Amendment status not verified — confirm the current text below against the official source.
212 The West Bengal Municipal Act, 1993. XXII of 1993.] (Part 1.—Chapter 1.—Preliminary.—Section 2.) (29) "inhabitated 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 to which there is a reasonable presumption (until the contrary is shown) that some person passes the night therein or that it is used as a living room; (30) "land"includes benefits arising out of land, and things attached to the earth; (31) "market" includes any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock, or any other article of food of a perishable nature, or any other article for which there is a collection of shops or warehouses or stalls, declared and licensed by the Municipality as a market; (32) "masonry building" means any building other than a hut, and includes any structure, a substantial part of which is made of masonry, reinforced concrete, steel, iron or other metal; (33) "milk" includes cream, skimmed milk, separated milk and condensed, sterilized, desiccated or toned milk; (34) all drugs or articles of food 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 be false or may mislead in any particular, shall be deemed to be "misbranded" and a drug or an article of food shall also be deemed to be misbranded if it is offered for sale under the name of another drug or article of food; (35) "municipal area" means any place in which this Act, or any part thereof, is in force; (36) "municipal drain" means a drain vested in the Municipality; (37) "municipal market" means a market belonging to or maintained by the Municipality; (38) "municipal slaughter house" means a slaughter house belonging. to or maintained by the Municipality; (39) "trw., building" means and includes— (a) any building constructed or in the process of construction after the commencement of this Act, (b) any building which, having collapsed or having been demolished or burnt down for more than one-half of its cubical extent, is reconstructed wholly or partially after the commencement of this Act, whether the dimensions of the reconstructed building are the same as those of the original building or not, 213 The West Bengal Municipal Act, 1993. [West Ben. Act (Pan L—Chapter 1.—Preliminary.—Section 2.) (c) any hut which is converted into a masonry building after the commencement of this Act, and (d) any building not originally constructed for human habitation which is converted into a place for human habitation after the Commencement of this Act. Explanation.—Sub-clause (b) applies where more than one-half of the cubical extent of any building has collapsed or been demolished or burnt down at the same time or at different times; (40) "notification" means a notification published in the Official Gazette; (41) "notified area" means an area constituted as a notified area under section 378; (42) "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 injurious to health or property; (43) "occupier" includes any person for the time being paying or liable to pay to the owner the rent or fee or contractual payment of adjustment of rent or fee or any portion thereof or damages on account of the occupation of any land or building, and also includes a rent-free tenant; Provided that an owner living in or otherwise using his own land or building shall be deemed to be the occupier thereof; (44) "offensive matter" means kitchen or stable refuse, dung, dirt, putrid or putrefying substance and filth of any kind which is not included in "sewage"; (45) "owner" includes the person for the time being receiving the 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 any part of the land or building were let to a tenant; (46) "premises" means any land or building or part of a building or any hut or part of a hut, and includes— (a) the garden, ground and out-houses, if any, appertaining thereto; and (b) any fittings or fixtures affixed to a building or part of a building or hut or part of a hut for the more beneficial enjoyment thereof; 214 The West Bengal Municipal Act, 1993. XXII.of 1993.] (Part L—Chapter 1.—Preliminary.—Section 2.) (47) "prescribed" means prescribed by rules made under this Act; (48) "private drain" means any drain which is not a municipal drain as defined in this section; (49) "private street" means any street, road, lane, gully, alley, passage or square which is not a public street as defined in this section, and includes any passage securing access to three or more premises belonging to the same or different owners; (50) "public building" means a building constructed, used or adapted to be used— (a) as a place of public worship or as a school, college or other place of instruction (not being a dwelling house so used) or as a hospital, nursing home, maternity home, factory, work house, public theatre, public cinema, public hall, public concert-room, public lecture-room, public library or public exhibition-room or as a public place of assembly, or (b) as a hotel, eating-house, lodging-house, home, hostel, refuge or shelter, or (c) for any other public purpose; (51) "public street" means any street, road, lane, gully, alley, passage, pathway, square or courtyard, whether a thorough fare or not, over which the public have a right of way, and includes— (a) the access or approach to a public ferry, (b) the roadway over any public bridge or causeway, (c) the footway attached to any such street, public bridge or causeway, (d) the passage connecting two public streets, and (e) the drains attached to any such street, public bridge or causeway, and, where there is no drain attached to any such street, shall be deemed to include also, unless the contrary is shown, all land up to the boundary wall, ail, hedge or pillar of the premises, if any, abutting on the street, or if a street alignment has been fixed, then up to such alignment; (52) "one-third of the total number of Councillors holding office for the time being shall be a "quorum" for a meeting; (53) "ratepayer" means a person liable to pay any rate, tax or fee under this Act; 215 The West Bengal Municipal Act, 1993. [West Ben. Act (Part IL—The Municipal Areas.—Chapter IL—The Constitution of Municipal Areas.—Section 3.) Declaration of intention to constitute a municipal area. (54) "registered medical practitioner" means a medical practitioner registered under the Bengal Medical Act, 1914; (55) "rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not offensive matter; (56) "rules" means the rules made by the State Government under this Act; (57) "service privy" means a fixed privy which is cleansed by hand daily or periodically, but does not include a movable commode; (58) "sewage" means night-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds; (59) "slaughterhouse" means any place used for the slaughter of cattle, sheep, goats, kids or pigs, or hens, fowls, chicken, ducks, turkeys or any other eatable birds for the purpose of selling the flesh thereof as meat; (60) "State Election Commission" means the State Election Commission constituted in the manner referred to in sub- section (1) of section 28; (61) "street" means a public or private street; (62) "street alignment" means the line dividing the land comprised in, and forming part of, a street from the adjoining land; (63) "watercourse" includes any river, stream or channel, whether natural or artificial; (64) "year" means a financial year beginning on the first day of April. PART H MUNICIPAL AREAS CHAPTER II The Constitution of Municipal Areas