[ 11th March, 1897 ]

GENERAL DEFINITIONS

Definitions 3. In this Act, and in all 1[other Acts of Parliament] and Regulations 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 2[***] Penal Code:
3[(1a) "Act of Parliament" shall mean an Act passed by Parliament and shall
include any Act passed or made by any legislature or any person having
authority to legislate under any Constitutional instrument and in force in
Bangladesh or any portion thereof:]
(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:
4
[(2a) "Advocate" means a person enrolled as such under the Bangladesh
Legal Practitioners and Bar Council Order, 1972 (P. O. No. 46 of 1972):]
(3) "affidavit" shall include affirmation and declaration in the case of persons
by law allowed to affirm or declare instead of swearing:
5 [(3a) "Appellate Division" means-
(a) as respects the period before the 16th day of December, 1972, the
Appellate Division of the High Court of Bangladesh; and
(b) as respects any period thereafter the Appellate Division of the Supreme
Court of Bangladesh constituted under the Constitution:]
6
[* * *]
7 [* * *]
8
[(8aa) "Bangladesh Law" shall mean any Act, Ordinance, Regulation, rule,
Order or bye-law in force in Bangladesh:]
9
[* * *]
(9) "Chapter" shall mean a Chapter of the Act or Regulation in which the
word occurs:
10 [(9a) "Chief Revenue Authority" shall mean the National Board of Revenue
constituted under the National Board of Revenue Order, 1972 (P. O. No. 76 of
1972:]
 [(9aa) "Chittagong Metropolitan Area" means the Chittagong Metropolitan
11

Area as defined in the Chittagong Metropolitan Police Ordinance, 1978 (Ord.

XLVIII of 1978):]
(10) "Collector" shall mean the chief officer in charge of the revenue
administration of a District and shall include a Deputy Commissioner, of
such District:
12
[* * *]
(12) "commencement", used with reference to an Act or Regulation, shall
mean the day on which the Act or Regulation comes into force:
(13) "Commissioner" shall mean the chief officer in charge of the revenue-
administration of a division and shall include an Additional Commissioner of
such division:
[(13a) "Constitution" means the Constitution of the People's Republic of
13

Bangladesh:]
(14) "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:
[(14a) "Dhaka Metropolitan Area" means the Dacca Metropolitan Area as
14

defined in the Dacca Metropolitan Police Ordinance, 1976 (Ord. III of 1976):]
(15) "District Judge" shall mean the Judge of a principal Civil Court of
original jurisdiction, but shall not include 15 [the High Court Division] in the
exercise of its ordinary or extraordinary original civil jurisdiction:
(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:
16 [* * *]
(17) "enactment" shall include a Regulation (as hereinafter defined) 17 [* * *]
and shall also include any provision contained in any Act or in any such
Regulation as aforesaid:
(18) "father", in the case of any one whose personal law permits adoption,
shall include an adoptive father:
18 [(19) "financial year" shall mean the year commencing
on the first day of July and ending on the 30th day of June:]
(20) a thing shall be deemed to be done in "good faith" where it is in fact
done honestly, whether it is done negligently or no:
19 [(21) "Government" or "the Government" shall mean-
(a) in relation to anything done before the 26th day of March 1971, any
Government which functioned within the territories now comprised in
Bangladesh; and
(b) in relation to anything done or to be done after the 25th day of March,
1971, the Government of the People's Republic of Bangladesh:]
[(21a) "Government contracts" and equivalent expressions shall include
20

contracts made in the exercise of the executive authority of the People's

Republic of Bangladesh:
(21b) "Government debts" and equivalent expressions shall include debts
due to the Government of the People's Republic of Bangladesh and any debt
due to any Government that functioned within the territories now comprised
in Bangladesh:
(21c) "Government Grants" shall include a grant (including a transfer of land
or of any interest therein or a payment of any money) made by or on behalf
of the Government of the People's Republic of Bangladesh and before the
26th day of March, 1971, by or on behalf of any Government that functioned
within the territories now comprised in Bangladesh:
(21d) "Government liabilities" and equivalent expressions shall include the
liabilities of the Government of the People's Republic of Bangladesh and only
such liabilities incurred by any other Government that at any time functioned
in the territories now comprised in Bangladesh, as have been expressly
accepted by the People's Republic of Bangladesh:
(21e) "Government Property" and equivalent expressions shall include any
property vested in, or otherwise held for the purposes of the Government of
the People's Republic of Bangladesh and property which, before the 26th day
of March, 1971, vested in any Government that functioned within the
territories now comprised in Bangladesh:
(22) "Government securities" shall mean securities of the Government of the
People's Republic of Bangla-desh:]
(23) [Repealed by section 3 and Schedule II of the Repealing and Amending
Act, 1919 (Act No. XVIII of 1919).]
[(24) "High Court" shall, as respect any period before the 16th day of
21

December, 1972, mean the High Court of Bangladesh and as respect any
period before the 26th day of March, 1971, the High Court that functioned
within the territories now comprised in Bangladesh:]
22 [(24a) "High Court Division" shall mean the High Court Division of the
Supreme Court of Bangladesh constituted under the Constitution:]
(25) "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" shall mean imprisonment of either description as
defined in the 23[* * *] Penal Code:
[(26a) "Khulna Metropolitan Area" means the Khulna Metropolitan Area as
24

defined in the Khulna Metropolitan Police Ordinance, 1985 (Act No. LII of
1985):]
25 [* * *]
[(28) "Local authority" shall mean and include a Paura Shava, Zilla Board,
26

Union Panchayet, Board of Trustees of a port or other authority legally

entitled to, or entrusted by the Government with, the control or management
of a municipal or local fund, or any corporation or other body or authority
constituted or established by the Government under any law:]
(31) "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", 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:
[(32a) “Metropolitan Area” means any area declared As Metropolitan Area
27

under any Act;]

(33) "month" shall mean a month reckoned according to the British calendar:
(34) "moveable property" shall mean property of every description, except
immoveable property:
28 [* * *]
(36) "oath" shall include affirmation and declaration in the case of persons
by law allowed to affirm or declare instead of swearing:
(37) "offence" shall mean any act or omission made punishable by any law
for the time being in force:
29 [(37a) "Official Gazette" or "Gazette" shall mean the Bangladesh Gazette:
(37b) "Parliament" shall mean the Parliament for Bangladesh, known as the
House of the Nation:]
(38) "Part" shall mean a Part of the Act or Regulation in which the word
occurs:
(39) "person" shall include any company or association or body of
individuals, whether incorporated or not:
[(39a) “Police Commissioner” means the Police Commissioner appointed
30

under any Act for any metropolitan area, and also includes an Additional
Police Commissioner, a Joint Police Commissioner, a Deputy Police
Commissioner, an Additional Deputy Police Commissioner, a Senior
Assistant Police Commissioner and an Assistant Police Commissioner;]
31
[* * *]
(44) "Public nuisance" shall mean a public nuisance as defined in the 32[* * *]
Penal Code:
33 [* * *]
34[(44b) "the President" means the President of Bangladesh elected under
the Constitution or any person for the time being acting in that office: ]
(45) "registered", used with reference to a document, shall mean registered
in 35[* * *] under the law for the time being in force for the registration of
documents:
[(46) "Regulation" shall mean a Regulation made by any person or authority
36

empowered under any constitutional instrument and in force in Bangladesh:]

37 [(46a) "the Republic" means the People's Republic of Bangladesh:]
(47) "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" shall mean a schedule to the Act or Regulation in which the
word occurs:
38 [* * *]
(50) "section" shall mean a section of the Act or Regulation in which the
word occurs:
[(50a) "the service of the Republic" means any service, post or office
39

whether in a civil or military capacity, in respect of the Government of

Bangladesh, and any other service declared by law to be a service of the
Republic:]
(51) "ship" shall include every description of vessel used in navigation not
exclusively propelled by oars:
(52) "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:
40 [* * *]
(53) "son" in the case of any one whose personal law permits adoption, shall
include an adopted son:
(54) "sub-section" shall mean a sub-section of the section in which the word
occurs:
41 [(54a) "suits by or against the Government" and equivalent expressions
shall include suits by or against Bangladesh:]
(55) "swear", with its grammatical variation and cognate expressions, shall
include affirming and declaring in the case of persons by law allowed to
 affirm or declare instead of swearing:
42 [* * *]:
(56) "vessel" shall include any ship or boat or any other description of vessel
used in navigation:
(57) "will" shall include a codicil and every writing making a voluntary
posthumous disposition of property:
(58) 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" shall mean a year reckoned according to the British calendar.

1 The words "other Acts of Parliament" were substituted, for the words "Central Acts" by Article 4 of the General Clauses

(Amendment) Order, 1972 (President's Order No. 147 of 1972).

2
The word "Pakistan" was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of
1972).

3
Clause (1a) was substituted, for clause (1a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order
No. 147 of 1972).

4 Clause (2a) was inserted, by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).

5
Clause (3a) was substituted, for clause (3a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order
No. 147 of 1972).

6
Clauses (3b), (3c), (3d), (4), (5), (6), (7) and (8) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972
(President's Order No. 147 of 1972).

7 Clause (8a) was repealed by section 3 and Schedule II of the Federal Laws (Revision and Declaration) Act, 1951 (Act No.

XXVI of 1951).

8 Clause (8aa) was substituted, for Clause (8aa) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

9 Clauses (8ab) and (8ac) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No.

147 of 1972).

10 Clause (9a) was substituted, for clause (9a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

11 Clause (9aa) was inserted by Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of

1978).

12 Clause (11) was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).

13 Clause (13a) was substituted, for clause (13a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

14 Clause (14a) was inserted by Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No.

LXIX of 1976).

15 The words "the High Court Division" were substituted, for the words "a High Court" by Article 4 of the General Clauses

(Amendment) Order, 1972 (President's Order No. 147 of 1972).

16 Clauses (16a), (16b) and (16c) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

17 The words "and any Regulation of the Bengal, or Bombay Code" were omitted by Article 4 of the General Clauses

(Amendment) Order, 1972 (President's Order No. 147 of 1972).

18 Clause (19) was substituted, for clause (19), by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

19 Clause (21) was substituted, for clause (21) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

20 Clauses (21a), (21b), (21c), (21d), (21e) and (22) were substituted, for clauses (21a), (21b), (21c), (21d), (21e) and (22) by

Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).

21 Clause (24) was substituted, for clause (24) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

22
Clause (24a) was inserted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of
1972).

23 The word "Pakistan" was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147

of 1972).

24 Clause (26a) was inserted by Schedule II of the Khulna Metropolitan Police Ordinance, 1985 (Ordinance No. LII of 1985).

25
Clauses (27), (27b) and (27c) was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order
No. 147 of 1972).

26 Clause (28) was substituted, for clause (28) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

27 Clause (32a) was substituted by section 114 (a) of গাজীপুর মহানগরী পুলিশ আইন, ২০১৮ (২০১৮ সনের ১৯ নং আইন)

28 Clauses (34a1) and (34a) were omitted by Article 4 of the General clauses (Amendment) Order, 1972 (President's Order No.

147 of 1972).

29 Clauses (37a) and (37b) were substituted, for clauses (37a) and (37b) by Article 4 of the General Clauses (Amendment)

Order, 1972 (President's Order No. 147 of 1972).

30 Clause (39a) was substituted by section 114 (b) of গাজীপুর মহানগরী পুলিশ আইন, ২০১৮ (২০১৮ সনের ১৯ নং আইন)

31 Clauses (40), (42), (43) (43ai) and (43a) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972

(President's Order No. 147 of 1972).

32 The word "Pakistan" was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147

of 1972).

33 Clauses (44a1) and (44a) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order

No. 147 of 1972).

34 Clause (44b) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973

(Act No. VIII of 1973).

35 The words "a Province" were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No.

147 of 1972).

36 Clause (46) was substituted, for clause (46), by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

37 Clause (46a) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973

(Act No. VIII of 1973).

38 Clause (49) was omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No. 147 of 1972).

39 Clause (50a) was inserted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973

(Act No. VIII of 1973).

40 Clause (52a1) and (52a) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's Order No.

147 of 1972).

41 Clause (54a) was substituted, for clause (54a) by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

42 Clauses (55a), (56a) and (56aa) were omitted by Article 4 of the General Clauses (Amendment) Order, 1972 (President's

Order No. 147 of 1972).

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