Amendment status not verified — confirm the current text below against the official source.
Definitions. — In this Act, unless the context otherwise requires,— (1) “Administrative Tribunal” means the Administrative Tribunal constituted under the Goa, 7[ ] Administrative Tribunal Act, 1965; 8[(1A) “Appellate Tribunal” means as Appellate Tribunal constituted under section 184 B.] (2) “appointed day”, in relation to an area, means the date on which the relevant provisions of this Act come into force in that area; (3) “building” includes a house, out-house, stable, shed, hut and other enclosure or structure, whether of masonry, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, door steps, walls, (including coumpound walls) and fencing and the like; (4) “bye-law” means a bye-law made or deemed to be made by the Council under this Act; (5) “Cess-pool” includes a tank for the reception or disposal of foul matter from buildings; 9[(5a) “Chairperson” and “Vice-Chairperson” means Chairperson and Vice- Chairperson of the Council as the case may be;] (6) “Chief Officer” means the person appointed or deemed to be appointed under this Act to be the Chief Officer of a municipal area; (7) 10[“Collector” means the Collector of North Goa District and that of South Goa District and also includes the Additional Collector of North Goa District and South Goa District, respectively;] (8) “Council” means a Municipal Council constituted or deemed to be constituted under this Act for a municipal area; (9) “Councillor” means a person who is duly elected 11[ ] as a member of the Council; (10) “dairy” includes any farm, cattle-shed, cow- house, milk-store, milk-shop or other place from which milk is supplied far sale, or in which milk is kept for purposes of sale or manufactured into butter, ghee, cheese, curds, dried, sterilized or condensed or toned milk, but does not include— (A) a shop or other place in which milk is sold for consumption on the premises only, or 273 7 Omited by the Amendment Act 13 of 1994. 8 Inserted by the Amendment Act 6 of 1987. 9 Inserted by the Amendment Act 13 of 1994. 10 Substituted by the Amendment Act 13 of 1994 and thereafter by the Amendment Act 15 of 1996. 11 Omitted by the Amendment Act 7 of 1998. Manual of Goa Laws (Vol. III) – 274 – Municipality Act (B) 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; 12[(10a) “Development Committee” means the Development Committee constituted under section 322 B;] (11) 13[“Director” means the person appointed by the Government to be the Director of Urban Development]; 14[(11a) ‘District’ means a district in the State of Goa;] (12) “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, 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; (13) “eating house” means any premises to which the public or any section of the public are admitted and where any kind of food is prepared or supplied for consumption on the premises or elsewhere for the profit or gain of any person owning or having an interest in or managing such premises; (14) “election” means an election to a Council, and includes a bye-election; (15) “factory” means a factory as defined in the Factories Act, 1948; LXIII of 1948. (16) “filth” includes sewage, night-soil and all offensive matter; (17) “food” includes every article. used as food or drink for human consumption 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 confectionary, flavouring and coloring matters and spices and condiments; (18) “goods” includes animals; (19) “Government” means the Government of Goa 15[ ]; (20) “house-drain” means any drain of, and used for the drainage of, one or more buildings or premises and made merely for the purpose of communicating therefrom with a municipal drain; (21) “house-gully” or “service passage,” means a passage or strip of land constructed, set apart or utilized for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to servants of the Council or to persons employed in the cleansing thereof or in the removal of such matter there from; 274 12 Inserted by the Amendment Act 13 of 1994. 13 Substituted by the Amendment Act 15 of 1996. 14 Inserted by the Amendment Act 13 of 1994. 15 Omitted by the Amendment Act 13 of 1994. Manual of Goa Laws (Vol. III) – 275 – Municipality Act (22) “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 legislative enactment over any street; (23) “local authority” means a municipality or village panchayat, as the case may be, constituted under any law for the time being in force in the 16[State of Goa]; (24) “lodging house” means a building or part of a building where lodging with or without board or other service is provided for a monetary consideration, and includes a lodging house for pilgrims whether lodging is provided for or without any monetary consideration; (25) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, live-stock or food for live-stock or meat, fish, fruit, vegetables, drinks, 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; (26) “milk” includes cream, skimmed milk, separated milk and condensed, sterilized, desiccated or toned milk; (27) “municipal area” means any local area declared or deemed to be declared as municipal area by or under this Act; (28) “municipal market” or “municipal slaughter-house” means a market or a slaughter-house, as the case may be, which belongs to or is maintained by the Council; (29) “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 which is or may be dangerous to life or injurious to health or property; (30) “occupier” includes— (a) any 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 payable, (b) an owner living in or otherwise using his land or building, (c) a rent-free tenant, (d) a licensee in occupation of any land, or building, and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (31) “octroi” means a tax on the entry of goods into a municipal area for consumption, use or sale therein; (32) “offensive matter” includes animal carcasses, dung, dirt and putrid or putrifying substances other than sewage; 275 16 Substituted by the Amendment Act 13 of 1994. Manual of Goa Laws (Vol. III) – 276 – Municipality Act (33) “officer or servant of the Council” means an officer or servant 17[appointed by the Government or the Council] or any other competent authority subordinate to it, and includes any Government Officer or servant, who is for the time being serving under the, Council 18[and the classification of posts of officers or servants of Council as Group A, Group B, Group C and Group D posts will have the meaning as assigned by the Government for equivalent posts in Government Departments]; (34) “official year” or “financial year” means the year commencing on the first day of April; (35) “owner” means,— (a) when used with reference to any premises, the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let, and includes — (i) an agent or trustee who receives such rent on account of the owner; (ii) an agent or trustee who receives the rent of, or is entrusted with or concerned for, any premises devoted to religious for charitable purposes; (iii) a receiver, sequestrator or manager appointed by any Court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of, the said premises; and (iv) a mortgagee-in-possession; and (b) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or boat; 19[(36) “population” means the population as ascertained at the last preceding Census of which the relevant figures have been published, but where figures of Census are not available, the population shall be ascertained from other relevant authenticated records maintained by the Government.] (37) “premises” includes messages, buildings and lands of any tenure, whether open or enclosed, whether built on or not and whether public or private; (38) “prescribed” means prescribed by rules; 20 (39) [ ] (40) “private market” means a market which is not a municipal market, but does not include a market established for the purposes of any law for the time being in force regulating the marketing of agricultural and other produce in such markets; (41) “private slaughter-house” means a slaughter-house which is not a municipal slaughter-house; 276 17 Substituted by the Amendment Act 17 of 1978. 18 Added by the Amendment Act 18 of 1997. 19 Substituted by the Amendment Act 14 of 2008. 20 Omitted by the Amendment Act 13 of 1994. Manual of Goa Laws (Vol. III) – 277 – Municipality Act (42) “private street” means a street which is not a public street; (43) “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 fittings and apparatus, if any, connected therewith, and includes a closet of the dry type, and aqua privy, a latrine and a urinal; (44) “public place” includes any public park or garden or any ground to which the public have or are permitted to have access; (45) “public securities” means— (a) securities of the Central Government and of any State Government; (b) securities, stocks, 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 powers conferred by any enactment for the time being in force in any part of the territory of India; or (d) securities expressly authorized by an order which the Government makes in this behalf; (46) “public street” means any street— (a) over which the public have a right of way; (b) heretofore levelled, paved, metalled, channeled, sewered, or repaired out of municipal or other public funds; or (c) which under the provisions of this Act becomes, or is declared, a public street; (47) “rubbis” includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and refuse of any kind which is not offensive matter or sewage; (48) “Rules” means rules made by the Government under this Act; (49) “Scheduled Castes” means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the 21[State of Goa] under article 341 of the Constitution of India; (50) “Scheduled Tribes” means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities, as are deemed to be Scheduled Tribes in relation to the 22[State of Goa] under article 342 of the Constitution of India; (51) sewage” means night-soil and other contents of water closets, latrines, privies, urinals, cesspools or drains and polluted water from sinks, bath-rooms, stables, cattle- sheds and other like places, and includes trade effluent and discharges from manufactories of all kinds; 277 21 Substituted by the Amendment Act 13 of 1994. 22 Substituted by the Amendment Act 13 of 1994. Manual of Goa Laws (Vol. III) – 278 – Municipality Act 23[(51a) “State” means the State of Goa] 24[(51b) ‘State Election Commission’ means the State Election Commission constituted under the section 237 of the Goa Panchayat Raj Act, 1994 ( Goa Act 14 of 1994 ).] (52) “street” means any road, foot-way, square, court-alley, or passage, accessible whether permanently or temporarily to the public, whether a thoroughfare 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 abut thereon and if it is used by any persons as a 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; (53) 25[“total number of Councillors”, in relation to a Council, means the total number of elected councillors ] (54) 26[ ] (55) “vehicle” includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, motor-car, and every wheeled conveyance which is used or is capable of being used on a street; 27[(55a) “Ward” mean the territorial constituency of the municipal area;] (56) “water closet” means a closet which has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action; (57) “water-connection” includes— (a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a private property and connected with a water-main or pipe belonging to the Council; and (b) the water-pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water-main or pipe; (58) “water work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, whether covered or open, sluice, main-pipe, culvert, engine, water truck, hydrant, stand-pipe, conduit, and machinery, land, building or thing for supplying or used for supplying water or for protecting sources of water supply. 278 23 Inserted by the Amendment Act 13 of 1994. 24 Inserted by the Amendment Act 7 of 1998 and further substituted by the Amendment Act 27 of 2002. 25 Substituted by the Amendment Act 27 of 2002. 26 Omitted by the Amendment Act 13 of 1994. 27 Inserted by the Amendment Act 13 of 1994. Manual of Goa Laws (Vol. III) – 279 – Municipality Act CHAPTER II Municipal Councils (1) Municipal areas and their classification.