- In this Act, unless there is anything repugnant in the subject or context,-(1)"building" includes-(a)a house, outhouse, stable, latrine, godown, shed, hut, wall (other than a boundary wall not exceeding six feet in height) or other structure for whatsoever purpose and of whatsoever material constructed and every part thereof, whether used as a human habitation or not and includes well, drainage work, fixed platforms, verandah, plinth, doorstep, compound or boundary wall over six feet in height and such like, and any work connected therewith;(b)a structure on wheels or simply resting on the ground without foundations; and(c)a vessel, both, tent van, and any other such structure used for human habitation;(2)"Board" means the [State] [Substituted by A.O. 1950 for 'Provincial'.] Board of Health constituted under Section 4;(3)"cattle" includes elephants, camels, mules, asses, horses, cows, bulls, bullocks, buffaloes, sheep, goats and pigs and the young ones of these species;(4)"dairy" includes-(a)any farm, cattle shed, milk store, milk-shop, or other place from which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butter, ghee, cheese, cream, curds, buttermilk, or dried, sterilized or condensed milk;Explanation :-A confectioner's shop where milk, curd, "rubdi", "khoa" or other milk products are kept, stored and sold is a dairy within the meaning of this definition;(b)in relation to a dairyman who does not occupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage or sale of milk, but does not include-(i)a shop or place in which milk is sold for consumption on the premises only, or(ii)a shop or place from which milk is sold or supplied for sale in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or place;(5)"dairyman" includes any person who sells milk whether wholesale or retail;(6)"drain" means a house-drain or a drain of any other description, and includes a sewer, tunnel, culvert, ditch, open or covered, channel or any other device for carrying off sullage, sewage, offensive matter, polluted water, rain-water, or subsoil water, together with "pail depots," traps, sinks, cisterns, Hushing tanks and fitting appertaining thereto;(7)"drug" includes all medicines for internal or external use of human beings or animals, and all substances intended to be used for the treatment, mitigation or prevention of diseases in human beings or animals;(8)"dwelling house" means a building constructed, used or adapted to be used, wholly or principally, for human habitation or in connection therewith;(9)"Executive Authority" in relation to a local authority means any office-bearer or officer who is entrusted with general executive powers by or under the Act creating such local authority and where any such Act does not make any provision in this behalf, such office-bearer or officer as the State Government may prescribe;(10)"Executive Officer" means paid officer, if any, of the local authority who is vested with general executive powers in the local area for which such authority is constituted under any enactment for the time being in force;(11)"factory" means any premises including the precincts thereof, wherein twenty or more workers are working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on but does not include a mine, subject to the operation of the [Indian Mines Act, 1923] [See now the Mines Act, 1952 (35 of 1952).] (IV of 1923);(12)"filth" means-(a)nightsoil and other contents of latrines, cesspools, drains, ashpits and dustbins;(b)dung, stable or cowshed litter, kitchen and other domestic waste products or refuse, street refuse and the refuse or useless or offensive material thrown out in consequence of any process of manufacture, industry or trade;(c)putrid and putrefying substances;(13)"food" includes every article consumed or 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 flavouring matters and condiments;(14)[***] [Omitted by M.P. Act No. 23 of 1958.](15)"Health Officer" means any qualified Medical Officer appointed by Government or local authority to act in that capacity; .(16)"house drain" means any drain actually used, or intended to be used, for drainage of one or more premises;(17)"hut" means any building which is constructed principally of wood, mud, leaves, grass, thatch, or metallic sheets, and includes any temporary structure of whatever size, or any small building of whatever material which the local authority may declare to be a hut for the purposes of this Act;(18)"infectious disease" means an infectious disease as defined in Section 50;(19)"latrine" includes earth closet, pail closet, water closet, pit or trench used for calls of nature, septic tank, latrine and urinal whether public or private;(20)"local area" means the area within the jurisdiction of a local authority;(21)[ "local authority" means any Municipal Corporation, Municipal Committee, Notified Area Committee, Town Committee, District Board, Janpada Sabha, Mandal Panchayat, Kendra Panchayat, Gram Sabha, Gram Panchayat, Village Panchayat or other local authority which may be entrusted by an enactment with the municipal administration of any local area;] [Substituted by M.P. Act No. 23 of 1958.](22)"lodging house" means a hotel, a boarding house, a sarai, dharamshala or rest house not maintained by the Government or a local authority, and unlicensed emigration depot, or any place where casual visitors are received and provided with sleeping accommodation, with or without food, on payment, but does not include-(a)a student's hostel under public or recognized control, or(b)a house licensed under Section 135 for accommodating visitors to a fair or festival, or(c)retiring rooms provided in railway premises for the use of passengers or railway servants;(23)"milk" means the milk of a cow, buffalo, goat, ass or other animal and includes cream, skimmed milk, separated milk, and condensed, sterilized or desiccated milk, or any other product of milk;(24)"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 the health or property of the public or the people in general who dwell or occupy property in the vicinity or persons who may have occasion to use any public right;(25)"occupier" includes-(a)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 or part of the same in respect of which the word is used or damages on account of the occupation of such land, building or part thereof; and(b)a rent-free occupant;(26)"offensive matter" includes-(a)filth;(b)sewage; and(c)dirt, house sweepings, spittings (including chewed betel and tobacco), kitchen or stable refuse, broken glass or pottery, debris and waste paper;(27)"offensive trade" means any trade in which the substances dealt with are, or are likely to become a nuisance;(28)"owner" includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate or for any religious or charitable purposes, the rent or profits of the property in connection with which the word is used;(29)"prescribed" means prescribed by rules made under this Act;(30)"street" means a public or private street;(31)"public street" means any street or road, square, court, alley, land, passage or riding path, whether a thoroughfare for not, heretofore levelled, paved, metalled, chanelled, sewered or repaired by a local authority or over which the public have 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 the land whether covered or not by any payment, verandah, or other structure which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property belonging to [the Central Government or the State Government] [Substituted by A.O. 1950.];(32)"private street" means a street which is not a public street;(33)"sewage" means nightsoil and other contents of latrines, cesspools or drains and includes trade effluents and discharges from manufactories of all kinds;(34)"urban local area" means the area within the jurisdiction of an urban local authority;(35)"urban local authority" means-(a)a municipal corporation;(b)a municipal committee;(c)a notified area committee;(d)[any other local authority] [Substituted by M.P. Act No. 23 of 1958.] notified by the State Government as an urban local authority for the purposes of this Act, so long as the notification remains in force;(36)"venereal disease" means syphilis, gonorrhoea, soft chancre, venereal granuloma or lymphogranuloma;(37)"water course" includes any river, stream or channel, whether natural or artificial, other than a drain;(38)"workplace" means any premises including the precincts thereof (not being a factory or a workshop) wherein is carried on any industrial, manufacturing or trade process, at which not less than five persons are employed for wages or any other remuneration;(39)"workshop" means any premises including the precincts thereof (not being a factory) wherein any article or part of an article is made, repaired, altered, ornamented, finished or otherwise adapted for use on a commercial basis and not less than five persons are employed for that purpose for wages or any other remuneration.
