Section 5 in The City of Nagpur Corporation Act, 1948
5. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
[(1) "Administrator" means an Administrator appointed by the State Government under [section 409] of this Act, to exercise the powers and to perform the duties of the Corporation and its authorities;][(1A) Assembly constituency means a constituency provided by law for the purpose of elections to the Maharashtra Legislative Assembly, or any part thereof, which is for the time being comprised in the City;(1B)"Assembly roll" means the electoral roll prepared for any Assembly constituency in accordance with the provisions of the Representation of the Peoples Act, 1950;](2)"assessment list" means any municipal assessment register prescribed by section 132 and includes any register subsidiary thereto;(3)"authorised" means authorised by the Corporation either generally or specially;[(3A) "Backward Class of citizens" means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;](4)"bakery" means any place in which bread or confectionery including biscuits is baked, cooked or prepared in any manner whatsoever for purposes of profit or sale;(5)"brothel" means any house, room or place, or any part thereof, occupied or let or intended to be occupied or let as a single tenement which is habitually used by one or more than one woman for the purpose of prostitution;(6)"budget grant" means a sum entered on the expenditure side of a budget estimate which has been finally adopted by the Corporation, and includes any sum by which such budget grant may at any time be increased under section 87, 88 or 89;(7)"building" includes a house, outhouse, stable, hut, shed or other enclosure, whether used as a human dwelling or otherwise and shall include verandahs, fixed platforms, plinths, door-steps, walls and the like;(8)"building line" means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed;(9)the [Commissioner] means the [Municipal Commissioner tor the City] appointed under section 45 and includes an acting [Commissioner] appointed under sub-section (3) of section 48 and any municipal officer empowered under this Act to exercise, perform or discharge any of the powers, duties or functions of the [Commissioner] to the extent to which such officer is so empowered;[(10) "City of Nagpur" or "the City" means the larger urban area specified in the notification issued in this respect under clause (2) of article 243-Q, of the Constitution of India, known by the name of the City of Nagpur;](11)"closet accommodation" means a receptacle for human excreta, together with the structure comprising such receptacle and the fittings and apparatus connected herewith;[(12) "the Corporation" means the Municipal Corporation of the City of Nagpur constituted or deemed to be constituted under this Act;][(13) "Councillor" means any person who is duly elected as a member of the Corporation under this Act; and includes, a nominated Councillor who shall not have the right,-(i)to vote at any meeting of the Corporation and Committees of the Corporation; and(ii)to get elected as [* * *] a Mayor of the Corporation or a Chairperson of any of the Committee of the Corporation];(14)"dangerous diseases" means cholera, plague, smallpox, tuberculosis, cerebrospinal meningitis and diphtheria, leprosy other than leucoderma, and any other disease which the Corporation may, by public notice, declare to be a dangerous disease for the purposes of this Act;(15)"District Court" means the District Court, constituted for the Nagpur Civil District;(16)"drain" includes a sewer, tunnel, pipe, ditch, gutter or channel, and any cistern, flush, tank, septic tank, or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water and any culvert, ventilation, shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place;(17)"drug" means any substance used as medicine or in the composition or preparation of medicines, whether for internal or external use;(18)"eating-house" means any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises;(19)the expression "erect or re-erect any building" includes -(a)any material alteration or enlargement of any building;(b)the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;(c)the conversion by structural alteration of one or more places of human habitation into a greater number of such places;(d)the conversion by structural alteration of two or more places of human habitation into a lesser number of such places;(e)such alteration of the internal arrangement of a building as effects a change in its drainage or sanitary arrangements or affects its stability;(f)the addition of any rooms, buildings, outhouses or other structures to a building;(g)the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of wooden buildings;(20)the expression "essential officer or servant" means every person employed in the municipal fire brigade or in connection with the municipal air compressor or pumping stations or employed in connection with the drainage, conservancy or water supply of the City and any such other municipal officer or servant as may be prescribed in this behalf;(21)"factory" has the meaning assigned to it under the [Factories Act, 1934];[(21-A) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of article 243-1 of the Constitution of India;](22)"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 and spices and condiments;[(22-A) "Scheduled Castes" means such castes, races or tribes or parts of or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the [State of Maharashtra] under article 34 of the Constitution of India];(23)"keeper" means the person in charge of a lodging house, and may include the owner for the purposes of any rules or by-laws made under this Act;(24)"land" includes land which is being built upon or is built upon or covered with water;(25)"licensed plumber", "licensed surveyor" and "licensed architect" means, respectively, a person licensed by the Corporation as a plumber or surveyor or architect under this Act;(26)"lodging-house" means a building or part of a building,-(a)which is let for lodgings; or(b)which is occupied to any extent in common by members of more than one family, and the rent of which does not exceed one hundred rupees per mensem; or(c)which is let as a human habitation for a period of less than a month; provided that this definition shall not include hotels or boarding houses where the daily charge for board and residence is not less than one rupee;(27)"market" includes any place within the City where persons assemble for the sale of meat, fish, fruit, vegetables, live-stock or any other article of food;[(27-A) "Mayor" means the Mayor of the Corporation elected by the elected Councillors from amongst themselves;(27AA)[* * *](27AAA)[* * *] ](28)"municipal drain" means a drain vested in the Corporation;(29)"municipal market" means a market vested in or managed by the Corporation;(30)"municipal slaughter-house" means a slaughter house vested in or managed by the Corporation;(31)"municipal tax" means any impost levied by the Corporation under the provisions of this Act;(32)"municipal water-works" means a water work vested in or managed by the Corporation;(33)"nazul lands" means nazul lands within the City for the management and disposal of which special rules have been made by the State Government;(34)"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;(35)"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 building in respect of which the word is used or damages on account of the occupation of such land or building, and also an owner living in, or otherwise using, his own land or building and a rent-free tenant;(36)"offensive matter" includes animal carcasses, dung, dirt, putrid or putrefying substances, and filth of any kind which is not included in "sewage" as defined in this section;[(36A) "official year" means the year commencing on the first day of April;](37)"owner" when used with reference to any land or building includes the person for the time being receiving the rent of the land or building or of any part of the land or building whether on his own account or as 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, building or part thereof were let to a tenant;[(37A) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;](38)"prescribed" means prescribed by rules or by-laws made under this Act;(39)"public analyst" means any person to be appointed by the Corporation to perform the duties and to exercise the powers of a public analyst prescribed under this Act;(40)"public place" includes any public park or garden, or any ground to which the public have or are permitted to have access;(41)the expression "public securities" means Government securities and any securities guaranteed by Government, securities issued by the Corporation and any other securities which the State Government may declare to be public securities for the purposes of this Act;(42)"public street" means any street -(a)heretofore levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public funds; or(b)which under the provisions of section 311 is declared to be, or under any other provision of this Act becomes, a public street; and includes-(i)the roadway over any public bridge or causeway,(ii)the footway attached to any such street,(iii)public bridge or causeway, and the drains attached to any such street, public bridge or causeway;(43)"registered trade union" means a trade union registered under the Indian Trade Unions Act, 1926;(44)(a)a person shall be deemed to "reside" in any dwelling-house or hut which, or some portion of which, he sometimes, although not uninterruptedly, uses as a sleeping apartment; and(b)a person shall not be deemed to cease to "reside" in any such dwelling-house or hut merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it;(45)"rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse or refuse of any kind which is not "offensive matter" or "sewage" as defined in this section;(46)"sewage" means night-soil and other contents of water-closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bathrooms, stables, cattlesheds and other like places, and includes trade effluents and discharges from manufactories of all kinds;(47)"sewage connection" includes any drain connecting any water-closet, latrine, privy, urinal, bathroom, sink, sullage tray, manhole or trap with any drain set apart by the Corporation for sewage and other offensive matter;[(47A) "State Election Commission" means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (1) of article 243-K of the Constitution of India;](48)"street" means any road, lane, gully, alley, passage, pathway, square or court whether a thoroughfare or not, which is accessible to the public whether permanently or temporarily; and includes every vacant space, notwithstanding that it may be private property and obstructed wholly or partly by any gate, post, chain or other barrier, if houses, shops, or other buildings about thereon and if it is used by any persons, whether occupiers of such buildings or not, as a means of access to or from any public place or thoroughfare but shall not include any part of such vacant space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid;(49)"street line" means a line dividing the land comprised in and forming part of a street from the adjoining land;(50)"traffic sign" includes all signals, warning sign posts, direction posts, signs or other devices, erected by any person or authority authorised by law to do so, for the information, guidance or direction of persons using roads or of wheeled and other traffic;(51)"vehicle" means a wheeled conveyance capable of being used on a street;[(51A) "Wards Committees" means the Wards Committees constituted under section 38A;](52)"water closet" means closet accommodation used or adapted or intended to be used in connection with municipal water works and comprising provisions for the flushing of the receptacle by means of a water-supply and having connection with a sewer;(53)"water connection" includes -(a)any tank, cistern, hydrant, stand-pipe, meter or tap situated on private property and connected with a water main or pipe belonging to the Corporation;(b)the water pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water main or pipe;(54)"water for domestic purposes" shall not include water for cattle, or for horses or for washing vehicles where the cattle, horses or vehicles are kept for sale or hire, or by a common carrier, and shall not include water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental purposes;(55)"water-work" includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice main-pipe, culvert, engine and anything for supplying or used for supplying water;(56)"workshop" means any building, place or premises, or any part thereof, not being a factory, to or over which the employer of the persons working therein has the right of access or control, and in which, or within the compound or precincts of which, any manual labour is employed or utilised in aid of or incidental to any process for the following purposes:-(i)the making of any article or part thereof; or(ii)the altering, repairing, ornamenting or finishing of any article; or(iii)the adapting for sale of any article.
