Amendment status not verified — confirm the current text below against the official source.
For the purpose of this Act, unless there is anything repugnant in the subject or context. "Assessment List.” (1) “Assessment list” means the municipal assessment list prescribed by Section 156 and in cludes any list subsidiary thereto ; “ Bakery.” (2) “Bakery or baking house” means any place where bread, biscuits, confectionery and such other things are baked for the purpose of sale; (3) “Budget grant” means the total sum entered _ on the expenditure side of a Budget Estimate under a major head and which has been finally adopted by the Corporation and includes any sum by which such budget grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act, rules, regulations and bye laws made thereunder; “ Building.” (4^ “Building” includes a shop, house, hut, out house, garage, shed, privy, urinal, other roofed struc ture or stable for whatsoever purpose and of whatso ever material constructed and also a wall, but does not include a tent or other merely temporary shelter or shed erected on ceremonial ar festive occasions. “ Building (5) “Building line” means a line which is in rear of line.” the street-alignment and to which the main wall of a building abutting o:i a street may lawfully extend and beyond which no portion of the building may extend except as prescribed ; ‘Bye-law.” (6) “ Bye-law” means a bye-law made under this Act ; •‘C arriage.” (7) “Carriage” means any wheeled vehicle with springs or other appliances acting as springs, of a kind ordinarily used for conveyance of human beings and includes jin-rickshaws, cycle-rickshaws, bicycles and tricycles but does not include perambulators and in particular does not include any motor vehicle as defined in the Assam Motor Vehicles Taxation Act, 1936; 27 (8) “ Cart”means any cart, hackney, or wheeled vehicle with or without spring, which is not a carriage as defined under sub-section (7) ; “City” means to be speci- this behalf and •'City •( Gau hati” or the “ City.” (9) “ City of Gauhati’’ or area within the boundaries fied by the State Government on duly notified in the official Gazette from time to time as required under Section 42 of this Act. (10) “ Commissioner” means the Commissioner sione™’" a PP°’n t e ^ under Section 29 and includes a person appointed to officiate as Commissioner ; Company” (H) “Company” means a company including an existing company, private company and public com pany, as defined in the Companies Act, J 956 (Central Act I of 1956), and includes a co-operative society registered or deemed to have been registered under the Co-operative Society Act, 1959 (A.ssam Act I of 1960) or any re-enactment the eto: “ Compost (12) “ Compost manure” means the produce pre M anure, Spared from offensive matter, rubbish and sewage by subjecting them to the process of compost making in the manner prescribed by rules ; “ Conservan- (13) “ Conservancy” means the removal and dispo- cy.” sal of sewage, offensive matter and rubbish ; £ “ Corpora. (14) ‘ Corporation” means the Municipal Corpora tion.” ^ tion of G auhati; , “Cream.” (15) “ 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; content.” (16) “ Cubical content” when used with refe rence to the measurement of a building, means the space contained within the external surface of its walls and roof and the upper surface of the floor of its lowest or only storey ; 28 “Dairy.” (17) “Dairy” includes any farm, cattle-shed, cow house, from which milk-store, milk-shop or other places— (a) from which milk is supplied for sale, or (b) in which milk is kept for purposes of sale or used for manufacture or preparation for sale of any of the following articles;— (i) butter, fii) ghee, (iii) cheese, (iv) curds, and (v) dried, sterilised or condensed or tinned milk; but does not include— (a) a shop or other place in which milk is sold for consumption on the premises only, or fb) a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place. “Dairy man.” (18) “Dairy man” includes any occupier of a dairy, any cow-keeper who trades in milk, or any seller of milk whether wholesale, or by retail; “Dairy pro. (19) “Dairy produce” includes milk, butter, ghee, cluce.” curd, butter milk, cream, cheese and any and every product of milk. “Dangerous (20)“ Dangerous disease” means— disease.” (a) small-pox, cholera, dysentery, plague, tuberculosis, leprosy, enteric fever, diphtheria, cerebrospinal meningitis and syphillis ; and (b) any other epidemic, endemic or infectious disease which the State Government may, by notification in the official Gazette, declare to be a dangerous disease for the purposes of this A ct; 29 “Domes t ic purposes.'‘ (21) “ Domestic purposes” :—Supply of water for domestic purposes shall not be deemed to include a supply:— (a) for animals or for washing carriages where such animals or carriages are kept for sale or hire, (b) for any trade, manufacture or business other than those concerned with the manufacture or supply of articles of food and drink for human beings. (c) for fountains, (d) for watering gardens, roads or paths, (e) for any ornamental or mechanical purpose, (f ) for building purposes ; “Drain.” (22) “Drain” includes a sewer, a house drain, a drain of any other description, a tunnel a culvert, a ditch a channel, and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water or sub-soil water; “ Eating home.” (23) “Eating house” means any premises to which the public are admitted and where any kind of food is prepared and or supplied to the public for consumption on the premises for the profit or gain or any person owning or having an interest in or managing such premises ; “Entertain ment.” (24) “ Entertainment” includes any exhibition, performance, amusement, game or sport to which pere sons are usually admitted on payment; / 30 ‘Erect or „ (25) “ Erect or re-erect” any building re-erect. jn c lu cjc s ;— fa) any material alteration or enlargement of any building ; (b) the structural conversion into a place for human habitation of a building not ori ginally constructed for human habitation; (c) the structural conversion into more than one place for human habitation of a building originally constructed as one such place ; •» (d) the structural conversion of two or more places of human habitation into a great number of such place ; * (e) such alteration of the internal arrangement of a building as effects an alteration in its sanitary or drainage arrangements or affects its stability ; ( f) the addition of any rooms, buildings, out houses or other structures to a building ; (g) the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of a wooden build ing ; ‘Essential Service.” (26) “ Essential Service” meansand includes ser vices concerning health, sanitation and water supply organisation of the Corporation and also any other services declared or notified by the Corpora tion with approval of State Government from time to time as essential service ; “Examiner.” 627) “ Examiner” means the Examiner of Local Accounts, Assam and includes officers subordinate to him assigned for the purpose of Audit ; Factory.” (28) “ Factory” means a factory as defined in the Factories Act, 1948 ; “Flith.” (29) “ Filth” includes night-soiJ, sewage and all offensive matters ; “Financial year.” (30) “ Financial year” means the year commencing on the first day of April ; 31 '“Food.” (31) “ Food”, notwithstanding anything contained in the Prevention of Food Adulteration Act, 1954, includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food and also includes con fectionery, flavouring, and colouring matter and spices and condiments ; “Good?.” (32) “ Goods” includes animals ; “Govern- (33) “ Government” means the Government of the ment,” State of Assam ; “Half year.” (34) “ Half year” means half of financial year ; “Holding” (35) “Holding” means land held under one title Or agreement and surrounded by one set of boundaries; Provided that where two or more adjoining hold ings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse, or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this Act ; Explanation.—Holdings separated by a road or other means of communication shall be deemed to be adjoining within the meaning of this proviso : Provided also that where land has been let out to occupants in separate parcels paying rents separately, each such parcel shall be treated as a distinct holding in spite of such parcels of land being held under one title. „ „ (36) “ House” means any hut, shop, warehouse, °USf' workshop, a masonry or framed building ; “House-gul- (37) “House-gully” means a passage or strip of land ly.” constructed, set apart, or utilised, for the purposes of serving as a drain or affording access to a latrine, urinal, cess-pool or other receptacle for filthy or polluted matter, to municipal employee or per sons employed in the cleansing thereof or in the removal of such matter therefrom and includes the air-space above such passage or land ; 32 “Hut.” (38) “Hut” means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this A ct; “ Inhabitan.t’ (39) “ Inhabitant” used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable pro perty therein ; (40) “Land” includes benefit to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and also land covered by w ater; (41) “ 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 ; (42) “ Lay-out” means any area or plot of land demarcated or marked out into regular and convenient bits of divisions to utilie, sell, lease out or otherwise dispose of the same as sites for the construction of buildings and includes a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street ; ‘Local au- ( ^ ) “ Local authority” means the Municipal thority.” Corporation of Gauhati and also includes Municipal Boards, Town Committees, Panchayats and Develop ment Authorities ; "Lodging (44) “Lodging House” means a house in which House.” visitors or other persons are lodged for hire for a night or more and where there is community of eating or sleeping accommodation ; • Marke ” (45) “Market” means any place where persons assemble for the sale and purchase of articles intended for food or drink or of livestock or other merchandise; “ Municipal (46) “ Municipal Authority” means any of the Authority.” Municipal Authorities specified in sub-secticn (2) of Section 4 of this Act ; ‘Mualcipul “Municipal drain” means a drain vested drain.” i» the Corporation; 33 “ Muuicipal Virket.” “Municipal Office,” (48) “ Municipal market” means a market belonging to or maintained by the Corporation; (49) “Municipal office” means the principal office of the Corporation ; ding*”bUi1' (50) “New building” means and includes— (a) any building constructed or in the process of construction after the commencement of this Act; (b) any building which, having collapsed or having been demolished or burnt down for more than one-half of its cubical content is reconstructed wholly or partially after the commencement of this Act, whether the dimensions of the reconstructed building are same as those of the original building or not; (c) any building not originally constructed for human habitation after the commencement of this Act; Explanation.-—Clause (b) applies whether mere- than half the cubical content has collapsed or been demolished or burnt down at the same time or at different times. Hon” 8 0®’ { 5 1 ) “Notification” means a noti-'cation pub. lished in the Official Gazette of the Government of Assam; ‘’Nuisaate” (52) “Nuisance” includes any act, omission palace 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; “Occupied! (53) “Occupier" means— (a) Tany person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in » respect of which such rent is paid or is pay c a b le ; (b) an owner in occupation of, or the land or building; otherwise using (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; (e) any person who is liable to pay to the owner damages for th use and occupation of any land or building; 34 ^Octroi” (54) “ Octroi” means a tax on the entry of goods into the limits of the city for consumption, use or sale therein ; ’•Offensive (55) “ Offensive matter” includes animal matter” . carcass, kitchen refuse and table refuse, dung, diyt and putrid or putrefying substances other than sewage; “ Owner!' (56) “ Owner” includes— (a) the person for the time being receiving the rent of any land or building or of any part of any 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, or who would so receive such rent if the land, building or part thereof were let to a tenant; and (b) the person for the time being in charge of the animal or vehicle, in connection with which the word is used ; ’'Premises’* (57) “ Premises” means any land or building or part of a building and includes— (a) the garden, ground and out-houses, if any, appertaining to a building or part of a building ; and (b) any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof; » (58) “Prescribed” means prescribed under the “ Prescribed pTOVjs;o n g o f ?his Act, rules, regulation, and bye-Jaws; “ Private lav- (59) “ Private lay-out” means a lay«uut form- o u t”' cd by an invidividual or body of persons whether incorporated hr But i 35 “Private (60) “Private road” means any street, road, z-. road”. Squ a r e c o urt, alley or passage which is not a public road and includes a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises ; “Privy” (61) “Privy” means place for easing nature ; “Public (62) ‘Public street” means any street, road, street”, lane, gully, alley, passage pathway, square or court whether a thoroughfare or not, over which the public have a right of way, and includes— (a) the roadway over any public bridge or * caus eway ; (b) the footway attached to any such street public bridge or causeway ; and i (c) the drains attached to any such street, public bridge or causeway, and where there is no drain attached to any such street, shall unless the contrary is shown, be deemed to include also, all land upto the outer wall of the premises abutting on the street, or, if a street alignment has been fixed, then upto such alignment; “Rate” (63) “Rate” means— (a) the tax upon the rateable value of holdings ; (b) license fees ; (c) the water tax ; Cd) the lighting tax ; (e) the drainage tax ; (f) the scavenging tax ; (g) the tax on private markets : 36 (®^) “Rateable value” means the value of a ue,., a a n y land or building fixed in accordance with the provi- K sions of this and the bye-laws made thereunder for the purpose of assessment to property tax ; “Regulation” (65) “ Regulation” means a regulation made by the Corporation under this Act by notification in the official Gazette ; “ Reside” (66) “ Reside” — (a) a person shall be deemed to ‘reside’ in any dwelling house or hut which, or some portion of which, he sometimes, although not uninter ruptedly, uses as a sleeping apartm ent; 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 ; “ Rubbish” (67) “Rubbish” means dust, ashes, broken brickss broken glass, mortar and refuse of any kind which is not “offensive matter” as defined in this section ; “Rules” (68) “Rule” means a rule made under this Act; ^Scavenger” (69) “Scavenger” means a person employed in collecting or removing filth, in cleansing drains, latrines, or a u ghter-house or in driving carts used for the removasl filth; “ Schedule” (701 “Schedule” means the Schedule appended to this Act; “Scheduled (71) “ Scheduled Caste” means any of the Cftste”. Scheduled Castes specified in the Constitution (Sche duled Castes) Order, 1950, for the time being in force; £ “Scheduled (72) “Scheduled Tribes” means any of the Tribe”. tribes specified in the Constitution (Scheduled Tribes) Order, 1950, for the time being in force; “ Sewage” (73) “ Sewage” means night-soil and other contents of privies, urinals, cesspools or drains and includes trade effluents and discharges from manufac tories of all kinds; hed!* (74) “ Shed” means a slight or temporary structure for shade or shelter; »7 “Slaughter- (75) “Slaughter-house” means any place used ouse. fo r l jl c slaughter of cattle, sheep, goats, kids or pigs for the purpose of selling the flesh thereof as meat; ’‘Street*’ (76) “ Street” includes any way, road, lane, square, court, alley, gully, passage, whether a thorough fare or not and whether built upon or not, over which the public have a right of way and also the roadway or foot way over any bridge or causeway; “ Street line’’ (77) “ Street line” means the lffl e dividing the land comprised in and forming part of a street from the adjoining land; ' “Tax’* (78) “Tax” includes any toll, rate, cess, fee or other impost leviable under this Act; “Trade (79) “Trade effluent” means any liquid either , affluent” 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 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; •‘Trade pre- (80) “Trade premises” means any premisers mises”. used or intended to be used for carrying on any trade or industry; “Trade re- (81) “Trade refuse” means the refuse of any fuse”. trade or industry; “Vehicle” (®^) “Vehicle” includes a carriage, cart, van, dray truck, hand-cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and every wheeled con veyance which is used or is capable of being used on a street; “Ward” (83) “ward” means a municipal ward provided by order made under Section 43 for the purpose of election of councillors; “Water (84) “ Water Course” includes any river, Gouris”, stream or channel whether natural or artificial; “Water (85) “ Water Works” includes all lakes, tanks, works’ . streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes culverts, hydrants, stand pipes and conduits and all lands, buildings, machinery, bridges and things, used for, or intended for the purpose of supply ing water; “Workshop” (86) “ Workshop” means any premises (includ ing the precincts thereof) other than a factory, wherein any industrial process is carried on ; ‘Year” (87) “Year” means a year commencing on the 1st day ef April. 38 PART II C onstitution and Governm ent A dm inistration o f the Corporation CHAPTER II The M unicipal A uthorities Municipal