Amendment status not verified — confirm the current text below against the official source.
(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 mater, 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‖ 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 person owing or having an interest in or managing such premises; (23) ―erection or re-erection‖ of 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, out-houses, or other structure to a building; (h) the construction of the whole or any part of the external walls of a building or the renewal of the posts of wooden building; (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) ―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 then essential officer or servant means every person employed in the essential service. (25) ―factory‖ has the meaning assigned to it under the Factories Act, 1948; (26) ―filth‖ 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- (a) any article which ordinarily enters into or is used in the composition or preparation of human food; or Madhya Pradesh Municipal Corporation Act, 1956 4 | P a g e (b) any flavouring or colouring matter; spices or condiments, (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 purpose of this Act; (29-a) ―Industrial Township‖ means and Industrial Township specified under section 7. (30) ―keeper‖ means the person in charge of a lodging house, and may include the owner for the purposes of any rules or byelaws made under this Act; (32) ―land‖ includes benefit arising out of land, houses and things attached to the earth, or permanently fastened to any thing attached to the earth and also land which is being built upon or is built upon or covered with water; (56) ―licensed plumber‖ means respectively person licensed by the Municipality as a plumber under this Act; (i) ―licensed surveyor‖ means respectively person licensed by the Municipality as a surveyor under this Act; (ii) ―licensed architect‖ means respectively person licensed by the Municipality as a 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 travels whether on payment or otherwise; (34) ―market‖ or ―Bazar‖ means- (a) a place where person 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 ware-houses 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 ―hat‖ 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 Municipality as is notified by the Governor under section-------- (35) ―municipal drain‖ means a drain vested in the Municipality; (35-a) ―municipal law‖ means a law for the time being in force for the organization and administration of municipalities; (36) ―municipal market‖ means a market vested in or managed by the Municipality; (37) ―municipal slaughter house‖ means a slaughter house vested in or managed by the Municipality; (38) ―municipal tax‖ means any tax levied by the Municipality under the provisions of this Act; (39) ―municipal water works‖ means a water work vested in or managed by the Municipality; (39-a) ―nazul land‖ means nazul lands within the city for the management, and disposal of which special rules have been made by the Government. (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; Madhya Pradesh Municipal Corporation Act, 1956 5 | P a g e (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 purifying substances, and filth of any kind but does not include sewage; (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 there of were let to a tenant, or a 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; (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 byelaws 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; (48) ―public securities‖ means- (a) securities of the Centre or any State Government; (b) securities, stock, debentures, or shares the interest where on 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 authorized by any order which the State Government make in this behalf; (49) ―public street‖ means any street- (a) over which the public have a sight of way; or (b) which have been heretofore leveled, paved, metalled, asphalted, channeled, sewered or repaired out of municipal or other public funds; or (c) which under the provisions of the 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 Union Act, 1926; (51) ―reside‖ a person shall be deemed to reside in any dwelling house or hut which or some portion of which, he sometimes, although not uninterruptedly, 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; Madhya Pradesh Municipal Corporation Act, 1956 6 | P a g e (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 implements by any municipal authority, by a group or groups of persons residing within the municipal area; (54-b) ―State Election Commission‖ means the State Election Commission constituted under Article 243-K of the Constitution; (55) ―street‖ means any road, foot-way, square, court alley or passage, accessible, whether permanently or temporarily to the public, whether a through fare or not; and shall not 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 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 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 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) ―tax‖ includes any toll, cess, fee or other import levied or leviable under this Act; (57) ―traffic sign‖ include, all signals, warning sign posts, direction posts, sign or other devices, erected by any person or authority authorized 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 capable of being used on a public street; (59) ―water closet‖ means a closet accommodation used or adopted or intended 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 tap situated on private property and connected with a water-main or pipe belonging to the Municipality; (b) the water pipe connecting such tanks, cistern, hydrant, stand pipe, meter or tape 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 stream, spring, well, pump, reservoir, cistern, tank duct whether covered or open sluice, main pipe, culvert, engine, water truck, hydrant, stand pipe, condint, 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 there in has the right of access or control, Madhya Pradesh Municipal Corporation Act, 1956 7 | P a g e and in which or within the compound or precincts of which any manual labour is employed or utilized in aid of or incidental to any process for the following purposes:- (i) the making of any article or part there of; or (ii) the altering repairing, ornamenting or finishing of any article; or (iii) the adopting for sale of any article. Madhya Pradesh Municipal Corporation Act, 1956 8 | P a g e PART -II- CONSTITUTION AND GOVERNMENT CHAPTER II- THE MUNICIPAL AUTHORITY