State Act

The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

2. Definitions.— In this Act, unless the context otherwise requires,— (1) “appointed day”, in relation to an area means the date on which the relevant provisions of this Act come into force in that area; 6[(1A) “Backward Class of Citizen”, means such classes or parts of or groups within such classes as are declared, from time to time by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;] (2) “building”, includes a house, out-house, stable, shed, hut and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, platforms, plinths, door steps, walls (including compound wall) and fencing and the like; 1[(2A) “business”, includes,— (a) any trade, commerce, profession, consumption or manufacture or any venture or concern in the nature of trade, commerce, profession, consumption or manufacture, whether or not such trade, commerce, profession, consumption, manufacture, venture or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, profession, consumption, manufacture, venture or concern and whether or not there is any volume, frequency, continuity or regularity in such trade, commerce, profession, consumption, manufacture, venture or concern; (b) any transaction in connection with, or incidental or ancillary to, such trade, commerce, profession, consumption, manufacture, venture or concern whether or not such transaction is in respect of capital assets and whether or not it is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction, and whether or not there is any volume, frequency, continuity or regularity in such transaction; (c) any occasional transaction in the nature of such trade, commerce, profession, consumption, manufacture, venture or concern involving import, purchase or sale of goods in the municipal area, whether or not there is any volume, frequency, continuity or regularity to such transaction and whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction; (d) any transaction in connection with, or incidental or ancillary to, the commencement or closure of such trade, commerce, profession, consumption, manufacture, venture or concern, whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction. Explanation.— For the purposes of this clause, the activities of raising of man-made forests or rearing of seedlings of plants shall be deemed to be a business;] (3) “by-law” means a by-law made or deemed to be made by the Council under this Act; 2[* * * Deleted] (4) “Cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from building; (5) “Chief Officer” means the person appointed or deemed to be appointed under this Act to be the Chief Officer of a municipal area; 3[(6) “Council” means a municipal council constituted or deemed to have been constituted for a smaller urban area specified in a notification issued in this respect under clause (2) of article 243-Q of the Constitution of India or under sub-section (2) of section 3 of this Act;] 4[(7) “Councillor” means a person duly elected as a member of the Council, 5[the directly elected President] 6[* * * *] and includes the nominated Councillor, who shall not have the right,— (i) to vote at any meeting of the Council and Committees of the Council; and 7[(ii) to get elected as 8[a President of the Council in accordance with sections 51A-1B under section 51 or] a Chairperson of any of the Committees of the Council;] (8) “dairy” includes any farm, cattle-shed, cow-house, milk-store, milk-shop or other place from which milk is supplied for sale or in which milk is kept for purposes of sale or manufactured into butter, ghee, cheese, curds or dried, sterilized or condensed or toned milk, but does not include,— (A) a shop or other place in which milk is sold for consumption on the premises only, or (B) a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place; 1[(8A) “dealer” means any person who whether for commission, remuneration or otherwise imports, buys or sells any goods in the municipal area for the purpose of his business or in connection with or incidental to his business, and includes,— (a) a factor, broker, commission agent, del credere agent or any other mercantile agent, by whatever name called, and whether or not of the same description as hereinbefore specified, who buys, sells, supplies, distributes or imports any goods in the municipal area, belonging to any principal or principals whether disclosed or not; (b) an auctioneer, who sells or auctions goods in the municipal area, belonging to any principal whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal; (c) the Central Government or any State Government which (whether or not while carrying on business) buys, sells, supplies, distributes or imports goods directly or otherwise; (d) a society, club or other association of persons (whether incorporated or not) which, whether while carrying on business or not, imports, buys, sells, supplies, or distributes goods whether for or on behalf of its members or not, for cash or for deferred payment or, for commission, remuneration or otherwise. Explanation.— For the purposes of this clause,— (A) a manager or agent of a non-resident dealer residing in the municipal area who imports, buys, sells, supplies or distributes goods in the municipal area, or acts on behalf of such dealer as,— (a) a mercantile agent as defined in the Sale of Goods Act, 1930 (3 of 1930), or (b) an agent for handling of goods or documents of title relating to goods, or (c) an agent for the collection or the payment for the sale price of goods, shall be deemed to be a dealer or as a guarantor for such collection or payment; and (B) each of the following persons and bodies who disposes of any goods including goods as unclaimed or confiscated or as unserviceable or as scrap, surplus, old, obsolete or discarded material or waste products whether by auction or otherwise, directly or through an agent for cash, or for deferred payment, or for any other valuable consideration, shall, notwithstanding anything contained in clause (8A) or any other provisions of this Act, be deemed to be a dealer, namely :— (a) Port Trusts; (b) Municipal Corporations, Municipals Councils, Zilla Parishads and other local authorities; (c) Railway administration as defined under the Indian Railways Act, 1890 (9 of 1890); (d) Shipping, transport and construction companies; (e) Air transport, companies and Airlines; (f) Transporters, holding permit for transport vehicles granted under the Motor Vehicles Act, 1988 (5 of 1988), which are used or adapted to be used for hire or reward; (g) Maharashtra State Road Transport Corporation constituted under the Road Transport Corporations Act, 1950 (64 of 1950); (h) Customs Department of the Government of India administering the Customs Act, 1962 (52 of 1962); (i) Insurance and Financial Corporations, or Companies, and Banking Companies; (j) Advertising agencies; (k) any other Corporation, Company, Body or Authority owned or set-up by, or subject to administrative control of, the Central Government or any State Government. Exception.— (i) Any individual who imports goods for his exclusive consumption or use and a Department of State or Central Government not engaged in business shall not be a dealer. (ii) An agriculturist who sells exclusively agricultural produce grown on the land cultivated by him personally, shall not be deemed to be a dealer within the meaning of this clause;] (9) “Director” means the person appointed by the State Government to be the Director of Municipal Administration under this Act; 1[(9A) “District Administration Officer (DAO)” means the officer appointed as a District Administration Officer by the Government, for the purposes of this Act;] (10) “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 water, sullage, waste water, rain water or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any electors, compressed air main, sealed sewage mains and special machinery and apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place; 2[(10A) “dry latrine” means a latrine in which human excreta are collected in a receptacle and then removed by human agency;] (11) “eating house” means any premises to which the public or any section of the public are admitted and where any kind of food is prepared or supplied for consumption on the premises or elsewhere for the profit or gain of any person owning or having an interest in or managing such premises; 3[(12) “election” means an election to a Council, or to the office of the President, as the case may be, and includes any by-election;] (13) “factory” means a factory as defined in the Factories Act, 1948 (LXII of 1948); (14) “Filth” includes sewage, night-soil and all offensive matter; 4[(14A) “Finance Commission” means the Finance Commission constituted in accordance with the provisions of article 243-I of the Constitution of India;] (15) “food” includes every article used for food or drink for human consumption other than drugs or water, and any article which ordinarily enter into or is used in the composition or preparation of human food, and also includes confectionery, flavouring, and colouring matters and spices and condiments; (16) “goods” includes animals; (17) “House-drain” means any drain of and used for the drainage of, one or more buildings or premises and made merely for the purpose of communicating therefrom with a municipal drain; (18) “house-gully” or “service passage” means a passage or strip of lands constructed, set apart or utilized for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to servant of the Council or to persons employed in the cleaning thereof or in the removal of such matter therefrom; 1[(18-A1) “importer” means a person who brings or causes to be brought any goods into the limits of the municipal area for use, consumption or sale therein;] 2[(18A) “Industrial Township” means such urban area or part thereof as the State Government may, having regard to the factors mentioned in the proviso to clause (1) of article 243-Q of the Constitution of India, by notification in the Official Gazette, specify to be an Industrial Townships under section 341-F;] (19) “land” includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by Legislative enactment over any streets; (20) “local authority” means a Council or a Municipal Corporation constituted under the 3Bombay Municipal Corporation Act (Bom. III of 1888), or the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949), or the City of Nagpur Corporation Act, 1948 (C. P. Berar II of 1950), or Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962), or a Village Panchayat constituted under the 4Bombay Village Panchayats Act, 1958 (Bom. III of 1959). 5[(20A) “local newspaper” means any printed periodical work containing public news or comment on public news having wide circulation in the area of the relevant Municipal Council (Berar II of 1950);] (21) “lodging house” means a building or part of a building where lodging with or without board or other service is provided for a monetary consideration, and includes a lodging house for pilgrims whether lodging is provided for or without any monetary consideration; (22) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, live-stock or food for live-stock or meat, fish, fruit, vegetable, animals intended for human food, or 6[any other articles intended for use or consumption by or for human being or animals] whatsoever without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other persons; 7[(22A) “Meeting Superintendent” means the officer or the person designated as a Meeting Superintendent by the Chief Officer for the purpose of maintaining proceedings of the Council and Committees and responsible for receiving the proposals as per section 83A;] (23) “milk” includes cream, skimmed milk, separated milk and condensed, sterilized, desiccated or toned milk; 8[(24) “municipal area” means the territorial area of a Council or a Nagar Panchayat;] (25) “municipal market” or “municipal slaughter-house” means a market or a slaughter-house, as the case may be, which belongs to or is maintained by the Council; 9[(25A) “Nagar Panchayat” means a Nagar Panchayat constituted for a transitional area notified under section 341A of this Act;] (26) “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 which is or may be dangerous to life or injurious to health or property; (27) “occupier” includes— (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable, (b) an owner living in or otherwise using his land or building, (c) a rent-free tenant, (d) a licensee in occupation of any land or building, and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (28) 1[* * * *] (29) “offensive matter” includes animal carcasses, dung, dirt and putrid or putrefying substances other than sewage; (30) “officer or servant of the Council” means an officer or servant appointed by the Council or any other Competent Authority subordinate to it, and includes any Government Officer or servant who is for the time being serving under the Council; (31) “official year” or “financial year” means the year commencing on the first day of April; (32) “owner” means— (a) when used with reference to any premises, the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let, and includes,— (i) an agent or trustee who receives such rent on account of the owner; (ii) an agent or trustee who receives the rent of, or is entrusted with or concerned for, any premises devoted to religious or charitable purposes; (iii) a receiver, sequestration or manager appointed by any Court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of, the said premises; and (iv) a mortgagee-in-possession; and (b) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or boat; (33) “population” means the population as ascertained at the last preceding census 2[of which the relevant figures 3[* *] have been published;] 4[Explanation.— For the purposes of this clause, the expression “published” means the latest published relevant census figures; whether provisional or final, and in the absence of the latest relevant census figures, the relevant figures of the census immediately preceding the latest census, final figures of which have been published;] (34) “premises” includes messuages, buildings and lands of any tenure whether open or enclosed, whether built on or not and whether public or private; (35) “prescribed” means prescribed by rules; (36) “President” and “Vice-President” means the President and Vice-President of the Council; (37) (a) “Private market” means a market which is not a municipal market, but does not include a market established for the purposes of any law for time being in force regulating the marketing of agricultural and other produce in such markets; (b) “Private slaughter-house” means a slaughter-house which is not a municipal slaughter-house; (38) “private street” means a street which is not a public street; (39) “privy” means a place set apart for defecating or urinating or both together with the structure comprising such place, the receptacle therein for human excreta and fittings and apparatus, if any, connected therewith, and includes a closet of the dry type, an aqua privy, a latrine and a urinal; (40) “public place” includes any public part or garden or any ground to which the public have or a permitted to have access; (41) “public securities” means,— (a) securities of the Central Government and of any State Government; (b) securities, stocks, debentures or shares the interest whereon has been guaranteed by the Central or the State Government; (c) debentures or other securities for money issued by or on behalf of any local authority in exercise of powers conferred by any enactment for the time being inforce in any part of the territory of India; or (d) securities expressly authorised by any order which the State Government makes in this behalf; (42) “public street” means any street,— (a) over which the public have a right of way; (b) heretofore levelled, paved, metalled, channelled, sewered, or repaired out of municipal or other public funds; or (c) which under the provisions of this Act becomes, or is declared, a public street; 1[(42A) “registered dealer” means a dealer registered under section 148F;] (43) “rubbish” includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and refuse of any kind which is not offensive matter of sewage; (44) “rules” means rules made by the State Government under this Act; 2[(44A) “sanitary staff” means the staff actually employed for a sweeping or cleansing streets or for carrying away refuse or for cleansing latrines, sewers, drains or public places;] (45) “Scheduled Castes” means such castes, races or tribes or parts of, or groups within such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Maharashtra under Article 341 of the Constitution of India; (46) “Scheduled Tribes” means such tribes, or tribal communities or parts of, or groups within such tribes, or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under Article 342 of the Constitution of India; (47) “sewage” means night-soil and other contents of water closets, latrines, privies, urinals, cesspools or drains and polluted water from sinks, bath-room, stables, cattle-sheds and other like places and includes trade effluent and discharges from manufactories of all kinds; 1[(47A) “a smaller urban area” or “a transitional area” shall mean an area specified as “a smaller urban area” or “a transitional area” as the case may be, by a notification issued under clause (2) of article 243-Q of the Constitution of India or under this Act; (47B) “State Election Commission” means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (1) of article 243-K of the Constitution of India;] (48) “street” means any road, foot-way, square, court-alley or passage, accessible whether permanently or temporarily to the public, whether a thoroughfare or not; and shall 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 a means of access to or from any public place or thoroughfare, whether such persons as 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; (49) “total number of Councillors” in relation to a Council, means the total number of the elected 2[Councillors] of that council; 3[(49A) “turnover of purchases” means the aggregate of the amount of purchase price paid and payable by a dealer or a person in respect of any purchase of goods made by him during a given period, after deducting the amount of purchase price, if any, refunded to the dealer or the person by the seller in respect of any goods purchased from the seller and returned to him within a period of six months; (49B) “turnover of sales” means the aggregate of the amount of sale price received and receivable by a dealer or a person in respect of any sale of goods made during a given period after deducting the amount of sale price, if any, refunded by him to a purchaser, in respect of any goods purchased and returned by the purchaser to him within a period of six months and where the registration certificate is cancelled, the amount, in respect of sales made before the date on which the cancellation became effective, received or receivable after such date;] (50) “vehicle” includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, motor-car and every wheeled conveyance which is used or is capable of being used on a street; 4[(50A) “Wards Committee” means the Wards Committee constituted under section 66-A of this Act;] (51) “water closet” means a closet which has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action; (52) “water-connection” includes,— (a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a private property and connected with a water-main or pipe belonging to the Council; and (b) the water-pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water-main or pipe; (53) “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, conduit, and machinery, land, building, or thing for supplying or used for supplying water or for protecting sources of water supply; 5[(54) “wet latrine” means a latrine in which human excreta are removed by water into a septic tank or municipal underground drainage and are not required to be removed by human agency.]