- In this Act, unless there is anything repugnant in the subject or context.(1)[ "Annual Development Plan" means the Annual Development Plan prepared under section 300,] [Inserted by the W.B. Municipal (Amendment) Act, 1997 (West Bengal Act 32 of 1997), w.e.f 18.3.1998.][[(1A)] [Renumbered by W.B. Act 32 of 1997, w.e.f. 18.3.1998.] "annual valuation" means annual value, and includes determination of annual value where the context so requires:](1B)[] [Inserted by the W.B. Municipal (Amendment) Act, 1997 (West Bengal Act 32 of 1997), w.e.f 18.3.1998.] "Auditor" means an Auditor appointed under section 86, and includes any officer authorized by him to perform all or any of the functions of an Auditor under this Act;(2)"bridge" includes a culvert;(3)"building" means a structure constructed for whatsoever purpose or of whatsoever materials, and includes the foundation, plinth, wall, floor, roof, chimney, fixed platform, verandah, balcony, cornice, or projection or part of a building or anything affixed thereto or any wall (other than boundary wall of less than three metres in height) enclosing or intended to enclose any land, sign or outdoor display structure, but does not include a tent, samiana or tarpaulin shelter;(4)"building line" means the line up to which the main wall of a building abutting on a street or a projected public street may lawfully extend;(5)"bustee" means an area containing land occupied by, or for the purposes of any collection of huts or other structures used or intended to be used for human habitation;Explanation. - If any question arises as to whether any particular area is or is not a "bustee", the Board of Councilors shall decide the question and such decision shall be final;(6)"bye-law" means a set of regulations made by the municipality under this Act;(7)"carriage" means any wheeled vehicle with springs or other appliances acting as springs, which is used for the conveyance of human beings or goods, and includes a /in-rickshaw, a van-rickshaw and a cycle-rickshaw, but does not include a motor vehicle or a bicycle or a tricycle or a perambulator or other form of vehicle designed for the conveyance of small children;(8)"cart" means any cart, hackery or wheeled vehicle with or without springs, which is not a carriage or a motor vehicle as defined in this section, and includes a handcart, but does not include the trailor of a motor vehicle, a bicycle or a tricycle or a perambulator or other form of vehicle designed for the conveyance of small children;(9)"Chairman" means the Chairman elected under section 17;(9A)[ "Computer network" and "Computer resource" have the same meaning as explained in sub-clauses (j) and (k) of sub-section (1) respectively in section 2 of the information Technology Act, 2000; (21 of 2000)] [Inserted by West Bengal Act No. 9 of 2018, dated 17.4.2018.](10)"connected-privy" means a privy which is directly connected with a sewer;[10A) "corporate section" means a financial institution,Explanation. - "Financial institution" shall mean -(a)a bank to which the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), do not apply,(b)a financial institution which is not maintained or managed by the Central Government or the State Government,(c)a private company, or a limited company (being a public company), as defined in the Companies Act, 1956 (1 of 1956), not being a public financial institution within the meaning of section 4A of that Act, or(d)a co-operative society, by whatever name called, registered or deemed to have been registered under the West Bengal Co-operative Societies Act, 1983 (West Ben. Act 45 of 1983);](11)[ ***] [Sub-clause (11) omitted by s. 3(i) of the W.B. Municipal (Amendment)Act, 2013 (W. B. Act VIII of 2013), w.e.f. 15.5.2013, which was earlier as follows:]'(11) "Council" means the Darjeeling Gorkha Hill Council constituted under the Darjeeling Gorkha Hill Council Act, 1988;'.(11A)[ "Councilor" in relation to Municipality means a person chosen by direct election from a ward of the Municipality;] [Inserted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995.](12)"cubical extent", with reference to the measurement of a building, means the space contained within the external surfaces of its wall and roof and the upper surface of the floor of its lowest or only storey;(13)"dairy" includes any farm, cattle-shed, cow-house, milk-store, milk-shop or other place-(a)from which milk is supplied on, or for sale, or(b)in which milk is kept for the purposes of sale or used for manufacture or preparation for sale of-(i)butter, or(ii)ghee, or(iii)cheese, or(iv)curds, or(v)dried, sterilized, condensed or toned milk,but does not include-(a)a shop or other place in which milk is sold' for consumption on the premises only, or(b)a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place;(14)"dairyman" includes any occupier of a dairy, or any cowkeeper who trades in milk, or any wholesale or retail seller of milk;(15)"dangerous disease" means-(a)cholera, plague, small-pox, cerebro-spinal meningitis, diptheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis and syphilis; and(b)any other epidemic, endemic, or infectious disease, which the State Government may, by notification, declare to be a dangerous disease for the purposes of this Act;(15A)[ "District Magistrate" means the District Magistrate referred to in sub-section (1) of section 20 of the Code of Criminal Procedure, 1973 (2 of 1974):] [Inserted by the West Bengal Municipal (Second Amendment) Act, 1994 (West Bengal Act XLV of 1994), w.e.f. 10.10.1994.](15B)[ "District Planning Committee" means the District Planning Committee constituted under sub-section (1) of section 3 of the West Bengal District Planning Committee Act. 1994 (West Ben. Act 20 of 1994), and includes the Siliguri Sub-Division Planning Committee;(15C)"Draft Development Plan" means the Draft Development Plan prepared under section 297;] [Inserted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998.](16)"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 off sullage, sewage, offensive matter, polluted water, rain-water or subsoil water:(17)"drug" means any substance used as medicine or in the composition or preparation of medicines, whether for internal or external use, but does not include a drug within the meaning of clause (b) of section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940);(18)"dwelling house" means a masonry building constructed, used or adapted to be used wholly or principally for human habitation;(19)"electoral roll" means the electoral roll prepared, revised or corrected [ * * *] [Words and figures 'under section 29' omitted by the West Bengal Act XLV of 1994, w.e.f. 10.10 1994.] by the State Election Commission;(20)"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 matters, spices and condiments;(21)"footpath" or "footway" means pavement at the side of road for pedestrians;(21A)[ "Gorkhaland Territorial Administration" means the Gorkhaland Territorial Administration constituted under the Gorkhaland Territorial Administration Act, 2011] [Inserted by s. 3(ii) of the W.B. Municipal (Amendment) Act, 2013 (West Bengal Act VIII of 2013), w.e f. 15.5.2013.](22)"habitable room" means- a room constructed or adapted for human habitation:(22A)[ "heritage building or site" means any building of one or more premises. or any part thereof, or any monument, or any precinct, or any site, which requires preservation and conservation for historical, architectural, environmental or cultural purpose, and includes such portion of the land adjoining such building or any part thereof as may be required for fencing or covering or otherwise preserving such building, and also includes the areas and buildings requiring preservation and conservation for the purpose as aforesaid under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act 13 of 1979);(22B)"Heritage Conservation Committee" means the Heritage Conservation Committee constituted under sub-section (1) of section 225D;] [Inserted by the West Bengal Municipal (Amendment) Act, 2000 (West Bengal Act 22 of 2000), w.e.f. 1.9.2000, (Vide Notifn. No. 646/MA/0/C-4/1A-8/98, dated 30.8.2000).](23)[ "hill areas" means the areas within the region as specified in clause (O) of section 2 of the Gorkhaland Territorial Administration Act, 2011;] [Substituted 'hill areas' has the same meaning as in the Darjeeling Gorkha Hill Council Act, 1988 (West Ben. Act 13 of 1988);' by s. 3(iii) of the W.B. Municipal (Amendment) Act, 2013 (West Bengal Act VIII of 2013), w e.f. 15.5.2013, which was earlier as follows](24)"holding" means land held under one title or agreement and surrounded by one set of boundaries:Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purpose of this Act.Explanation.-Holdings separated by a street or other means of communication shall be deemed to be adjoining within the meaning of this proviso;(25)"house-drain" means any drain of one or more premises used for the drainage of such premises;(26)"house-gully" means a passage or strip of land constructed, set apart or utilized 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 employees or to persons employed in the cleansing thereof or in the removal of such matter therefrom, and includes the air space above such passage or land;(26A)[ "household sector" includes -(a)a rural household or urban household,Explanation I. - "Rural household" shall mean a household within a rural area as defined in. the West Bengal District Planning Committee Act, 1994.Explanation II. - "Urban household" shall mean a household within an urban area as defined in the West Bengal District Planning Committee Act, 1994.(b)a business undertaking, whether proprietorship or partnership, not being a body corporate as defined in the Companies Act, 1956, (1 of 1956) or(c)a trust for a public purpose of a charitable nature within the meaning of Charitable and Religious Trusts Act, 1920 (14 of 1920);](27)"hut" means any building, no substantial part of which excluding the walls up to a height of fifty centimetres above the floor or floor level is constructed of masonry, reinforced concrete, steel, iron or other metal;(27A)[ "industrial township" means such urban area [Inserted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994.][or any other area] [Inserted by section 2 of the West Bengal Municipal (Amendment) Act, 2004 (West Bengal Act VIII of 2004), w.e.f. 15.9.2004.] or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that are and such other factors as he may deem fit, by public notification, Specify to be an industrial township ;](28)"infectious disease" or "communicable disease" means any disease which may be transmitted from one person to another and declared as such by the State Government by notification;(29)"inhabited room" means a room in which some person passes the night or which is used as a living room, and includes a room with respect to which there is a reasonable presumption (until the contrary is shown) that some person passes the night therein or that it is used as a living room;(30)"land" includes benefits arising out of land, and things attached to the earth;(31)"market" includes any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock, or any other article of food of a perishable nature, or any other article for which there is a collection of shops or warehouses or stalls, declared and licensed by the Municipality as a market;(32)"masonry building" means any building other than a hut, and includes any structure, a substantial part of which is made of masonry, reinforced concrete, steel, iron or other metal;(32A)[ "member" in relation to Municipality, means a Councilor or a person nominated under clause (b) of sub-section (1) of section 13] [Inserted by the West Bengal Act 30 of 1994, 'w.e.f. 13.7.1994.](33)"milk" includes cream, skimmed milk, separated milk and condensed, sterilized, desiccated or toned milk;(34)all drugs or articles of food which enter into the composition of food, the package or mark or label of which bears any statement, design or device regarding such drugs or articles of food or the ingredients or substances contained therein as may be false or may mislead in any particular, shall be deemed to be "misbranded" and a drug or an article of food shall also be deemed to be misbranded if it is offered for sale under the name of another drug or article of food;(35)[ "municipal area" means an area constituted as a municipal area under section 6,] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995, for '(35) 'municipal area' means any place in which this Act or any part thereof is in force;'](36)"municipal drain" means a drain vested in the Municipality;(37)"municipal market" means a market belonging to or maintained by the Municipality;(38)"municipal slaughter house" means a slaughter house belonging to or maintained by the Municipality;(38A)[ "Municipality" means a Municipal Council for a smaller urban area as defined in Article 243Q of the Constitution of India;] [Inserted by the W.8 Act 30 of 1994, w.e.f 13.7.1994.](39)"new building" means and includes-(a)any building constructed or in the process of construction after the commencement of this Act,(b)any building which, having collapsed or having been demolished or burnt down for more than one-half of its cubical extent, is reconstructed wholly or partially after the commencement of this Act, whether the dimensions of the reconstructed building are the same as those of the original building or not,(c)any but which is converted into a masonry building after the commencement of this Act, and(d)any building not originally constructed for human habitation which is converted into a place for human habitation after the commencement of this Act,Explanation. - Sub-clause (b) applies where more than one-half of the cubical extent of any building has collapsed or been demolished or burnt down at the same time or at different times;(40)"notification" means a notification published in the Official Gazette;(41)"notified area" means an area constituted as a notified area under section 378;(41A)[ 'Notified Area Authority" for a notified area means a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area as defined in Article 243Q of the Constitution of India;] [Inserted by the West Bengal Act 13 of 1995 w r e f. 13.7.1994.](42)"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 health or property;(43)'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;(44)"offensive matter" means kitchen or stable refuse, dung, dirt, putrid.or putrefying substance and filth of any kind which is not included in "sewage":(44A)[ "office bearer" means the Chairman, the Vice-Chairman, or a member of the Chairman-in-Council:] [Inserted by the W.B Municipal (Amendment) Act, 2000 (W. B. Act 22 of 2000). w.e.f. 1.9.2000.](45)"owner" includes the person for the time being receiving the rent of any land or building or of any part of any land or building, 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 of the land or building were let to a tenant;(46)"premises" means any land or building or part of a building or any but or part of a hut, and includes -(a)the garden, ground and out-houses, if any, appertaining thereto; and(b)any fittings or fixtures affixed to a building or part of a building or but or part of a but for the more beneficial enjoyment thereof;(47)"prescribed" means prescribed by rules made under this Act;(48)"private drain" means any drain which is not a municipal drain as defined in this section;(49)"private street" means any street, road, lane, gully, alley, passage or square which is not a public street as defined in this section, and includes any passage securing access to three or more premises belonging to the same or different owners:(49A)[ "Property tax" means a rate assessed, on building or buildings, or on lands or on both. and includes surcharge levied on property tax under this Act;] [Inserted by the s. 2 of W.B Municipal (Amendment) Act, 2002 (West Bengal Act 16 of 2002). w.e.f 2.9.2002.'](50)"public building" means a building constructed, used or adopted to be used-(a)as a place of public worship or as a school, college or other place of instruction (not being a dwelling house so used) or as a hospital, nursing home, maternity home, factory, work house, public theatre, public cinema, public hall, public concert-room, public lecture-room, public library or public exhibition-room or as a public place of assembly, or(b)as a hotel. eating-house, lodging-house, home, hostel, refuge or shelter, or(c)for any other public purpose;(51)"public street" means any street, road, lane, gully, alley, passage, pathway, square or courtyard, whether a thoroughfare or not, over which the public have a right of way, and includes -(a)the access or approach to a public ferry,(b)the roadway over any public bridge or causeway,(c)the footway attached to any such street, public bridge or cause-way,(d)the passage connecting two public streets, and(e)the drains attached to any such street, public bridge or cause¬way, and, where there is no drain attached to any such street, shall be deemed to include also, unless the contrary is shown, all land up to the boundary wall, ail, hedge or pillar of the premises, if any, abutting on the street, or if a street alignment has been fixed, then up to such alignment;(52)one-third of the total number of Councilors holding office for the time being shall be a "quorum' for a meeting;(53)"ratepayer" means a person liable to pay any rate, tax or fee under this Act;(53A)[ "recognized political party" means a national party or a State party recognized as such by the Election Commission of India by notification for the time being in force;] [Inserted by the West Bengal Act 32 of 1997, w e.f. 18.3.1998.](54)"registered medical practitioner" means a medical practitioner registered under the Bengal Medical Act, 1914 (Ben. Act VI of 1914);(55)"rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not offensive matter;(56)"rules" means the rules made by the State Government under this Act;(57)"service privy" means a fixed privy which is cleansed by hand daily or periodically, but does not include a movable commode;(58)"sewage" means night-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds;(59)"slaughterhouse" means any place used for the slaughter of cattle, sheep. goats, kids or pigs, or hens. fowls, chicken, ducks, turkeys or any other eatable birds for the purpose of selling the flesh thereof as meat;(59A)[ "SMS" means Short Message Service;] [Inserted by West Bengal Act No. 9 of 2018, dated 17.4.2018](60)[ "State Election Commission" means the West Bengal State Election Commission referred to in sub-section (1) of section 3 of the West Bengal State ,Election Commission Act, 1994 (West Ben. Act VIII of 1994);] [Substituted by the,West Bengal Act 30 of 1994, w.e.f. 13.7.1994 for 160) 'State Election Commission' means the state Election Commission constituted in the manner referred to in sub-section (1) of section 28:](60A)[ "State Government" means the Government of the State of West Bengal in the Department of Urban Development and Municipal Affairs;] [Substituted by Act No. 34 of 2017, dated 15.9.2017](61)"street" means a public or private street;(62)"street alignment" means the line dividing the land comprised in, and forming part of, a street from the adjoining land;(62A)[ "Sub-divisional Magistrate' means the Sub-divisional Magistrate referred to in sub-section (4) of section 20 of the Code of Criminal Procedure, 1973:] [Inserted by the West Bengal Act XLV of 1994, w.e.f. 10.10.1994.](62AA)[ "Urban Development Sub-Committee" means the Urban Development Sub-Committee constituted under sub-section (4) of section 10 of the West Bengal District Planning Committee Act, 1994] [Inserted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998.][[(62B)] [Re-numbered as clause (62B) by the Act XLV of 1994, w.e.f 10 10.1994.] 'ward" means an administrative division of a Municipality;] [Inserted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998.](63)"watercourse" includes any river, stream or channel, whether natural or artificial;(64)[ "year" means a financial year beginning on the first day of April and ending on the thirty-first day of March of the following year.] [Substituted by section 2 of the W B Municipal (Amendment) Act, 2006 (West Bengal Act 22 of 2006) w.e.f. 1.10.2006. for '(64) 'year' means a financial year beginning on the first day of April.][Inserted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998.]
