Section 3 in The Mumbai Municipal Corporation Act, 1888
3. Definitions of terms.
- In this Act, unless there be something repugnant in the subject or context,-(a)[ "the city" means the area specified in Part I of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945; [These clauses were substituted for clause (a) by Bombay 7 of 1950, Section 5(i).](aa)[ "extended suburbs" means the area specified in Part IV of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945];(a1)[Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).] means the areas specified in Parts I, II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 [and on and from the date of commencement of the Bombay Municipal Further Extension of Limits and Schedule BBA (Amendments)] Act, 1956, includes the extended suburbs i.e., the area specified in Part IV of this Schedule] [This portion was inserted by Bombay 58 of 1956, Section 3(2).]; [specified as the larger urban area in the notification issued in respect thereof under clause (2) of Article 243-Q of the Constitution of India] [This portion was added by Maharashtra 41 of 1994, Section 3(a).].(a2)"the suburbs" means the area specified in Parts II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945];(a3)[ "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;] [Clause (a3) was inserted by Maharashtra 41 of 1994, Section 3(b).](b)"the corporation" means the Municipal Corporation of [Brihan Mumbai] [This clause was inserted by Bombay 58 of 1956, Section 3(1).], constituted or deemed to have been constituted under this Act;(c)["Councillor" means a person duly elected as a member of the Corporation; and includes a nominated Councillor who shall not have the right,- [Cause (c) was substituted by Maharashtra 41 of 1994, Section 3(a).](i)to vote at any meeting of the Corporation and Committee of the Corporation; and(ii)to get elected as a Mayor of the Corporation or a Chairperson of any of the Committees of the Corporation;](cc)[ "Commission" means the Public Service Commission constituted for the State of Bombay under the Constitution of India;] [Clause (cc) was inserted by Bombay 48 of 1950, Section 2(2).](d)"the Commissioner" means the Municipal Commissioner for [Brihan Mumbai] [These words were inserted for the words 'Greater Bombay' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).] appointed under section 54 and includes [an Additional Municipal Commissioner appointed under sub-section (3) of Section 54 and] [These words, brackets and figures were inserted by Maharashtra Mill of 1983, Section 2.] an acting Commissioner appointed under sub-section (3) of Section 59;(e)"Deputy Commissioner" means a Deputy Municipal Commissioner appointed under section 55, [and the Deputy Municipal Commissioner (Improvements) appointed under section 56A] [These words, figures, brackets and letter were inserted by Bombay 13 of 1933, Section 3(a).] and includes an acting Deputy Commissioner appointed under sub-section (3) of Section 59 [and an additional Deputy Municipal Commissioner appointed under sub-section (1A) of Section 55] [These words, figures, letter and brackets were added by Bombay 7 of 1950, Section 5(iii).];(ea)[ "Director" means the Director (Engineering Services and Projects) appointed under section 54A;] [ Clause (ea) was inserted by Maharashtra 53 of 1981, Section 2.](eb)[ "Designated Officer" means an officer designated under sub-section (1) of section 351] [Clause (eb) was inserted by Maharashtra 2 of 2012, Section 2.];(f)"the Police Commissioner" means the Commissioner of Police [Brihan Mumbai] [These words were inserted for the words 'Greater Bombay' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).];(g)[ "Education Officer" means the Municipal Education Officer appointed under Section 76A and includes an acting Municipal Education Officer appointed under Section 85] [Clause (g) was inserted by Bombay 48 of 1950, Section 2(3).];(h)[ "election" means an election to fill a seat or seats of a councillor or councillors under this Act] [Clause (h) was inserted by Bombay 54 of 1955, Section 2.];(i)[ "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 [Brihan Mumbai] [Clauses (i) and (j) were inserted by Maharashtra 8 of 1965, Section 2.];(j)"Assembly roll" means the electoral roll prepared for any Assembly Constituency in accordance with the provisions of the Representation of the People Act, 1950];(k)"licensed plumber" and"licensed surveyor" means respectively, a person licensed by the Commissioner for the purposes of this Act as a plumber or surveyor under section 355;(ka)[ "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 341 of the Constitution of India; [Clauses (ka) and (kb) were inserted by Maharashtra 41 of 1994, Section 3(e).](kb)"Scheduled Tribes" means such tribes or tribal communities or parts of or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India;](l)"Small Causes Court" means the Court of Small Causes of Bombay;(la)[ "State Election Commission" means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (I) of article 243-K of the Constitution of India;] [Clause (la) was inserted by Maharashtra 41 of 1994, Section 3(f).](m)"owner" when used in reference to any premises, means the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let, and includes(i)an agent or trustee who receives such rent on account of the owner; and(ii)an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or charitable purposes; and(iii)a receiver, sequestrate, or manager, appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises;(n)a person is deemed "to reside" in any dwelling which he sometimes uses, or some portion of which he sometimes uses, though, perhaps, not uninterruptedly, as a sleeping apartment;and a person is not deemed to cease"to reside" in any such dwelling merely because he is absent from it, or has elsewhere another dwelling in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning thereto;(o)the term"public securities" means securities of the [Central Government] [The words 'Central Government' were substituted for the words 'Government of India' by the Adaptation of Indian Laws Order in Council.] and any securities guaranteed by [the Central or any [State] [The words 'the Central or any Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], securities of the Bombay Port Trust, securities issued under this Act and any Bombay Municipal debentures or other securities heretofore issued [and any debentures or other securities issued under the City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925] [These words were inserted by Bombay 13 of 1933, Section 3(b).];(p)"tax" includes any impost leviable under this Act;[***] [Deleted '(pa)' by Maharashtra Act No. 42 of 2017, dated 29.5.2017.](q)"vehicle" includes a carriage, cart, van, dray, truck, handcart and wheeled conveyance of any description capable of being used on the streets of the city;(r)"land" includes and which is [being built upon or is built] [These words were substituted for the word 'built' by Bombay 8 of 1918, Section 2.] upon or covered with water, [benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street] [These words were inserted by Bombay 13 of 1933, Section 3(c).];(s)"building" includes a house, outhouse, stable, shed, but [tank (except tank for storage of drinking water in a building or part of a building)] [These words and brackets were inserted by Maharashtra 21 of 1989, Section 2.] and every other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatever;(sa)[ "tenement" means a building or a part of a building, other than a temporary building or a part thereof, let or intended to be let or occupied separately; [These clauses were inserted by Bombay 28 of 1957, Section 2.](sb)"temporary building" means any building which is constructed principally of mud, leaves, grass, cloth, thatch, wood, corrugated iron or asbestos cement sheets or such other material and includes a building of whatever size constructed of whatever material which the Commissioner has allowed to be built as a temporary measure;](t)"waterwork" includes a lake, stream, spring, well, pump, reservoir, cistern, tank, [tunnel,] [This word was inserted by Maharashtra 37 of 1981, Section 2(a).] duct, whether covered or open, sluice, main pipe, culvert, engine and any machinery, land, building, or thing for supplying or used for supplying water;(u)[ "drain" includes a sewer, pipe, ditch, channel [tunnel] [Clause (u) was substituted for the original clause by Bombay 5 of 1905, Section 2.] and any other device for carrying off sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall];(v)"house gully" means a passage or strip of land constructed, set apart or utilized for the purpose of serving as a drain of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to municipal servants or to persons employed in the cleaning thereof or in the removal of such matter therefrom;(w)"street" includes any highway and any causeway, bridge, via duct, arch road, lane, footway, square, court, alley or passage, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and has access uninterruptedly for a period of twenty years; and, when there is a footway as well as carriageway in any street, the said term includes, both;(x)"public street" means any street heretofore levelled, paved, metalled, channelled, sewered or repaired by the corporation and any street which becomes a public street under any of the provisions of this Act; [or which vests, in the corporation as a public street] [These words were added by Bombay 7 of 1950, Section 5(v).];(y)"private street" means a street which is not a public street;(yy)[ "trade refuse" means and includes the refuse of any trade, manufacture or business] [This new clause (yy) was added by Bombay 1 of 1925, Section 2(b).];(z)"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, smelling or hearing, or which is or may be dangerous to life or injurious to health or property;(aa)"dangerous disease" means cholera and any endemic, epidemic, or infectious disease by which the life of man is endangered;(bb)"official year" means the year commencing on the first day of April;(cc)"public holiday" means a day or other period of time on or during which by an order of [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] published in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.] Government offices in the city are closed;(dd)"sub-section" and"clause" denote, respectively, a sub-section or clause of the section in which the word occurs;(ee)[ "bakehouse" means any place in which are baked bread, biscuits or confectionery, from the baking or selling of which a profit is derived; [Clauses (ee), (ff) and (gg) were inserted by Bombay 1 of 1916, Section 2.](ff)"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;(gg)"premises" includes messages, buildings and lands of any tenure, whether open or enclosed, whether built on or not and whether public or private];(hh)[ "a sweetmeat shop" means any premises or part of any premises used for the manufacture, treatment or storing for sale, or for the sale, wholesale or retail, of any ice cream, confections or sweetmeats whatsoever intended, and by whatsoever name the same may be known, and whether the same be for consumption on or outside the premises] [Clause (hh) was inserted by Bombay 5 of 1920, Section 2.];[* * * * * *] [Clauses (ii), (jj) and (kk) were deleted by Bombay 48 of 1950, Section 2(5).](ll)[ "market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruit, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other person;] [This clause was added by Bombay 5 of 1938, Section 2.](mm)[ "the [Brihan Mumbai Electric Supply and Transport Undertaking] [These clauses were added by Bombay 48 of 1948, Section 2.] means all undertakings acquired, organised, constructed, maintained, extended, managed or conducted by the corporation for the purpose of providing tramsways, trackless trams or mechanically propelled transport facilities for the conveyance of the public or for the purpose of supplying electrical energy to the public and includes all movable and immovable property and rights vested or vesting in the corporation for the purposes of every such undertaking;(nn)"the General Manager" means the General Manager of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] appointed under Section 60A and includes an acting General Manager appointed under Section 60B)].(oo)[ "Wards Committee" means a Wards Committee constituted under section 50TT; [Clauses (oo) and (pp) were added by Maharashtra 41 of 1994, Section 3(g).](pp)"Finance Commission" means the Finance Commission constituted in accordance with the provisions of Article 243-I of the Constitution of India;](qq)[ "Mayor" means the Mayor of the Corporation elected by the elected Councillors from amongst themselves under section 37(1); [Clauses (qq) to (tt) were added by Maharashtra 10 of 1998.](rr)[* * * *];(ss)[* * * *] [Clauses (rr) and (ss) were deleted by Maharashtra 27 of 1999, Section 2, (w.e.f. 23.4.1999).];(tt)"prescribed" means prescribed by rules made under this Act.](uu)[ "area", in relation to the Area Sabha, means an area determined under section 50TU; [Clauses (uu) to (xx) added by Maharashtra 21 of 2009, Section 2 dated 3-7-2009.](vv)"Area Sabha" means the body of all the persons registered in the electoral rolls pertaining to all polling booths in the area;(ww)"Chairperson of Area Sabha" means the Councillor of the concerned electoral ward;(xx)"Secretary of Area Sabha" means the Secretary of the Area Sabha appointed as such by the Corporation from amongst its officers not below the rank of Office Superintendent or for sufficient reasons, from any other suitable class of municipal employees.]
