- In this Act, unless the context otherwise requires,-(1)[***] [Deleted by The Gujarat Municipalities (Amendment) Act, 2007, section 2(a) (Act No. 13 of 2007) (w.e.f. 01-04-2008).](1A)[ "Assembly" means the Gujarat Legislative Assembly;] [Clause (1A) was inserted by Gujarat 17 of 1993, section 2 (1) w.e.f. 20-08-1993.](2)"building" includes any hut, shed or other enclosure, whether used as a human dwelling or for any other purpose, and shall also include walls including compound walls and fencing, verandahs, fixed platforms, plinths, doorsteps and the like;(2A)[ "carpet area" means the floor area of a building excluding the area over which a wall whether outer or inner is erected;] [Inserted by The Gujarat Municipalities (Amendment) Act, 2007, section 2 (b) (Act No. 13 of 2007) (w.e.f. 01-04-2008).](3)"cattle" means and includes bulls, bullocks, heifers, cows and their young, elephants, camels, buffaloes, horses, mares, geldings, ponies, colts fillies, mules, asses, swine, sheep, ewes, rams, lambs, goats and kids;(3A)[ "Central law" means the Representation of the People Act, 1950 (43 of 1950);] [Clause (3A) was inserted by Gujarat 17 of 1993, section 2 (2) w.e.f. 20-08-1993.](4)"Councillor" means a member of the municipality in a municipal borough;(5)"dangerous disease" means cholera, plague, small-pox and any endemic, epidemic or infectious disease by which the life of man is endangered;(6)[ "Director" means the officer appointed for the time being by the State Government to be [Director of Municipalities, Gujarat State;] [Clause (6) was substituted for the original by Gujarat 6 of 1965, section 2.](7)"the earlier municipal law" means-(a)the Bombay District Municipal Act, 1901,(b)the Bombay District Municipal Act, 1901 (Bombay Ill of 1901), as adapted and applied to the Saurashtra area of the State,(c)the Bombay Municipal Boroughs Act, 1925,(d)the Bombay Municipal Boroughs Act, 1925 as adapted and applied to the Saurashtra area of the State, and(e)the Bombay Municipal Boroughs Act, 1925 as extended to the Kutch area of the State,(7A)[ "election" means and includes the entire election process commencing from the division of wards and all stages culminating into election of a councillor and it is always deemed to have meant and included the entire election process as aforesaid. [Clause (7A) and (7B) were inserted by Gujarat 17 of 1993, section 2 (3) w.e.f. 20-08-1993.](7B)"Finance Commission" means the Finance Commission constituted under Article 243-1 of the Constitution of India;](8)"Gujarati" means the Gujarati language;(9)"house-gully" means a passage or a strip of land constructed, set apart or utilized for the purpose of serving as a drain or affording access to a privy, urinal, cess-pool or other receptacle for filthy or polluted matter, to municipal servants or to persons employed in the cleansing thereof or in the removal of such matter therefrom;(10)"Judge" means District Judge, Joint Judge, Assistant Judge, Judge of a Court of Small Causes, Civil Judge, or Joint Civil Judges;(11)"Land" includes land which is being built upon or covered with water, benefits to arise 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;(12)"Land Revenue Code" means-(a)in the Bombay and Saurashtra areas of the State of Gujarat, the Bombay Land Revenue Code, 1879 (Bombay V of 1879), and,(b)in the Kutch area of the State of Gujarat, the said Code as applied to that area;(12A)[ "list of voters" means a list of voters published under sub-section (2) of section 9 for a ward within the meaning of that expression in sub-section (1) of section 7;] [Clause (12A) which was inserted by Gujarat 15 of 1978, section 2 (3).](13)[ "Municipal Borough" means a transitional area, or as the case may be, a smaller urban area, as specified in clause (2) of Article 243Q of the Constitution of India and includes other local areas already declared to be a municipal borough prior to the commencement of the Gujarat Municipalities (Amendment) Act, 1993;] [Clause (13) was substituted for the original by Gujarat 17 of 1993, section 2 (4) w.e.f. 20-08-1993.](14)[ "Municipality" means Nagar Panchayat constituted under section 5(1) or as the case may be, "Municipal Council" constituted under section 5(2);] [Clause (14) was substituted for the original by Gujarat 17 of 1993, section 2 (5) w.e.f. 20-08-1993.](15)"nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger or annoyance or offence to the sense of sight, smelling or hearing, or which is or may be dangerous to life or injurious to health or property;(16)[ * * * * * ] [Clause (16) was deleted by Gujarat 14 of 2001, section 2 w.e.f. 01-05-2001.](17)"official year" means the year commencing on the first day of April;(18)"owner" includes the person for the time being receiving the rent of any land of building, whether on his own account or as agent or trustee for any other person or for any society or for any religious or charitable purposes, or who would so receive the rent if such land or building were to let to a tenant;(19)"panchayat" means a panchayat of any class constituted under the Now [Gujarat Panchayats Act, 1961 (Gujarat VI of 1962)2] [refer Gujarat Panchayat Act, 1993 (Act No. 18 of 1993).];(20)[ "Population" in relation to the municipal borough means the population as ascertained in the last preceding census of which the relevant figures have been published; [Clause (20) and (20A) were substituted for clause (20) by Gujarat 17 of 1993, section 2 (6) w.e.f. 20-08-1993.](20A)"prescribed" means prescribed by rules made under section 277;](21)"public securities" means-(a)securities of the Central Government and of the State Government,(b)stocks, debentures or shares in railway or other companies the interest whereon has been guaranteed by the Secretary of State for India in Council or the Central or the State Government,(c)debentures or other securities for money issued by or on behalf of any local authority in exercise of powers conferred by a Central Act or an Act of the Legislature of a State, or(d)a security expressly authorised by any order which the State Government makes in this behalf;(22)"public street" means any street-(a)over which the public have a right of way; or(b)heretofore levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public funds; or(c)which under the provisions of section 147 or 148 is declared by the municipality to be, or under any other provisions of this Act becomes, a public street;(23)"private street" means a street which is not a public street";(24)"salaried servant of the Government" does not include a retired servant of the Government in receipt of a pension or a person in receipt of a salary from the Government who is not a full time servant of the Government;(24A)[ "State Election Commission" means the State Election Commission referred to in Article 243K of the Constitution of India;] [Clause (24A) was inserted by Gujarat 17 of 1993, section 2 (7) w.e.f. 20-08-1993.](25)"street" means any road, footway, square, court alley or passage, accessible whether permanently or temporarily to the public, whether a thoroughfare or not; and includes every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings abut thereon and if it is used by any persons as a means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not; but does not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid;(26)"tax" means any tax, rate, cess, fee or other impost leviable under this Act, and includes a water rate;(27)"vehicle" includes bicycles, tricycles, motor cars, and every wheeled conveyance which is used or capable of being used on a public street;(28)"water closet" means a closet which has a separate fixed receptacle connected to a water drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action.
