- In this Act, unless the context otherwise requires, -(i)"Auditor" means the auditor defined in the Rajasthan Local Funds Audit Act, 1954 (Act No. 28 of 1954);(ii)"Backward Classes" mean such backward classes of citizens, other than the Scheduled Castes and the Scheduled Tribes, as may be notified by the State Government from time to time;(iii)"balance sheet" means the balance sheet prepared under Section 92;(iv)"bio-medical waste" means any waste that is generated during the diagnosis, treatment or immunization of human beings or animals, or in research activities pertaining thereto, or in the production or testing of biological materials and includes:(a)human anatomical waste;(b)animal waste;(c)microbiological and biotechnological wastes;(d)waste sharps;(e)discarded medicines and cytotoxic drugs;(f)solid waste;(g)liquid waste;(h)incineration ash; and(i)chemical waste.(v)"bridge" includes a culvert;(vi)"budget estimate" means the budget estimate prepared under Section 87;(vii)"budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Municipality, and includes any sum by which such budget grant is increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the rules and the bye-laws made thereunder;(viii)"builder" or "developer" means an agency or individual who has constructed a complex on his own land or on others land under an agreement;(ix)"building" means a structure constructed for whatever purpose and of whatever materials, and includes the foundation, plinth, walls, floors, roofs, chimneys, fixed platforms, verandas, balconies, cornices or projections or part of a building or anything affixed thereto or any wall (other than a boundary wall of less than three meters in height) enclosing, or intended to enclose, any land, sign or outdoor display structure but does not include a tent, shamiana or tarpaulin shelter;(x)"building site" means a portion of the land held for building purpose;(xi)"bye-laws" mean the bye-laws made under this Act;(xii)"Chairperson" means,(a)Chairman, in case of a Municipal Board;(b)President, in case of a Municipal Council; and(c)Mayor, in case of a Municipal Corporation;(xiii)"Chief Municipal Officer" means,-(a)[ the Commissioner, in case of a Municipal Corporation;] [Substituted '(a) the Chief Executive Officer and Commissioner, in case of a Municipal Corporation' by Act No. 13 of 2015, dated 22.4.2015.](b)the Commissioner, in case of a Municipal Council; and(c)the Executive Officer, in case of a Municipal Board;(xiv)"clear days" used with reference to the period of notice under any provision of this Act, includes Sundays and other holidays, but does not include the date of receipt of such notice by the person to whom it is addressed or the date specified in the notice;(xv)"complex" means a building comprising twenty five or more units, in case of commercial use; and ten or more units, in case of residential use;(xvi)"corporator" means a member of a Municipal Corporation;(xvii)"councillor" means a member of a Municipal Council;(xviii)"dairy" includes any farm, cattle shed, cow-house, milk-store, milk-shop or other place(a)from which milk is supplied on, or for sale, or(b)in which milk is kept for the purposes of sale or which is used for manufacture or preparation for sale of :-(i)butter, or(ii)ghee, or(iii)cheese, or(iv)curds, or(v)dried, sterilized, condensed or toned milk; but does not include:-(i)a shop or other place in which milk is sold for consumption within its premises only, or(ii)a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place;(xix)"dangerous disease" means(a)cholera, plague, small-pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis, or syphilis; or(b)any other epidemic, endemic, or infectious disease which the State Government may, by notification, declare to be a dangerous disease for the purposes of this Act;(xx)"deficit in parking space" means the deficits in the provision for parking spaces required under bye-laws made in this behalf for different types of vehicles in any non-residential buildings, including complexes and institutional buildings, whether constructed unauthorized or by change of land use;(xxi)"Director of Local Bodies" mean an officer appointed as such by the State Government, or any other officer of the State Government, designated as Commissioner or any other designation, authorized by it to perform the functions of the Director of Local Bodies under this Act;(xxii)"disposal" means final disposal of municipal solid wastes in terms of the specified measures to prevent contamination of ground water, surface water and ambient air quality;(xxiii)"District Magistrate" means the person appointed under Section 20 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) to be the District Magistrate;(xxiv)"drain" includes a sewer, pipe, ditch, channel or any other device for carrying spillage, sewage and polluted water, rainwater or sub-soil water together with pail depots, traps, sinks, cisterns, flush tanks, and other fittings appertaining thereto;(xxv)"Executive Committee" means the Executive Committee referred to in Section 55;(xxvi)"Finance commission" means the Finance Commission constituted under Article 243-I of the Constitution of India;(xxvii)"financial statement" means the financial statement prepared under Section 92;(xxviii)"fire brigade" means the fire fighting force established and maintained by the Municipality under Section 256;(xxix)"fire fighting property" includes(a)lands and buildings used as fire stations,(b)fire engines, equipments, tools, hydrator, implements and things whatsoever used for fire fighting,(c)motor vehicles and other means of transport used in connection with fire fighting,(d)uniforms and badges of rank;(xxx)"fire station" means any post or place declared generally or specially, by the State Government to be fire station;(xxxi)"hazardous wastes" mean the categories of wastes specified as such in the Environment (Protection) Act, 1986 (Central Act No. 29 of 1986);(xxxii)"inhabitant" used with reference to a local area, means any person ordinarily residing or carrying on business or owning or occupying immovable property therein;(xxxiii)"land" includes land, which is built upon or covered with water;(xxxiv)"latest census figures" mean the figures as ascertained at the last preceding census of which the relevant figures have been published;(xxxv)"lodging house" includes a collection of buildings, or a building, or part of a building used for the accommodation of pilgrims and travelers;(xxxvi)"member" means any person who is lawfully a member of a Municipality and includes, in case of a Municipal Corporation, a corporator, in case of a Municipal Council, a councillor and in case of a Municipal Board, a member;(xxxvii)"milk" includes cream, skimmed milk, separated milk and condensed, sterilized, desiccated or toned milk;(xxxviii)"municipal accounting manual" means the municipal accounting manual prepared and maintained under Section 91 ;(xxxix)"municipal area" means the territorial area of a Municipality as notified by the State Government from time to time;(xl)"municipal fund" means the municipal fund referred to in Section 79;(xli)"municipal solid waste", includes commercial and residential waste generated in a municipal area in either solid or semi-solid form, excluding industrial hazardous waste, but including treated biomedical waste;(xlii)"Municipality" means a Municipal Corporation, Municipal Council, and a Municipal Board in existence at the time of commencement, or constituted in accordance with the provisions of this Act;(xliii)"No Objection Certificate" means the document issued by the authority entitled to do so by this Act or rules made thereunder and shall include a provisional No Objection Certificate;(xliv)"nuisance" includes 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 which is, or may be, dangerous to life or injurious to health or property;(xlv)"occupier" includes any person for the time being paying, or liable to pay, to the owner the rent or any portion of the rent of the land or the building in respect of which the word is used or for damages on account of the occupation of such land or building, and also includes a rent free tenant:Provided that an owner living in, or otherwise using his own land or building shall be deemed to be the occupier thereof;(xlvi)"offensive matter" means kitchen refuse, stable refuse, dung, dirt, putrid or putrefying substance, or filth of any kind, which is not included in sewage;(xlvii)"officer of the Municipality" means a person holding for the time being an office created or continued by or under this Act but shall not include a member of the Municipality or of a committee as such;(xlviii)"other agency" means a company, firm, society, or body corporate in the private sector, or any institution, or government agency, or any joint sector agency, or any agency under any other law for the time being in force;(xlix)"owner" includes the person for the time being receiving the rent of any land or building or of any part of any land or building, whether on his own account or as an agent or trustee for any person or society or for any religious or charitable purpose or as a receiver who would receive such rent if the land or the building or of any part of the land or the building were let to a tenant;(l)"population", used with reference to any local area, means the population as ascertained at the last preceding census of which the relevant figures have been published;(li)"prescribed" means prescribed by this Act or by rules, orders or bye-laws made thereunder;(lii)"public place" means a space, not being private property, which is open to the use or enjoyment of the public, whether such space is vested in the Municipality or not;(liii)"public securities" mean(a)securities of the Government of Rajasthan or of the Central or any State Government in India; and(b)a security expressly authorized by any order which the State Government makes in this behalf;(liv)"public street" means any street(a)over which the public have a right of way, or(b)which has heretofore been levelled, paved, metal led, channelled, sewered or repaired out of municipal fund, State Government fund, Central Government fund or other public funds, or(c)which, under any provision of this Act, becomes a public street;(lv)"rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not offensive matter;(lvi)"rule" means a rule made in exercise of a power conferred by this Act;(lvii)"Scheduled Caste" means any of the castes specified in the Constitution (Scheduled Castes) Order, 1950;(lviii)"Scheduled Tribe" means any of the tribes specified in the Constitution (Scheduled Tribes) Order, 1950;(lix)"sewage" means night-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds;(lx)"State" means the State of Rajasthan as formed by Section 10 of the State Reorganisation Act,1956 (Central Act No. 37 of 1956);(lxi)"State Finance Commission" means the Rajasthan State Finance Commission, as constituted by the Governor of Rajasthan in exercise of the powers conferred on him by Article 243-I, read with Article 243Y, of the Constitution of India;(lxii)"street" means any road, bridge, foot-way, lane, square, Court, alley or passage accessible, whether permanently or temporarily to the public, whether a thoroughfare or not, and includes on either side -(a)the drain or gutters and the land up to the defined boundary, notwithstanding the projection over such land of any verandah or other super-structure;(b)every space, notwithstanding that it may be private property or partly or wholly obstructed by any gate, post, chain or other barrier, if it is used by any person, whether or not occupying any abutting property, as a means of access to or from any public place or thoroughfare;(lxiii)"sub-division" means division of a parcel or piece of land into two or more parts;(lxiv)"tax" includes any toll, rate, cess, fee or other impost leviable under this Act;(lxv)"a transitional area", "a smaller urban area" or "a larger urban area" means an area specified under Article 243Q of the Constitution of India;(lxvi)"urban land" means any land vested in, or placed at the disposal of, any local authority under any law for the time being in force for the purpose of urban development;(lxvii)"vehicle" includes a bicycle, a tricycle, an auto-motor car and every wheeled conveyance, which is used or is capable of being used on a public street;(lxviii)"Vice-Chairperson" means(a)Vice-Chairman, in case of a Municipal Board,(b)Vice-President, in case of a Municipal Council, and(c)Deputy Mayor, in case of a Municipal Corporation;(lxix)"village" means a village specified under clause (g) of Article 243 of the Constitution of India;(lxx)"ward" means a ward formed under Section 9;(lxxi)"Ward Committee" means the Ward Committee referred to in Section 54;(lxxii)"waste management" includes collection, segregation, storage, transportation, processing and disposal of municipal solid waste; and(lxxiii)"whole number" or "total number" when used with reference to the members of a Municipality, means the total number of members, excluding the members nominated under sub-clause (ii) of clause (a) of sub-Section (1) of Section 6, holding office at the time.
