- In this Act, unless the context otherwise requires,-(1)[***] [Omitted by Act 28 of 2001 w.e.f. 19-11-2001.](1A)[ "Backward Classes" means such class and classes of citizens as may be classified as category "A" and "B" and notified by the Government from time to time for the purposes of reservation of seats and offices of President and Vice-President in a Municipal Council or Town Panchayat;] [Substituted by Act 24 of 1995 w.e.f. 26-9-1995.](2)"betterment fee" means the fee payable under section 160 in respect of an increase in the value of land resulting from the execution of an improvement scheme;(3)"building" includes a house, out-house, stable, latrine, urinal, shed, hut, wall, verandah, fixed platform, plinth, doorstep, staircase or any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever; but does not include a portable shelter;(4)"City Municipal Council" means a city municipal council established under this Act;(5)[ "Commissioner" means the Regional Commissioner or other Officer appointed to perform the duties of the Commissioner under this Act.] [Inserted by Act 17 of 2007 w.e.f. 5-1-2007.](6)"Councillor" means any person who is legally a member of a municipal council [or Town Panchayat] [Inserted by Act 24 of 1995 w.e.f. 26-9-1995.](7)"dangerous disease" means,-(a)cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebro-spinal meningitis and diphtheria, and(b)any other endemic, epidemic or infectious disease which the Government may by notification declare to be a dangerous disease for the purposes of this Act;(8)"date of commencement of this Act" means the date appointed under sub-section (3) of section 1;(8A)[ "Director of Municipal Administration" means the director of municipal administration appointed under sub-section (1-A) of section 388] [Inserted by Act 31 of 2003 w.e.f. 20-8-2003.](9)"Election Tribunal" means in respect of any area any judicial officer appointed by notification by the Government to be Election Tribunal in respect of such area and where no such judicial officer is appointed, the [Civil Judge] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.] having jurisdiction over the area within which the election has been or should have been held.[Explanation. ***] [Omitted by SO 1911 dated 24.10.1973.](10)"Government" means the State Government;(11)"hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the municipal council may declare to be a hut for the purposes of this Act;(12)"land" includes land which is 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 law over any street;(13)"market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other person;(14)"municipal council" means the council of a town or city [municipal area] [Substituted by Act 36 of 1994 w.e.f. 1-6-1994.] established under this Act;(15)[ "municipal area" means any area specified as a smaller urban area and which is deemed to be a municipal area under section 3 and includes any local area which is deemed to be a municipal area under section 350;] [Substituted by Act 36 of 1994 w.e.f. 1-6-1994.](16)"notification" means a notification published in the official Gazette;(17)"nuisance" includes any act, omission, place, animal 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 which is or may be dangerous to life or injurious to health or property;(18)"occupier" includes,-(a)any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;(b)an owner in occupation of, or otherwise using his land or building;(c)a rent-free tenant of any land or building;(d)a licensee in occupation of any land or building; and(e)any person who is liable to pay to the owner damages for the use and occupation of any land or building;(19)[ ***] [Omitted by Act 21 of 1979 w.e.f. 31-3-1979.](20)"owner" includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who would to receive the rent or be entitled to receive it, if the land or building or part thereof were let to a tenant and also includes the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (Central Act ***I of 1950);(20A)[ "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;] [Inserted by Act 36 of 1994 w.e.f. 1-6-1994.](21)"prescribed" means prescribed by rules made by the Government under this Act;(22)"private street" means any street, road, square, court, alley, passage or riding path, which is not a 'public street', but does not include a pathway made by the owner of a premises on his own land to secure access to or the convenient use of such premises;(23)"public securities" means,-(a)securities of the Government of India,(b)securities of the [Government of Karnataka] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.], or of any other State Government,(c)debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by a law in force in the State, or(d)a security expressly authorised by any order which the Government makes in this behalf;(24)"public street" means any street, road, square, court, alley, passage or riding path over which the public have a right of way, whether a thoroughfare or not and includes, -(a)the roadway over any public bridge or causeway,(b)the footway attached to any such street, public bridge or causeway,(c)the drains abutting to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah, or other structure, which lines on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to the Government or the municipal council, and(d)any street which, under any provision of this Act, becomes or is declared to be a public street;(25)"Scheduled Castes" means the Scheduled Castes and Scheduled Tribes specified in respect of the [State of Karnataka] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.] or in respect of any area thereof in the Constitution (Scheduled Castes) Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950, for the time being in force;(25A)[ "State Election Commission" means the State Election Commission constituted under section 308 of the Karnataka Panchayat Raj Act, 1993;] [Inserted by Act 36 of 1994 w.e.f. 1-6-1994.](26)"street" means any road, footway, square, court, alley or passage, accessible whether permanently or temporarily to the public, whether a thoroughfare or not; and shall include 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 person as a means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not; but shall 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;(27)"tax" shall include any toll, rate, cess, fee or other impost leviable under this Act;(27A)[ "Taxable capital value" means the [value of any buildings including any land occupied by it or vacant land or both] [Inserted by Act 28 of 2001 w.e.f. 19-11-2001.] fixed in accordance with the provisions of this Act and rules for the porous assessment of [tax on buildings or vacant land or both.] [Substituted by Act 31 of 2003 w.e.f. 19-11-2001.]](28)"Town Municipal Council" means a town municipal council established under this Act;(28A)[ "Town Panchayat" means a Town Panchayat established under this Act;] [Inserted by Act 24 of 1995 w.e.f. 26.9.1995.](28B)[ "Vacant land" means land not builtupon; [but does not include appurtenant land to a building] [Inserted by Act 31 of 2003 w.e.f. 19-11-2001.]](29)"vehicle" includes carriage, cart, van, truck, hand-cart, bicycle, tricycle, cycle rickshaw, and every wheeled conveyance which is used or is capable of being used on a public street.Chapter-II Constitution of [Municipal Areas] [Substituted by Act 36 of 1994 w.e.f. 1-6-1994.]
