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SECTION 2: -The clause’s (b) and (c) under the proviso were substituted vide Assam Municipal (Amendment) Act, 1958 (Assam Act XVII of 1958) for the then existing clause (b) published in the Assam Gazette, dated 13th June, 1958, to have come into force at once.

       Definitions-- In this Act, unless there is anything repugnant in the subject or context, -

1. "Board" means a Municipal Board.

          (1.A) "Boat" means steamer or vessel propelled by steams, motor, electrical or other mechanical power including flats and tugs country boat, rowboat, skiff or other likes craft.

2. "Building" means a house, hut, shed or other roofed structure, for whatsoever purpose and of whatever material constructed, and every part thereof, but shall not include a tent, or other merely temporary shelter including any kind of temporary shed erected on ceremonial or festive occassions;

3. "Carriage" means any wheeled vehicle with springs or other appliances acting as springs, of a kind ordinarily used for conveyance of human beings and includes jin-rickshaws, cycle rickshaws bicycles and tricycles but does not include perambulators and in particular does not include any motor vehicle as defined in the Assam Motor Vehicles Taxation Act, 1936 (Act I of 1936);

4. "Cart" means any cart, hackey or wheeled vehicle with or without springs which is not a carriage as defined in sub-section (3);

5. "the Commissioners" means the persons for the time being appointed or elected to conduct the affairs of any municipality under the Act;

6. "Compost mature" means the product prepared from offensive matter rubbish and sewage by subjecting them to the process of Compost making in the making in the manner prescribed by rules;

7. "Conservancy" means the removal and disposal of sewage, offensive matter and rubbish;

8. "Cabical extent" when used with reference to the measurement of a building, means the space contain within the external surfaces of its walls and roof and the upper surface of the floor of its lowest Or only story;

          (8a) "Cattle" shall mean and include oxen, bulls, cows, goats, sheep, horses, buffaloes, asses, mules and donkeys excluding those coveted by Section 68 (I) (g).

9. A supply of water for domestic purposes shall not be deemed to include a supply:

                (a) for animals or for washing carriages where such animals or carriages are kept for sale or hire.
                (b) for any trade, manufacture or business other than those concerned with the manufacture or supply of articles of food and drink for human beings,
                (c) for fountains,
                (d) for watering gardens, roads or paths,
                (e) for any ornamental or mechanical purpose,
                (f) for building purposes;

10.   "Drain" includes sewer, a houses-drain a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sulage sewage, offensive matter polluted water, rain water or sub-soil water;

11.   "Financial year" means the year commencing on the first day of April or on such other date as the State Government may, by confication appoint;

12.   "Food" notwithstanding anything contained in the Prevention of Food Adulteration Act, 1954 (or 37 of 1954), includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and also includes confectionery, flavoring and coloring matter and spices and condiments;

13.   "Half-year" a half-year commencing on the first day of April or the first day of October, or on such other dates as the State Government may by notification appoint;

14.   "Holding", means land held under one title or agreement and surrounded by one set of boundaries;

Provided, that where two or more adjoining holdings from part and period of the site or premises of a dwelling-house, manufactory ware-house, or place of trade or business, such holding shall be deemed to be one holding for the purposes of, this Act;

       Explanation- Holdings separated by a road or other means of communication such be deemed to adjoining within the meaning of this provide;

       Provided also that where land has been let out to occupants in separate parsets paying rents separately, each such parcel shall be treated as a distinct holding in spite of such parccis of land being held under one title;

15.   Any plot of land having clear' boundaries, and lying entirely vacant, if fit for building purposes or if yielding any Income, shall, when not appointment to any buildings and not used for any agricultural purposes be regarded as a holding",

16.   "House" means any hut, shop warehouse workshop masonry or framed building;

17.   "House-guilty" means a passage or strip of' land constructed set apart or utilized, for the purposes of serving as a drain or affording access to a latrine, urinal, cess-pool or other receptacle for fifthy or pointed matter by municipal servants or by persons employed in the cleansing thereof or in the removal of such matter therefrom and includes the air-space above such passage or land.

18.   "Hut" means any building, which is constructed principally of wood, mud, leaves, grasses or thatch and includes any temporary, structure of whatever size, or any small building of whatever material, made,

19.   "Infections or contagious disease" means cholera, plague smallpox, kala azar, tuberculosis, diphtheria and typhoid or enteric fever such other dangerous disease as the State Government may notify in this behalf,

20.   "Inhabitants" used with reference to a local area means any persons ordinarily reading or carrying on business or owning or occupying incoverble property therein,

21.   "Joint family", means a family of which the members live together, have a common mess and are descendants from a common ancestor and shall include wives or husbands, as the case may be, of its members but shall exclude married daughters and their children;

22.   "Land" includes (besides land) benefit arising out of land houses and things attached to the earth or permanently fastened to anything attached to the earth and a1so land covered by water.

23.   "Local authority" includes Local Boards, Municipal Boards, Town Committees and Panchayats,

24.   "Lodging house" means a house in which visitors or other persons are lodged for hire for a night or more and where there is community of eating or sleeping accommodation,

25.   "Magistrate" includes the District Magistrate, the Sub-divisional Magistrate and any Magistrate to whom either such Magistrate, has made over any duties under this Act,

26.   "Market" means any place where persons assemble for the sale of articles intended for food or drink or of livestock or other merchandise;

27.   "Municipal Board" means the body of persons or persons for the time being elected has been appointed to conduct the affairs of any municipality under this Act;

28.   "Municipal Market" means a market belonging to or maintained by the Board;

29.   "Municipality" means any local area declared by or under this Act to be Municipality;

30.   "Nuisance" includes any act, emission, place or thing which causes or is likely to cause injury danger, annoyance or offence to the sense of sight, smelling or hearing or which is or may be, dangerous to life or injurious to health or property;

31.   "Occupies" means the persons for the time being in actual occupation of, or paying, or liable to pay to the owner, the rent or any portion of the rent of the land or building in respect of which the word is used, and includes a person occupying a holding or part of holding rent free, and an owner living in his own house;

32.   "Offensive matter" means dirt, dung, kitchen and stable refuse, putrid or putrefying substance, and filth of any kind not included in the term sewage.

33.   "Owner" includes -

               (a) the person for the time being receiving the rent of any land of 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 for any religious or charitable purpose or as a receiver, or who would so receive such rent if the land, building or part thereof were let to a tenant, and
               (b) the person for the time being in charge of the animal or vehic1e, in connection with which the word is used;

34.   "Platform" as used in Section65 means any structure which is placed on or covers, or projects over any public road or any open drain sewer or aqueduct.

35.   "Prescribed" means prescribed by rules under this Act;

36.   "Public road" means any street road, square, court, alley, passage or pathway over which the publics have a right of way, whether a through fare or not and includes-

              (a) the road way over any public bridge or cause-way,
              (b) the footway attached so any such road, public bridge or cause-way, and
              (c) the drains attached to any such road public bridge or cause-way and the land, whether covered or not, by any pavement, verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or property of the State;

37.    "Private road" means any street, road, square, court, alley or passage which is not a public road and includes a pathway made by the owner or premises on his own land to secure access to or the convenient use of such premises;

38.    "Rates" as used in Section 14 means:

               (a) the tax upon the annual value of holdings,
               (b) license fees,
               (c) the water-tax on the annual value of holdings,
               (d) the lighting-tax on the annual value of holdings,
               (e) the drainage tax,
               (f) the latrine-tax on the annual value of holdings, and
               (g) the tax on private markets;

39. The expression "re-erect" with used with reference to a building, include-

               (a) the reconstruction of building, after more than one half of its cubical extent has been taken down or burnt down or has fallen down.
               (b) the conversion of one or more huts or temporary structures into a masonry or framed building.
               (c) the conversion into a place for human habitation of any building not originally constructed for such habitation; and
               (d) the extent of a building;

40.  " Rubbish " means broken brick, mortar, broken glass, or refuse of any kind whatsoever not included in the term "offensive matter";

41.  "Salaried servant of Government" means a whole time servant the Government who receives his salary directs from any Government and includes a manager of an estates under the Court of Wards and an officer whose services have been lent by any Government to a local authority but does dot include a retired servant of Government in receipt of a pension;

42.  "Sewage" means night soil and other content of latrines urinals cess-pools and drains, and includes polluted water from sinks bath-rooms, stables, cattle-sheds and other like places and also discharges from manufactories of all kinds;

43.  "Water works" includes all tanks, streams, cisterns springs pumps, wells, reservoirs aqueducts sluices mains pipes hydrants stand-pipes, conduits, and all engines, machinery, land buildings and things for supplying water.

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