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[Cites 0, Cited by 2] [Entire Act]

State of Meghalaya - Section

Section 3 in Meghalaya Municipal Act, 1973

3. Definition.

- In this Act, unless there is anything repugnant in the subject or context -
(1)"Board" means a Municipal Board.(I-A) "Boat" means steamer or vessel propelled by steam, motor, electrical or other mechanical power including flats and tugs country boat, rowboat, skiff or other like craft.
(2)"Building" means a house, hut, shed or other roofed structure, for whatsoever purpose and of whatever material constructed and every part thereof, but shall not include a tent, or other merely temporary shelter including any kind of temporary shed erected on ceremonial or festive occasions
(3)"Carriage" means any wheeled vehicle with springs or other appliances acting as springs of a kind ordinarily used for conveyance of human beings and includes jin-rlckshaws, cycle rickshaws bicycles tricycles but does not include perambulators and In particular does not include any motor 'vehicle as defined in the Assam Motor Vehicles Taxation, Act, 1936 (Act I of 1936);
(4)"Cart" means any cart hackney or wheeled vehicle with or without springs, which is not carriage as defined in sub-section (3);
(5)"The Commissioners" mean the persons for the time being appointed or elected to conduct the affairs of any municipality under the Act;
(6)"Compost mature" means the product prepared from offensive matter rubbish and sewage by subjecting them to the process of compost making in the making in the manner prescribed by rules;
(7)"Conservancy" means the removal and disposal of sewage offensive matter and rubbish
(8)"Cubical extent" when used with reference to the measurement of a building, means the space contain within the external surfaces of its walls and roof and the upper surface of the floor of its lowest or only story;
(8a)"Cattle" shall mean and include oxen, bull, cows, goats, sheep, horses, buffaloes, asses, mules and donkeys excluding those coveted by Section 68 (1) (g).
(9)A supply of water for domestic purposes shall not deemed to include a supply:
(a)for animals or for washing carriages where such animals or carriage are kept for sale or hire.
(b)for any trade, manufacture or business other than those concerned with the manufacture or supply of articles of food and drink for human beings,
(c)for fountains,
(d)for watering gardens, roads or paths,
(e)for any ornamental or mechanical purpose,
(f)for building purposes;
(10)"Drain" include, sewer, a houses-drain a drain of any other' description, a tunnel, culvert, a ditch, a channel and any other device for carrying of sullage sewage, offensive matter polluted water, rain water or sub-soil water;
(11)"Financial year" means the year commencing on the first day of April or on such other date as the State Government may, by confiscation appoint;
(12)"Food" notwithstanding anything contained in the Prevention of Food Adulteration Act, 1954 (or 37 of 1954), includes every article used, used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and also includes confectionery, flavouring and colouring matter and spices and condiments;
(13)"Half-year' a half-year commencing on the first day of April or the first day of October, or on such other dates as the State Government may by notification appoint;
(14)"Holding'' means land held under one title or agreement and surrounded by one set of boundaries;Provided that where two or more adjoining holdings from part and period of the site or premises of a dwelling-house, manufactory ware-house, or place of trade or business, such holding shall be deemed to be one holding for the purposes of this Act;Explanation. - Holdings separated by a road or other means of communication such be deemed to adjoining within the meaning of this provide;Provided also that where land has been let out to occupants in separate parcels paying rents separately, each such parcel shall be treated a distinct holding in spite of such parcels of land being held under one title;
(15)Any plot of land having clear' boundaries and lying entirely vacant, if fit for building purposes or if yielding any income, shall, when not appointment to any buildings and not used for any agricultural purposes be regarded as a holding".
(16)"House" means any hut, shop warehouse workshop, a masonry or framed building;
(17)"House-guilty" means a passage or strip of land constructed set apart or utilized, or the purposes of serving as a drain or affording access to a latrine, urinal, cess-pool or other receptacle for filthy or ported matter by municipal servants or by persons employed the cleansing thereof or in the removal of such matter there from and includes the air-space above such passage or land,
(18)"Hut" means any building, which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary, structure of whatever size, or any small building of whatever material made.
(19)"Infections or contagious disease" means cholera plague small pox, kala azar, tuberculosis, diphtheria and typhoid or enteric fever or such other dangerous disease as the State Government may notify in this behalf,
(20)"Inhabitants" used with reference to a local area means any persons ordinarily reading or carrying on business or owning or occupying immovable property therein,
(21)"Joint family" means a family of which the members liver together, have a common mess and are descendants from a common ancestor and shall include Wives or husbands, as the case may be, of its members but shall exclude married daughters and their children.
(22)"Land" includes (besides land) benefit arising out of land houses and things attached to the earth or permanently fastened to anything attached to the earth an also land covered by water.
(23)"Local authority" includes Local Boards, Municipal Board, Town Committees and Panchayats,
(24)"Lodging house" means a house, in which visitors or other persons are lodged for hire for a night or more and where there is community of eating or sleeping accommodation,
(25)"Magistrate" includes the District Magistrate, the Sub-divisional Magistrate and any Magistrate to whom either such Magistrate has made over any duties under this Act,
(26)"Market'" means any place where persons assemble for the sale of articles intended for food or drink or of livestock or other merchandise;
(27)"Municipal Board" means the body of persons of persons for the time being elected of appointed to conduct tile affairs of any municipality under this Act;
(28)"Municipal Market" means a market belonging to or maintained by t he Board;
(29)"Municipality" means any local are declared by or under this Act to be Municipality ;
(30)"Nuisance" includes any act, emission, place or thing which causes or is likely to cause injury danger, 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;
(31)"Occupies" means the persons for the time being in actual occupation of, or paying, or liable to pay to the owner, the rent or any portion of the rent of the land or building n respect of which the word is used, and includes a person occupying a holding or part of holding rent free, and an owner living in his own house;
(32)"Offensive matter" means dirt, dung, kitchen and stable, refuse, putrid or putrefying substance, and filth of any kind not included in the term sewage"[(32-A) "Ordinary resident of a municipality" means any person occupying- [The Clause 32-A was inserted vide Meghalaya Municipal (Amendment) Act No. 6 of 2000, published in the Gazette of Meghalaya dated 4th of April, 2000, to have come into force at once.]
(i)a holding assessed for tax under Section 68 of the Act; or
(ii)a legal holding, if no assessment is made continuously for a period of twelve months previous to the first January of the year for which the electoral roll is being prepared, as owner leasee or tenant and every member of the family of such owner, lessee or tenant].
(33)"Owner" includes-
(a)the person for the time being receiving the rent of any land of building or any part of any land or building whether on his own account or as agent or trustee for any person or society for any religious or charitable purpose or as receiver, or who would so receive such rent if the land, building or part thereof were let to a tenant, and,
(b)the person for the time being in charge of the animal or vehicle, in connection with which the word is used;
(34)"Platform" as used in Section 165 means any structure, which is placed on or covers, or projects over any public road or any open drain sewer or aqueduct;[(34-A) "Population" means the population as ascertained at the lat preceding census of which the relevant figures have been published]. [The Clause 34-A was inserted vide Meghalaya Municipal (Amendment) Act No. 6 of 2000, published in the Gazette of Meghalaya dated 4th of April, 2000, to have come into force at once.]
(35)"Prescribed" means prescribed by rules under this Act;
(36)"Public road " means any street road square, court alley passage or pathway over which the public have a right of way, whether a thorough fare or not and includes-
(a)the road way over any public bridge or cause-way,
(b)the footway attached so any such road, public bridge or cause-way and
(c)the drains attached to any such road, public bridge or cause-way and the land whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property of the State;
(37)"Private road" means any street, road, square, court alley or passage which is not a public road and includes a pathway made by the owner or premises an his Own land to secure access to or the convenient use of such premises;
(38)"Rates as used in Section 14" means:
(a)The tax upon the annual value of holding,
(b)License fees,
(c)the water-tax on the annual value of holdings,
(d)the lighting-tax on the annual value of holdings,
(e)the drainage tax,
(f)the latrine-tax 'on the annual value of holdings, and
(g)the tax on private markets;
(39)"The expression re-erect" , with used whit reference to a building, include(
(a)the reconstruction of building, after more than one half of its cubical extent has been taken down or burnt down or has fallen down.
(b)the conversion of one or more huts or temporary structures into a masonry or framed building,
(c)the conversion into a place for human habitation or any building not originally constructed for such habitation; and
(d)the extent of a building
(40)"Rubbish" means broken brick, mortar, broken glass, or refuse of any kind whatsoever not included in the term "offensive matter,
(41)"Salaried servant of Government" means a whole time servant the Government who receives his salary direct from any Government and includes a manager of an estates under the Court of Wards and an officer whose services have been lent by any Government to a local authority but does dot include a retired servant of Government in receipt of a pension;
(42)"Sewage" means night soil and other content of latrines urinals cess-pools and drains, and includes polluted water from sinks bath-rooms, stables, cattle-sheds and other like places and also discharges from manufactories of all kinds;[(42-A) "State Government" means the Government of the State of Meghalaya]. [The Clause 42-A was inserted vide Meghalaya Municipal (Amendment) Act No. 6 of 2000, published in the Gazette of Meghalaya dated 4th of April, 2000, to have come into force at once.]
(43)"Water works" includes all tanks, streams, cisterns springs pumps, wells, reservoirs aqueducts sluices mains pipes hydrants stand-pipes, conduits, and all engines, machinery, land buildings and things for supplying water.