Section 2 in The Maharashtra Municipal Corporations Act, 1949
2. Definitions. - In this Act, unless there be something repugnant in the subject or context, -
(1)"Appendix" means an Appendix to this Act;(2)[* * * * * *][(2A) "approved co-operative bank" means such co-operative Bank registered or deemed to be registered under the [Bombay Co-operative Societies Act, 1925], as may be approved by the State Government by general or special order;][(2A-1) "area", in relation to the Area Sabha, means an area determined under section 29B;(2A-2) "Area Sabha" means the body of all the persons registered in the electoral rolls pertaining to all polling booths in the area;][(2B) "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 the City;(2C)"Assembly roll" means the electoral roll prepared for any Assembly constituency in accordance with the provisions of the Representation of the People Act, 1950;](3)"backery or bake-house" means any place in which bread, biscuits or confectionery are baked, cooked or prepared in any manner whatsoever for the purposes of sale or profit;[(3A) "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;](4)"budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head as prescribed by rules and adopted by the corporation, and includes any sum by which such budget grant may be increased or reduced by a transfer from or to other heads in accordance with the provisions of this Act and rules;(5)"building" includes a house, out-house, stable, shed, but and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, doorsteps, walls including compound walls and fencing and the like;[(5A) "business" includes, -(a)any trade, commerce, profession, consumption or manufacture or any adventure or concern in the nature of trade, commerce, profession, consumption or manufacture, whether or not such trade, commerce, profession, consumption, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, profession, consumption, manufacture, adventure of concern and whether or not there is any volume, frequency, continuity or regularity in such trade, commerce, profession, consumption, manufacture, adventure or concern;(b)any transaction in connection with, or incidental or ancillary to, such trade, commerce, profession, consumption, manufacture, adventure or concern, whether or not such transaction is in respect of capital assets and whether or not it is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction, and whether or not, there is any volume, frequency, continuity or regularity in such transaction;(c)any occasional transaction in the nature of such trade, commerce, profession, consumption, manufacture, adventure or concern involving import, purchase or sale of goods in the City, whether or not there is any volume, frequency, continuity or regularity to such transaction and whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction;(d)any transaction in connection with, or incidental or ancillary to, the commencement or closure of such trade, commerce, profession, consumption, manufacture, adventure or concern, whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction.Explanation. - For the purposes of this clause, the activities of raising of man-made forests or rearing of seedlings or plants shall be deemed to be a business;](6)"bye-law" means a bye-law made under Section 458;[(6A) ***](7)"cesspool" includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;[(7A) "Chairperson of Area Sabha" means the Councillor of the concerned electoral ward;][(8) "City" means the larger urban area specified in a notification issued in respect thereof under clause (2) of article 243-Q of the Constitution of India or under sub-section (2) of section 3 of the Act, [forming a City, and in respect of the City of Nagpur means, the area comprised in the City of Nagpur on the date of commencement of the Bombay Provincial Municipal Corporations (Amendment) and the City of Nagpur Corporation (Repeal) Act, 2011].](9)"the Commissioner" means the Municipal Commissioner for the City appointed under section 38 and includes an acting Commissioner appointed under section 39;[(10) "Corporation" means the Municipal Corporation constituted or deemed to have been constituted for a larger urban area known as a City;][(11) "Councillor" means a person duly elected as a member of the Corporation; and includes a nominated Councillor who shall not have the right, -(i)to vote at any meeting of the Corporation and Committees 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;](12)"cubical contents" when used 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 storey or where the building consists of one storey only, the upper surface of its floor;(13)"dairy" includes any farm, cattle-shed, milk store, milk shop, or other place from which milk is supplied for sale or in which milk is kept for the purposes of sale or manufactured into butter, ghee, cheese, curds or dried or condensed milk for sale and in the case of a dairyman who does not occupy any place for the sale of milk, includes the place where he keeps the vessels used by him for the sale of milk but does not include a shop or other place in which milk is sold for consumption on the premises only;(14)"dairyman" includes the keeper of a cow, buffalo, goat, ass or other animal the milk of which is offered or intended to be offered for sale for human consumption, and any surveyor of milk and any occupier of a dairy;(15)"dairy produce" includes milk, butter, ghee, curd, butter milk, cream, cheese and every product of milk;(16)"dangerous disease" means cholera, plague, small-pox or any other epidemic or infectious disease by which the life of human beings is endangered and which the Corporation may from time to time by public notice declare to be a dangerous disease;[(16A) "dealer" means any person who whether for commission, remuneration or otherwise imports, buys or sells any goods in the City for the purpose of his business or in connection with or incidental to his business, and includes, -(a)a factor, broker, commission agent, del credere agent or any other mercantile agent, by whatever name called, and whether or not of the same description as hereinbefore specified who buys, sells, supplies, distributes or imports any goods in the City, belonging to any principal or principals whether disclosed or not;(b)an auctioneer, who sells or auctions goods in the City, belonging to any principal whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal;(c)the Central Government or any State Government which (whether or not while carrying on business) buys, sells, supplies, distributes or imports goods directly or otherwise, for commission, remuneration or otherwise;(d)a society, club or other association of persons (whether incorporated or not) which, whether while carrying on business or not, imparts, buys, sells, supplies or distributes goods whether for or on behalf of its members or not, for cash or for deferred payment or, for commission, remuneration or otherwise.Explanation. - For the purposes of this clause, -(A)a manager or agent of a non-resident dealer residing in the City who imports, buys, sells, supplies or distributes goods in the City or acts on behalf of such dealer as -(a)a mercantile agent as defined in the Sale of Goods Act, 1930, or(b)an agent for handling of goods or documents of title relating to goods, or(c)an agent for the collection or the payment for the sale price of goods shall be deemed to be a dealer or as a guarantor for such collection or payment;(B)each of the following persons and bodies who disposes of any goods including goods as unclaimed or confiscated or as unserviceable or as scrap, surplus, old obsolete or discarded material or waste products whether by auction or otherwise directly or through an agent for cash, or for deferred payment, or for any other valuable consideration, shall, notwithstanding anything contained in clause (5A) or any other provisions of this Act, be deemed to be a dealer, namely :-(a)Port Trusts;(b)Municipal Corporations, Municipal Councils, Zilla Parishads and other local authorities;(c)Railway administration as defined under the Indian Railways Act, 1890;(d)Shipping, transport and construction companies;(e)Air transport companies and Airlines;(f)Transporters, holding permit for transport vehicles granted under the Motor Vehicles Act, 1988 which are used or adapted to be used for hire or reward;(g)Maharashtra State Road Transport Corporation constituted under the Road Transport Corporations Act, 1950;(h)Customs Department of the Government of India administering the Customs Act, 1962;(i)Insurance and Financial Corporations, or Companies and Banking Companies;(j)Advertising agencies;(k)any other Corporations, Company, Body or Authority owned or set-up by, or subject to administrative control of, the Central Government or any State Government,Exception. - (i) Any individual who imports goods for his exclusive consumption or use and a department of State or Central Government not engaged in business shall not be a dealer;(ii)An agriculturist who sells exclusively agricultural produce grown on the land cultivated by him personally, shall not be deemed to be a dealer within the meaning of this clause;][(16B) "Designated Officer" means an officer designated under sub-section (1) of section 260;](17)"drain" includes a sewer, tunnel, pipe, ditch, gutter or channel and any cistern, flush-tank, septic tank or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, rain water, or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place;(18)"eating house" means any premises to which the public or any sections of the public are admitted and where any kind of food is prepared or supplied for consumption on the premises or elsewhere for the profit or gain of any person owning or having an interest in or managing such premises;(19)"essential services" means services in which any municipal officer, servant or other person is employed by or on behalf of the Corporation and which are specified in the rules;(20)"factory" means a factory as defined in the Factories Act, 1948;(21)"filth" includes sewage, night soil and all offensive matter;[(21A) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of Article 243-I of the Constitution of India;](22)"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 matter and spices and condiments;(23)"form" means a form appended to the rules;(24)"frame building" means a building the external walls of which are constructed of timber framing or iron framing, and the stability of which depends on such framing;(25)"goods" includes animals;(26)"house-drain" means any drain of, and used for the drainage of, one or more buildings or premises and made merely for the purpose of communicating therefrom with a municipal drain;(27)"house-gully" or "service passage" means a passage or strip of land constructed, set apart or utilised 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 servants or to persons employed in the cleansing thereof or in the removal of such matter therefrom;(28)"hut" means any building which is constructed principally of wood, mud, leaves, grass, cloth or thatch and includes any temporary structure of whatever size or any small building of whatever material made which the Corporation may declare to be but for the purposes of this Act;[(28A) "importer" means a person who brings or causes to be brought any goods into the limits of the City from any place outside the area of the City for use, consumption or sale therein;](29)"the Judge" means in the [City of [Pune] the Judge of the Court of Small Causes, and in any other City the Civil Judge (Senior Division) having jurisdiction in the City](30)"land" includes land which is being built 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;[(30A) "larger urban area" means an area specified as a larger urban area in a notification issued under clause (2) of Article 243-Q of the Constitution of India or under the Act.](31)"licensed plumber", "licensed surveyor", "licensed architect", "licensed engineer", "licensed structural designer" and "licensed clerk of works" respectively means a person licensed by the Corporation as a plumber, surveyor, architect, engineer, structural designer or a clerk of works under this Act;[(31-A) ***](33)"market" includes any place where persons assembly for the sale of, or for the purpose of exposing for sale, live-stock or food for live-stock or 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;(34)"masonry building" means any building other than a frame building or a but and includes any structure a substantial part of which is made of masonry or of steel, iron or other metal;(35)"municipal drain" means a drain vested in the Corporation;(36)"municipal market" means a market vested in or managed by the Corporation;(37)"municipal slaughterhouse" means a slaughter house vested in or managed by the Corporation;(38)"municipal tax" means any impost levied under the provisions of this Act;(39)"municipal water-works" means water-works belonging to or vetting in the Corporation;(40)"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 which is or may be dangerous to life or injurious to health or property;(41)"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 living in or otherwise using his land or building;(c)a rent-free tenant;(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.[(42) ***](43)"offensive matter" includes animal carcasses, dung, dirt and putrid or putrifying substances other than sewage;(44)"official year [or year]" means the year commencing on the first day of April;(45)"owner" means, -(a)when used with reference to any premises, the person who receive 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,(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,(iii)a receiver, sequestrator 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, and(iv)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 boat;(46)"premises" includes messuages, building and lands of any tenure whether open or enclosed, whether built on or not and whether public or private;[(46A) "prescribed" means prescribed by rules;](47)"private street" means a street which is not a public street;(48)"privy" means a place set apart for defecating or urinating or both together with the structure comprising such place, the receptacle therein for human excreta and fittings and apparatus, if any, connected therewith, and includes a closet of the dry type, an aqua privy, a latrine and a urinal;(49)"property tax" means a tax on buildings and lands in the City;(50)"public place" includes any public park or garden or any ground to which the public have or are permitted to have an access;(51)"public securities" means, -(a)securities of the Central Government or any [State] Government,(b)securities, stocks, debentures or shares of the interest whereon has been guaranteed by the Central or the [State] Government,(c)debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of [the territory of India](d)securities expressly authorised by any order which the [State] Government makes in this behalf;(52)"public street" means any street, -(a)heretofore levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public fund, or(b)which under the provisions of section 224 is declared to be, or under any other provision of this Act becomes, a public street;(53)"rack rent" means the amount of the annual rent for which the premises with reference to which the term is used might reasonably be expected to let from year to year as ascertained for the purpose of fixing the rateable value of such premises;(54)"rateable value" means the value of any building or land fixed in accordance with the provisions of this Act and the rules for the purpose of assessment to property taxes;[(54A) "registered dealer "means a dealer registered under section 152F;](55)"regulation" means a regulation made under section 465;(56)(a)a person is deemed to "reside" in any dwelling which, or some, portion of which, he sometimes uses, whether interruptedly or not as a sleeping apartment, and(b)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 to it;(57)"rubbish" includes dust, ashes, broken bricks, mortar broken glass, garden or stable refuse and refuse of any kind which is not offensive matter or sewage;(58)"rules" include rules in [Schedule D] and rules made under sections 454 and 456;[(59) "Schedule" means Schedule appended this Act;][(59A) "scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934;][(59B) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be the Scheduled Castes in relation to the State of Maharashtra under Article 341 of the Constitution of India;(59C)"Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be the Scheduled Tribes in relation to the State of Maharashtra under Article 342 of the Constitution of India;][(59D) "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 the Office Superintendent or for sufficient reasons, from any other suitable class of municipal employees;](60)"sewage" means night-soil and other contents of water closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bath-rooms, stables, cattle-sheds and other like places, and includes trade effluent and discharges from manufacturers of all kinds;(61)"special fund" means a fund constituted under section 91;(62)"standing order" means an order made under section 466;[(62A) "State Election Commission" means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (1) of Article 243-K of the Constitution of India;](63)"street" includes any highway, and any causeway, bridge, viaduct, arch, road, lane, footway, sub-way, court, alley or riding path or passage, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a period of twenty years, and, when there is a footway as well as a carriage way in any street, the said term includes both;(64)"sweetmeat shop" means any premises or part of any premises used for the manufacture, treatment or storage for sale, or for the sale, wholesale or retail of any ice-cream, confections or sweetmeats whatsoever, for whomsoever intended, and by whatsoever name the same may be known, and whether the same be for consumption on or outside the premises;(65)"theatre tax" means a tax on amusements or entertainments;(66)"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 trade or industry carried on at those premises, but does not include domestic sewage;(67)"trade premises" means any premises used or intended to be used for carrying on any trade or industry;(68)"trade refuse" means and includes the refuse of any trade, manufacture or business;(69)"Transport Manager" means the Transport Manager of the Transport Undertaking appointed under section 40 and includes an acting Transport Manager appointed under section 41;(70)"Transport Undertaking" means all undertakings acquired, organised, constructed, maintained, extended, managed or conducted by the Corporation for the purpose of providing mechanically propelled transport facilities for the conveyance of the public and includes all movable and immovable property and rights vested or vesting in the Corporation for the purposes of every such undertaking;[(70-A to 70-C) ***;](71)"vehicle" includes a carriage, a cart, van, truck, hand-cart, bicycle, tricycle, motor car, and every wheeled conveyance which is used or is capable of being used on a street;[(71A) "wards committee" means a Wards Committee constituted under section 29A of this Act;](72)"water closet" means a closet which has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action;(73)"water connection" includes -(a)any tank, cistern, hydrant, stand-pipe, meter or tax situated on a private property and connected with water-main or pipe belonging to the Corporation, and(b)the water-pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water-main or pipe;(74)"water-course" includes any river, stream, or channel whether natural or artificial;(75)"water for domestic purposes" shall not include water for cattle, or for horses, or for washing vehicles, when the cattle, horses or vehicles are kept for sale or hire, or by a common carrier, and shall not include water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental or mechanical purposes;(76)"water-work" includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice, main-pipe, culvert, engine, water-truck, hydrant, stand-pipe, conduit, and machinery, land, building or thing for supplying or used for supplying water or for protecting sources of water supply.[3. Specification of larger urban areas and constitution of corporations.] - [(1) The Corporation for every City constituted under this Act existing on the date of coming into force of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1994, specified as a larger urban area in the notification issued in respect thereof under clause (2) of Article 243-Q of the Constitution of India, shall be deemed to be a duly constituted Municipal Corporation for the larger urban area so specified forming a City, known by the name "The Municipal Corporation of the City of....";[(1A) The Corporation of the City of Nagpur incorporated under the City of Nagpur Corporation Act, 1948 for the larger urban area specified in the Notification issued in this respect under clause (2) of article 243-Q of the Constitution of India shall, on and from the date of coming into force of the Bombay Provincial Municipal Corporations (Amendment) and the City of Nagpur Corporation (Repeal) Act, 2011, be deemed to have been constituted under this Act and accordingly the provisions of this Act shall apply to the area of the City of Nagpur.](2)Save as provided in sub-section (1), the State Government may, having regard to the factors mentioned in clause (2) of Article 243-Q of the Constitution of India, specify by notification in the Official Gazette, any urban area with a population of not less than three lakhs as a larger urban area;(2A)Every larger urban area so specified by the State Government under subsection (2) shall form a City and there shall be a Municipal Corporation for such larger urban area known by the name of the Municipal Corporation of the City of...... ;](3)[(a) [Subject to the provisions of sub-section (2), the State Government] may also from time to time after consultation with the Corporation by notification in the Official Gazette, alter the limits specified for any [larger urban area] under sub-section (1) or sub-section (2) so as to include therein, or to exclude therefrom, such area as is specified in the notification.][(b) Where any area is included within the limits of the [larger urban area] under clause (a), any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under this Act or any other law, which are for the time being in force in the [larger urban area] shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise provided in section 129A or any other provision of this Act, apply to and be in force in the additional area also from the date that area is included in the City.](4)The power to issue a notification under this section shall be subject to the condition of previous publication:[Provided that, where the population of any urban area, in respect of which a Council has been constituted under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as per the latest census figures has exceeded three lakhs, the State Government may, for the purpose of constituting a Corporation under this Act for such urban area, with the same boundaries, dispense with the condition of previous publication of the notification under this section.]
