- In this Act, unless the context otherwise requires-(1)"Ad hoc Committee" means an Ad hoc Committee appointed under Section 33;(2)"Administrator" means any officer appointed by the State Government to exercise the powers and perform the duties conferred or imposed on the Municipalities, the Empowered Standing Committee and the Chief Executive Officer, by or under this Act;(3)"Annual Rental Value" of a holding means the gross annual rental at which a holding may reasonably be expected to be let out.(3A)"Auditor" means an Auditor appointed under Section 90, and includes any officer authorized by him to perform all or any of the functions of an Auditor under this Act;(4)"assessment list" means any municipal assessment register referred to under this Act, and includes any register subsidiary thereto;(5)"authorise" means authorised by the Corporation either generally or specially;(6)"balance sheet" means the balance sheet prepared under Section 89;(7)"bio-medical waste" means any waste generated during diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biologicals;(8)"bridge" includes culvert;(9)"budget estimate" means the budget estimate prepared under Section 82; '(10)"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 Regulations made thereunder;(11)"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 metres in height) enclosing, or intended to enclose, any land, sign or outdoor display-structure but does not include a tent, shamiana or tarpaulin shelter;(11a)[ Total built-up area means the carpet area that is actual usable area within the walls plus the thickness of walls and the balcony on each floor in a premise;] [Added by Bihar Act No. 2 of 2014, dated 8.1.2014.](12)"building line" means a line beyond which the outer face or any part of an external wall of building should not project in the direction of any street, existing or proposed and sanctioned;(13)"cadres of common municipal services" means the cadres of common municipal services constituted under sub-section (1) of Section 43;(14)"carriage" means any wheeled vehicle, with springs or other appliances acting as springs, which is ordinarily used for the conveyance of human beings, and includes an in-rickshaw, cycle-rickshaw, bicycle or tricycle, but does not include a perambulator or other form of vehicle designed for the conveyance of children or elderly, infirm or handicapped persons;(15)"cart" means any cart, hackney or wheeled vehicle with or without springs, which is not a carriage, and includes a hand-cart, a cycle van and a push van, but does not include any wheeled vehicle which is propelled by mechanical power or its trailer;(16)'category' A' post means a category 'A' post classified as such under Section 37;(17)"category 'B' post" means a category 'B' post classified as such under Section 37;(18)'category 'C' post" means a category 'C' post classified as such under Section 37;(19)"category 'D' post" means a category 'D' post classified as such under Section 37;(20)"Chief Councillor" means-(i)in relation to a Municipal Corporation, the Mayor,(ii)in relation to a Municipal Council, the Municipal Chairperson, and(iii)in relation to a Nagar Panchayat, the Municipal President;(21)"Chief Municipal Officer" means,-(i)in relation to a Municipal Corporation, the Municipal Commissioner, and(ii)in relation to a Municipal Council or Nagar Panchyat, the Municipal Executive Officer;(22)"City" means a larger urban area declared to be a City under Section 3;(23)"Class 'A' medium urban area" means a smaller urban area classified as such under Section 7;(24)"Class 'B' medium urban area" means a smaller urban area classified as such under Section 7;(25)"Class 'C' medium urban area" means a smaller urban area classified as such under Section 7;(26)"conservancy" means the removal and disposal of sewage, offensive matter and rubbish;(27)"Councillor", in relation to a Municipality, means a person chosen by direct election from a ward of that Municipality;(28)"cubical extent," with reference to the measurement of a building, means the space contained with the external surface of its walls and roof and the upper surface of the floor of its lowest or only storey;(29)"dangerous disease" means-(a)cholera, plague, small-pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, polimyelitis, 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;(30)"Deputy Chief Councillor" means,-(a)in relation to a Municipal Corporation, the Deputy Mayor,(b)in relation to a Municipal Council, the Municipal Vice-Chairperson, and(c)in relation to a Nagar Panchayat, the Municipal Vice President;(31)[Director of Municipal Administration] [Substituted 'Director of Local Bodies' by Bihar Act No. 2 of 2014, dated 8.1.2014.] means an officer appointed as such by the State Government, and includes an Additional Director, a Joint Director, a Deputy Director, or any other officer of the State Government authorized by it to perform the functions of the [Director of Municipal Administration] [Substituted 'Director of Local Bodies' by Bihar Act No. 2 of 2014, dated 8.1.2014.] under this Act;(32)"domestic purposes", in relation to the supply of water, means the purposes other than those referred to in sub-section (3) of Section 171;(33)"drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel or any other device for carrying off sullage, sweage, offensive matter, polluted water, rain-water or subsoil water;(34)"drug" means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use, but does not include a drug within the meaning of clause (b) of Section 3 of the Drugs and Cosmetics Act, 1940 (23 of, 1940).(35)"dwelling-house" means a masonry building constructed, used, or adapted to be used, wholly or principally for human habitation;(36)"Empowered Standing Committee" means the Empowered Standing Committee referred to in Section 21;(37)"Establishment Schedule" means the Establishment Schedule prepared under Section 37;(38)"Financial statement" means the Financial statement prepared under Section 88.(39)"food" includes every article 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 matters, spices and condiments;(40)"footpath" means a pavement, for use by pedestrians, which abuts a category I or category II or category III or category IV road;(41)"habitable room" means a room constructed or adapted for human habitation;(42)"hazardous process" means the hazardous process defined in 63 clause (cb) of Section 2 of the Factories Act, 1948;(43)"hazardous wastes" means the categories of wastes specified under Section 29 as such in the Environment (Protection) Act, 1986;(44)"holding" means land held under one title or agreement and surrounded by one set of boundaries:Provided that, where two or more adjoining holdings held by the same owner form part and parcel of the site or premises of an apartment and a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this Act.Explanation. - Holdings separated by a road or other means of communication shall be deemed adjoining within the meaning of this proviso:Provided further that where any building is capable of being enjoyed separately in parts, or where portions of such building are owned separately by different persons, or where the building comprises self contained and independent units, each of such parts, portions or units shall, on application by the owners, be deemed, to be a separate holding;(45)"house-drain" means any drain of one or more premises used for the drainage of such premises;(46)"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, cesspool or other receptacle for filthy or polluted matter for municipal employees or for persons employed in the cleaning thereof or removal of such matter therefrom, and includes the air space above such passage or land;(47)"hut" means any building, no substantial part of which, excluding the walls up to a height of fifty centimeters above the floor or floor level, is constructed of masonry, reinforced concrete, steel, iron or other metal;(48)"industrial township" means such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by notification, specify to be an industrial township;(49)"infectious disease" or "communicable disease" means any disease which may be transmitted from one person to another and declared as such by the State Government by notification;(50)"Joint Committee" means a Joint Committee constituted under Section 34;(51)"larger urban area" means a municipal area classified as a larger urban area under Section 7;(52)"land or building" includes a slum;(53)"licensed surveyor" means a surveyor licensed by the Corporation under the provisions of this Act;(54)"market" includes any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock, or any other article of food of a perishable nature, or any other article for which there is a collection of shops or warehouses or stalls, declared and licensed by the Municipality as a market;(55)"masonry building" means any building, other than a hut, and includes any structure, a substantial part of which is made of masonry, reinforced concrete, steel, iron or other metal;(56)"milk" includes cream, skimmed milk, separated milk, and condensed, sterilized, desiccated or toned milk;(57)"Municipal Accounts Committee" means a Municipal Accounts Committee constituted under Section 190;(58)"Municipal Accounting Manual" means the Municipal Accounting Manual prepared and maintained under Section 89;(59)"Municipal area" means an area constituted as a municipal area under Section 6;(60)"Municipal drain" means a drain vested in the Municipality;(61)"Municipal Fund" means the Municipal Fund referred to in Section 73;(62)"Municipal Magistrate" means the Municipal Magistrate appointed under Section 398;(63)"Municipal market" means a market belonging to, or maintained, by, the Municipality;(64)"Government" means Government of State of Bihar.(65)"Municipal slaughterhouse" means a slaughterhouse belonging to, or maintained by, the Municipality;(66)"Municipality" means an institution of Self-Government constituted under Section 12, read with Article 243Q of the Constitution of India, and includes a Municipal Corporation, a Municipal Council, and a Nagar Panchayat, referred to in Section 13;(67)"notification" means a notification published in the Official Gazette;(68)"nuisance" includes any act, omission, place or thing which causes, or is likely to cause, injury, danger, annoyance, 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;(69)"occupier" includes any person for the time being paying, liable to pay, to the owner the rent or any portion of the rent (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;(70)"offensive matter" means kitchen or stable refuse, dung, dirt, putrid or purifying substance, or fifth of any kind which is not included in sewage;(71)"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;(72)"owner" includes the person for the time being receiving 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 trust 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;Provided that for purposes of the acquisition of land or payment of compensation, the term "owner" shall mean the person who owns the land or any person duly authorised by him to enter into any agreement with the Chief Municipal Officer or to receive compensation;(73)"platform" means any structure which is placed on or covers or projects over any street or any open drain and includes balconies or other extension of buildings projecting at any height over such street or drain;(74)"population" means the population as ascertain at the last preceding census of which the relevant figures have been published;(75)"premises" means any land or building or part of a building Or any hut or part of a hut, and includes-(a)the garden, ground and outhouses, if any, appertaining thereto, add any fittings or fixtures affixed to a building or part of a building or hut or part of a hut for the more beneficial enjoyment thereof;(76)"prescribed" means prescribed by Rules made under this Act;(77)"presiding officer" means,-(i)in the case of a Municipal Corporation, the Mayor,(ii)in the case of a Municipal Council, the Municipal Chairperson, and(iii)in the case of a Nagar Panchayat, the Municipal President;(78)"private drain" means any drain which is not a municipal drain;(79)"private street" means any street, road, lane, gully, alley, passage or square which is not a public street, and includes any passage securing access to four or more premises belonging to the same or different owners, but does not include a passage provided in effecting a partition of any masonry building amongst joint owners where such passage is less than two metres and fifty centimeters wide;(80)"public building" means a masonry building constructed, used, or adapted to be used,(a)as a place of public worship or as a school, college or other place of instruction (not being a dwelling- house so used) or as a hospital, workhouse, public theatre, public cinema, public hall, public concert-room, public ballroom, public lecture-room, public library or public exhibition room or as a public place of assembly, or *(b)for any other public purpose, or(c)as a hotel, lodging-house, refuge or shelter, where the building, in cubical extent, exceeds seven thousand cubic metres or has sleeping accommodation for more than one hundred persons;(81)"Metropolitan Area" means an area having a population of ten lakhs or more comprised in one or more districts and consisting of two or more municipalities or Panchayats or other contiguous area, specified by the State Government, by Gazette Notification, to be a Metropolitan area for the purposes of this Act."(82)"Public Service Commission" means the Public Service Commission for the State of Bihar constituted under Article 315 of the Constitution of India;(83)"Public street" means any street, road, lane, gully, alley, passage, pathway, square or courtyard, whether a thoroughfare or not, over which the public have a right of way, and includes-(a)the access or approach to a public ferry,(b)the roadway over any public bridge or causeway,(c)the footpath attached to any such street, public bridge or causeway;(d)the passage connecting two public streets;(e)the drains attached to any such street, public bridge or cause way and where there is no drain attached to any such street shall be deemed to include also, unless the contrary is shown, all land up to the boundary wall, hedge or pillar of the premises, if any, abutting on the street, or, where a street alignment has been fixed, up to such alignment;(84)"Regulations" means the Regulations made by a Municipality under this Act;(85)"rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden and stable refuse of any kind which is not an "offensive matter" or "sewage" as defined in this Section;(86)"Rules" means the Rules made by the State Government under this Act;(87)"Sewage" means night-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds;(88)"Slaughter-house" means any place used for the slaughter of cattle, sheep, goats, kids or pigs for the purpose of selling the flesh thereof as meat;(89)"Smaller urban area" means a municipal area classified as a smaller urban area under Section 7;(90)"State Election Commission" means the State Election Commission constituted under Section 123 of the Bihar Panchayati Raj Act, 2006 read with Article 243-ZA of the Constitution of India.(91)"Development Plan/Master Plan" means the draft Development Plan/ Master Plan and the final Development Plan/Master Plan prepared under this Act;(92)"State Municipal Vigilance Authority" means the State Municipal Vigilance Authority appointed under Section 44;(93)"Street" means a public street or a private street;(94)"Street alignment" means the line dividing the land comprised in, and forming part of, a street from the adjoining land;(95)"Subject Committee" means a Subject Committee constituted under Section 32;(96)"Ward Committee" means a Ward Committee referred to in Section 31;(97)"Wards Committee" means a Wards Committee constituted under Section 30;(98)"water-course" includes a river, stream or channel, whether, natural or artificial;(99)"Year" means a Financial Year beginning on the first day of April;(100)"Backward Classes" means and includes the list of Backward Classes of Citizens Specified in Annexure 1 of the Bihar Reservation of Vacancies in Post and Services (for SC, ST and other Backward Classes) Act 1991 (Bihar Act, 3/92)(101)[ "Action Taken Report" means the Report to be submitted by the Chief Municipal Officer on the action taken by the Municipality under Section 94;] [Substituted by Bihar Act No. 2 of 2014, dated 8.1.2014.](102)[ "Area Sabha" means Area Sabha constituted under Section 31 of this Act; [Added by Bihar Act No. 7 of 2011, dated 27.5.2011.](103)"Basic Services for the Urban Poor" means water supply, sewerage and drainage, toilets, solid waste management, streetlight, [shelter] and internal roads;(104)"Board of Councillors" means the elected body of the Municipality consisting of Councillors elected in general election under Section- 12 of this Act or in a byelection of a Municipality;(105)"Examiner of Local Accounts" means the Examiner of Local Accounts under the Bihar and Orissa Local Fund Audit Act, 1925(106)"Government" means the State Government of Bihar;(107)"Lok Prahari" means Lok Prahari to be appointed under Section-44 of this Act(108)"Property Tax Board" means the Bihar Property Tax Board created under Section 138A of this Act;(109)"Slum" means a compact area of at least 100 people or about 20 households of poorly built congested tenements, in unhygienic environment usually with inadequate infrastructure and lacking proper sanitation and drinking water facilities.(110)"Vacant Land" means any land acquired through purchase, gift or otherwise on which building is not constructed after acquisition and also the appurtenant land of a building that exceed the permissible ground coverage under the building bye-laws.]
