Amendment status not verified — confirm the current text below against the official source.
In ibis Acl, unless llie context otherwise requires,— (I) u article shall be deemed 10 be "udu Iterated"— (a) in the case of drugs, ifits strength, quality or purity rails below Ihe professed standard under which it is sold or exposed Tor sale: (b) in the case of confectionery, if il contains any mineral substance or poisonous colouring or flavouring muiter or oilier i ngredicnts deleterious or dctri menial to health; and (c) in the case or food,— (i) if any substance has been mixed or packed with it so as lo reduce or lower or harmfully afreet iis quality or strength, or (ii) ifany substance hasbcensiib.stituted whollyorin pan for the article, or (iii) if any normal constituent or the article has been wholly or in pan abstracted, or (iv) if it is mixed, coloured, powdered, coated or stained in a manner whereby deterioration or inferiority is concealed, or (v) i fit does not comply with the standard prescribed therefor by or under this AcL or under any other law for the Lime being in force, or (vi) if it coniains or is mixed or diluted wilh any substance in any quantity to the prejudice of the purchaser or consumer or in any proportion which diminishes in any manner its food value or n 111 ri L i ve prope rl i es as c om pa red w i Lh the s am e i 11 a pure or normal slate and in an undeteriorated and sound condition, or (vii) if it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health, or (viii) ir il is not or the nature, substance or quality which ii purports or is represenled to be; LIX of 1980.1 The Kolkata Municipal Corporation Acl. I9S0. 576 "assess- ments book". l" hud pel- gram". "building" " build in g- line". "building of Llie ware- house class", Kolkaia)'". (Part I,—Chapter L—Preliminary.—Section 2.) (3) "assessment-book" means llie municipal assessment book referred Lo by section 191 and includes any books subsidiary thereto; (4) "budget-gram" means a sum entered on the expenditure side of the Budget Estimates which have been finally adopted, and includes any sum by which a budgel-grani is ai any lime increased by a transfer under clause (c) of sub-section (I) of section 132; '(5) "building" means a structure constructed for whatsover purpose and of whalsover materials and includes the foundation, plinth, walls, floors, roofs, chimneys, fixed platforms, verandas, balcony, cornice Dr projection or part of a building or anything affixed thereto or any wall (other lhana boundary wall less than three metres in height)enclosing or intended to enclose any land, signs and outdoor display structures but does not include a tent, samiana or tarpaulin shelter; (6) "building-line" means the line which is in rear of the street alignment and up to which the main wall of a building on a land abutting on a street or projected public street may lawfully extend; (7) "building of the warehouse class" means a building, the whole or a substantial part of which is used, or intended to be used, as a warehouse, factory, manufactory, brewery, or distillery, or for any similar purpose, which is neither a "domestic building" nor a "public building" as defined in this section, and includes a hut used or i ntended to be used for any of the purposes mentioned in this clause; (8) "bustee" means an area containing land not less than seven h u ndred square metres in area oeeu pied by or for t he purposes of any collection or huts or other structures used or intended to be used for human habitation. Explanation.—If any question arises as to whether any particular area is or is not a bustee, the Corporation shall decide the question and its decision shall be final; (9) "-fKolkataJ" means the area described in Schedule I; 576 "c rim age "Van . "category A pOil", "L.ifiM'nry R posl". "cnlc£0ry C pcsl". "cnlcgory D post". "CI i airman". "connccicd- privv", "conncctcd- u final". "Corpori- lion". "cubica l c.iicm". "dairy". The Kolkarc. Municipal Corporation Act, I9S0, [West lien. Acl (Part I.—Chapter /.—Pre I imir a ry. —-Si' a ion 2.) (11) "carriage" means any wheeled vehicle, with springs or other appliances acting as springs, which is ordinarily used for the convcyancc of human beings, and includes a jin-rickshaw, cycle- rickshaw, bicycle or tricycle, but does not include a perambulator or other form of vehicle designed for tha conveyance or small children; (12) "can" means any can, liackney or wheeled vcliiclc with or wiLhoiit springs, wliidi in not a "carriage" as defined in this section, and includes a hand-cart '[or a cycle van or a push van], but does not include any wheeled vchiclc which is propelled by mechanical power or its trailer; (13) "category A post" means a category A post classified as such under secLion 17; (14) "category B post" means a category Ii post classified as such tinder section 17; (15) "category C post" means a category C post classified as such under section 17; (16) "category D post" means a category D posi classified as such under section 17; (17) "Chairman" means the Chairrruui elected under section 6; (18) "con n ec led-privy" means a privy which isdirectly connected with a sewer, (19) "connected-urinal" means a urinal which isdirectly connccted with a sewer; 2* * ;f? * * (21) "Corporation" means the '[Kolkata] Municipal Corporation established under this A.ct; (23) "cubical enient", with reference to the measurement of a building, means the space contained within the external surfaces of i is walls and ry of and the upper aurfaccolihc floor of its lowest or only storey; (24) "dairy" includes any farm, cattle-shed, cow-ho use, mtlk- siorc, mi Ik-sliop ui other place— (a) from which milk is supplied on or for sale, or 578 The Kolkata Municipal Corporation Act, 1980. [West Ben. Act "d.iiryuun". "dangerous disease". "dcpol". "domcslic building". "domestic pjrposcs". "drain". "drug". 2.1 on wo. (Part I.—Chapter I.—Preliminary.—Section 2.) (b) in which milk is kepi for purposes or sale or used Tor manufacture or preparation Tor sale of— (i) butter, or (ii) ghee. or (iii) cheese, or (iv) curds, or (v) dried, sterilized, condensed or loned milk, bui does not include— (a) ashoporothcrpjneein which milk is sold ftir consumption oil ihe premises only, or (b) nshoporotherplacefrom which milk is sold orsupplicd in hermetically closed and unopened receptacles in the same original condition in which ii was first rcccived in such shop or other place; (2.*)} "dairyman" ineludes nny occupier of a dairy, any cow- keeper who trades in milk, or any wholesale or retail seller of milk; (26) "dangerous disease" means— (a) cholcro, plague, small-pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis and syphilis; and (b) any oiher epidemic, endemic, or infectious disease which ihe Slate Government may, by notification, declare to be a dangerous disease for (he purposes of this Act; (27) "depot" means a place where articles are stored, whether for saleorforany other purpose but not for domestic consumption or use, in quantities exceeding two thousand kilograms; (28) "domestic building" includes a dwelling house and any other masonry building which is neither a building of the warehouse class nor a public building as defined in this section nor a place exclusively used Tor private worship; (29) "domestic purposes", in relation to the supply of walermeans the purposes other than those referred to in sub-section (2) or section 2'38; (30) "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 mailer, polluted waier, rain-water Dr subsoil water; (31) "drug" means any substance used as medicinc or in Lhe composition or preparation of medicines, whether fori mental or external use, but does nol include a drug within the mcaningofclause (b)ofsection 3 ofthcDrugs and Cosmetics Act, I940: LIX of 1980.1 The Kolkata Municipal Corporation Acl. I9S0. 579 "dwelling hou.se". "edible oil". "edible fai". 'Tillered water'. "food". "Fooipaih". "liabilablc room". "tinlf-ycar" (Part 1.—Chapter I.—Preliminary.—Section 2.) (32) "dwelling house" means a masonry building constructed, used or adapted LO be used wholly or principally Tor human habitation: (33) "edible oil" means cocoanui oil, cotion seed oil, groundnut oil, olive oil and lil (sesame) oil, in theirpurc state, linseed oil, Mahua oil. musi nrd oil, rapesecd oil, poppy sued oil. sunflower oil, tara mira oil, nigcr seed oil, soyabean oil, maize oil, plam oil, plam karnel oil, waler melon seed oil, in their pure slate, imported saladoil labelled as such, any vegetable oil, prepared by hardening process such as hydrogen at ion and labelled as suclt and bearing in ihe label in English and Bengali the names of the oils entering into Us composition and any other oil which [lie Slate Government may, by notification, declare 10 be an edible oil for the purpose of this ACL; (34) "edible fat" means prepared in a manner approved by [he Chief Municipal Health Officer from healthy goats, sheep, pigs, cows, buffaloes, or any oilier animal which ihe State Government may, by nolificalion, specify for ihe purposes of 111 is clause; '(35) "clecled inertihcr" means an elected Councillor; 2$ ^ (38) "filtered water" means waler intended for domestic use and tested for its potability and purity and found fit for such use; (39) "food" includes every article used for food or drink by man, oLtier than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation or human food, and also includes confectionery, flavouring and colouring matters, spices and condiments; (40) "Footpath" means a category VI road which abuts a category 1 or category fl or category III or category IV road; {41) "habitable room" means a room constructed or adapted for human habitation; (42) "half-year" means hall of a year; 'Clause (35) was .subsumed Torllie original by 5. 4() )(a) (if ihe Wesl Bengal Municipal Corporation Laws (Third Amendment) Acl, 1994 (West Ben. Acl XXXVI of 1994) -Onuses nfr) and (37) wcic omirlcrf by s. 1 of lire Calculiri Municipal Corporation (Amendment) Act, 19% (Wcsl I3cn. Ac. VI uf 1096). 580 Wcsi Ben. AclXlllor