in the territory of India;]
(19) "Judicial proceeding" shall mean any proceeding in the course of which evidence is, or may be, legally taken;
1 [(19a) "Karnataka Act" shall mean an Act of the Legislature of the State of Karnataka passed under the Constitution after 1st November, 1973 and shall include,-
(i) an Act of the Legislature of the State of Mysore passed under the Constitution after 1st November 1956;
(ii) the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899);
(iii) the Karnataka High Court Act, 1884 (Karnataka Act I of 1884);
(19b) "Karnataka" shall mean all the territories for the time being comprised in the State of Karnataka;]
(20) "Local authority" shall mean a municipal committee, district board, 6 [body of port commissioners] or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund;
(21) "Magistrate" shall include every person exercising all or any or the powers or a Magistrate under the Code of Criminal Procedure for the time being in force;
(22) "month" shall mean a month reckoned according to the British Calender;
(23) "moveable property" shall means property of every description, except immoveable property;
(24) "Mysore" shall mean 2 [6 [all the territories] for the time being comprised in the 1 [State of Mysore before 1st November, 1973;]]
6 [(24a) "Mysore Act" shall mean [x x x],-
(a) an Act of the Legislature of the State of Mysore passed under the Constitution before the commencement of the Constitution (Seventh Amendment) Act, 1956;
(b) an Act of the Legislature of the State of Mysore passed before the commencement of the Constitution; and
(c) an Act made before the commencement of the Constitution by the Maharaja of Mysore 1 [but does not include the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) and the Karnataka High Court Act, 1884 (Karnataka Act I of 1884)]];
11 [(24b) "notification" means a notification published in the official Gazette;]
(25) "oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(26) "offence" shall mean any act or omission made punishable by any law for the time being in force;
5 [(26a) "official Gazette" or "Gazette" shall mean the 1 [Karnataka Gazette];]
(27) " part" shall mean a part of the Act in which the word occur;
5 [(27a) "Part A State" shall mean a State for the time being specified in Part A of the First Schedule to the Constitution, 1 [as in force before the commencement of the Constitution (Seventh Amendment) Act, 1956] "Part B State" shall mean a State for the time being specified in Part B of that Schedule and "Part C State" shall mean a State for the time being specified in Part C of that Schedule or a territory for the time being administered by the President under the provisions of Article 243 of the Constitution;]
(28) "person" shall include any company or association or body of individuals, whether incorporated or not;
(29) "place" shall include also a house, building, tent and vessel;
11 [(29a) "prescribed" means prescribed by rules made under the Act in which the word occurs;]
(30) "public" shall include any class of the public or any community;
(31) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code;
2 [(32) "registered" used with reference to a document shall,-
(a) as respect any period before the first day of April 1951, mean registered under the law for the time being in force in Mysore for the registration of documents;
(b) as respects any period from the first day of April 1951, mean registered in 6 [India] under the law for the time being in force for the registration of documents;]
11 [(32a) "repeal" shall include deletion and omission;]
12 [(33) x x x]
(34) "rule" shall mean a rule made in exercise of power conferred by any enactment 13 [and shall include a regulation made as a rule under any enactment;]
(35) "schedule" shall mean a schedule to the Act in which the word occurs;
(36) "section" shall mean a section of the Act in which the word occurs;
(37) "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;
(38) "son" in case of any one whose personal law permits adoption, shall include an adopted son;
(a) as respects any period before the commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean a Part A State, a Part B State or a Part C State, and
(b) as respects any period after such commencement, shall mean a State specified in the First Schedule to the Constitution and shall include a Union territory;]
(38b) "State Act" shall mean an Act passed by the Legislature of a State established or continued by the Constitution;
6 [(38c) "State Government",-
(a) as respect anything done after the commencement of the Constitution and before the commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean the Rajpramukh of the State of Mysore; and
(b) as respect anything done [x x x] after the commencement of the Constitution (Seventh Amendment) Act, 1956, 1 [and before 1st November, 1973] shall mean the Governor of the State of Mysore;]
1 [(c) as respect anything done or to be done after 1st November, 1973 shall mean the Governor of the State of Karnataka;]]
(39) "sub-section" shall mean a sub-section of the section in which the word occurs;
(40) "swear" with its grammatical variations and cognate expression, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing;
6 [(40a) "Union territory" shall mean any Union territory specified in the First Schedule to the Constitution and shall include any other territory comprised within the territory of India but not specified in that Schedule;
(40b) "vessel" shall include any ship or boat or any other description of vessel used in navigation;]
(41) "will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
(42) Expressions referring to "writing" shall be construed as including reference to printing, lithography, photography and other modes of representing or reproducing words in a visible form;
(43) "year" shall mean a year reckoned according to the British calendar;
6 [(44) "1 [Belguam Area]" means the territory specified in clause (b) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);
(45) "Coorg District" means the territory declared as such in sub-section (2) of section 7 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);
(46) "1 [Gulburga Area]" means the territory specified in clause (c) of sub-section (1) of section 7 of the States Reoganisation Act, 1956 (Central Act 37 of 1956);
(47) "1 [Mangalore and Kollegala Area]" means the territory specified in clause (d) of sub-section (1) of section 7 of the States Reoganisation Act, 1956 (Central Act 37 of 1956);
(48) "Mysore Area" means the territory specified in clause (a) of sub-section (1) of section 7 of the States Reoganisation Act, 1956 (Central Act 37 of 1956);]
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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973
2. Substituted by Act 12 of 1953.
3. Subsections 5a and 5b Inserted by Act 12 of 1953.
4. Substituted Act 12 of 1953.
5. Inserted by Act 12 of 1953.
6. Adapted by the Mysore Adaptations of Laws Order, 1956 w.e.f. 1.11.1956
7. Inserted by Act 10 of 1950.
8. The words "Revenue year" Substituted for certain words by Act X of 1950.
9. Sub-sections (16a) and (16b) Inserted by Act 12 of 1953.
10. Sub-section (18a) Inserted by Act 12 of 1953.
11. Inserted by Act 9 of 1985 w.e.f. 1.11.1956.
12. Clause 33 omitted by Act 12 of 1953.
13. Added by Act 12 of 1953.
14. Subsection (38a) to (38c) Inserted by Act 12 of 1953.