Section 3 in Chennai City Municipal Corporation Act, 1919
3. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-(1)[* * *] [Omitted by Tamil Nadu Act XXIV of 1958.](1A)[ "Appoint" includes to appoint temporarily or in an officiating capacity;] [Substituted by Tamil Nadu Act 56 of 1961.](2)"Appointment" includes temporary and officiating appointments;(2A)[ "area sabha" means, in relation to an area, the body of all the persons registered in the electoral rolls pertaining to all polling booths in the area;] [Inserted by Tamil Nadu Act No. 35 of 2010.](3)"budget grant" means any sum entered on the expenditure side of a budget estimate which has been adopted by the council;(4)[ "building" includes -] [Substituted by Tamil Nadu Act 56 of 1961.](a)a house, out-house, stable, latrine, godown, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other structure whether of masonry bricks, mud, wood, metal or any other material whatsoever;(b)a structure on wheels or simply resting on the ground without foundations; and(c)a ship, vessel, boat, tent, van and any other structure used for human habitation or used for keeping or storing any article or goods;(5)"building-line" means a line which is in rear of the street-alignment and to which the main wall of building abutting on a street may lawfully, extend and beyond which no portion of the building may extend except as prescribed in the building rules;(6)[ "carriage" means any wheeled vehicle with springs or other appliances acting as springs and includes any kind of bicycle, tricycle, rickshaw and palanquin but does not include a motor vehicle within the meaning of the [Motor Vehicles Act, 1939 (Central Act IV of 1939)] [Substituted by the Tamil Nadu Act III of 1931.];(7)"cart" includes any wheeled vehicle which is not a carriage but does not include any motor vehicle within the meaning of the [Motor Vehicles Act, 1939 (Central Act IV of 1939)] [Now Motor Vehicles Act, 1988 (Central Act 59 of 1988).];(8)"casual vacancy" means a vacancy occurring otherwise than-by efflux of time in the office of [a councillor] [Substituted for the words 'a divisional councillor' by section 3(ii) of the Tamil Nadu Act X of 1936.] [***] [Omitted the words 'or an alderman' by section 2(2) of the Tamil Nadu Act XXIV of 1958.] or in any other elective office, and "casual election" means an election held on the occurrence of a casual vacancy;[(8-A) "cheri" or "hutting ground" means an area containing land occupied by, or for the purpose of, any collection of huts, standing on a plot of land, or two or more plots of land which are adjacent to one another, and not less than two thousand four hundred square feet in area;] [Inserted by section 3(v) of the Tamil. Nadu Act X of 1936.](9)"city of [Chennai] [Substituted for the word 'Madras' by Tamil Nadu Act 28 of 1996.]" or "city" means the area declared by the [State] [Substituted for the words 'Local Government' by the Adaptation Order of 1937 and substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government by notification to be the city of [Chennai] [Substituted by section 3(iii) of the Tamil Nadu Act 56 of 1961.] but excludes Fort St. George with the glacis;[(9-A) "company" means any company as defined in the Companies Act, 1956 (Central Act 1 of 1956), and includes- [Substituted by Tamil Nadu Act 56 of 1961.](i)any foreign company within the meaning of section 591 of that Act; and(ii)any body corporate, or any firm or association carrying on business in the [State of Tamil Nadu] whether incorporated or not and whether its principal place of business is situated in the said State or not;](9AA)[Omitted by Tamil Nadu Act 26 of 1994.](9B)"cream" means that portion of milk rich in milk-fat which has risen to the surface of milk on standing and has been removed or which has been separated from milk by centrifugal force;(9C)[ dairy. - "dairy" includes- [Substituted by Tamil Nadu Act 56 of 1961.](a)any farm, cattle-shed, milk store, milk-shop or other place from which milk is sold or supplied for sale, or in which milk is kept for sale or manufactured for sale into butler, ghee, cheese, cream, curd, butter milk or dried sterilized or condensed milk; and](b)in relation to a dairyman who does not occupy any premises for the sale of milk, any place in which he keeps the vessels used by him for the storage or sale of milk but does not include-(i)a shop or place in which milk is sold for consumption on the premises only; or(ii)a shop or place from which milk is sold or supplied for sale in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or place;(9D)"dairyman" includes, any occupier of a dairy, any cow-keeper who trades in milk, or any seller of milk whether wholesale, or by retail;(9E)"dairy produce" includes-milk, butter, butter ghee, curd, butter-milk, cream, cheese and any and every product of milk;(10)[ "dangerous disease" means an infectious disease within the meaning of section 52 of the [Tamil Nadu] [Substituted by Tamil Nadu Act 56 of 1961.] Public Health Act, 1939 ([Tamil Nadu] [Substituted for the word 'Madras' by Tamil Nadu Adaptation of Laws Order, 1969.] Act III of 1939) which is notified as a dangerous disease by the State Government;](10A)[ "drain" means a rain or storm water drain and water tables, chutes and the side drain exclusively meant to drain away the rain water falling on the surface of any street, bridge or causeway, but does not include a drain or sewer within the meaning of the [Chennai] [Inserted by section 85 of the Tamil Nadu Act 28 of 1978.] Metropolitan Water-Supply-and Sewerage Act, 1978;](11)[ "Filth" means- [Substituted by the Tamil Nadu Act 28 of 1978.](a)night-soil and other contents of latrines, cesspools and drains;(b)dung and refuse or useless or offensive material thrown out in consequence of any process of manufactured industry or trade; and(c)putrid and putrifying substance;][(11-A) "food" includes every article (other than drugs and water) used by man for food or drink and all materials used or admixed in the composition or preparation of such article and shall also include flavouring or colouring matter, confectionery, spices and condiments;] [Inserted by section 3 (vii) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936.](12)"hut" means any building which is constructed principally of wood, mud, leaves, [grass, thatch or metallic sheets] [Substituted for the words 'grass or thatch' by section 3(vii) of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).] and includes any temporary structure of whatever size or any small building of whatever material made which the council may declare to be a hut for the purpose of this Act;[Indian Christian. - Omitted by section 3 of the Madras City Municipal (Amendment Act, 1958 (Tamil Nadu Act XXIV of 1958).](13)[ "latrine" means a place set apart for defecating or urinating or both and includes a closet of the dry or water-carriage type and urinal;] [Substituted by section 3 (viii) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).][(13-A) "local authority" includes a cantonment authority;] [Substituted by section 3(viii) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).][(13-AA) "metropolitan area" means the area comprised within the limits of the city of [Chennai] [Inserted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 (Tamil Nadu Act 26 of 1994).], specified by the Governor by public notification under clause (c) of Article 243-P of the Constitution;][(13-B) "milk" means the milk of a cow, buffalo, goat, ass or other animal and includes cream, skimmed milk, separated milk and condensed, sterilized or desicated milk, or any other product of milk;] [Substituted by section 3(viii) of the Tamil Nadu Act 56 of 1961.][(13-C) "municipal area" means the territorial area of the Municipal Corporation of [Chennai] [Inserted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1991 (Tamil Nadu Act 26 of 1994).] as is notified by the Governor under clause (d) of Article 243-P of the Constitution;](14)"municipal office" means the principal office of the corporation;[(14-A) "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 the health or property of the public or the people in general who dwell or occupy property in the vicinity, of persons who may have occasion to use any public right; [Substituted by section 3(ix) of the Madras City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).](15)"occupier" includes-(a)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 land, building or part; and(b)a rent-free occupant;](16)[ "ordinary vacancy" means a vacancy occurring by efflux of time and "ordinary election" means an election held on the occurrence of an ordinary vacancy; ] [Substituted by section 3(xi) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).](17)"owner" includes,-(a)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 properly in connection with which the word is used.(b)the person for the time being in charge of the animal or vehicle in connection with which the word is used;(18)"prescribed" means prescribed by the [State Government] [Substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] by rules under this Act;(19)"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;(20)"public street" means any street, road, square, court, alley, passage or riding-path [over which the public have a right of way, whether a thoroughfare or not] [Substituted for the word 'whether a thoroughfare or not over which the public have a right of way' by section 3(xii) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).] and includes-(a)the roadway over any public bridge or causeway;(b)the foot-way attached to any such street, public bridge or causeway; and[(20-A) "public water-courses, springs, wells and tanks" include those used by the public to such an extent as to give a prescriptive right to such use;] [Inserted by section 3(xiii) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).](21)"railway" includes a tramway;(22)"re-construction" of a building includes-(a)the re-erection, wholly or partially, of a building after more than one-half of its cubical content has been taken down or burnt down or has fallen down, whether at one time or not;(b)the re-erection, wholly or partially, of any building of which an outer wall has been taken down or burnt down or has fallen down to or within ten feet of the ground adjoining the lowest storey of the building, and of any frame building, which has so far been taken down or burnt down or has fallen down as to leave only the frame-work of the lowest storey;(c)the conversion into a dwelling-house or a place of public Worship of any building not originally constructed for human habitation or for public worship, as the case may be, or the conversion into more than one dwelling-house of a building originally constructed as one dwelling-house only or the conversion of a dwelling-house into a factory;(d)the re-conversion into a dwelling-house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than a dwelling-house or a place of public worship or factory, as the case may be;(23)"residence or reside" - A person is deemed to have his "residence" or to "reside" in any house 38 [or hut] [Inserted by section 3(xiv) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).] if he sometimes uses any portion thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house [or hut] [Inserted by section 3(xiv) of the Chennai City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).] merely because he is absent from it or has elsewhere another dwelling in which he resides, if he is at liberty to [return to such house or hut] [Substituted for the words 'return thereto' by the Chennai City Municipal (Amendment) Act, 1936 Tamil Nadu Act X of 1936).] at any lime and has not abandoned his intention of returning;(24)"rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not, "filth";(25)"salary" means pay and acting pay or payment by way of commission, and includes exchange compensation allowances, but not allowances for house-rent, carriage hire, or travelling expenses;[(25-A) "scavenger" means a person employed in collecting or removing filth, in cleansing drains, latrines or slaughter-houses or in driving carts used for the removal of filth;] [Inserted by Tamil Nadu Act X of 1936.][(25-B) "Scheduled Castes" shall have the same meaning as in the Constitution;] [Substituted by section 3(x) of the Chennai City Municipal (Amendment) Act, 1961 (Tamil Nadu Act 56 of 1961).][(25-C) "Scheduled Tribes" shall have the same meaning as in the Constitution;] [Inserted by Tamil Nadu Act 22 of 1971.][(25-D) "[Tamil Nadu State Election Commission] [Inserted by the Tamil Nadu Municipal Corporation Laws (Amendment and Special Provisions) Act, 1994 Tamil Nadu Act 26 of 1994).]" means the [Tamil Nadu State Election Commission] [Substituted for the words 'State Election Commission' by Tamil Nadu Municipal laws (Amendment) Act 2001 (Tamil Nadu Act 22 of 2001).] referred to in section 6-1;(25-E) "[Tamil Nadu State Election Commissioner] [Substituted for the words 'State Election Commissioner' by Act 22 of 2001.]" means the [Tamil Nadu State Election Commissioner] [Substituted for the words 'State Election Commissioner' by Act 22 of 2001.] referred to in section 6-1;](26)"street-alignment" means a line dividing the land comprised in and forming a part of a street from the adjoining land;[(26-A) "water-course" includes any river, stream or channel whether natural or artificial;] [Inserted by section 3(xvi) of the Madras City Municipal (Amendment) Act, 1936 (Tamil Nadu Act X of 1936).][(26-B) "ward committee" means the ward committee referred to in section 5-C;] [Inserted by Tamil Nadu Municipal Laxvs (Amendment) Act, 2010 (Tamil Nadu Act No. 35 of 2010).](26-BB) "wards committee" means the wards committee referred to in [section 5-A;](27)"year" means the financial year.
