3: Definitions

In this Act, and in all [Central Acts] and Regulations made the commencement of this Act, unless there is anything repugnant in the subject or context, (1) “Abet.” “abet”, with its grammatical variations and cognate expressions, shall have the same meaning as in the Pakistan Penal Code (Act XLV of 1860). [* * * * * * *] (2) “Act.” “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.” “affidavit” shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing: [* * * * * * *] (3c) “Baluchistan.” “Baluchistan” shall mean the territories comprised in the Chief Commissioner's Province of Baluchistan immediately before the fourteenth day of October, 1955 [,] [and after the first day of July, 1970, the Province of Baluchistan, comprising the territories mentioned in the Schedule to the Province of West Pakistan (Dissolution) Order, 1970:] [* * * * * * *] (4) “Barrister.” “barrister” shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland: [* * * * * * *] [ * * * * * * *] [* * * * * * *] [* * * * * * *] [* * * * * * *] [(7) “British India.” “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 any Governor or officer subordinate to the Governor General of India, and as respects any period after that date [and before the establishment of the Federation of Pakistan] means all territories for the time being comprised within the Governors' Provinces and the Chief Commissioners' Provinces, except that a reference to British India in an Indian law passed or made before the commencement of Part III of the Government of India Act, 1935 , shall not include a reference to Berar:] (8) “British possession.” ”British possession” shall mean any part of Her Majesty's dominions, exclusive of the United Kingdom, and, where parts of those domin ions 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: [* * * * * * *] [(8aa) “Central Act.” “Central Act” shall mean an Act of the Central lagislature, and shall include, except in section 5, an Act made by the Governor General under section 67 B of the Government of India Act, [ * * *:] [(8ab) “Federal Government.” “ [Federal Government]” shall— (a) in relation to anything done before the commencement of Part III of the Government of India Act, 1935 , mean the Governor General in Council or the authority competent at the relevant date to exercise the functions corresponding to those subsequently exercised by the Governor General; (b) in relation to anything done after the commencement of Part III of the said Act, but before the establishment of the Federation of Pakistan, mean, as respects matters with respect to which the Governor General was by or under the provisions of the said Act then in force required to act in his discretion, the Governor General and as respects other matters, the Governor General in Council; [*] (c) in relation to anything done [* * *] after the establishment of the Federation of Pakistan [but before the twenty-third day of March, 1956], mean the Governor General; and shall include (i) in relation to functions entrusted under sub-section (1) of section 124 of the said Act 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 [before the fourteenth day of October, 1955,] 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 [;] * [(d) in relation to anything done or to be done, after the twenty-third day of March, 1956, mean the President; and shall inc1ude in relation to functions entrusted to the Government of a Province, the Provincial Government acting within the scope of the authority given to it by the President [ ; and]] [(e) in relation to anything done or to be done, after the fourteenth day of August, 1973, mean the Prime Minister and the Federal Ministers; and shall include in relation to functions entrusted to the Government of a Province, the Provincial Government acting within the scope of the authority given to or power conferred on it by the Federal Government;] [(8ac) “Central Legislature.” “Central Legislature” shall mean the Governor General in Council acting in a legislative capacity under the Government of India Act, 1833 , the Government of India Act, 1853 , The Indian Councils Act, 1861 to 1909 , or any of those Acts, or the Government of India Act, 1915 , the Indian Legislature acting under the Government of India Act, or the Government of India Act, 1935 , or the Federal Legislature acting under the Government of India Act, 1935, [or the Parliament acting under the Constitution [of 1956 or the Central Legislature acting under the Constitution of 1962] [ or the Federal Legislature acting under the Interim Constitution of 1972, or Parliament acting under the Constitution of 1973] as the case may require :] [ * * * * * *] [ * * * * * *] (9) “Chapter.” “Chapter” shall mean a Chapter of the Act or Regulation in which the word occurs: [(9a) “Chief Revenue Authority.” “Chief Revenue Authority” shall mean the Board of Revenue of a Province:] [(10) “District Officer (Revenue).” shall means the chief officer in charge of revenue administration of a District:] [ * * * * * * *] (12) “Commencement.” “commencement”, used with reference to an Act or Regulation, shall mean the day on which the Act or Regulation comes into force: [* * * * * * *] [(13a) “Constitution.” “Constitution” means the Constitution of the Islamic Republic of Pakistan brought into force on the [fourteenth day of August, 1973] :] [(14) “Consular Officer.” “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:] [* * * * * * *] (15) “District Judge.” “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: (16) “Document.” “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: [* * * * * * *] (17) “Enactment.” “enactment” shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal, [*] or Bombay Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid: (18) “Father.” “father “, in the case of anyone whose- personal law permits adoption, shall include an adoptive father: [* * * * * * *] [(19) “Financial year.” “financial year” means— (a) as respects the period before the first day of April, 1959, the year commencing on the first day of April and ending on the thirty first day of March; (b) as respects the period from the first day of April, 1959, to the thirtieth day of June, 1959, both days inclusive, that period ; and (c) thereafter, the year commencing on the first day of July and ending on the thirtieth day of June :] (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: [(21) “Government.” “Government” or “the Government” shall include both the [Federal Government] and any Provincial Government:] [* * * * * * *] (25) “Immoveable property.” “immoveable 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: (26) “Imprisonment.” “imprisonment” shall mean imprisonment of either description as defined in the Pakistan Penal Code (Act XLV of 1860): [(27) “India.” “India” shall mean— (a) as respects any period before the establishment of the Federation of Pakistan, British India together with all territories of any Indian ruler then under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian ruler, and the tribal areas; and (b) as respects any period after the establishment of the Federation of Pakistan all territories for the time being included in the Dominion of India [or the Union of India] :] [* * * * * * *] [* * * * * * *] (28) “Local authority.” “local authority” shall mean a municipal committee, district board, 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: [* * * * * * *] (31) “Magistrate.” “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: (32) “Master” (of a ship). “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: (33) “Month.” “month” shall mean a month reckoned according to the British calendar: (34) “Moveable property.” “moveable property” shall mean property of every description, except immoveable property: [(34a1) “North-West Frontier.” “North-West Frontier” shall mean the territories comprised in the North-West Frontier Province immediately before the fourteenth day of October, 1955 [ , ]] [and on or after the first-day of July, 1970, the North West Frontier Province comprising the territories mentioned in the Schedule to the Province of West-Pakistan (Dissolution) Order, 1970:] [(34a) “North-West Frontier Province Act.” “North-West Frontier Province Act” shall mean an Act made by the local Legislature or the Governor of the North-West Frontier Province under the Government of India Act, or by the Provincial Legislature or the Governor of the North-West Frontier Province under the Government of India Act, (26 Geo.5, c.2.), 1935:] [* * * * * * *] (36) “Oath.” “oath” shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing: (37) “Offence.” “offence” shall mean any act or omission made punishable by any law for the time being in force: [(37a) “Official Gazette.” “official Gazette” or “Gazette” shall mean the Gazette of [Pakistan], or, as the case may be, the official gazette of a Province:] [(37b) “Pakistan Law.” “Pakistan law” shall mean any Act, Ordinance, Regulation, rule, order, bye-law or any other instrument which has or had the force of law in Pakistan or any part thereof; but does not include an Act of Parliament of the United Kingdom or any Order-in- Council, rule or other instrument made thereunder;] [* * * * * * *] (38) “Part.” “Part” shall mean a Part of the Act or Regulation in which the word occurs: (39) “Person.” “person” shall include any company or association or body of individuals, whether incorporated or not: [(40) “Political Agent.” “Political Agent” shall,— (a) as respects the period before the fourteenth day of October, 1955, mean the principal officer by what-ever name called representing the [Federal Government] in an Acceding State or group of Acceding States or in any territory or place in the Tribal Areas [and as respects the period after the twenty first day of April, 1972, mean the principal officer by whatever name called representing the Federal Government in the Federally Administered Tribal Areas]; and (b) as respects the period after the thirteenth-day of October, 1955, [and before the twenty- first day of April, 1972,] mean the principal officer by whatever name called (i) representing the [Federal Government] in an Acceding State or (ii) representing the Provincial Government in the [Tribal Areas] [and as respects the period after the twenty- first day of April, 1972, mean the principal officer by whatever name called representing the Federal Government in the Federally Administered Tribal Areas and the Provincial Government in the Provincially Administered tribal Areas] :] [* * * * * * *] [* * * * * * *] [(43ai) “Provincial Act.” “Provincial Act” shall mean an Act made by the Governor in Council, or Chief Commissioner in Council, Lieutenant-Governor in Council, or Chief Commissioner in Council of a Province under any of the Indian Councils Acts or the Government of India Act, 1915 or an Act made by the local Legislature or the Governor of a Province under the Government of India Act, or an Act made by the Provincial Legislature or Governor of a Province under the Government of India Act, 1935 , or an Act made by the Provincial Legislature established or continued under the Constitution [of 1956 or an Act made by the Provincial Legislature established under the Constitution of 1962] [or an Act passed by a Provincial Assembly established under the Interim Constitution of 1972, or the Constitution of 1973 ] :] * [(43a) “Provincial Government”. “Provincial Government”— [(a) as respects anything done after the establishment of the Federation of Pakistan but before the fourteenth day of October, 1955, shall mean in a Governor's Province, the Governor, and in a Chief Commissioner's Province, the [Federal Government] ; (aa) as respects anything done or to be done after the thirteenth day of October, 1955, shall mean the Governor, and where the administration of any area [vested in the Governor General or vests in the President],the [Federal Government];] [(aaa) as respects any thing done or to be done after the fourteenth day of August, 1973, shall mean the Chief Ministers and the Provincial Ministers and shall include, in relation to functions entrusted to the Federal Government, the Federal Government acting within tile scope of authority given to it by the Provincial Government] ; [(aaaa) as respects anything done or to be done after the thirtieth day of June, 1970, in relation to the Islamabad Capital Territory under any law coming into force after that day, s hall mean the Federal Government;] (b) as respects anything done before the establishment of the Federation of Pakistan, but after the [commencement of Part III of the Government of India Act, 1935 shall mean in a Governor's Province, the Governor acting or not acting in his discretion, and exercising or not exercising his individual judgment, according to the provision in that behalf made by and under the said Act, and in a Chief Commissioner's Province, the [Federal Government] ; and (c) as respects anything done before the commencement of Part III of the said Act, shall mean the authority or person authorized at the relevant date to administer executive government in the Province in question:] (44) “Public nuisance.” “public nuisance” shall mean a public nuisance as defined in the Pakistan Penal Code (Act XLV of 1860). [* * * * * * *] (45) “Registered.” “registered”, used with reference to a document, shall mean registered in [a Province] under the law for the time being in force for the registration of documents: (46) “Regulation.” “Regulation” shall mean a Regulation made [by the [Federal Government] under the Government of India Act, 1870, [or the Government of India Act, 1915,] [or the Government of India Act,] [or under section 95 or section 96 of the Government of India Act, 1935] [or by the Governor under Article 103 or Article 104 of the Constitution. of 1956, or by the President or by the Governor under Article 223 of the Constitution of 1962] [,] [or by the President or by the Governor under Article 247 of the Constitution of 1973:] (47) “Rule.” “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: (48) “Schedule.” “schedule” shall mean a schedule to the Act or Regulation in which the word occurs: [(49) “Scheduled District.” “Scheduled District” shall mean a “Scheduled District” as defined in the Scheduled Districts Act, 1874 (XV of 1874): (50) “Section.” “section” shall mean a section of the Act or Regulation in which the word occurs: (51) “Ship.” “ship” shall include every description of vessel sed in navigation not exclusively propelled by oars: (52) “Sign.” “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: [ * * * * * * *] (53) “Son.” “son”, in the case of any one whose personal law permits adoption, shall include an adopted son: [ * * * * * * *] (54) “Sub-section.” “sub-section” shall mean a sub-section of the section in which the word occurs: [ * * * * * * *] (55) “Swear.” “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: [(55a) “Tribal Areas.” “Tribal Areas” shall (i) as respects the period after the first day of July, 1970 mean the areas in Pakistan which immediately before that day were the Tribal Area and include— (a) the Tribal Areas of Baluchistan and the North-West Frontier Province; and (b) the former States of Amb, Chitral, Dir and Swat; (ii) as respects the period on or after the tenth day of January 1964, and before the first day of July, 1970 mean the areas in the Province of West Pakistan which, on the thirteenth day of October, 1955, were (a) the Tribal Areas of Baluchistan the Punjab and the North-West Frontier; and (b) the States of Amb, Chitral, Dir and Swat; (iii) as respects the period on or after the eight day of June, 1962, and before the tenth day of January, 1964, mean the areas in the Province of West Pakistan which, on the thirteenth day of October, 1955, were— (a) the Tribal Areas of Baluchistan, the Punjab and the North-West Frontier ; and (b) the States of Amb, Chitral, Dir and Swat and the area in the Province of East Pakistan known as Chittagong Hill Tract; (iv) as respects the period on or after the twenty-third day of March, 1956, and before the eight day of June, 1962, mean the areas of the Province of West Pakistan which immediately before the commencement of the Establishment of West Pakistan Act, 1955, were— (a) the Tribal Areas of Baluchistan, the Punjab and the North-West Frontier; and (b) the States of Amb, Chitral, Dir and Swat; and (v) as respects the period before the twenty-third day of March, 1956, mean the areas in Pakistan which immediately before that day were the Tribal Areas and include (a) the Tribal Areas of Baluchistan, the Punjab and the North-West Frontier Province; and (b) the States of Amb, Chitral, Dir and Swat.] (56) “Vessel”. “vessel” shall include any ship or boat or any other description of vessel used in navigation. [ * * * * * * *] (57) “Will”. “will” shall include a codicil and every writing making a voluntary posthumous disposition of property: (58) “Writing.” 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 (59) “Year.” “year” shall mean a year reckoned according to the British calendar.

Effective date: 1897-03-11

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