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State of Andhra Pradesh - Section

Section 2 in Andhra Pradesh Municipalities Act, 1965

2. Definitions.

- In this Act, unless the context otherwise requires, -
(1)"Andhra Area" means the area in the State of Andhra Pradesh other than Telangana area;
(2)"appointment" , "appoint" , includes temporary appointment and officiating appointment or to appoint temporarily or in an officiating capacity;(2-a) "Backward Classes" means any socially and educationally backward classes of citizens recognised by the Government for purposes of Clause (4) of Article 15 of the Constitution of India.
(3)"building" means any structure constructed of any materials for any purpose, and includes a house, out-house, shop, stable, latrine, shed, hut, wall (other than a boundary wall not exceeding two metres in height), or any part of such building;
(4)"building line" means a line which is in rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend;
(5)"carriage" means any wheeled vehicle with springs or other appliances acting as springs and includes any kind of bicycle, tricycle, rickshaw and palanquin but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939).
(6)"cart" includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the Motor Vehicles Act, 1939; (Central Act 4 of 1939).
(7)"casual vacancy" means a vacancy occurring otherwise than by efflux of time and casual election' means an election held to fill a casual vacancy:(7-a) "ceiling limit" means the ceiling limit as specified in Section 4 of the Urban Land (Ceiling and Regulation) Act, 1976.
(8)'Chairperson' means the Chairperson of the Council;(8-a) "Commissioner" means the person appointed as Commissioner under Sub-section (1) of Section 29
(9)"Company" means a company as defined in the Companies Act, 1956; (Central Act 1 of 1956), and includes any foreign company within the meaning of Section 591 of that Act:
(10)"conservancy worker" means a person employed in collecting or removing filth, in cleaning drains or slaughter houses or in driving cars used for the removal of filth;
(11)"Council" means a municipal council constituted under this Act;
(12)"election authority" means such officer or authority as may be appointed by the State Election Commission to exercise such powers and to perform such functions in connection with the conduct of elections to the Municipalities;
(13)............
(14)"factory" means any premises including the precincts thereof,--
(i)Where in any industrial or manufacturing process is carried on with the aid of steam, water, oil, gas, electrical or any other form of power which is mechanically transmitted and is not generated by human or animal agency; or
(ii)Whereon twenty or more workers are working or were working and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on; but does not include a mine subject to the operation of the Mines Act, 1952 (Central Act 35 of 1952) or a railway running shed;
(15)"filth" means--
(a)night soil and other contents of latrines, cess-pools and drains;
(b)dung and the refuses or useless or offensive material thrown out in consequence of any process of manufacture, industry or trade; and
(c)putrid and putrefying substances;
(15-a) "Finance Commission" means the Finance Commission constituted by the Governor under Article 243-I of the Constitution of India;
(16)"government" means the State Government.
(17)"house" means a building or hut fit for human occupation, whether as a residence or otherwise, having a separate principal entrance from the common way, and includes any shop, workshop or warehouse or any building used for garaging or parking buses or as a bus-stand;
(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, which the council may declare to be a hut for the purposes of this Act;
(19)"latrine" includes privy, water-closet and urinal;
(20)"local area" includes any town, village, hamlet, bazar, station or other area or any group of the same in the immediate neighbourhood of one another but does not include a cantonment governed by the Cantonments Act, 1924; (Central Act 2 of 1924).
(21)"municipal officer" means the principal office of any council;
(22)"municipality" means a municipality of such grade as may be declared by the Government, from time to time, by notification in the Andhra Pradesh Gazette on the basis of its income and such other criteria as may be prescribed;(22-a) "Nagar Panchayat" means a body deemed to have been constituted under Section 2-A, for a transitional area specified by the Governor under clause (42-a);
(23)"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 disturbance to rest or sleep or which is or may be dangerous to life or injurious to health or property of the public or the people in general who dwell or occupy in the vicinity or persons who may have occasion to use any public right;
(24)"occupier" includes--
(a)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 building or part of the same in respect of which the word is used;
(b)a rent-free occupant;
(25)"ordinary vacancy" means a vacancy occurring by efflux of time and "ordinary election" means an election held to fill an ordinary vacancy;
(26)"owner" includes--
(a)the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate for any religious or charitable purposes, the rent or profits of the property in connection with which the word is used;
(b)the person for the time being in charge of the animal or vehicle in connection with which the word is used;
(27)"palanquin" includes tonjons, manchils and chairs carried by men by means of posts, but not slings or cots used for the conveyance of children or aged or sick people;(27-a) "population" or population at the last census' with all its grammatical variations and cognate expressions, means the population as ascertained at the last census of which all the relevant and necessary figures have been published;
(28)"prescribed" means prescribed by the Government by rules made under this Act;
(29)"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 premises on his own land to secure access to, or the convenient use of, such premises;
(30)"public place" includes any path, garden or ground or any other place to which public have or are permitted to have access;
(31)"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 street public bridge or causeway; and
(c)the drains attached to any such street, 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 upto the boundaries of the adjacent property whether that property is private property or property belonging to the Government;
(32)"public water-course, springs, wells and tanks" include those used by the public to such an extent as to give a prescriptive right to such use,(32-a) "qualifying date" in relation to the preparation and publication of every electoral roll under this Act means the first day of January of the year in which it is so prepared and published;[(32-b) "Recognised Political Party" and "Registered Political Party" shall have the meanings respectively assigned to them in the Election Symbols (Reservation and Allotment) Order, 1968, issued by the Election Commission of India under Article 324 of the Constitution of India and in the registration of Political Parties and Allotment of Symbols Order, 2001, issued by the State Election Commission under Article 243-K read with Article 243-ZA of the Constitution of India.] [Inserted by Act No. 28 of 2005, dated 25.10.2005.]
(33)"reconstruction" of a building includes--
(a)the re-erection, wholly or partially, of a building after more than one-half of its cubical contents have been taken down or burnt down or has fallen down whether at one time or not;
(b)the re-erection, wholly or partially, of any building of which an outer wall has been taken down or burnt down or has fallen down to or within ten feet of the ground, adjoining the lowest storey of the building, and of any frame building which has so far been taken down or burnt down or has fallen down, so as to leave only the frame work of the lowest storey;
(c)the conversion into a dwelling house or a place of public worship of any building not originally constructed for human habitation or for public worship as the case may be, or the conversion into more than one dwelling house of a building originally constructed as one dwelling house only or the conversion of a dwelling house into a factory, shop, office or warehouse;
(d)the re-conversion into a dwelling house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than, a dwelling house or a place of public worship or a factory, as the case may be.
(34)"Regional Director" means the Regional Director of Municipal Administration having jurisdiction over the Municipality concerned;
(35)"residence'-- "reside'-- a person is deemed to have his residence" or to reside" in any house, if he sometimes uses any portion thereof as a sleeping apartment; and a person is not deemed to cease to reside in any such house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if he is at liberty to return to such house at any time and has not abandoned his intention of returning;
(36)"rubbish" means dust, ashes, broken bricks, mortar, broken glass, and refuse of any kind which is not filth';
(37)"salary" means pay and acting pay or payment by way of commission and includes exchange, compensation allowances but not allowances for house-rent, conveyance or travelling expenses;
(38)"scheduled castes" means such castes, races or tribes or parts of or, groups within, such castes, races or tribes as are notified to be Scheduled Castes under Article 341 of the Constitution of India in relation to the State of Andhra Pradesh;
(39)"scheduled tribes" means such tribes, or tribal communities or parts of, or groups within, such tribes or tribal communities as are notified to be Scheduled Tribes under Article 342 of the Constitution of India in relation to the State of Andhra Pradesh;
(40)"State Election Commission" means the State Election Commission constituted in pursuance of Article 243- K of the Constitution of India;
(41)"street alignment" means a line dividing the lands comprised in and forming part of a street from the adjoining land;
(42)"Telangana area" means the territories specified in Sub-section (1) of Section 3 of the States Reorganisation Act, 1956; (Central Act 37 of 1956);(42-a) "transitional area" or a smaller urban area' means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Act, subject to such rules as may be made in this behalf;(42-b)'Wards Committee' means a Wards Committee constituted under Section 5-B;
(43)"watercourse" includes any river, stream or channel whether natural or artificial,
(44)"year" means the financial year.