Amendment status not verified — confirm the current text below against the official source.
"house- drain". "house- gully". 'Clauses (42 A) and M2ti) were ins^ruicl by s. 7 ( IJ of ihe Calcuiia Mcmcip;tl Corpunrnoii (Amendment) Acl, 1997 (West Ben. Acl XXVI of 1997), ...... vV..r^w^,^>ss>s>s^ The Kolkata Municipal Corporation Act, 1980. LEX of 1980.] (Part I.—Chapter I.—Preliminary. —Sccfion 2.) *(42A) "heritage building" means any building of one or more premises, or any purl thereof, which requires preservation and conservation for historical, architectural, environmental or ecological purpose, and includes such portion of the land adjoining such building or any part thereof as may be required forfencingorcovcringoroihenvi.se preserving such building, and also includes the areas and buildings requiring preservation and conservation for the. purpose as aforesaid under sub-clause (iil of clause (a) ofsub-section (4) or section 31 of the West Bengal Town and Country (Planning and Development) Acl, 1919; '(42B) "Heritage Conservation Committee" means Ihe Heritage Conservation Committee constituted under sub-section (1) of section 4250; (43) "house-drain" means any drain of one or more premises used for the drainage of sttcli premises; (44) "liouse-gully"mennsapassageora strip of land constructed, set apart or utilized Tor the purpose of serving as a drain or of ;i ffording acccss to a pri vy, uri nal, cesspool or oilier rcceptacle lor filthy or polluted mailer lo municipal employees or to persons employed in the cleaning thereof in the removal or such matter therefrom and includes (he air spacc above such passage of land", (45) "hut" means any building, no substantial part of which excluding the walls op lo a height of fifty centimetres above the floor or floor level is constructed or masonry, reinforced concrete, steel, iron or other metar; (46) "infectious disease" or "communicable disease" means any disease which may be transmitted from one person Lo another and declared as such by tlx State Government by noli Ileal ion; (47) "in habited room" means a room in which some person passes the night or which is used as a living room and includes a room with respect lo which there isa reasonable presumption (until the contrary is shown) Ihatsomeperaon passes the night therein or that it is used as a living room; (48) "label" includes any tag, brand, mark or statement in writing on or nttachcd Lu or used in connection with any package containing any arlicle of food or any dmg or substance; "hut". "inrecliou* disease or communi- cable "inhabited room". "label". The Kolkaia Municipal Corporation Aci, I9S0. 581 "land or building", "market, bnznr". "masonry building". "milk". mis- bra nded" "municipal drain", "municipal market". "municipal slaughter- house' '. '"new building". (Pan I.—Chapter I.—Preliminary. —Section 2.) (49) "land or building" includes a bustee; (50) "market" shall be deemed lo be synonymous wiih [he expression "hazar" and .shall mean—- (a) L) place where persons assemble for the sale of meal, fish, fruit, vegetables livestock, or any oilier article of Tood of a perishable nature, whether or not there is any colleclion of shops or warehouses or stalls for [he sale of oilier articles in such place, or (b) any place of trade, oilier than a place referred to in sub- clause (a), where [here is a collection of shops or warehouses or stalls exceeding such number as the Corporation may specify, declared and licensed by the Corporation as a market; ^^1) "masonry building" means any building other than a hut ant! inehidcs any structure, a substantial part of which is made of masonry, reinforced concrete, steel, iron or other meial; 1{51 A) "member" means an elected Councillor, and includes a person nominated by the State Government under clause (b) of sub- section (I) of section 5; (52) "milk" includes cream, skimmed milk, separated milk and condensed, sterilized, desiccated or toned milk; (53) all drugs or articles of Tood which enter into the composition of food, the package or mark or label of which bears any statement, design or device regarding such drugs or articles of food or the ingredients or substances contained therein as may by false or may mislead in any particular, shall be deemed Lo be "misbranded'1 and a drug or an article of food shall also be deemed lobe misbranded if il is offered for sale under the name of another drug or nriiclc of food; (54) "municipal drain" means a drain vested in the Corporation; (55) "municipal market" means a market belonging Lo or maintained by ihe Corporalion; (56) "municipal slaughter-house" means a slaughter-house belonging to or maintained by the Corporalion; (57) "new building" means and includes— (a) any buildingcostnictedorin the process of conslruction after the commencement of this Acl, 'Clause (51 A) was in scned by 5.-1(1 )(b) of the West Bengal Municipal Corpora [ion Laws (Third A mend mum) Acl. 19M (Wcsl lien. Acl XXXVI of 199-1). 582 The Kolkata Municipal Corporation Act, 1980. [West Ben. Act LIX or 1980.] (Pari !,—Chapter I,—Preliminary'.—Section 2.) (b) any building which, having collapsed or having been demolished or bum! dawn Tor more thanone-halfofits cubical extent. is reconstructed wholly or partially after the commencement of [his Act, whether the dimensions o ["the reconstructed building a re the same as those of the original building or not, (c) any hut which is convened into a masonry building after the commencement of this Act, and (d) any building not originally constructed for human habitation which is converted inio □ place Tor human habitation after the commencement of this Act. Explanation.—Sub-cl ntise(b) applies whether more than one-halfoftliecubical externorany building has collapscd or been demolished or burnt down at the same time or at different times; (58) "notification" means a notification published in ihe Official '-noiifira- Cazetfc-, ucm ' (5'J) "nuisance" includes any act, omission, place or thing which "nuisance"', causes or is likely lo cause injury, danger, annoyance or offencc to the sense ofNight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous lo life or injurious lo health or property; (60) "occupier" includes any person for the time being paying or "occupicr". liable to pay Lo the owner the rent or any portion of the rent oflhc land or building in respect of which the word is used or for damages on account of [he occupation of such land or building, and also a rent-free tenant: Provided Lhui an owner living in or otherwise using his own land or building shall be deemed to be the occupier thereof, . (61) "offensive matter" means kitchen or stable refuse, dung, dirt, "offensive putrid or putrefying substance and filth of any kind which is malIir ■ not included in "sewnge"- '(61 A) "office-bearer" means the Mayor, the Chairman, the Deputy Mayor, or a member of Ihe Mayor-in-Council; (62) "owner" includes the person Tor the lime being receiving ilii' "owner", 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 who would receive such rent if the land or building or of any pari of [he land or building were let lo a tenant; 'Clause (61 A) was inserted by s. 1 or the Calcu'ia Municipal Corpor:nion(Amendment) A«, 2000 (West Hen. Ael XXUJ af20Q0), The Kolkaia Municipal Corporation Aci, I9S0. 583 "package". "party-wall" "platform". "prescribed". "Presiding OfJlccr "private sired". "public analyst". 37 of 1954, "public building " 'Clause (GKA) was inserted by s. 3(2) oflhc Calcium Municipal Corporalion (A in t nil m cm) Acl. 2001 (Wesl Ben. Act Vtllof2001). (Part I.—Chapter I,—Preliminary,—See I ion 2.) (63) "package" includes every means by which goods forcarriage or for storage or Tor sale arc cased in, covered, enclosed, contained or packed: (64) "party-w;)H"me;wsa wall forming part of a building and used or constructed lo be used Tor Ihe support and separation of adjoining buildings belonging to different owners or constructed or adapted lo be occupied by different persons; (65) "platform", when used wiih reference to a privy, means the surface containing the aperture through which the sewage passes into ihe receptacle or sewer; (66) "prescribed" with its grammatical variations means prescribed by rules made under this Act; (67) "PresidingOfficer" means iheChairmanclecleduiidersceiion 6 or tlic member of the panel of presiding officers nominated under seciion 93; (68) "private street" means any street, road, lane, gully, alley, passage or square which is not a public street, and includes any passage securing access lo Tour or more premises belonging to the same or different owners, but does not include a passage provided in effecting a partition of any masonry building amongst joint owners where such passage is less than iwo metres and fifty centimetres wide; '(68 A) "property i ax" means a rate assessed, on building or buildings, or on lands, or on both, and includes service charges levied on property tax under this AcL; (69) "public analyst" means any person having ihe qualifications prescribed by rules made under ihe Prevention of Food Adulteration Act, 1954 and appointed as such by the Corporalion with the approval of the State Government to perform the duties and to exercise Ihe powers or a public analyst as prescribed by rules made under that Act; (70) "public building" means a masonry building constructed, used or adapted lo be used— (a) as a place of public worship or as a school, college or olher place of instruction (not being a dwelling house so used) or as a hospital, workhouse, public theatre, public cinema, public hall, public concert-room, public ballroom, public Iceturc-room, public library or public exhibition-room or as a public place of assembly, or (b) for any other public purpose, or The Kolkaia Municipal Corporation 1980. 5 S3. LIX of 1980.] "public slreel". "nilcpnycr". "registered medkal practitioner". " regulation" "ruhhish". "rules". Ben. Acl VI of