Bombay General Clauses Act, 1904, (Maharashtra) Section 3 - Bare Act |
| State | Maharashtra Government |
| Year | 1904 |
| Section Title | Definitions |
In this Act, and in all Bombay Acts 1[or Maharashtra Acts] made after the commencement of this Act, unless there is anything repugnant in the subject or context, -
NOTES
"Unless there is anything repugnant......." - "Words and phrases have either a very narrow significance or a very wide significance according to the context and subject of the Legislature requires, the one or the other meaning to be attached to those words and phrases. That is why the definition section contains the words "unless there is anything repugnant in the subject or context".-N. Subramanialyer v. Official Receiver, AIR 1958 SC 1 : 1958 S. C. J. 172.
"Means and include".-It shows that the definition is a hard and fast definition and no other meaning can be assigned to the word or expression defined than is put down in the definition.
When a thing is "deemed to be" something, the only meaning possible is that whereas it is not in reality that something, the Act directs, that it should be treated as if it were that thing.-Darbarilal v. Dharam Wati, AIR 1957 All. 541 : 1957 All. L. J. 559.
"Include".-The word 'include' is very generally used interpretation clauses in order to enlarge the meaning of words and phrases occurring in the body of the Statute, and when it is so used these words or phrases must be construed as comprehending not only such things as they signify according to their natural import, but also things which the interpretation clause declares that they shall include.-Fatehchand v. Ak.im-u.ddin Chouduri, AIR 1943 Cal. 108 : 47 C. W. N. 52.
"Abet"
(1) "abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code;
NOTES
"Abet".-See Chapter V of Indian Penal Code which deals with the offences concerning abetment.
For definition of the term "Abet", see section 107 of the Indian Penal Code.
"Act"
(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;
NOTES
"Act".-"Every omission is not an illegal omission. Before an omission can be considered as an illegal omission, it must be shown that the official concerned had omitted to discharge some official duties imposed on him in public interest". Amalgamated Electricity Company (Belgaum) Ltd. v. Municipal Committee, Ajmer, AIR 1969 SC 227 : 1969 (1) S. C. J. 355.
"Affidavit"
(3) "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
NOTES
"Affidavit".-See Order 19, Rule 9 of the Civil Procedure Code.
"Barrister"
(4) "Barrister" shall mean a Barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland;
NOTES
"Barrister".-See section 19 of the Indian High Courts Act, 1861.
"Bombay Act"
(5) "Bombay Act" shall mean an Act made by the 2[Governor of Bombay] in Council under the 3[Indian Councils Act, 1861] or the Indian Councils Acts, 1861 and 1892 4[or the Indian Councils Acts, 1861 to 1909 or the Government of India Act, 1915, or made by the local Legislature, or the Governor of the Presidency of Bombay under the Government of India Act, or by the Provincial Legislature, or the 2[Governor of Bombay], under the Government of India Act, 1935], 5[or made by the Legislature of the 6[pre-Reorganisation or reorganised 2[State of Bombay] under the Constitution];
7[(6) "Bombay area of the State of Maharashtra" shall mean the area of the State of Maharashtra excluding the Vidarbha region, and the Hyderabad area, of that State;]
NOTES
"Bombay area of State of Maharashtra".-It means old area of Bombay State of Maharashtra.
Baroda not being a part of Maharashtra is not a part of Maharashtra area.-Rukmani v. State. AIR 1970 Bom. 10.
8[(7) * * *1
8[(8)* * *]
"Chapter"
(9) "Chapter" shall mean a Chapter of the Act in which the word occur;
"City of Bombay"
9[(10) "City of Bombay" shall mean the area within the local limits of the ordinary original civil jurisdiction of the Bombay High Court of Judicature immediately before the date on which the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945, came into force;]
"Collector"
(11) "Collector" shall mean, in the City of Bombay, the Collector of Bombay and elsewhere the chief officer incharge of the revenue administration of a district;
NOTES
"Collector".-See section 7 of the Maharashtra Land Revenue Code, 1966.
"Chief Controlling Authority in revenue matters".-See Section 5 of the Maharashtra Land Revenue Code, 1966.
The Commissioner shall be the Chief Controlling Authority for their Divisions in all matters concerned with land revenue and shall be reasonable for supervision, exercise of executive and administrative work of the State Government, etc.
"Commencement"
(12) "commencement", used with reference to an Act, shall mean the day on which the Act comes into force;
NOTES
"Commissioner".-See section 5 of the Maharashtra Land Revenue Code, 1966.
A title of office. He that had a commission or other lawful warrant to examine any matters, or to execute any public office etc.-Tomlin's Law Dictionary quoted in Aiyar's Law Lexicon.
"Division".-The State is divided into divisions which shall consist of one or more district, each district may consist of or more sub-division and each sub-division may consist of one or more taluka and each taluka may consist of certain villages.
Now, State has been divided into 7 divisions, 29 districts and 399 talukas.
See section 3 of the Bombay Commissioners of Division Act, 1957.
10[(13) "Commissioner" shall mean the Commissioner of a division appointed under the Bombay Land Revenue Code, 1879;]
"Consular Officer"
(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;
NOTES
"Consular Officer".-See Consular Relations Act, 1968 and Section 3 of the Consular Salaries and Fees Act, 1891.
"District Judge"
(15) "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;
NOTES District Judge.-It was held that an Additional District Judge can be empowered by the State Government or by a general and special order to be passed by the District Judge and if so empowered, an Additional District Judge can perform the functions of a principal Civil Court of original jurisdiction.-New India Insurance Company Ltd., Bombay v. Molia Devi, AIR 1969 M. P. 190 : 1960 Lab. L. J. 238.
"Document"
(16) "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;
NOTES "Document".-See section 3 of the Indian Evidence Act, 1872, section 29 of the Indian Penal Code, section 3 of the General Clauses Act, 1897.
"Enactment"
(17) "enactment" shall include 11[* * *] any Regulation of the Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid:
NOTES
"Enactment".-"An Act of Parliament or part of an Act of Parliament".-(Aiyar's Law Lexicon.)
"Regulation".-For definition see section 3(50) of the General Clauses Act, 1897.
See Constitution of India, Article 243.
"Father"(18) "father", in the case of any one whose personal law permits adoption, shall include an adoptive father;
"Financial year"
(19) "financial year" shall mean the year commencing on the first day of April;
"Good faith"
(20) "Good faith", 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;
NOTES
Good faith.-See section 2(7) of the Indian Limitation Act, 1908, section 52 of the Indian Penal Code and section 178 of the Indian Contract Act.
An ex parte decree was passed on February 12, 1935 by Ahmednagar Court and it was transferred to Poona Court on February 25, 1935. The decree was set aside on January 15, 1936. Again an ex parte decree was passed in 1936. No darkhast for execution of the subsequent decree was filed till June, 16, 1947, but four darkhasts were filed successively in Poona Court to execute the earlier decree of 1935 and were disposed off in 1936, 1939, 1942 and 1946 respectively. A fifth darkhast was filed in 1946 to execute the earlier decree and an application made in 1947 to amend the darkhast so as to execute the subsequent decree. It was held, that the decree holder was not entitled to claim relief under section 14(2) of the Indian Limitation Act as the previous darkhasts were not prosecuted in good faith.-Sadashiv Shivramv. Govind Sadashiv, I. L. R. 1954 Bom. 1173 : AIR 1955 Bom. 93 : 55 Bom. L. R. 785; Balkrishnayya v. LingaRao, 1943 Mad. 804 (Dist.).
Bona fides.-Meaning.-'Bonafides' is mental state negativing fraud or dishonesty. It has no relation to negligence or want of care.-1964 (5) Guj. L. R. 289.
Protection of action taken in good faith.-Negligence does not necessarily imply mala fides. Reckless disregard of consequences and mala fides stand equal, where actual state of mind of the actor is relevant. The meaning of negligence in Bombay and Central General Clauses Act is inapplicable as the word used is 'honesty'. The action was therefore reckless and in the eye of law mala fide and therefore not protected by section 167 of the Bombay District Municipal Act.-Municipality of Bhiwandi and Nizampur v. Kailash Sizing Works, 1974 (2) SCC 596 : AIR 1975 SC 529.
"Greater Bombay"
12[(21) "Greater Bombay" shall mean the areas specified in Schedule A to the; Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945;]
NOTES
When area is extended.-The defendant was in occupation of lands in village Papsoli and was a protected tenant under section 3-A of the Bombay Tenancy Act, 1939, with effect from November, 8, 1947. But Bombay Act VIII of 1950 included the said village in the area of Greater Bombay on April 15, 1959.
The extension of limits of Greater Bombay by Act VIII of 1950 did not constitute any implied repeal of the Tenancy Act itself. Therefore, section 7 of the Bombay General Clauses Act, 1904 had no application.-Jasin Tomu Daniel v. Harischandra Pandurang, I. L. R. 1960 Bom. 172 : 1959 Bom. L. R. 1112: Sakharam Narayan v. Manikchand, 1955 (57) Bom. L. R. 223 followed.
"High Court"
(22) "High Court", used with reference to civil proceedings shall mean the highest Civil Court of appeal in the part of the Bombay Presidency 13[and after the 1st day of May, 1960 in the part of the State of the Maharashtra] in which the Act containing the expression operates;
NOTES
High Court.-It means with reference to civil proceedings the highest Civil Court of appeal, in its appellate jurisdiction as well as original jurisdiction.
The term "High Court" is defined in section 2(2) of the Code of the Cr. P.C., 1973, as having reference to the High Court established for a particular State.-Chhatru Shobharaj Taleraj v. State of Maharashtra, 1979 G. L. J. 75.
14[(23) "Hyderabad area of the 15[State of Bombay]" shall mean the territories transferred to the new State of Bombay under clause (b) of sub-section (1) of section 8 of the States Reorganisation Act, 1956 1[and after the 1st day of May, 1960 the said territories which form part of the State of Maharashtra shall be known as the Hyderabad area of the State of Maharashtra] ;
"Immovable property"
(24) "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;
NOTES
Immovable property.-Trees are regarded as immovable property because they are attached to or rooted in the earth.-Shantabai v. State of Bombay, AIR 1958 SC 532 : 1958 S. C. J. 1078.
See section 3(1) of the Transfer of Property Act.
For definition of moveable property, see section 3 (31) of the Bombay General Clauses Act, 1904.
"Imprisonment"
(25) "imprisonment" shall mean imprisonment of either description as defined in the 16[Indian Penal Code];
NOTES
Imprisonment.-Two kinds of imprisonment are stated-simple and rigorous.
17[(25A)* * *]
"Local Authority"
(26) "local authority" shall mean a municipal corporation, municipality, local board, body of port trustees or commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund;
NOTES
Whether Bombay Port Trust is a Local Authority.-The Board of Trustees of the Port of Bombay constituted under the Major Port Trusts Act, 1963 is a body of Port Trust coming under the definition of 'Local Authority' under section 3(26) of the Bombay General Clauses Act. Ram Ugrah Singh Girjar Singh v. The Board of Trustees of the Port of Bombay, 1983 (2) Bom. C. R. 447 : 1983 Mah. L. J. 815.
"Maharashtra Act"
18[(27) "Maharashtra Act" shall mean an Act made on or after the 1st day of May, 1960 by the Legislature of the State of Maharashtra under the Constitution];
"Magistrate"
(28) "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;
"Master"(of a ship)
(29) "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;
"Month"
(30) "month" shall mean a month reckoned according to the British calendar;
NOTES
Month.-For definitions of 'day', 'week' and 'year'-see Factories Act, 1948, section 106.
The term 'reckoned' is equivalent of the term 'calculated' or 'counted'.-Mistry Bhikhalal Bhovan v. Sunni Vora Noormamad Abdul Karirn, AIR 1978 Guj. 149.
On examination of the scheme and purpose of this section, it is clear that the word 'month' as occurring in this sub-section must be taken to mean a period of thirty days.-Misri Lal v. Jwala Prasad, I. L. R. 1962 All. 761.
But the Income Tax Tribunal held that the word 'month' occurring in section 27(l)(a)(i) of the Income Tax Act means a full calendar month.-Commissioner of Income Tax, Kanpur v. Laxmi Rattan Cotton Mills Company Ltd., 1973 (2) I. L. J. 35.
Calender month.-A Roman (Gregorian system) of calculating a space of time extending from any day to the corresponding day of the next calendar month.
"Moveable property"
(31) "moveable property" shall mean property of every description, except immoveable property;
"Oath"
(32) "oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
NOTES
Oath.-A declaration in case of persons by law allowed to affirm or declare instead of swearing also serves the purpose of 'oath'. Hence, the term 'oath' also includes affirmation and declaration.
"Offence"
(33) "offence" shall mean any act or omission made punishable by any law for the time being in force;
NOTES
Offence.-Punishment is the mode by which the State enforces its law forbidding of doing something or omission to do something. Punishment may take different forms.
"Part"
(34) "part" shall mean a part of the Act in which the word occurs;
"Person"
(35) "person" shall include any company or association or body of individuals, whether incorporated or not;
NOTES
Person.-The language of section 504 of the Bombay Municipal Corporation Act shows that the Municipal Commissioner is in fact included in the definition of 'person'.-Municipal Commissioner of Greater Bombay u. Dwgadas Shankarrao Rege v. State of Maharashtra, AIR 1980 Bom. 93.
The Municipality is included in the definition of the word 'person'.-Kanakchand Premchand v. State of Maharashtra, 1975 Mah. L. J. 177.
'The person' must be recognised by the State as a person and should be capable of right and liable to duties.-Baburao v. State, 1974 Mah. L. J. 385; Corporation of the City of Nagpur v. Nagpur Electric Light and Power Company Ltd., AIR 1953 Bom. 498.
Board.-Trustees of the Port under Bombay Port Trust Act, 1879 are held to be 'person' by virtue of section 3(42).-Trustees of Port of Bombay v. Premier Automobiles Ltd., 1981 (1) SCC 228 : AIR 1981 SC 1982 : 1981 (1) S. C. R. 532.
20[(35-A) "pre-Reorganisation 19[State of Bombay]" shall mean-la) as respects any period before the commencement of the Constitution, the area comprised in the Province of Bombay;
(b) as respects.any period after the commencement of the Constitution, the territories of the State of Bombay as specified in the First Schedule to the Constitution before the commencement of the States Reorganisation Act, 1956;]
"Public nuisance"
(36) "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code;
"Registered"
21[(37) "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.]
22[(38) * * *]
"Rule"
(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;
NOTES
Rule.-It is clear that the regulations under the Maharashtra Secondary Education Board Act, 1965 are in nature of by-laws and not statutory rules.-Miss Sophy Kelly v. State of Maharashtra, AIR 1968 Bom. 156.
23[(39A) * * *]
"Schedule"
(40) "schedule" shall mean a schedule to the Act in which the word occurs;
(41) 24"Scheduled District" shall mean a "Scheduled District" as defined in the 25Scheduled Districts Act, 1874;
"Section"
(42) "Section" shall mean a section of the Act in which the word occurs;
"Ship"
(43) "ship" shall include every description of vessel used in navigation not exclusively propelled by oars;
"Sign"
(44) "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;
"Son"
(45) "son", in the case of any one whose personal law permits adoption, shall include an adopted son;
"Sub-section"
(46) "sub-section" shall mean a sub-section of the section in which the word occurs;
26[(46A) 27[State of Bombay]" shall mean-
(a) as respects any period before the 1st day of November, 1956 the pre-Reorganisation State of Bombay;
(b) as respects any period on and after that day the territories comprise in the new State of Bombay under section 8 of the States Reorganisation Act, 956;]
28[(46A) "State of Maharashtra" shall mean the territories which on the 1st day of May, 1960 are known as the State of Maharashtra under section 3 of the Bombay Reorganisation Act, 1960;]
29[(46B) "transferred territories" shall mean the territories transferred from the pre-Reorganisation 27[State of Bombay] to the new States of Mysore and Rajasthan under sections 7 and 10 of the States Reorganisation Act, 1956;]
"Swear"
(47) "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;
"Vessel"
(48) "vessel" shall include any ship or boat or any other description of vessel used in navigation;
30[(48A) "Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the 27[State of Bombay]" shall mean the territories transferred to the new State of Bombay under clause (c) of sub-section (1) of section 8 of the States Reorganisation Act, 1956 31[and after the 1st day of May, 1960 the said territories which form part of the State of Maharashtra shall be known as the Vidarbha region, or Madhya Pradesh area, or Vidarbha area, of the State of Maharashtra];
"Will"
(49) "Will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
"Writing"
(50) expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words or figures in a visible form on any substance; and
"Year"
(51) "year" shall mean a year reckoned according to the British calendar.
___________________________
1. These words were inserted, ibid.
2. These words stand unmodified vide Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3. See now the Government of India Act, 1935.
4. These words and figures were inserted by the Adaptation of Indian Laws Order in Council.
5. This portion was inserted by the Adaptation of Laws Order, 1950.
6. These words were substituted for the words "State of Bombay" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
7. This clause was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8. Clauses (7) and (8) were omitted by the Adaptation of Indian Laws Order in Council.
9. This clause was substituted for the original by Bom. 17of 1945, Section 9, Sch. E, read with Bom. 52 of 1947, Section 2, proviso.
10. This clause was Inserted by Bom. 8 of 1958, Section 3, Schedule.
11. The words deleted by Bom. 5 of 1948, Section 2, have been omitted.
12. This clause was inserted by Bom. 17 of 1945, Section 9, Sch. E read with Bom. 52 of 1947, Section 2, proviso.
13. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
14. Original clause (23) was omitted by the Adaptation of Laws Order, 1950 and a new clause (23) was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957.
15. These words stand unmodified [see the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
16. Central Acts.
17. Clause (25A) was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
18. This clause was inserted, ibid.
19. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
20. This clause was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
21. Clause (37) was substituted for the original by the Adaptation of Laws Order, 1950.
22. Clause (38) was deleted by Bom. 5 of 1948, Section 2.
23. Clause (39A) was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
24. That is the villages belonging to the following Mehwassi Chiefs :-
(1) The Parvi of Kathi.
(2) The Parvi of Nal.
(3) The Parvi of Singpur.
(4) TheWalviofGaohalli.
(5) The Wassawa of Chikhli.
(6) The Parvi of Nawalpur.
25. The Scheduled Districts Act ceases to have effect under the Adaptation of Indian Laws Order, in Council.
26. This clause was inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
27. These words stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
28. This clause was Inserted by the Maharashtra Adaptation of Laws {State and Concurrent Subjects) Order, 1960.
29. This clause was Inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
30. This clause was Inserted by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956, as amended by the Bombay Adaptation of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957.
31. These words were Inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.