INTERPRETATION [Cap. 12
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CHAPTER 12 INTERPRETATION Ordinances AN ORDINANCE FOR DEFINING THE MEANING OF CERTAIN TERMS AND FOR SHORTENING Nos. 21 of 1901 22 of 1912 THE LANGUAGE USED IN ENACTMENTS AND OTHER WRITTEN LAWS AND FOR 2 of 1913 OTHER PURPOSES. 8 of 1916 20 of 1924 8 of 1931 2 of 1947 Acts Nos. 5 of 1954. 17 of 1965. 29 of 1971. 18 of 1972. Law No. 29 of 1974. [3rd December, 1901. ] Short title. 1. This Ordinance may be cited as the " operation ". used with reference to Interpretation Ordinance. an enactment which is not to take effect immediately upon coming Interpretation. 2. In this Ordinance and in every written into force, shall me£.n the day on law. whether made before or after the which such enactment takes effect; commencement of this Ordinance, unless (f) "enactment" shall mean any there be something repugnant in the subject Ordinance, Law or Act enacted by or context- the Legislature of Ceylon or Sri (a) "abet" with its grammatical Lanka, as the case may be, and variations and cognate expressions, shall include - shall have the same meaning as in the Penal Code; (i) the Constitution of the Democratic Socialist (b) " Act'' or " Act of Parliament " shall Republic of Sri Lanka, mean an enactment of the 1978; Legislature of Ceylon or Sri Lanka. as the case may be, enacted on or (ii) any enactment having the after the 14th day of October, 1947, force of law in Sri Lanka other than a Law enacted by the and promulgated in the form National State Assembly; of a proclamation or regulation prior to the 1st (c) " Attorney-Genera! " shall mean the day of January, 1834 ; Attorney-General of Sri Lanka, and shall include an acting (iii) the Tesawalamai or the laws Attorney-General; and customs of the Malabars of Jaffna (d) "Chapter", " Part " , section ", and promulgated by the Dutch "Schedule" shall denote Government of Ceylon in the respectively a chapter, part, and year seventeen hundred and section of, and schedule to, the seven, and referred to in the enactment in which the word Tesawalamai Regulation ; occurs, and tt subsection " shall and denote a subsection of the section in (iv) the Ceylon (Parliamentary which the word occurs; Elections) Order in Council. (e) "commencement", used with 1946. reference to an enactment, shall (g) " foreign country " or " foreign Stale " mean the day on which such shall mean any country or Slate enactment comes into force ; and other than Sri Lanka ; I/ 141 Cap. 12] INTERPRETATION * (h) " Full Moon Poya Day " shall have the (o) "month" shall mean a calendar same meaning as in the Holidays month, unless words be added Act, and the expression " Full Moon showing lunar months to be Poya Days " shall be construed intended ; accordingly; (p) " oath " and " affidavit " shall, in the (i) " Gazette " or " Government Gazette " case of persons for the time being shall mean the Gazette published by allowed by law to affirm or declare the order of the Government of Sri instead of swearing, include Lanka, and shall include any affirmation and declaration, and Extraordinary Gazette so " swear " shall, in the like case, published ; include affirm and declare : (q) "Ordinance" shall mean an (j) " Law " shall mean an enactment of enactment enacted prior to the 14th the National State Assembly day of October. 1947; constituted under the Constitution of Sri Lanka adopted and enacted (r) "Parliament" shall mean the on the 22nd day of May, 1972 ; Parliament constituted in accordance with the provisions of (ja) " local authority" means any the Constitution of the Democratic Municipal Council, Urban Council, Socialist Republic of Sri Lanka. Town Council .or Village Council 1978; and includes any Authority created and established by or under any law (s) " person " includes any body of persons to exercise, perform and discharge corporate or unincorporate; powers, duties and functions (t) " prescribed " shall mean prescribed by corresponding to or similar to the the enactment in which the word powers, duties and functions occurs or by any rule, regulation, exercised, performed and by-law, proclamation or order made discharged by any such Council; thereunder; (u) " President " shall mean the President (k) " master " used with reference to a of the Democratic Socialist ship shall mean any person (except Republic of Sri Lanka, and shall a pilot) having for the time being include any person duly appointed control or charge of a ship ; or designated to exercise, perform and discharge the powers, duties (l) " Member of Parliament " shall mean a and functions of his office ; Member of the Parliament of the Democratic Socialist Republic of * (v) " public holiday " shall have the same Sri Lanka; meaning as in the Holidays Act, and the expression " public (m) " Minister " used with reference to holidays " shall be construed any subject or function of accordingly; Government shall mean the (w) " registered " used with reference to a Minister to whom that subject or document shall mean registered function has been assigned by the under the provisions of the law for President and includes a person the time being applicable to the duly appointed to act in the place of registration of such document; such Minister; (x) "rigorous imprisonment", "simple (n) "Ministry" or "Ministry charged imprisonment ", and with ", with reference to any subject "imprisonment of either or function shall mean the Ministry description " shall have the same of the Minister to whom that meaning as in the Penal Code, and subject or function has been " imprisonment " shall mean simple assigned by Ihe President; imprisonment; * Sec Gazelle Extraordinary No. 14,984/44 of 1971.11.15. 1/142 INTERPRETATION [Cap. 12 (y) " Secretary " used in relation to any 1978, and shall include any person Ministry shall mean the Secretary or body of persons empowered to the Ministry of the Minister to during any period of time to whom the relevant subject or exercise legislative power in Ceylon function has been assigned ; or Sri Lanka ; (z) " sign " with its grammatical (gg) " Ins State w or " the Republic " or variations and cognate expressions, " the Republic of Sri Lanka " shall shall, with reference to a person mean the Democratic Socialist who is unable to write his name, Republic of Sri Lanka ; include "mark" with its grammatical variations and cognate (hh) "the United Kingdom" shalLmean expressions; the United Kingdom of Great (aa) "Solicitor-General" shall mean the Britain and Northern Ireland ; Solicitor-General of Sri Lanka, and (ii) " value " used with reference to a suit shall include an Additional shall mean the amount or value of Solicitor-General and a Deputy the subject-matter of the suit; Solicitor-General, and any officer acting in the place of the (jj) " will " shall include a codicil; Solicitor-General, Additional Solicitor-General or peputy (kk) " written law" shall mean and Solicitor-General; include all Ordinances, Laws and Acts of the Legislature of Ceylon or (bb) "State Counsel" shall inc|ude a Sri Lanka and all orders, Senior Slate Counsel and an acting proclamations, rules, by-laws, State Counsel and an acting Senior regulations, warrants and process of State Counsel; every kind made or issued by any body or person having authority (cc) " the Constitution " shall mean the under any statutory or other Constitution of the Democratic enactment to make or issue the Socialist Republic of Sri Lanka, same in and for Ceylon or Sri 1978. Lanka or any part thereof, the (dd) " the Oovernment ", where no other Minutes on Pensions, and the mc;ining is indicated by any Ceylon (Parliamentary Elections) descriptive or qualifying words or Order-in-Council 1946; by the context, and " the Sri Lanka Government " or " the Government (ll) words importing the masculine gender of Sri Lanka " or " the Government shall be taken to include females ; of this Island " or " the Government of the Island of Sri Lanka " or (mm) words in the singular number shall include the plural, and vice versa. tt the Government of the Republic " shall mean the Government of the Republic constituted under ihe 3. No enactment shall in any manner Savings of rights Constitution of the Democratic affect the right of the Stale unless it is therein of the State. Socialist Republic of Sri Lanka, expressly stated, or unless it appears by 1978; necessary implication that the Stale is bound (ee) "the Island" and "this Island", thereby. " Ceylon " and " Sri Lanka " shall mean the Island of Sn Lanka or of 4. Where any enactment or written law, Exercise of Ceylon, as required by the context; whether passed or made before or after the powers and commencement ol r this. • Ordinance,/^ -i- centersr a duties. (ff) "the Legislature" shall mean the power or imposes a duty, then, unless a Parliament constituted under the contrary intention appears, the power may be Constitution of the Democratic exercised and the duty shall be performed Socialist Republic of Sri Lanka, from time to time as occasion requires. 1/143 Cap. 12] INTERPRETATION Meaning of 5. (1) In any enactment which amends 7. Whereby any enactment which is not Making of " the principal any other enactment, the expression " the to come into operation immediately on the rules in interval Ordinance ', between " the principal principal Ordinance " or ** the principal passing thereof a power is conferred on any passing and Law", and Law " or " the principal Act " shall mean the person or body of persons to make rules or to operation of " the principal enactment which is amended. issue orders with respect to the application of enactment. Act." such enactment, or with respect to the (2) Every amending enactment shall be establishment of any office or the read as one with the principal enactment to appointment of any officer thereunder, or which it relates.