Section 2 in The Orissa Municipal Corporation Act, 2003
2. Definitions.
- In this Act, unless the context otherwise requires, -(1)"agent" means an election agent;(2)"annual value" means the value of any building or land fixed in accordance with the provisions of this Act and the rules made thereunder for the purpose of assessment of property taxes;(3)"assessment list" means the assessment list referred to in Section 223;(4)"bakery" or "bake-house" means any place in which bread, biscuits or confectionery are packed, cooked or prepared in any manner whatsoever for the purposes of sale or profit;(5)"backward class of citizens" means the backward class of citizens as specified by the Government from time to time in the lists as mentioned in the Orissa State Commission for Backward Classes Act, 1993;(6)"budget grant" means a sum entered on the expenditure side of the budget estimate under a Major Head and finally adopted by the Corporation;(7)"building" means a house and includes out-house, garage, stable, latrine, godown, shed, hut, wall, fencing platform, verandahs, balcony, cornice or projection or part of the building or anything affixed thereto or any wall (other than the boundary wall less than three metres in height) enclosing or intended to enclose any land, signs or outdoor display structures but does not include a tent, samiana or tarpaulin shelter;(8)"building line" means the line which is in rear of the street alignment and upto which the main wall of a building on a land abutting on a street or projected public street may lawfully extended;(9)"bustee" means an area containing land not less than seven hundred square metres occupied by or for the purpose of any construction of huts or other structures used or intended to be used for human habitation;Explanation. - If any question arises as to whether any particular area is or is not a bustee, the Corporation shall decide the question and its decision shall be final;(10)"business" means any trade and includes, commerce or manufacture or an adventure or any concern in the nature of trade, commerce or manufacture;(11)"bye-law" means a bye-law framed under Section 657;(12)"candidate" means a person who has been nominated as a candidate at any election of a Corporator or who claims that he has been so nominated or that his nomination has been improperly refused, and includes a person who, when an election is in contemplation, holds himself out as a prospective candidate at such election if he is subsequently nominated as a candidate at such election;(13)"carriage" means any wheeled vehicle, with springs or other appliances acting as springs, which is ordinarily used for the conveyance of human beings or for transporting, hawking or selling of goods or articles and includes any kind of bicycle, tricycle, rickshaw, a jin-rickshaw, cycle-rickshaw but does not include a perambulator conveyance of children upto the age of seven years and a motor vehicle within the meaning of the Motor Vehicles Act, 1988; and tricycle used by physically handicapped person.(14)"cart" means any hackney or wheeled vehicle with or without springs which is not a carriage as defined in this section and includes a hand-card or a cycle van or pull van, but does not include any wheeled vehicle which is propelled by any mechanical power or its trailer(15)"casual election" means an election held to fill up a casual vacancy;(16)"casual vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a Corporator or in any other office;(17)"cesspool" means a settlement tank or other tank for the reception or disposal of foul matter from buildings;(18)"city" means any area specified by the Governor as a larger urban area under Sub-section (1) of Section 3 or deemed to be so specified under Sub-section (4) of the said Section;(19)"Commissioner" means the Municipal Commissioner for the city appointed under Section 17;(20)"company" means a company as defined in the Companies Act, 1956 or formed in pursuance of any Act of Parliament or of an Act of the Legislature of the State and includes any firm or association carrying on business in State of Orissa whether incorporated or not or its principal place of business is situated therein or not;(21)"connected privy" means a privy which is directly connected with a sewer;(22)"connected urinal" means a urinal which is directly connected with a sewer;(23)"Corporation" means a Municipal Corporation constituted under this Act;(24)"Corporation building", "Corporation drain", "Corporation market", "Corporation slaughter house" or "Corporation water works" means a building, drain, market, slaughter house or water works respectively vested in or managed by the Corporation under this Act;(25)"Corporator" means a person who is duly elected as a Corporator of the Corporation under this Act and includes a nominated Corporator;(26)"cubical extents" with reference to the measurement of a building, means the space contained with the external surface of its walls and roof and the upper surface of the floor of its lowest storey, or where the building consists of one storey only, the upper surface of its floor;(27)"dairy" means any farm and includes cattleshed, milk store, milk shop or other place from which milk is supplied only on or for sale or in which milk is kept for the purpose of sale or manufactured into butter, ghee, cheese, curd, or dried or condensed milk for sale and in the case of dairy man who does not occupy any place for sale of milk, includes the place where he keeps the containers used by him for the sale of milk, but does not include -(a)a shop from which milk is not supplied otherwise than in a properly closed and unopened container in which it was delivered to the shop, or(b)a shop or other place in which milk is sold for consumption on the premises only;(28)"dairy man" means any occupier of dairy and includes any cowkeeper who trade in milk or any person who sells milk whether wholesale or by retail;(29)"drain" means a sewer and includes tunnel, pipe, ditch, gutter, or channel and any cistern, flush tank, septic tank or other device for carrying of or treating sewage, offensive matter polluted water sullage, waste water, rain water or sub-soil water and any culvert, ventilation shaft or pipe or other appliance, or fitting connected therewith and any ejector, compressed air main, sealed sewage main and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place;(30)"drug" means by substance used as medicine or in the composition or preparation of medicines, whether for internal or external use, but does not include a drug within the meaning of clause (b) of Section 3 of the Drugs and Cosmetics Act, 1940;(31)"dwelling house" means a masonry or thatched building constructed, used or adapted to be used wholly or principally for human habitation;(32)"dangerous disease" refers to,-(a)Cholera, plague, small pox, carebra spinal, meningitis, diptheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis and symphillis, filaria, and(b)any other epidemic, endemic or infectious disease which the Government may by notification, declare from time to time to be dangerous disease for the purposes of this Act;(33)"eating house" means any premises to which the public or any section of the public are admitted and where food is prepared, supplied or sold for consumption on or outside the premises for the profit or gain of any person owning or having an interest in or managing such premises;(34)"election authority" means such authority as may be prescribed, not being the Mayor, Deputy Mayor or a Corporator;(35)"election agent" means the person appointed under Sub-section (2) of Section 75 by a candidate to be his election agent;(36)"Election Commission" means the State Election Commission consisting of a State Election Commissioner appointed by the Governor under Article 243K of the Constitution;(37)"Entry Tax" means the tax collected by the State Government under the provisions of the Orissa Entry Tax Act, 1999;(38)"environmentalist" means an officer appointed as the Environment Officer under Sub-section (4) of Section 117 to look after the overall ecology of the area of the Corporation;(39)"essential services" means services in which any Corporation officer, employee or other person is employed by or on behalf of the Corporation which are specified in the Orissa Essential Services (Maintenance) Act, 1988;(40)"factory" means a factory as defined in the Factories Act, 1948 and includes any premises and also its precincts wherein an industrial, manufacturing or trade process is carried with the aid of steam water, oil, gas, electricity or any other form of power which is mechanically transmitted and is not generated by human or animal agency;(41)"filth" means -(a)night soil or other contents of latrines, cesspools and drains,(b)dirt, dung, refuse, useless or offensive material thrown out in consequence of any process of manufacture, industry or trade,(c)putrid or purifying substance;(42)"food" means every article (other than drugs) and water used by human being for purposes of eating or drinking, any material or substance used or admixed in the composition, preparation, flavouring or colouring of such article and all confectionery spices and condiments;(43)"frame building" means a building, the external walls of which are constructed of timber framing or iron framing and the stability of which depends on such frames;(44)"Government" means the State Government of Orissa;(45)"goods" means articles for sale and includes animals;(46)"holding" means land held under one title or agreement and surrounded by one set of boundaries;Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling house, manufacture, warehouse or place or trade or business, such holdings shall be deemed to be one holding for the purpose of this Act;Explanation. - Holding separated by a road or other means of communication shall be deemed to be adjoining within the meaning of this provision;(47)"house-drain" means any drain of, and used for the drainage of, one or more buildings or premises and made merely for the purpose of communication with a Corporation drain;(48)"house-gully" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or for affording access to Corporation employees or to persons employed in the cleaning of a privy, urinal, cesspool or other receptacle for filth or polluted matter or in the removal of such matter therefrom;(49)"hut" means any building which is constructed principally of wood, mud, leaves, grass, cloth, polythene rolls or thatches and includes any temporary structure of whatever size of any material which the Corporation may, for the purpose of this Act, declare to be a hut;(50)"infectious disease" means any disease which may be transmitted from one person to another and declared as such by the Government, by notification from time to time;(51)"Judge" means the District Judge and shall include an Additional District Judge and Civil Judge (Senior Division), having jurisdiction over the Corporation area;(52)"land" includes land which is being built upon or covered with water, benefits arising out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street;(53)"local authority" means Municipal Corporation or Municipal Council or Notified Area Council or Development Authority or Improvement Trust or Panchayats at any level;(54)"lodging house" means a building or part of a building where lodging with or without board or other service is provided for a monetary consideration and includes a collection of buildings or a building or a part of a building used for the accommodation of pilgrims and travellers or any person whether on payment or otherwise;(55)"market" means any place where persons assemble for the sale of, or for the purpose of exposing for sale of any article including livestock, food for livestock, meat, fish, fruit, vegetables, animals excluding cattle intended for human consumption or any other article of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business carried on in or on the persons frequenting such place by the owner thereto for any other person;(56)"nuisance" means any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or studies or which is or may be dangerous to life or injurious to the. health or property of the public or offends against public morality;(57)"occupier" means any person in actual possession of any land or building and includes an owner in actual possession or a tenant or licensee, whether such tenant or licensee is liable to pay rent or not;(58)"octroi" means a cess imposed on goods at the time of their entry into the limits of a city for the purposes of consumption, use or sale therein before the commencement of the Orissa Entry Tax Act, 1999;(59)"offensive matter" means filth, sewage, dust, house-sweepings, spitting after or without chewing betel or tobacco and includes kitchen or stable refuse, pieces of broken glass or pottery debries polythene materials and waste paper;(60)"owner" means -(a)when used with reference to any premises, the person who receives the rent of the said premises or who would be entitled to receive the rent thereof if the premises were let and includes -(i)an agent or trustee who receives such rent on account of the owner;(ii)an agent or trustee who receives the rent of or is entrusted with or concerned for, any premises devoted to religious or charitable or educational purposes,(iii)a receiver, sequestrator or manager appointed by any Court of competent jurisdiction to have the charge of or to exercise the rights of an owner of the said premises,(iv)a mortgagee-in-possession; and(b)when used with reference to any animal, vehicle or boat, the person for the time being in charge of such animal, vehicle or boat;(61)"population" means the number of the inhabitants as ascertained at the last preceding census of which the relevant figures have been published;(62)"premises" means buildings and lands of any tenure whether open or enclosed, whether built on or not and whether public or private including messuages;(63)"prescribed" means prescribed by rules made under this Act;(64)"private street" means any street, which is not a "public street" but does not include a pathway made by the owner of the premises on his own land to secure access to, or the convenient use of such premises;(65)"privy" means a place set apart for defecating or urinating or both together with the structure comprising such place, the receptacle therein for human excreta and the fittings and apparatus if any, connected therewith and includes a closet of the dry type, an aquaprivy, a latrine and an urinal;(66)"public place" means any place to which the public have or are permitted to have access and includes any park; garden or ground;(67)"public securities" means -(a)securities of the Central Government or any State Government.(b)stocks, debentures or shares, the interest whereon has been guaranteed by the Central or any State Government,(c)debentures or other securities for money issued by or on behalf of any local authority,(d)securities expressly authorized by any order which the Government makes in this behalf;(68)"public street" means any street, road, lane, gully, passage or riding path over which the public have a right of way, whether a thoroughfare or not and includes -(a)a broad way over or a footway attached to any public bridge or causeway;(b)the drain attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private or property belonging to the Government;(69)"public analyst" means any person having the qualification prescribed by rules made under the Prevention of Food Adulteration Act, 1954 and appointed as such by the Corporation with the approval of the Government to perform the duties and to exercise the powers of a public analyst as prescribed by rules made under that Act;(70)"public building" means a masonry building constructed, used or adopted to be used -(a)as a place of public worship or as a school, college or other place of instruction (not being a dwelling house so used) or as a hospital, work house, public theater, public cinema, public concert room, public bal-room, public-lecture room, public library or public exhibition room or a public place of assembly, or(b)for any other public purpose;(71)"rubbish" means fragments of ruinous building and includes dust, ashes, broken bricks, mortar, broken glass, polythene and other waste, garden refuse and refuse of any kind;(72)"Schedule" means the Schedule appended to this Act;(73)"section" means a section of this Act;(74)"sewage" means night soil and other contents of water closets, latrines, privies, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattleshed and other like places and includes trade effluent and discharges from manufactures of all kinds;(75)"slum or informal settlements" means all under serviced settlements, be they unauthorized occupation of land, congested inter-city built up areas, fringe areas, unauthorized developments, villages within Corporation area and in the perphery, irrespective of tenure of ownership of land use;(76)"sweetmeat shop" means any premises or part of any premises used for the manufacture, treatment or storing for sale, whether wholesale or retail of any sweetmeat including icecream, confectionery of any kind whatsoever, for whomsoever intended and by whatsoever name the same may be known and whether the same be for consumption in or outside the premises;(77)"trade effluent" means any liquid either with or without particles of matter in suspension therein which is wholly or in part produced in the course of any trade or industry carried on at trade premises and "trade effluent in relation to any trade premises" means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises but does not include sewage;(78)"vehicle" means a carriage,cart, van, handcart, bicycle, rickshaw and every wheeled conveyance which is used or is capable of being used on a street but does not include a motor vehicle within the meaning of the Motor Vehicles, Act, 1988;(79)"water closet" means a closet which has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action;(80)"water connection" means connection of -(a)any tank, cistern, hydrant, standpipe, meter or tap situated on any private property with a water-main or pipe belonging to the Corporation, and(b)the water-pipe connecting such tanks, cistern, hydrant, standpipe, meter or tape with such water main or pipe;(81)"water course" means any river, stream or channel;(82)"water for domestic purpose" means use of water for the purpose of other than the use for cattle or for horses or for washing vehicles when the cattle, horses or vehicles are kept for sale or hire by a common carrier but shall not include water for any trade, manufacture or business or for building purposes or for watering gardens or for fountains or for any ornamental or mechanical purposes;(83)"water works" means any apparatus or plant by which water is supplied and includes a lake, stream, spring, well, pump, reservoir,cistern, tank, duct, whether covered or open, sluice, main pipe, culvert, engine,water truck, hydrant, standpipe, conduct and machinery, land, building or thing for supplying or used for supplying water or for protecting services of water supply;(84)"year" means the financial year;(85)words and expressions used but not defined herein shall have the same meaning as respectively assigned to them in the Orissa Municipal Act, 1950.
