Section 3 in The Chhattisgarh Municipalities Act, 1961
3. Definitions.
- In this Act unless the context otherwise requires-(1)"assessment list" means any municipal assessment register prepared and maintained in accordance with the provisions of this Act or rules made thereunder and includes any register subsidiary thereto;[(1-a) "Balance Sheet" means the balance sheet prepared under Section 120-B;] [Inserted by C.G. Act No. 16 of 2011, w.e.f. 2-1-2012.](2)"building" includes a hut, shed or other enclosure whether used as a human dwelling or otherwise, and shall include wells, walls, verandahs, fixed platforms, plinths, doorsteps and the like but shall not include a tent or a temporary shed erected on ceremonial or festival occasions;(3)"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;(4)"bye-law" means a bye-law made in exercise of a power conferred by this Act;(5)"Chief Municipal Officer" means the Chief Municipal Officer for the Council appointed under Section 87 or 89 and includes any municipal officer empowered under this Act to exercise, perform or discharge any of the powers, duties or functions of the Chief Municipal Officer to the extent to which such officer is so empowered;[(5-a) "Committee", means a Committee constituted under this Act;] [Inserted by M.P. Act No. 17 of 1994.][(5-b) "Collector" means the District Collector appointed by the State Government under Section 16 of the Chhattisgarh Land Revenue Code, 1959;] [Inserted by C.G. Act No. 10 of 2004, w.e.f. 1-1-2005.][(5-c) "Colonization" means indulging, directly or indirectly, in activities aimed towards the establishment of a colony by developing lands including agricultural land by dividing the land into plots, for transfer of such plots to persons intending to construct thereon residential or non-residential or composite buildings; [Inserted by C.G. Act No. 16 of 2011, w.e.f. 2-1-2012.](5-d) "Colonizer" means Development Authority, constituted under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), any Society or Co-operative Society registered by the Registrar, Firms and Societies or the Registrar, Cooperative Societies or any other registered institution which includes any such person or institution who intends to take up the work of establishment of the colony by developing that area of the purpose of dividing any land, including agricultural land, into plots or group housing and intends to transfer such plots to persons desirous of constructing residential or non-residential or joint residence for inhabitation and who is registered as colonizer by the competent authority under the Act;(5-e) "Colony" means an area so divided from an existing plot with the provisions of basic services such as road, water, electricity, disposal of sewerage etc., for residents and includes construction under group housing and joint housing:Provided, that such plots which are divided amongst the members of the family shall not be included in this definition. However, it shall include group housing and joint housing.Explanation.-Family means the family as defined in the Chhattisgarh Land Revenue Code, 1959;](6)"Corrupt practice" means any of the practices specified in Section 28;(7)"Councillor" means any person who is legally a member of a Council;(8)[ "Council" means Municipal Council or Nagar Panchayat constituted by or under this Act;] [Substituted by M.P. Act No. 17 of 1994.](9)"Conservancy" means the removal and disposal of sewage, offensive matter and rubbish;(10)"drain" includes a sewer, funnel, 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 subsoil 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-a) "district" means a district as construed in the Chhattisgarh Land Revenue Code, 1959;] [Inserted by M.P. Act No. 17 of 1994.][(10-b) "Director" means the Director of Urban Administration and Development, appointed by the State Government;] [Inserted by C.G. Act No. 10 of 2004, w.e.f. 1-1-2005.][(10-c) "Economically Weaker Section" means the group of persons so specified by the State Government from time to time;] [Inserted by C.G. Act No. 16 of 2011, w.e.f. 2-1-2012.](11)"erect or re-erect any building" includes-(i)any material alteration or enlargement of any building;(ii)the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;(iii)the conversion of one or more places of human habitation into a greater number of such places;(iv)the conversion of two or more places of human habitation into a lesser number of such places;(v)such alterations of building as effect a change in its drainage or sanitary arrangements or materially effect its security; and(vi)the addition of any rooms, buildings, out-houses or other structures to any buildings;[(11-a) the expression "essential service" means the service in connection with the municipal firebrigade, the municipal air compressor, the pumping stations, drainage conservancy or water supply of the municipality and any such other service as may be notified by the State Government and the expression "essential municipal officer or servant" means every person employed in the essential service;] [Inserted by M.P. Act No. 31 of 1973.](12)"explosive" and "petroleum" shall have the meanings assigned to them in the Indian Explosives Act, 1884 (IV of 1884), and the Petroleum Act, 1934 (XXX of 1934), respectively;(13)"food" means any article used as food or drink for human consumption other than drugs and water and includes-(a)any article which ordinarily enters into or is used in the composition or preparation of human food; and(b)any flavouring matter or condiments;(14)"house gully" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to municipal servants or to persons employed in the cleansing thereof or in the removal of such matter therefrom;(15)"Inhabitant" includes any person ordinarily residing or carrying on business, or owning or occupying immovable property in any municipality or in any local area which the State Government has, by notification, proposed to declare to be a municipality;(16)"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 covered with water;[(16-a) "Lower Income Group" means the group of persons so specified by the State Government from time to time;] [Inserted by C.G. Act No. 16 of 2011, w.e.f. 2-1-2012.](17)"market" or "Bazar" means-(a)a place where persons assemble for the sale of meat, fish, fruit, vegetables, live-stock or any other articles 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 to in sub-clause (a) where there is a collection of shops, or warehouses or stalls;and shall include any "Hat" or place, where trade or business is carried on either weekly or bi-weekly or on certain fixed days of the week.(18)[ "Municipality" means a Municipal Council or a Nagar Panchayat constituted under Section 5 of the Act;] [Substituted by M.P. Act No. 17 of 1994.][(18-a) "Municipal area" means the smaller urban area or the transitional area, as the Governor may, by public notification, specify, in accordance with the provisions laid down in Section 5 of this Act;] [Inserted by M.P. Act No. 17 of 1994.](19)"municipal drain" means a drain vested in a Council;(20)"municipal market" means a market vested in or managed by a Council;(21)"municipal slaughter-house" means a slaughter-house vested in or managed by a Council;(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 of the community or which is or may be dangerous to life or injurious to the health or property or offends against public morality;(23)"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;(24)"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;(25)"offensive matter" includes animal carcasses, dung, dirt, or putrid or putrifying substances and filth of any kind which is not included in "sewage" as defined in this section;[(25-a) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;] [Inserted by C.G. Act No. 16 of 2011, w.e.f. 2-1-2012.](26)"prescribed authority" means an authority which the State Government may, by notification, generally or with respect to any provision of this act, declare to be a prescribed authority;(27)"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 Council or not;(28)"public street" means any street-(a)over which the public have a right of way; or(b)which has 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;(29)"Private street" means a street which is not a "public street".(30)"privy" means a place set apart for defecating or urinating or both, together with the structure comprising such place, the receptacle therein for human excreta and the fitting and apparatus, if any, connected therewith, and including a closet of the dry type, and aqua privy, a latrine and urinal;(31)"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 a defined in this section;(32)"regular line of the street" means the line dividing the land comprised in and forming part of street from the adjoining land and includes any proposed alignment;(33)"sewage" means night-soil and other contents of water-closets, latrines, privies, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattlesheds, and other like places and includes trade effluents and discharges from manufactories of all kinds;(34)"sewer" includes a drain, a house drain or a drain of any other description and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water, or sub-soil water;(35)"Slaughter-house" means any place used for the slaughter of cattle, sheep, goats, kids or pigs;[(35-a) "State Election Commission" means the State Election Commission constituted under Article 243-K of the Constitution;] [Inserted by M.P. Act No. 17 of 1994.][(35-b) "social audit" means the review of the impact of policies, programmes, schemes or procedures adopted or implemented by any municipal authority, by a group or groups of persons residing within the municipal area within which such review is conducted;] [Inserted by C.G. Act No. 17 of 2012, dated 1.8.2012.](36)"street" means any road, foot-way, square, court, alley or passage, accessible, whether permanently or temporarily to the public, whether a thorough-fare or not;and shall include every 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 thorough-fare, 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 pavement, verandah or other erection, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property be private property or property reserved by the State Government or by the Council for any purpose other than a street;(37)[ "Tax" includes any toll rate, cess, fee or other impost leviable or levied under this Act;] [Substituted by M.P. Act No. 50 of 1976.][(37-a) "user charges" means the charges imposed under Section 127-B for services rendered or are prepared to be rendered by the Council or Nagar Panchayat, as the case may be;] [Inserted by C.G. Act No. 17 of 2012, dated 1.8.2012.](38)"vehicle" includes a bicycle, tricycle, motor car and every wheeled conveyance which is used or capable of being used on a public street;(39)[* * *] [Omitted by M.P. Act No. 12 of 1995.](40)[ "Year" means a financial year beginning on the first day of April of the year.] [Inserted by C.G. Act No. 16 of 2011, w.e.f. 2-1-2012.]
