Section 5 in The M.P. Municipal Corporation Act, 1956
5. Definitions.
- In this Act, unless there is anything repugnant in the subject or context ;-(1)[ "Administrator" means a person or committee of persons appointed by the Government under the Act to exercise the powers and perform the duties of the Corporation.] [Substituted by M.P. Act No. 11 of 1966.][(1-a) "amusement" means any amusement provided in any amusement arcade or amusement park or theme park or by whatever name called, when provided in a local area for monetary consideration;] [Inserted by M.P. Act No. 28 of 2018, dated 25.7.2018.](2)"assessment list" means any municipal assessment register prescribed by Section 151 and includes any register subsidiary thereto;(3)"auditor" means an auditor appointed by the Government under Section 129;(4)"bakery" means any place in which bread or confectionery including biscuits is baked, cooked or prepared in any manner whatsoever for the purposes of profit or sale;(5)"Brothel" means any house, room or place, or any part thereof, occupied or let or intended to be occupied or let as a single tenement which is habitually used by one or more than one woman for the purpose of prostitution;(6)"budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head as prescribed by [bye-laws] [Substituted by M.P. Act No. 13 of 1961.] and adopted by the Corporation and includes any sum by which such budget grant may be increased or reduced by a transfer from or to other heads in accordance with the provisions of this Act and [bye-laws] [Substituted by M.P. Act No. 13 of 1961.];(7)"building" includes a house, outhouse, stable shed, hut and other enclosure or structure whether of masonary, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, doorsteps, walls including compound walls, and fencing and the like but does not include a tent [or a temporary shed erected on ceremonial or festive occasions] [Inserted by M.P. Act No. 13 of 1961];(8)"building line" means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed:(9)"cesspool" includes a settlement tank or other tank for the reception and disposal of foul matter from building;(10)[ "City" means a larger urban area as the Governor may by public notification specify in accordance with the provisions laid down in sub-section (2) of Section 7 of this Act.] [Substituted by M.P, Act No. 16 of 1994.](11)"Commissioner" means the Municipal Commissioner for the city appointed under Section 54 and includes an acting Commissioner appointed under sub-section (2) of Section 57 and any municipal officer empowered under this Act to exercise, perform or discharge any of the powers, duties or functions of the Commissioner to the extent to which such officer is so empowered;(12)"closet accommodation" means a receptacle for human excreta, together with the structure comprising such receptacle and the fittings and apparatus connected therewith;(13)[ "Corporation" means the Municipality of a larger urban area] [Substituted by M.P. Act No. 16 of 1994.],(14)"Councillor" means any person who is legally a member of the Corporation;(15)"dairy" includes any farm, cattle-shed, milk store, milk shop, or other place from which milk is supplied for sale or in which milk is kept for the purposes of sale or manufactured into butter, ghee, cheese curds or dried or condensed milk for sale, and in the case of a dairy-man who does not occupy any place for the sale of milk, including the place where he keeps the vessels used by him for the sale of milk but does not include a shop or other place in which milk is sold for consumption on the premises only;(16)"dairy man" includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or intended to be offered for sale for human consumption and any purveyor of milk and any occupier of a dairy;(17)"dairy produce" includes milk, butter, ghee, curd, butter-milk, cheese and every product of milk;(18)"dangerous disease" means cholera, plague, small-pox, tuberculosis cerebro-spinal meningitis and diphtheria, leprosy, other than leucoderma, and any other disease which the Corporation may, by public notice, declare to be a dangerous disease for the purposes of this Act;[(18-a) "Director" means, the Director of the Urban Administration and Development, appointed by the State Government] [Inserted by M.P. Act No. 29 of 2003.];[(18-b)] [Renumbered by M.P. Act No. 29 of 2003.] ["District" means a district as construed in the Madhya Pradesh Land Revenue Code, 1959] [Inserted by M.P. Act No. 16 of 1994.];(19)"District Court" means the District Court constituted for the district in which the city is included;(20)"drain" includes a 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, rainwater 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;(21)"drug" means any substance used as medicine or in the composition or preparation of medicines whether for internal or external use;(22)"eating house" means any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises;[(22-b) "entertainment" includes the following when provided in a local area for monetary consideration in cash or in any other manner, and whether received in advance, in instalments or in any other manner: - [Inserted by M.P. Act No. 28 of 2018, dated 25.7.2018.](i)any exhibition, performance, amusement, game or sport to which persons are admitted;(ii)entertainment provided by a direct to home (DTH) service provider through satellite;(iii)entertainment provided by a cable operator through cable service;(iv)ring tones, music, videos, movies, animations, games, jokes, etc. provided by a telecom service provider through telecom service;(v)contests organised through telecom services by the telecom service provider or any person;(vi)entertainment provided by any other technological means or device.Explanation. Services received by a person situated in a local area of Madhya Pradesh shall be deemed to have been provided within that local area:](23)the expression "to erect or re-erect a building" means and includes-(a)newly to erect a building on any site whether previously built upon or not;(b)any material alteration or enlargement of any building;(c)the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;(d)conversion into more than one dwelling house a building originally constructed as one dwelling house only;(e)the conversion by structural alteration of one or more places of human habitation or tenements into a greater or lesser number of such places or tenements;(f)any structural alteration in a building so as to affect its drainage or sanitary arrangements or its stability;(g)the addition of any rooms, buildings, outhouses, or other structure to a building;(h)the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of wooden buildings;(i)conversion by a structural alteration two or more tenements in a building into a greater or lesser number;(j)any building of which more than one half of the cubical contents of the building above the level of the plinth have been pulled down, burnt or destroyed;(24)the expression "essential service" means the service in connection with the municipal fire-brigade, the municipal air compressor, the pumping stations, drainage, conservancy or water-supply of the city and any such other service as may be notified by the Government and the essential officer or servant means even,' person employed in the essential service;(25)"factory" has the meaning assigned to it under the Factories Act, 1948;(26)"fifth" includes sewage, night-soil and all offensive matter;(27)[ "food" means any article used as food or drink for human consumption other than drugs and water and includes- [Substituted by M.P. Act No. 13 of 1961.](a)any article which ordinarily enters into or is used in the composition or preparation of human food; or(b)any flavouring or colouring matter, spices or condiments;](28)[ "goods" means any material, commodity or article, and include animals, electricity and electro magnetic waves or signals transmitted through wires or wireless devices] [[Substituted by M.P. Act No. 21 of 2005. Prior to substitution it read as under :-'(28) 'goods' includes animals;']];(29)"hut" means any building which is constructed principally of wood, mud, leaves, grass, cloth or thatch and includes any temporary structure of whatever size or any small building of whatever material made which the corporation may declare to be a hut for the purposes of this Act;[(29-a) "Industrial Township" means an Industrial Township specified under Section 7.] [Inserted by M.P. Act No. 18 of 1997.](30)"keeper" means the person in charge of a lodging house, and may include the owner for the purposes of any rules or bye-laws made under this Act;(31)"land" includes benefits arising out of land, houses and things attached to the earth, or permanently fastened to anything attached to the earth and also land which is being built upon or is built upon or covered with water;(32)"licensed plumber", "licensed surveyor" and "licensed architect" mean respectively person licensed by the Corporation as a plumber or surveyor or architect under this Act;(33)"lodging house" means a building or part of a building where lodging with or without a board or other services is provided for a monetary consideration and includes a collection of buildings or a building or a part of a building used for the accommodation of pilgrims and travellers whether on payment or otherwise;(34)[ "market" or "Bazar" means :- [Substituted by M.P. Act No. 13 of 1961.](a)a place where persons assemble for the sale of meat, fish, fruit, vegetables, live-stock or any other article of food of a perishable nature, whether or not there is any collection of shops, or warehouses or stalls for the sale of other articles in such place; or(b)any place of trade other than a place referred in sub-clause (a) where there is a collection of shops or warehouses or stalls;and shall include any "Hal" or place, where trade or business is carried on either weekly or bi-weekly or on certain fixed days of the week];[(34-a) "Municipal area" means the territorial area of a Municipal Corporation as is notified by the Governor under sub-section (2) of Section 7 of this Act.] [Inserted by M.P. Act No. 16 of 1994.](35)"municipal drain" means a drain vested in the Corporation;[(35-a) "municipal law" means a law for the time being in force for the organisation and administration of municipalities;] [Substituted by M.P. Act No 13 of 1961.](36)"municipal market" means a market vested in or managed by the Corporation;(37)"municipal slaughter-house" means a slaughter house vested in or managed by the Corporation;(38)"municipal tax" means any [tax] [Inserted by M.P. Act No 13 of 1961.] levied by the Corporation under the provisions of this Act;(39)"municipal water-works" means a water-work vested in or managed by the Corporation;[(39-a) "nazul land" means nazul land within the city for the management and disposal of which special rules have been made by the government;] [Inserted by M.P. Act No. 13 of 1961.](40)[ "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 of the community or which is or may be dangerous to life or injurious to the health or property or offends against public morality; [Substituted by M.P. Act No 13ofl961.](41)"occupier" means any person in actual possession of any land or building and includes an owner in actual possession, and a tenant or licensee, whether such tenant or licensee is liable to pay rent or not];(42)"offensive matter" includes animal carcasses, dung, dirt, putrid and petrifying substances, and filth of any kind [but does not include sewage;] [Inserted by M.P. Act No. 13 of 1961.](43)"owner" when used with reference to any land or building includes the person for the time being receiving the rent of the land or building or of any part of the 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, building or part thereof were let to a tenant, or manager or mortgagee in possession;[(43-a) "Population" means the population as ascertained at the preceding census of which the relevant figures have been published] [Inserted by M.P. Act No. 16 of 1994].(44)[Omitted;] [Omitted by M.P. Act No. 13 of 1961.](45)"private street" means a street which is not a public street;(46)"public, analyst" means any person appointed by the Corporation to perform the duties and to exercise the powers of a public analyst prescribed [by bye-laws] [Inserted by M.P. Act No. 13 of 1961.] under this Act;(47)[ "public place" means a space, not being private property, which is open to the use or enjoyment of the public, whether such space is vested in the Corporation or not] [Substituted by M.P, Act No. 13 of 1961.];(48)"public securities" means-(a)securities of the Central or any .State Government;(b)securities, stock, debentures, or shares the interest whereon has been guaranteed by the Central or State Government;(c)debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of the Republic of India;(d)securities expressly authorised by any order which the State Government makes in this behalf;(49)[ "public street" means any street- [Substituted by M.P. Act No. 13 of 1961.](a)over which the public have a right of way; or(b)which have been heretofore levelled, paved, metalled, asphalted, channelled, sewered or repaired out of municipal or other public funds; or(c)which under the provisions of this Act becomes a public street;and includes-(i)the roadway over any public bridge or causeway;(ii)the footway attached to any such street;(iii)public bridge or causeway, and the drains attached to any such street, public bridge or causeway;](50)"registered trade union" means a trade union registered under the Indian Trade Unions Act, 1926;(51)(a)a person shall be deemed to "reside" in any dwelling house or hut which, or some portion of which, he sometimes, although not interruptedly, uses as a sleeping apartment; and(b)a person shall not be deemed to cease to "reside" in any such dwelling house or hut, merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it;(52)"rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse or refuse of any kind which is not Offensive matter" or "sewage" as defined in this section;(53)"sewage" means night-soil, and other contents of water closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bathrooms, stables, cattle sheds, and other like places, and includes trade effluents and discharges from manufactories of all kinds;(54)"sewage connection" includes any drain connecting any water-closet, latrine, privy, urinal, bathroom, sink, sullage tray, manhole or trap with any drain for sewage and other offensive matter;[(54-a) Social audit" means the review of the impact of policies, programmes, schemes and procedures adopted or implemented by any municipal authority, by a group or groups of persons residing within the municipal area;] [Inserted by M.P. Act No. 29 of 2003.][(54-b)] [Sub-section (54-a) be Renumbered as (54-b) by M.P. Act No. 29 of 2003.] ["State Election Commission" means the State Election Commission constituted under Article 243-K of the Constitution] [Inserted by M.P. Act No. 16 of 1994.];(55)[ street" means any road, food-way, square. Court, alley or passage, accessible, whether permanently or temporarily to the public, whether a thoroughfare or not; [Substituted by M.P Act No. No. 13 of 1961.]and shall include any 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 persons as 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;and shall include also the drains on either side and the land whether covered or not by any payment, verandah or other erection, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that properly be private property or property reserved by Government or by the Corporation for any purpose other than a street;](56)"street line" means a line dividing the land comprised in and forming part of a street from the adjoining land;[(56-a) "lax" includes any toll, cess, fee or other impost levied or leviable under this Act] [Substituted by M.P. Act No. 50 of 1976.];(57)"traffic sign" includes all signals, warning sign posts, direction posts, signs or other devices, erected by any person or authority authorised by law to do so for the information, guidance or direction of person using roads or of wheeled and other traffic;(58)[ "vehicle" includes a bicycle, tricycle, motor car and every wheeled conveyance which is used or capable of being used on a public street;] [Substituted by M.P. Act No. 13 of 1961.](59)"water-closet" means a closet accommodation used or adopt or intend to be used in connection with the municipal water-works and comprising provisions for flushing of the receptacle by means of a water-supply and having connection with a sewer;(60)"water connection" includes-(a)any tank, cistern, hydrant, stand pipe, meter or lap situated on private property and connected with a water-main or pipe belonging to the corporation;(b)the water pipe connecting such tanks, cistern, hydrant, stand pipe, meter or lap with such water-main or pipe;(61)"water for domestic purposes" shall not include water for cattle, or for horses, or for washing vehicles where the cattle horses or vehicles are kept for sale or hire or by a common carrier and shall not include water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental purposes;(62)"water work" includes a lake, steam, spring, well, pump, reservoir, cistern, lank, duct whether covered or open, sluice, main pipe, culvert, engine, water truck, hydrant standpipe, conduit, and machinery, land, building or thing for supplying water or for protecting sources of water-supply;(63)"workshop" means any building, place or premises or any part thereof, not being a factory, to or over which the employer of the persons working therein has the right of access or control, and in which or within the compound or precincts of which, any manual labour is employed or utilised in aid of or incidental to any process for the following purposes :-(i)the making of any article or part thereof;(ii)the altering, repairing, ornamenting or finishing of any article: or(iii)the adapting for sale of any article.Part-II Constitution and Government
