- In this Act, unless there is something repugnant in the subject or context. -(1)[ "annual value" means - [Substituted by Punjab Amending Act 11 of 1994.](a)in the case of land or building which is in the occupation of a tenant, the gross annual rent at which the land or building has actually been let:Provided that in the event of increase in the rent, the Committee may make corresponding increase in the annual value :Provided further that where the land or building has been let by the owner to any of his relations, and the Committee is of the opinion that the rent fixed does not represent the true rent, the rent fixed under the agreement of lease shall not be taken into consideration and the annual value shall be determined in accordance with the principles contained in clause (b);(b)in the case of land or building which is occupied by the owner, the annual value shall be five per cent on the sum obtained by adding the present market value of the land and estimated cost of erecting the building less ten per cent depreciation :Provided that in the calculation of annual value of any land and building, no account shall be taken of the furniture or machinery thereon ;(c)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, the annual value shall be fixed at five per cent of the estimated market value of such land ;(d)in the case of any land on which no building has been erected but on which a building can be erected, or which is partially built and is being used by erecting tents, temporary structures for the purpose of accommodating marriage parties, circus shows or for any entertainment purposes or such other purpose as may be specified in this behalf by the Committee with the previous sanction of the State government the annual value shall be twenty per cent of the estimated market value of such land;](2)[ "building" means any shop, house, hut, outhouse, stable, a fAct No.ory, an industrial shed and a temporary structure erected by means of tents and 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, thatched, metal or any other material whatever, and includes a wall and a well;] [Substituted by Punjab Act No. 11 of 1994.](3)"bye-laws" and "bye-law" means respectively the regulations made or to be made by the committee at a special meeting under the authority of this Act and any of such regulations.(4)"committee" means a Municipal Council or a Nagar Panchayat, as the case may be, constituted under section 12 of this Act;(4a)[] [Old (4a) omitted by Act No. 11 of 1994 and old 4(b) renumbered as 4a.] "Deputy Commissioner" or "Deputy Commissioner of the District" includes Additional Deputy Commissioner, Joint Deputy Commissioner or any person or persons at any time appointed by the State Government to perform in any district or districts the functions of a Deputy Commissioner under this Act:(4b)[] [Old 4a omitted by Punjab Act No. 11 of 1994 and old 4b renumbered as 4a.] "District Planning Committee" means a Committee constituted under Article 243 ZD of the Constitution of India;(4c)" election" means and includes the entire election process commencing on and from the date of notification calling for such election of members and ending with the date of declaration and notification of results thereof;Provided that no official shall be so appointed unless he has for three years exercised the powers of a magistrate of the first class.(5)"erect or re-erect any building" includes -(a)any material alteration or enlargement of any building,(b)the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation,(c)the conversion into more than one place for human habitation of a building originally constructed as one such place,(d)the conversion of two or more places of human habitation into a greater number of such places,(e)such alterations of a building as effect an alteration of its drainage or sanitary arrangement, or materially affect its security,(f)the addition of any rooms, buildings, out-houses or other structures to any building, and(g)the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land.(5a)[ "Executive Officer" means an Executive Officer appointed under the provisions of the Punjab Municipal (Executive Officer ) Act 2 of 1931.] [Municipal to which the Punjab Municipal (Executive Officer) Act, 1931, applies clause (5a) has been inserted by Item No. 2, Schedule II, Punjab Act No. 2 of 1931.](5b)[ "ex-officio member" means a member referred to in clause (ii) of sub-section (2) of section 12 of this Act;] [Added by Punjab Act No. 11 of 1994.](6)"explosive" and "petroleum" have the meanings assigned to those words in the Indian Explosives Act, 1884, and the Indian Petroleum Act, 1899, respectively,(7)"infectious disease" means cholera, plague, smallpox, [tuberculosis] [Inserted by the Punjab Municipal (Amendment) Act, 1933.] or such other dangerous disease as the State Government may notify in this behalf.(8)"inhabitant" includes any person ordinarily residing or carrying on business, or owning or occupying immovable property, in any municipality or in any local area which, the State Government has by notification under this Act proposed to declare to be a municipality ; and in case of any dispute, means any person or persons declared by the [Deputy Commissioner] [Substituted 'Commissioner' by Punjab Act No. 34 of 1953.] to be inhabitant or inhabitants.(8a)[ "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.] [Added by Act No. 6 of 1995.](8aa)[] [Added by Punjab Act No. 11 of 1994 as (8a) and renumbered by Act No. 6 of 1995.] "market value" means the market value of the land or the building which is determined in accordance with the principles contained in section 23 of the Land Acquisition Act, 1894, or is determined in accordance with the provisions of the Registration Act, 1908;(8b)"Municipal Council" means a Municipality constituted under sub-section (2) of section 4 of this Act for a smaller urban area ; and(8c)"Municipal area" means the territorial area of a Municipality specified under section 4 of this Act;'(9)[ "Municipality" means an institution of self government constituted as a Nagar Panchayat or a Municipal Council under sub-section (2) of section 4 of this Act;] [Substituted by Punjab Act No. 11 of 1994.](9a)[ "Nagar Panchayat" means a Municipality constituted under sub-section (2) of section 4 of this Act for a transitional area;] [Substituted by Amending Act No. 11 of 1994.](9b)[ "newly constituted committee" means a committee the members whereof have been elected at a general election but have been not taken or made an oath or affirmation of allegiance as required under section 24;] [Inserted by Punjab Act No. 10 of 1972 and renumbered from 9(a) to 9(b) by Act No. 11 of 1994.](10)"occupier" includes an owner in actual occupation of his own land or building, and also 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 in respect of which the word is used : for the purposes of Chapter V and IX occupier shall include hotel-keeper, lodging house-keeper, and any owner whose premises are let to more than one tenant.(11)"owner" includes the person for the time being receiving the rent of land and buildings, or either of them, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if the land or building were let to a tenant.(11a)" population" means the population as ascertained at the last preceding Census, of which the relevant figures have been published;(11aa)[ "premises" means any land or building or part of a building and includes - [Added by Act No. 6 of 1995.](a)the garden, ground and out-houses, if any, appertaining to a building or part of a building ; and(b)and fitting affixed to a building or part of a building for the more beneficial enjoyment thereof;](11b)"relation" in relation to an owner of any land or building means wife, husband, son, son-in-law, daughter, daughter-in-law, brother brother-inlaw, sister, sister-in-law of such owner;";(12)"rules" and "rule" mean, respectively, the rules made or to be made and notified by the State Government under the authority of this Act, and any one of such rules.(12a)"State Election Commission" means the Election Commission Constituted by the State Government under articles 243 K and 243 ZA of the Constitution of India;".(13)[ (a) "street", shall mean any road, footway, square, court, alley, 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 about thereon, and if it is used by any person as a means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid : [Substituted by Punjab Act No. 3 of 1933.]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.(b)"public street" shall mean any street -(i)heretofore levelled, payed, metalled, channelled, swerved, or repaired out of municipal or other public funds, unless before such work was carried out there was an agreement with the proprietor that the street should not thereby become a public street, or unless such work was done without the implied or express consent of the proprietor; or(ii)which under the provision of section 171, is declared by the committee to be, or under any other provision of this act becomes, a public street.](14)"vehicle" shall include bicycles, tricycles and automotor cars, and every wheeled conveyance which is used or capable of being used on a public street.(15)[ "Medical Officer of Health" means such person as the committee has appointed Medical Officer of Health, or such person as the [State] [Substituted by Punjab Act No. 11 of 1994.] Government may by notification appoint Medical Officer of Health or failing such appointment, the District Medical Officer of Health.](16)"factory" shall have the meaning assigned to it in the Indian Factories [Act, 1911.] [Since repealed, Now see The Factories Act, 1948.](17)[ "Public place" means a space which is open to the use or enjoyment of the public whether or not private property and whether or not vested in the committee. [Clause 17 and 18 were inserted by Punjab Act No. 3 of 1933.](18)(a)"built area" is that portion of a municipality of which the greater part has been developed as a business or residential area.(b)"unbuilt area" is an area within the municipal limits which is declared to be such at a special meeting of the committee by a resolution confirmed by the State Government, or which is notified as such by the State Government.](19)[ "dung" for the purposes of sections 154-A and 154-B shall include night-soil, sewage, sullage, sludge, refuse, filth or rubbish or animal matter of any kind. [Inserted by East Punjab Act No. 20 of 1249.](20)"compost manure" means the produce prepared from dung by subjecting it to the process of compost making in the manner prescribed by rules.](21)[ "prescribed" means prescribed by rules made under this Act.] [Clause 21 inserted by Punjab Act No. 24 of 1973.]
