Section 2 in Haryana Municipal Corporation Act, 1994
2. Definitions.
- In this Act, unless the context otherwise requires, -(1)[ "annual value" notwithstanding anything contained in any other law for the time being in force, means, - [Added by Haryana Act No 23 of 2003.](a)in the case of land, the gross annual rent -(i)to be calculated on the basis of fair rent fixed under the law relating to rent restriction for the time being in force; or(ii)where no fair rent referred to in item (i) is fixed, at which it is expected to be let or it is actually let, whichever is greater :Provided that, in the case of land assessed to land-revenue or any other tax in lieu thereof or of which the land-revenue has been wholly or in Part released, compounded for, redeemed or assigned, the annual value shall, if the State Government so directs, be deemed to be double the aggregate of the following amounts, namely :-(i)the amount of the land-revenue or any other tax in lieu thereof for the time being assessed on the land, whether such assessment is leviable or not; or when the land-revenue has been wholly or in Part compounded for or redeemed, the amount which, but for such composition or redemption, would have been leviable, and(ii)when the improvement of the land due to canal irrigation has been excluded from account in assessing the land-revenue, the amount of owner's rate or water advantage rate, or other rate imposed in respect of such improvement;(b)in the case of any land on which no building has been erected, but on which a building can be erected, and on any land on which a building is in the process of erection, five percent of the estimated market value of the land;(c)in the case of any house or building whether self occupied or tenanted, five per centum on the sum obtained by adding the estimated present cost of erecting the building, less such amount as the Government may deem reasonable to be deducted on account of depreciation, if any, to the estimated market value of the site and any land attached to the house or building :Provided that -(i)in the calculation of the annual value of any premises, no account shall be taken of any machinery thereon;(ii)the basis of assessing the present market value of the land, the cost of erecting the building and depreciation shall be such as may be decided by the Government. Different rates may be determined for different categories of building and land;(iii)if the actual annual rent received by the owner is higher than the annual value as determined, then the actual annual rent shall be deemed to be the annual value for the purpose of this Act;(iv)the annual value of the building so determined shall be subject to a deduction of ten percent for the cost of repairs and other expenses necessary for the proper maintenance of the building.(v)when a building is occupied by the owner under such exceptional circumstances as to render a valuation at five per centum on the cost of erecting the building, less depreciation, excessive, a lower percentage may be taken;](1A)"budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation 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 regulations made thereunder;(2)"building" means a shop, house, out-house, stable, latrine, urinal, shed, hut, well or any other structure whether of masonry, bricks, wood, mud, metal or other material and includes a well but does not include any portable shelter;(3)"bye-law" means a bye-law made under this Act, by notification in the Official Gazette;(3A)[ "Collector's rate" means the value of land assessed by the Deputy Commissioner every year by exercising his authority as District Collector or for the purpose of assessing the value of stamp duty at the time of registration of sale deeds of land;] [Added by Haryana Act No 23 of 2003.](4)"Commissioner" means the Commissioner of the Corporation, appointed by the State Government ;(4A)[ Competent authority means the joint Commissioner of Corporation;] [Inserted by Haryana Act No. 1 of 2007, dated 14.2.2007](5)"Corporation" means the Municipal Corporation declared and constituted under sections 3 and 4 of this Act;(6)"Corrupt practice" means any of the practices specified in section 22;(7)"Casual Vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a member or in any other elective office;(8)"dangerous disease" means -(a)cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal, meningitis and diphtheria; and(b)any other epidemic, endemic or infectious disease which the Commissioner may, by notification in the Official Gazette, declare to be dangerous disease for the purposes of this Act;(9)"dry latrine" means a latrine or privey from where night soil is removed through manual scavenging;(9A)[ "Director" Means the Director, Urban Local Bodies, Department, Haryana and includes any Other Officer for the time being appointed by the Government, by notification in the official Gazette, to exercise and perform all or any of the powers and functions of the Director under this Act and the rules made thereunder;] [Inserted by Haryana Act No. 12 of 2014, dated 1.4.2014](10)"District Judge" means the District Judge having jurisdiction in the Municipal area;(11)"Divisional Commissioner" means the Commissioner of the Division in which the Corporation is situated and includes any other officer appointed by the Government to perform all or any of the functions of the Divisional Commissioner under this Act;(12)"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 of sewage, offensive matter, polluted water, waste water, rain water or subsoil water;(13)"district" means a district in the State;(14)"entertainment" includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment;(15)"factory" means a factory as defined in the Factories Act, 1948;(16)"filth" includes offensive matter and sewage;(17)"Finance Commission" means the Finance Commission constituted by the State Government under Articles 243-I and 243-Y of the Constitution of India;(18)"goods" includes animals;(19)"Government" means the Government of the State of Haryana;(20)"house-gully" or "service passage" means a passage or strip of land constructed, set aPart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by Corporation employees or other persons employed in the cleaning thereof or in the removal of such matter therefrom;(21)"hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this Act;(22)"land" includes benefits that 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;(23)"licensed architect", "licensed draftsman", "licensed engineer", "licensed plumber", "licensed surveyor" and "licensed town planner" means respectively a person licensed under the provisions of this Act as an architect, draftsman, engineer, plumber, surveyor and town planner;(24)"member" means a member of the Corporation [and includes the Mayor] [Added by Haryana Act No. 27 of 2019, dated 18.7.2019.];(25)"municipal drain" means a drain vested in the Corporation;(26)"municipal market" means a market vested in or managed by the Corporation;(27)"municipal slaughter house" means a slaughter house vested in or managed by the Corporation;(28)"municipal water works" means water works vested in the Corporation;(29)"Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, specified by the Government by notification in the Official Gazette to be the metropolitan area for the purposes of this Act;(30)"Municipal area" means the territorial area of the Corporation declared under section 3 of this Act;(31)"municipality" means an institution of self-government constituted under section 2A of the Haryana Municipal Act, 1973, which may be a Municipal Committee or a Municipal Council or a Municipal Corporation;(32)"nuisance" includes any act, omission, place, animal 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;(33)"occupier" includes -(a)any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;(b)an owner in occupation of, or otherwise using his land or building;(c)a rent-fee tenant of any land or building;(d)a licensee in occupation of any land or building; and(e)any person who is liable to pay to the owner damages for the use and occupation of any land or building;(34)[-] [[Clause (34) omitted by Haryana Act No. 2 of 2000, it read as(34)'octroi' means a tax on the entry of goods into the limits of the Corporation for consumption, use or sale therein;]](35)"offensive matter" includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances, other than sewage;(36)[ "owner", - [Substituted by Haryana Act No 23 of 2003.](a)when used with reference to any building and land, includes -(i)the person who receives the rent thereof or who would be entitled to receive the rent thereof if the same were let;(ii)an agent or trustee who receives such rent on account of the owner;(iii)an agent or trustee who receives the rent of or is entrusted with or concerned for, any premises devoted to religious or charitable purposes;(iv)a receiver, 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;(v)a mortgagee in possession; and(b)when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or the boat;](37)"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 a building; and(b)any fittings affixed to a building or Part of a building for the more beneficial enjoyment thereof;(38)"prescribed" means prescribed by rules made under the Act;(39)"private street" means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners;(40)"private market" means a market which is not a municipal market;(41)"private slaughter house" means a slaughter house which is not a municipal slaughter house;(42)"public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not;(43)"public securities" means any securities of the Central Government or a State Government or any securities guaranteed by the Central Government or a State Government or any securities under this Act;(44)"public street" means any street which vests in the Corporation or which under the provisions of this Act becomes, or is declared to be a public street;(45)"population" means the population as ascertained at the last preceding census of which the relevant figures have been published;(46)"Railway administration" would have the same meaning as assigned to it in the Indian Railway Act, 1890 (Act 9 of 1890);(47)[-] [Omitted by Haryana Act No 23 of 2003, clause read as (47) 'reteable value' means the value of any land or building fixed in accordance with the provisions of this Act and the bye-laws made thereunder for the purpose of assessment to property taxes;](48)"regulation" means a regulation made by the Corporation under this Act, by notification in the Official Gazette;(49)"reside" -(a)a person shall be deemed to "reside" in any dwelling house 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 merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is liberty of returning to it at any time, and no abandonment of the intention of returning to it;(50)"rubbish" includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth;(51)"rural areas" means the Part of the Municipal area which immediately before their inclusion within the limits of the Municipal area were situated within the local limits of a Gram Panchayat but shall not include such portion thereof as may, by virtue of a notification under section 413 ceases to be included in the rural areas as herein defined;(51A)[ "Secretary" means the secretary to Government, Haryana, Urban Local Bodies Department;] [Inserted by Haryana Act No. 12 of 2014, dated 1.4.2014.](52)"sewage" means night-soil and other contents of latrines, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattle sheds and other like places, and includes trade effluents and discharges from manufacturing of all kinds;(52A)[ "Shamlat Deh" includes - [Clause (52A) inserted by Haryana Act No. 18 of 1999.](1)lands described in the revenue records as Shamlat Deh or Shamlat Tikkas;(2)lands described in the revenue records as Shamlat Tarafs, Pattis, Pannas or Tholas and used according to revenue records for common purposes or for the benefit of the community or Part thereof;(3)lands described as Banjar Qadim and used for common purpose according to revenue records;(4)lands used or reserved for the benefit of the community including streets, lanes, playgrounds, schools, drinking wells or ponds; and(5)lands belonging to the Gram Panchayat of a village the Abadi Deh of which has been included in a municipality and where the Panchayat consists of more than one village, the lands belonging to the Panchayat in respect of that village or villages, the Abadi Deh of which has been included in a municipality,but does not include land which -(i)has been allotted on quasi permanent basis to a displaced person;(ii)has been acquired under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Central Act 44 of 1954) or has been treated as evacuee property under the Administration of the Evacuee Property Act, 1950 (Central Act 31 of 1950) or is of composite nature in which evacuee and non- evacuee shares have not yet been separated;(iii)has been Partitioned and brought under cultivation by individual land-holders before the 26th January, 1970;(iv)having been acquired before the 26th January, 1970, by a person by purchase or in exchange for proprietary land from a co-sharer in the Shamlat Deh, is so record in the Jamabandi or is supported by a valid deed;(v)is described in the revenue records as Shamlat Tarafs, Pattis, Pannas or Tholas and is not used according to revenue records for common purpose or for the benefit of the community or a Part thereof;(vi)lies outside the Abadi Deh and is used as Gitwar, Bara, Manure-pit or house or for cottage industry;(vii)was Shamlat Deh, was assessed to land revenue and has been in the individual cultivating possession of co-sharers not being in excess of their respective shares in it on or before the 26th January, 1970;(viii)is used as a place of worship or for purpose sub-survient thereto; and(ix)belongs to the Gram Panchayat of a village the Abadi Deh of which has not been included in a municipality and where the Panchayat consists of more that one village, the lands, belonging to the Panchayat in respect of that village or villages, the Abadi Deh of which has not been included in municipality.](53)"shed" means a slight or temporary structure for shade or shelter;(54)"slaughter house" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption;(55)"street" means 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 person be occupiers of such buildings or not, but shall include any Part of such space which the occupier of any such building 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, up to the boundary of any abutting property not accessible to the public;(56)"State Election Commission" means the State Election Commission constituted by the State Government under Articles 243K and 243ZA of the Constitution of India;(57)"trade effluent" means any liquid either with or without Particles of matter in suspension therein, which is wholly or in Part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any grade or industry carried on at those premises, but does not include domestic sewage;(58)"trade premises" means any premises used or intended to be used for carrying on any trade or industry;(59)"trade refuse" means the refuse of any trade or industry;(60)"vehicle" includes a carriage, cart, van, dray, truck, hand- craft, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used in a street;(61)"ward" means a municipal ward of the Corporation made under sub-section (2) of section 4 for the purpose of election of a member;(62)"water course" includes any river, stream or channel whether natural or artificial;(63)"water works" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, main pipes, culverts, hydrants, stand-pipes and conduits and all lands, buildings, machinery, bridges and things used for, or intended for the purpose of supplying water;(64)"workshop" means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on;(65)"water-seal latrine" means a latrine with a minimum water-seal of 20mm in which excreta is pushed in or flushed by water and is not required to be removed by human agency;(66)"wards-committee" means a ward committee constituted under section 10 of this Act; and(67)"year" means a year commencing on the 1st day of April.
