Section 2 in Karnataka Municipal Corporations Act, 1976
2. Definitions.
- In this Act, unless the context otherwise requires,-(1)[ "Backward Classes" means such class or classes of citizens as may be classified as category "A" and "B" and notified by the Government from time to time for the purposes of reservation of seats and offices of Mayor and Deputy Mayor in the Corporation.] [Inserted by Act 35 of 1994 w.e.f 1.6.1994 and substituted by Act 25 of 1995 w.e.f. 26.9.1995.](1A)[] [Renumbered by Act 35 of 1994 w.e.f. 1.6.1994.] "building" includes,-(a)a house, out-house, stable, privy, shed, hut, wall, verandah, fixed platform, plinth, door step and [any other structure including telecommunication tower or Advertisement structure, whatever name called] [Substituted by Act, 06 of 2015 w.e.f. 09.01.2015.] whether of masonry, bricks, wood, mud, metal or any other material whatsoever;(b)a structure on wheels simply resting in the ground without foundations;(c)a ship, vessel, boat, tent, and any other structure used for human habitation or used for keeping or storing any article or goods;(2)"bye-law" means a bye-law framed by the corporation under this Act;(3)"casual vacancy" means a vacancy occuring otherwise than by efflux of time in the office of a councillor or in any other elective office and "casual election" means an election held to fill a casual vacancy;(4)[ "city" means any local area specified as a larger urban area and which is deemed to be a city under section 3 subject to any extension, contraction or alteration of the limits of such area that may be made under this Act.] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.](5)"Commissioner" means the Commissioner appointed under section 14 and includes a person appointed to act as Commissioner under section 16;(6)"Corporation" means a corporation established under this Act;(7)[ "Councillor" means a Councillor referred to in section 7;] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.](8)"dangerous disease" means,-(a)anthrax, chicken pox, cholera, diptheria, enteric fever, leprosy, measles, plague, pulmonary tuberculosis, rabies, small pox, and(b)any other disease notified by Government under this Act;(9)"drain" includes a house drain, 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;(10)"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 Schedule II;(11)"factory" means a factory as defined in the Factories Act, 1948;(12)"filth" includes sewage, dung, dirt, swill, putrid and putrefying substances and all offensive matter;(13)"Government" means the State Government;(14)"hut" means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made;(15)"land" includes land which is being built upon or is 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 law over any street;(16)"lay-out" means a lay-out formed by an individual or body of persons, whether incorporated or not;(17)"licensed plumber", "licensed surveyor" "licensed architect", "licensed engineer" and "licensed structural designer" respectively mean a person licensed by the corporation as plumber, surveyor, architect, engineer or structural designer under this Act;(18)"local authority" means a municipal corporation, a municipal council, [Town panchayat] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.], development authority, city improvement board, town improvement board, [zilla panchayat, taluk panchayat and grama panchayat] [Substituted by Act 35 of 1994 w.e.f. 1.6.1994.] constituted under any law for the time being in force;(19)"market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, livestock, food for live-stock, meat, fish, fruit, vegetables, flowers, 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;(20)"municipal authority" means a municipal authority established under this Act;(21)"municipal water works" means water-works belonging to or vesting in the corporation;(22)"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;(23)"occupier" includes 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 or part of the same in respect of which the word is used or damages on account of the occupation of such [vacant land or building] [Substituted by Act 32 of 2003 w.e.f. 19.11.2001.] or part and also a rent-free tenant;(24)[ x x x] [Omitted by Act 21 of 1979 w.e.f. 31.3.1979.](25)"offensive matter" includes animals carcasses, dung, dirt and putrid or putrefying substances other than sewage;(26)"owner" includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used;(26A)[ "population" means the population as ascertained at the last preceding census of which relevant figures have been published.] [Inserted by Act 35 of 1994 w.e.f. 1.6.1994.](27)"poura-karmika" means a person employed in collecting or removing filth, in cleansing drains or slaughter-houses or in driving carts used for the removal of filth excluding night soil;(28)"premises" includes messuages, buildings and lands of any tenure whether open or enclosed, whether built upon or not and whether public or private;(29)"prescribed" means prescribed by rules made under this Act;(30)"private street" means any street, road, square, court, alley, passage or riding path, which is not a "public street" but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises;(31)"public street" means any street, road, square, court , alley, passage or riding-path over which the public have a right of way whether a thorough- fare or not and includes,-(a)the road-way over any public bridge or cause way,(b)the foot-way attached to any such street, public bridge or causeway, and(c)the drains attached to any such street, public bridge or causeway, and the land, whether covered or not by any payment verandah or other structure which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to the Government or the corporation;(32)[ xxx] ] [Omitted by Act 31 of 2001 w.e.f. 19.11.2001.](33)"regulation" means a regulation framed under this Act;(34)"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;(35)"Schedule" means a Schedule appended to this Act;(36)"Scheduled Castes" shall have the same meaning as in the Constitution of India;(37)"Scheduled Tribes" shall have the same meaning as in the Constitution of India;(38)"Sewage" means night soil and other contents of latrines, urinals, cesspools or drains and polluted water from sinks, bath-rooms, stables, cattle sheds and other like places and includes trade effluents and discharges from manufactories of all kinds;(39)"Sewer" means a closed conduit for carrying of sewage, offensive matter, polluted water, waste water or sub-soil water;(39A)[ "State Election Commission" means the State Election Commission constituted under section 308 of the Karnataka Panchayat Raj Act, 1993.] [Inserted by Act 35 of 1994 w.e.f. 1.6.1994.](40)"street alignment" means a line dividing the land comprised in and forming part of a street from the adjoining land;(41)"tax" includes [x x x] [Omitted by Act 21 of 1979 w.e.f. 31.3.1979.], toll, rate, cess, fee or other import leviable under this Act;(41A)["Taxable capital value" means the [value of any building including any land occupied by it or vacant land or both] [Inserted by Act 31 of 2001 w.e.f. 19.11.2001.] fixed in accordance with the provisions of this Act and the rules for the purpose of assessment of property tax."](42)"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 the 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;(43)"trade premises" means any premises used or intended to be used for carrying on any trade or industry;(44)"trade refuse" means the refuse of any trade or industry;(44A)["Vacant land" means, land not built upon [and does not include land appurtenant to a building] [Inserted by Act 32 of 2003 w.e.f. 19.11.2001.] ];(45)"whole number" when used with reference to the councillors of the corporation, means the total number of councillors holding office at the time.
