Section 2 in The Calcutta Municipal Corporation Act, 1980
2. Definitions. -
In this Act, unless the context otherwise requires - (1) an article shall be deemed to be "adulterated"-(a)in the case of drugs, if its strength, quality or purity falls below the professed standard under which it is sold or exposed for sale;(b)in the case of confectionery, if it contains any mineral substance or poisonous colouring or flavouring matter or other ingredients deleterious or detrimental to health; and(c)in the case of food, -(i)if any substance has been mixed or packed with it so as to reduce or lower or harmfully affect its quality or strength, or(ii)if any substance has been substituted wholly or in part for the article, or(iii)if any normal constituent of the article has been wholly or in part abstracted, or(iv)if it is mixed, coloured powdered, coated or stained in a manner whereby deterioration or inferiority is concealed, or(v)if it does not comply with the standard prescribed therefor by or under this Act or under any other law for the time being in force, or(vi)if it contains or is mixed or diluted with any substance in any quantity to the prejudice of the purchaser or consumer or in any proportion which diminishes in any manner its food value or nutritive properties as compared with the same in a pure or normal state and in an undeteriorated and sound condition, or(vii)if it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health, or(viii)if is not of the nature, substance or quality which it purports or is represented to be;[* * * * * * * * * *] [Clause (2) omitted by W.B. Act 6 of 1996](3)"assessment-book" means the municipal assessment book referred to by section 191 and includes any books subsidiary thereto;(4)"budget-grant" means a sum entered on the expenditure side of the Budget Estimates which have been finally adopted, and includes any sum by which a budget-grant is at any time increased by a transfer under clause (c) of sub-section (1) of section 132;(5)[ "building" means a structure constructed for whatsoever purpose and of whatsoever materials and includes the foundation, plinth, walls, floors, roofs, chimneys, fixed platforms, verandas, balcony, cornice or projection or part of a building or anything affixed thereto or any wall (other than a boundary wall less than three meters in height) enclosing or intended to enclose any land, signs and outdoor display structures but does not include a tent, samiana or tarpaulin shelter;] [Clause (5) substituted by W.B. Act 13 of 1984](6)"building-line" means the line which is in rear of the street alignment and up to which the main wall of a building on a land abutting on a street or projected public street may lawfully extend;(7)"building of the warehouse class" means a building, the whole or a substantial part of which is used, or intended to be used, as a warehouse, factory, manufactory, brewery, or distillery, or for any similar purpose, which is neither a "domestic building" nor a "public building" as defined in this section, and includes a hut used or intended to be used for any of the purposes mentioned in this clause;(8)"bustee" means an area containing land not less than seven hundred square metres in area occupied by or for the purposes of any collection of huts or other structures used or intended to be used for human habitation.Explanation. - If any question arises as to whether any particular area is or is not a bustee, the Corporation shall decide the question and its decision shall be final;(9)"Calcutta" means the area described in Schedule I;[* * * * * * * * * *] [Clause (10) omitted by W.B. Act 6 of 1996.](11)"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 a jin-rickshaw, cycle-rickshaw, bicycle or tricycle, but does not include a perambulator or other form of vehicle designed for the conveyance of small children;(12)"cart" means any cart, hackney or wheeled vehicle with or without springs, which is not a "carriage" as defined in this section, and includes a hand-cart [or a cycle van or a push van] [Words inserted by W.B. Act 13 of 1984.], but does not include any wheeled vehicle which is propelled by mechanical power or its trailer;(13)"category A post" means a category A post classified as such under section 17;(14)"category B post" means a category B post classified as such under section 17;(15)"category C post" means a category C post classified as such under section 17;(16)"category D post" means a category D post classified as such under section 17;(17)"Chairman" means the Chairman elected under section 6;(18)"connected-privy" means a privy which is directly connected with a sewer;(19)"connected-urinal" means a urinal which is directly connected with a sewer;(20)"consolidated rate" includes the surcharge levied on the consolidated rate under this Act;(21)"Corporation" means the Calcutta Municipal Corporation established under this Act;[* * * * * * * * * *] [Clause (22) omitted by W.B. Act 6 of 1996.](23)"cubical extent", with reference to the measurement of a building, means the space contained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest or only storey;(24)"dairy" includes any farm, cattle-shed, cow-house, milk-stone, milk-shop or other place -(a)from which milk is supplied on or for sale, or(b)in which milk is kept for purposes of sale or used for manufacture or preparation for sale of -(i)butter, or(ii)ghee, or(iii)cheese, or(iv)curds, or(v)dried, sterilized, condenses or toned milk, but does not include -(a)a shop or other place in which milk is sold for consumption on the premises only, or(b)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;(25)"dairyman" includes any occupier of a diary, any cow-keeper who trades in milk, or any wholesale or retail seller of milk;(26)"dangerous disease" means -(a)cholera, plague, small-pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis and syphilis; and(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;(27)"depot" means a place where articles are stored, whether for sale or for any other purpose but not for domestic consumption or use, in quantities exceeding two thousand kilograms;(28)"domestic building" includes a dwelling house and any other masonry building which is neither a building of the warehouse class nor a public building as defined in this section nor a place exclusively used for private worship;(29)"domestic purposes", in relation to the supply of water means the purposes other than those referred to in sub-section (2) of section 238;(30)"drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain-water or subsoil water;(31)"drug" means any substance used as medicine or in the composition or preparation of medicines, 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;(32)"dwelling house" means a masonry building constructed, used or adapted to be used wholly or principally for human habitation;(33)"edible oil" means coconut oil, cotton seed oil, ground-nut oil, olive oil and til (sesame) oil, in their pure state, linseed oil, Mahua oil, mustard oil, rapeseed oil, poppy seed oil, sunflower oil, tara mira oil, niger seed oil, soyabean oil, maize oil, palm oil, palm karnel oil, water melon seed oil, in their pure state, imported salad oil labelled as such, any vegetable oil, prepared by hardening process such as hydrogenation and labelled as such and bearing in the label in English and Bengali the names of the oils entering into its composition and any other oil which the State Government may, by notification, declare to be an edible oil for the purpose of this Act;(34)"edible fat" means prepared in a manner approved by the Chief Municipal Health Officer from healthy goats, sheep, pigs, cows, buffaloes, or any other animal which the State Government may, by notification, specify for the purposes of this clause;(35)[ "elected member" means an elected Councillor;] [Clause (35) substituted by W.B. Act 36 of 1994.][* * * * * * *] [Clauses (36) and (37) omitted by W.B. Act 6 of 1996.][* * * * * * *] [Clauses (36) and (37) omitted by W.B. Act 6 of 1996.](38)"filtered water" means water intended for domestic use and tested for its potability and purity and found fit for such use;(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 category VI road 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)"half-year" means half of a year;(42A)[ "heritage building" means any building of one or more premises, or any part thereof, which requires preservation and conservation for historical, architectural, environmental or ecological purpose, and includes such portion of the land adjoining such building or any part thereof as may be required for fencing or covering or otherwise preserving such building, and also includes the areas and buildings requiring preservation and conservation for the purpose as aforesaid under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979;] [Clauses (42A) and (42B) inserted by W.B. Act 26 of 1997.](42B)[ "Heritage Conservation Committee" means the Heritage Conservation Committee constituted under sub-section (1) of section 425D;] [Clauses (42A) and (42B) inserted by W.B. Act 26 of 1997.](43)"house-drain" means any drain of one or more premises used for the drainage of such premises;(44)"house-gully" means a passage or a strip of land constructed, set apart or utilized for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter to municipal employees or to persons employed in the cleaning thereof or in the removal of such matter therefrom and includes the air space above such passage or land;(45)"hut" means any building, no substantial part of which excluding the walls up a height of fifty centimetres above the floor or floor level is constructed of masonry, reinforced concrete, steel, iron or other metal;(46)"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;(47)"inhabited room" means a room in which some person passes the night or which is used a living room and includes a room with respect to which there is a reasonable presumption (until the contrary is shown) that some person passes the night therein or that it is used as living room;(48)"label" includes any tag, brand, mark or statement in writing on or attached to or used in connection with any package containing any article of food or any drug or substance;(49)"land or building" includes a bustee;(50)"market" shall be deemed to be synonymous with the expression "bazar" and shall mean -(a)a place where persons assemble for the sale of meat, fish, fruit, vegetables, livestock, or any other article of food of a perishable nature, whether or not there is any collection of shops or warehouses or stalls for the sale of other articles in such place, or(b)any place of trade, other than a place referred to in sub-clause (a), where there is a collection of shops or warehouses or stalls exceeding such numbers as the Corporation may specify, declared and licensed by the Corporation as a market;(51)"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;[(51 A) "member" means an elected Councillor, and includes a person nominated by the State Government under clause (b) sub-section (1) of section 5;] [Clause (51A) Inserted by W.B. Act 36 of 1994.](52)"milk" includes cream, skimmed milk, separated milk and condensed, sterilized, desicated or toned milk;(53)all drugs or articles of food which enter into the composition of food, the package or mark, or label of which bears any statement, design or device regarding such drugs or articles of food or the ingredients or substances contained therein as may be false or may mislead in any particular, shall be deemed to be "misbranded" and a drug or an article of food shall a also be deemed to be misbranded if it is offered for sale under the name of another drug or article of food;(54)"municipal drain" means a drain vested in the Corporation;(55)"municipal market" means a market belonging to or maintained by the Corporation;(56)"municipal slaughter-house" means a slaughter-house belonging to or maintained by the Corporation;(57)"new building" means and includes -(a)any building constructed or in the process of construction after the commencement of this Act,(b)any building which, having collapsed or having been demolished or burnt down for more than one-half of its cubical extent, is reconstructed wholly or partially after the commencement of this Act, whether the dimensions of the reconstructed building are the same as those of the original building or not,(c)any hut which is converted into a masonry building after the commencement of this Act, and(d)any building not originally constructed for human habitation which is converted into a place for human habitation after the commencement of this Act.Explanation. - Sub-clause (b) applies whether more than one-half of the cubical extent of any building has collapsed or been demolished or burnt down at the same time or at different times;(58)"notification" means a notification published in the Official Gazette;(59)"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;(60)"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 for damages on account of the occupation of such land or building, and also 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;(61)"offensive matter" means kitchen or stable refuse, dung, dirt putrid or putrefying substance and filth of any kind which is not included in "sewage";(62)"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 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 building or of any part of the land or building were let to a tenant;(63)"package" includes every means by which goods for carriage or for storage or for sale are cased in, covered, enclosed, contained or packed;(64)"party-wall" means a wall forming part of a building and used or constructed to be used for the support and separation of adjoining buildings belonging to different owners or constructed or adapted to be occupied by different persons;(65)"platform", when used with reference to a privy, means the surface containing the aperture through which the sewage passes into the receptacle or sewer;(66)"prescribed" with its grammatical variations means prescribed by rules made under this Act;(67)"Presiding Officer" means the Chairman elected under section 6 or the member of the panel of presiding officers nominated under section 93;(68)"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 centimetres wide;(69)"public analyst" means any person having the qualifications prescribed by rules made under the Prevention of Food Adulteration Act, 1954 and appointed as such by the Corporation with the approval of the State Government to perform the duties and to exercise the powers of a public analyst as prescribed by rules made under that Act;(70)"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, home, refuge or shelter, where the building exceeds in cubical extent seven thousand cubic metres or has sleeping accommodation for more than one hundred persons;(71)"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 roadway over any public bridge or causeway,(b)the footway attached to any such street, public bridge or causeway, and(c)the drains attached to any such street, public bridge or causeway, and, where there is no drain attached to any such street, shall, unless the contrary is shown, be deemed to include all lands up to the outer wall of the premises abutting on the street, or, where a street alignment, has been fixed and the area within such alignment has been acquired by the Corporation and the alignment has been demarcated or is capable of being demarcated up to such alignment;(72)"ratepayer" means a person liable to pay any rate, tax or licence fee under this Act;(72A)[ "recognised political party" means a national party or a State party recognised as such by the Election Commission of India by notification for the time being in force;] [Clause (72A) inserted by W.B. Act 26 of 1997.](73)"Registered medical practitioner" means a medical practitioner registered under the Bengal Medical Act, 1914;(74)"regulation" means a regulation made by the Corporation under this Act;(75)"rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not offensive matter;(76)"rules" means rules made by the State Government under this Act;(77)"service-privy" means a fixed privy which is cleansed by hand but does not include a movable commode;(78)"service-urinal" means a fixed urinal which is cleansed by hand;(79)"sewage" means night-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds;(80)"sky-sign" means any word, letter, model, sign, device or other representation, in the nature of an advertisement, announcement or direction, which is supported on or attached to any post, pole, standard, framework or other support wholly or in part upon, over or above any building or structure and which is wholly or in part visible against the sky from any point in any street or public place, and includes -(a)every part of such support, and(b)any balloon, parachute or similar device, employed wholly or in part, for the purpose of any advertisement or announcement, on, over or above any building, structure or erection of any kind, or on or over any street or public place, but shall not be deemed to include -(i)any flagstaff, pole, vane or weather-cock, unless adapted or used wholly or in part for the purpose of any advertisement or announcement,(ii)any sign on any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building or on the cornice or blocking-course of any wall or to the ridge of a roof, if such contrivance be of one continuous face and not open work and does not extend in height more than one metre above any part of such wall, parapet or ridge, or(iii)any representation which relates exclusively to the business of a railway administration as defined in the Indian Railways Act, 1890, and which is placed wholly upon or over any railway, railway station, yard, platform or station approach, or premises belonging to such railway administration, and which is so placed that it could not fall into any street or public place;(81)"slaughter-house" means any place used for the slaughter of cattle, sheep, goats kids or pigs, or hens, fowls, chicken, ducks, turkeys or any other eatable birds for the purpose of selling the flesh thereof as meat;(81A)[ "State Election Commission" means the West Bengal State Election Commission referred to in sub-section (1) of section 3 of the West Bengal State Election Commission Act, 1994;] [Clause (81A) inserted by W.B. Act 36 of 1994.](82)"street" means a public or private street;(83)"street alignment" means the line dividing the land comprised in and forming part of a street from the adjoining land;(83A)[ "thika tenant" shall have the same meaning as in the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981;] [Clause (83A) inserted by W.B. Act 32 of 1983.](84)"year" means a financial year beginning on the first day of April.
