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[Cites 0, Cited by 0] [Section 2] [Entire Act]

State of Maharashtra - Subsection

Section 2(16) in The Maharashtra Municipal Corporations Act, 1949

(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;]