- In this Act unless the context otherwise requires :-(1)"Ad hoc Committee" means an Ad hoc Committee constituted by a Municipality under section 67;(2)"Annual Value" means the value of any land or building fixed in accordance with the provisions of this Act and the regulations made thereunder for the purpose of assessment to property taxes;(3)"Audit Authority" means the Examiner, Local Fund Accounts, Punjab;(4)"Backward Classes" means such Backward Classes as the Government may, from time to time, by notification, declare;(5)"balance sheet" means the balance sheet of the Municipality prepared under section 160;(6)"budget estimate" means the budget estimate of the Municipality prepared under section 154;(7)"budget grant" means the total sum entered on the expenditure side of budget estimate under a major head and adopted by the Municipality and includes any sum by which such budget grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the rules and regulations made thereunder;(8)"building" means any shop, house, hut, outhouse, stable, a factory, an industrial shed and a temporary structure erected by means of tents and any other structure including structures raised for entertainment purposes whether roofed or not and whether used for the purposes of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever, and includes a wall and a well;(9)"Chief Officer of a Municipality" or "Chief Officer" means -(i)in relation to a Municipal Corporation, the Commissioner; and(ii)in relation to a Municipal Council or a Nagar Panchayat, the Executive Officer;(10)"City" means a larger urban area deemed to be a City under section 6;(11)"Class A smaller urban area", "Class B smaller urban area" and "Class C smaller urban area" means a smaller urban area classified as such by the Government under Section 10;(12)"Commissioner" means the Commissioner of the Municipal Corporation appointed under section 79;(13)"Councillor" means a member of Municipal Corporation referred to in clause (35);(14)"Dangerous disease" means -(i)Cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis, diphtheria, dengue fever, acquired immuno deficiency syndrome (AIDS), hepatitis B and C, cerebral malaria and viral pneumonia; and(ii)any other epidemic, endemic or infectious disease which the Government may, in relation to any municipal area or group of municipal areas, by notification, declare to be a dangerous disease for the purpose of this Act;(15)"Debenture" means the debenture referred to in Section 146;(16)"Deputy Commissioner" means the Deputy Commissioner of the district and includes an Additional Deputy Commissioner or any other person authorised by the Government to perform the functions of the Deputy Commissioner under this Act;(17)"Deputy Mayor" means the Deputy Mayor of a Municipal Corporation elected under section 23;(18)"Director" means the officer appointed by the Government to perform the functions of the Director, Local Government, under this Act, and includes an Additional Director, Local Government, a Joint Director, Local Government, or any other officer of the Government authorised by it to perform the functions of the Director, under this Act;(19)"Divisional Commissioner" means the Commissioner of the Division in which the Municipal Corporation is situated;(20)"electoral roll" means the electoral roll for the municipal area prepared in accordance with the provisions of the Punjab State Election Commission Act, 1994 (Punjab Act 19 of 1994);(21)"Establishment Schedule" means the Establishment Schedule of the Municipality prepared under section 154;(22)"Executive Officer" means the Executive Officer of a Municipal Council or a Nagar Panchayat, as the case may be;(23)"ex-officio member" means a member referred to in Clause (b) of section 18, or clause (b) of section 35, or clause (b) of section 52, as the case may be;(24)"Finance Commission" means the Punjab Finance Commission constituted under sub-section (1) of section 3 of the Punjab Finance Commission for Panchayats and Municipalities Act, 1994 (Punjab Act 8 of 1994);(25)"Financial statement" means the financial statement of the Municipality prepared under section 159;(26)"Government" means the Government of the State of Punjab;(27)"Hazardous process" means the hazardous process defined in Clause (cb) of section 2 of the Factories Act, 1948 (Act 63 of 1948);(28)"highly polluting industry" means such industry as the Government may, having regard to the nature of pollution caused by it, by notification, declare to be a highly polluting industry;(29)"Industrial Township" means the area specified as such under the first proviso to sub-section (1) of section 17 or under the first proviso to sub-section (1) of section 34 or under the first proviso to sub-section (1) of section 51, as the case may be;(30)"land" includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;(31)"Larger urban area" means a larger urban area specified as such under section 5;(32)"Local Authority" includes a Municipal Corporation, or a Municipal Council or a Nagar Panchayat constituted under this Act, a Gram Panchayat, a Panchayat Samiti and a Zila Parishad constituted as such under the Punjab Panchayati Raj Act, 1994 (Punjab Act 9 of 1994), and a Town Improvement Trust constituted as such under the Punjab Town Improvement Act, 1922 (Punjab Act 4 of 1922), as the case may be;(33)"market value" means in the case of a land the present value of the land and in the case of a building, the estimated cost of erecting the building as assessed under this Act, and the rules or regulations made thereunder;(34)"Mayor" means the Mayor of a Municipal Corporation elected under section 23;(35)"Member" in relation to a Municipal Corporation or a Municipal Council or a Nagar Panchayat means a member thereof and includes elected, ex officio and nominated members;(36)"misconduct" means violation of the Code of Conduct prescribed by rules;(37)"multi-storeyed building" means a building consisting of four storeys and above or a building exceeding an height of twelve metres irrespective of the number of its storeys;(38)"Municipal Accounts Committee" in relation to a Municipal Corporation or a Class 'A' Municipal Council, means the Municipal Accounts Committee constituted under section 167;(39)"Municipal Area" means the territorial area of a Municipal Corporation, or a Municipal Council or a Nagar Panchayat, as the case may be;(40)"Municipal Assessment Book" means the Municipal Assessment Book maintained under section 196;(41)"Municipal Corporation" means a Municipal Corporation constituted under section 17 for a larger urban area and includes the Municipal Corporation duly constituted under the Punjab Municipal Corporation Act, 1976, existing immediately before the commencement of this Act;(42)"Municipal Council" means a Municipal Council constituted under section 34 for a smaller urban area and includes the Municipal Council duly constituted under the Punjab Municipal Act, 1911, existing immediately before the commencement of this Act;(43)"Municipal Fund" means the Municipal Fund constituted under section 137;(44)"Municipal Property Tax Committee" means the Municipal Property Tax Committee constituted under section 187;(45)"Municipal Services" means the Municipal Services constituted under section 108;(46)"Municipality" means an institution of self-government and defined as -(i)a Municipal Corporation in clause (41);(ii)a Municipal Council in clause (42); and(iii)a Nagar Panchayat in clause (47);(47)"Nagar Panchayat" means a Nagar Panchayat constituted under section 51, and includes the Nagar Panchayat duly constituted under the Punjab Municipal Act, 1911 existing immediately before the commencement of this Act;(48)"Nationalised Bank" means a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act 5 of 1970);(49)"non-residential building" means any building referred to in clauses (b) to (i) of sub-section (2) of section 398;(50)"notification" means a notification published in the Official Gazette of the Government;(51)"Nuisance" includes any act, omission or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, hearing or which is or may be dangerous to the life or injurious to health or property;(52)"occupier" includes any person for the time being paying or liable to pay to the owner the rent or fee or contractual payment of adjustment of rent or fee or any portion thereof or damages on account of the occupation of any 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;(53)"Official Gazette" means the Official Gazette of the State of Punjab;(54)"owner" includes the person for the time being receiving the rent of any land or building or any part thereof, 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 any part thereof were let to a tenant;(55)"other employees" means the employees including Clerks, lower in rank to the posts contained in the Municipal Services constituted under section 108;(56)"population" means the population as ascertained at the last preceding census of which the relevant figures have been published;(57)"premises" means any land or building or part of a building and includes -(a)the garden, ground and out-houses, if any, appertaining to a building, or part of building; and(b)any fitting affixed to a building or part of a building for the more beneficial enjoyment thereof;(58)"prescribed" means prescribed by rules made under this Act;(59)"President" means the President of a Municipal Council or of a Nagar Panchayat, as the case may be;(60)"Proceedings Books" means the Proceedings Book maintained under section 84;(61)"public street" means any street which vests in the Municipality as a public street or the soil below the surface of which vests in the Municipality or which under the provisions of this Act becomes, or is declared to be a public street;(62)"Region" means an area declared as such in the State for the purpose of administration of the Municipalities;(63)"Regional Deputy Director, Local Government" means the officer appointed by the Government to perform the functions of the Regional Deputy Director, Local Government, under this Act;(64)"regulation" means a regulation made by the Municipal Corporation or the Municipal Council or the Nagar Panchayat, as the case may be, under this Act;(65)"residential building" means a residential building referred to in clause (a) of sub-section (2) of section 398;(66)"revenue generated from tax and other sources" in, -(a)clause (ii) of the proviso of sub-section (1) of section 3;(b)clause (ii) of the proviso to sub-section (1) of section 8; and(c)clause (ii) of the proviso to sub-section (1) of section 13,shall not include -(i)the taxes distributed to the Municipalities under section 177;(ii)loans and grants from the Government; and(iii)loans and grants from the Government of India or any other institution or source;(67)"rule" means a rule made by the Government under this Act;(68)"Scheduled Caste" means the Scheduled Caste specified in respect of the State of Punjab in the Constitution (Scheduled Caste) Order, 1950, for the time being in force;(69)"Secretary" means the Secretary of a Municipal Corporation, appointed under section 84;(70)"section" means a section of this Act;(71)"Senior Deputy Mayor" means the Senior Deputy Mayor of a Municipal Corporation, elected under section 23;(72)"Senior Vice-President" means the Senior Vice-President of a Class 'A' or a Class 'B' Municipal Council, as the case may be;(73)"smaller urban area" means the smaller urban area specified as such under section 9;(74)"Standing Committee" means, -(i)the Standing Committee of a Municipal Corporation constituted under Section 20; or(ii)the Standing Committee of a Class 'A' or Class 'B' Municipal Council constituted under section 37,as the case may be;(75)"State Election Commission" means the Election Commission established under section 3 of the Punjab State Election Commission Act, 1994 (Punjab Act 19 of 1994);(76)"street" shall mean any road, footway, square, court, alley, gully or passage, accessible, whether permanently or temporarily to the public, and whether a thoroughfare or not; and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings abut thereon, and if it is used by any persons as means of access to or from any public place or thoroughfare, whether such persons be occupiers of such building or not, but shall not include any part of such space which the occupier of any such buildings has right at all hours to prevent all other persons from using as aforesaid, and shall include also the drains or gutters therein, or on either side, and the land, whether covered or not by any pavement, verandah or other erection, upto the boundary of any abutting property not accessible to the public;(77)"Subject Committee" means the Subject Committee of a Municipal Corporation or a Class A Municipal Council constituted under section 66;(78)"trade effulent" includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any industry, operation or process, or treatment and disposal system other than domestic sewage;(79)"transitional area" means a transitional area specified as such under section 14;(80)"utility agency" means any utility agency which provides service of any kind to the public including any department of Government of India or the State Government, any public sector undertaking or private organisation;(81)"valuation register" means the valuation register maintained under section 186;(82)"Vice President" means the Vice-President of a Municipal Council or of a Nagar Panchayat, as the case may be;(83)"ward" means a territorial constituency provided under section 54;(84)"Wards Committee" means a Wards Committee constituted under section 64; and(85)"year" means a year commencing on the first day of April of a calendar year and ending on the 31st day of March, of the succeeding calendar year.
