Amendment status not verified — confirm the current text below against the official source.
Definitions.— In this Act, unless there is anything repug- nant in the subject or context,— (1) “Building” includes— (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 such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever, but does not include temporary sheds put up on festive occasions; (b) a structure on wheels or simply resting on the ground without foundations; and {c) a ship, vessel, boat, tent, van and any other such structure used for human habitation; (2) “Canal” includes any river, inland navigation, lake ar water-way being within or bordering the State, whether it 1s or is not within the ebb and flow of the tide; _ (3) “Canal boat” means any vessel however propelled which is used or capable of being used for the conveyance of goods or passengers along a canal; (4) “Cattle” includes elephants, camels, mules, asses, horses, cows, bulls, bullocks, buffales, sheep. goats and pigs and the young one of these species; (5) “Dairy” includes— (a) any farm, cattle-shed, milk-store. mulk-shop, or other place from which milk 1s sold or supplied for sale, or in which milk is kept for sale, or manufactured for *Published in the Gazette dated 21st June 1955, Part I, Section il, . ° S 68 sale into butter, ghee, cheese, cream, curds, butter- milk, or dried, sterilized or condensed milk, and (b) im 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 consump- tion on the premises only; or . (ii) a shop or place in which milk 1s sold or supphed for sale in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or place; ' (6) “Dairyman” includes any person who sells milk whether wholesale or by retail; . (7) “Drain” means a house-drain or a drain of any other description, and includes a sewer, tunnel, culvert, ditch, channel or any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water, or sub-soil water; (8) “Drug” means any substance used as medicine whether for internal or external use, or any substance used in the com- position or preparation of such medicine: (9) “Dwelling House” means a building constructed, used or adapted to be used wholly or principally, for human habita- tion or‘in connection therewith; ‘ (10) “Executive Authority” means the. Commissioncr, Chairman, President or other functionary of the local authority concerned, who 1s vested with general executive powers under the Trivandrum City Municipal Act or the Travancore District Municipalities Act, 1116, or the Cochin Municipal Act, XVIII of - 1113 or the Travancore-Cochin Panchayats Act, 1950, or_the local Tahsildar, as the case may be; (11) “Executive Officer” means the paid officer, if any, of a local authority who is vested with general executive powers in the area for which such authority is constituted under the Trivandrum City Municipal Act, or the Travancore District Municipalities Act, 1116 or the Cochin Municipal Act, XVIII of 1113 or the Travancore-Cochin Panchayats Act, 1950, or any officer subordinate to the loca! Tahsildar, as the case may be, _ (12) “Factory” means any premises including the pre- eincts thereof, wherein any industrial, manufacturing or trade process is carried on with the aid of steam, water, oil, gas, clectrical ov any other form of power which is mechanically transmitted and is not generated by human or animal agency; (13) “Filth” means— * (a) mghtsoil and other contents of latrines, cess-pools and drains; i (b) dung and the refuse or the useless or offensive mate- rial thrown out in consequence of any process of manu- facture, industry or trade, and ' (c) putrid, and putrifying substances; ~ YS o> 69 (14) “Food” includes every article consumed or used by man for food, drimk or chewing, and all materials used or admixed in the composition or preparation of such article and shall also include flavouring and colouring matter and condi- ments; (15) “Health Officer” means the Health Officer, 1f any, em- ployed by the local authority concérned and in any other cases the officer appointed or authorised by the Government to exer- aise the powers and discharge the duties of a Health Officer; (16) “House-drain” means any drain actually used or in- tended to be used, for the drainage of one or more premises, (17) “Hut” means any building which is constructed prin- cipally of wood, mud, leaves, grass, thatch or metallic sheets and includes any temporary structure of whatever size or any small building of whatever material made, which the local authority may declare to be a hut for the purposes of this Act; (18) “Infectious disease’ means an infectious disease as defined in Section 50 and includes a notified disease as defined in Section 60, and leprosy as defined in Section 79; (19) “Latrine” mcludes privy, water-closet and urinal, whether public or private or whether open or flush out; (20) “Local area” means the area within the jurisdiction of a loeal authority; (21) “Local authority” means— (a) in the City of Trivandrum, the Corporation of Trivan- drum; . (b) in any other Municipal area, the municipal council concerned ; t (c) mm any Panchayat area, the panchayat concerned; (d) in any other area, the authority appointed by the, Government for the purposes of this Act, or, where there 1s no such authority appointed by the Govern- ment, the local Tahsildar; (22) “Lodging house” means a hotel, a boarding house, a choultry, a dharmasala or a rest house not maintained by the Government or a local authority, an unlicensed emigration depot, or any place where, on payment, casual visitors are re- ceived and provided with sleeping accommodation, with or with- out food, but does not include—_ (a) a students’ hostel under public or recognised con- trol; or (b) a house heensed under Section 129 for accommoda- ting visitors to a fair or festival; or (c) retiring rooms and rest-houses provided by a railway administration and normally used by passengers or railway servants or both; ; (23) “Magistrate” does not include an honorary Magis- trate; - 70 (24) “Medical practitioner” means a practitioner registered under the Travancore-Cochin Medical Practitioners Act, 1953 or who has got any medical qualification recognised by the Govern- ment ; . - (25) “Milk” means the milk of a cow, buffalo, goat, ass or other animal and includes cream, skimmed milk, separated milk, and condensed, sterilized or desiccated milk or any other product of milk; (26) “Notification” means a notification in the Gazette; (27) “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 in- jurious to the health or property of the public or the people in general who dwell or occupy property in the vicinity or persons who may have occasion to use any public right; (28) “Occupier” includes— (a) any person for the time being paying or lable 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; (29) “Offensive matter’’ includes— (a) filth as defined in clause (13); (b) sewage as defined in clause (35), and ‘(c) dirt, house sweepings, spittings including chewed . betel and tobacco, kitchen or stable refuse, broken glass or pottery, debris, ashes, rags and waste paper; . (30) “Offensive trade” means any trade in which the sub- stances dealt with are or are likely to become, a nuisance; (31) “Owner” includes the person for the time being re- ceiving or entitled to receive whether on his own account or as agent, trustee, guardian, manager or receiver for another person or estate or for any religious or charitable purposes, the rent or pre of the property in connection with which the word is used; SC > | (32) “Prescribed” means ‘prescribed by the Government ~ by rules made under this Act; (33) “Private street” means any street, road, square, court, alley, lane, 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; (34) “Public street” means any street, road, square, court, alley, lane, passage or riding-path, whether a thoroughfare or not, over which the public have a pnt of way and includes— (a) the roadway over any public bridge or causeway; + \s ‘uy 71 (b) the footway attached to any such street, public bridge or causeway; and . . (c) the drains attached to any such street, public bridge or causeway and the land whether covered or not by any pavement, verandah, or other structure which hes on either side of the roadway up to the bounda- ries of the adjacent property whether that property is private property or property belonging to the Government; (35) “Sewage” means nightsoil and other contents of latrines, cess pools or drains and includes trade effluents and discharges from manufactories of all kinds; ‘ (36) “Street” means a public or a private street; (37) “Urban local area” means the area within the juris- diction of an urban local authority; (38) “Urban local authority” means— *(a) the Corporation of Trivandrum, (b) a Municipal Council, and : (c) an authority notified by the Government as an urban local authority for the purposes of this Act, so long as the notification remains in force; (39) ‘‘Venereal disease” means syphylis, gonorrhoea, soft . chancre, venereal granuloma or lympho-granuloma; (40) “Water course” includes any river, stream or channel, whether natural or artificial, other than a drain; (41) “Wharf” means a landing place specially set apart for purposes of loading and unloading goods or entry and exit of passengers; _ (42) “Workplace” means any premises including the pre- cincts thereof (not being a factory or a workshop), wherein is carried on any industrial, manufacturing or erate process, at which not less than five persons are employed for wages or any other remuneration; (43) “Workshop” means any premises including the pre- cincts thereof (not being a factory), wherein any article or part of an article 1s made, repaired, altered, ornamented, finished or otherwise adapted for use on a commercial basis and not less than five persons are employed for that purpose for wages or any other renumeration. CHAPTER II CONTROLLING AUTHORITIES AND THEIR POWERS 3 Appointment of Director of Public Realth and Health Officers—For the purpose of giving effect to the provisions of this Act, the Government may, from time to time, appoint a Director of Public Health and subject to the provisions herein- after contained appoint Health Officers for all or a - poses of this Act. ay Of the bur 72