Definitions

In this Regulation, unless there is something repugnant in the subject or context- (1) "Administrator" means the Lieutenant Governor of the Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution; (2) "building" means a house, hut shed or other roofed structure, for whatsoever purpose, and of whatsoever material constructed, and every part thereof, and includes a wall and a well, but does not include a tent or other such portable and merely temporary shelter; and "part of building" includes any wall, underground room or passage, verandah, fixed platform, plinth staircase, or door-steps attached to, or within the compound of an existing building or constructed on ground which is to be the site or compound of a projected building; (3) "bye-law" means a bye-law made at a special meeting of a municipality in exercise of a power conferred by this Regulation; (4) "casual vacancy" means a vacancy occuring otherwise than by flux of time in the office of a member of the Municipality or any other elective office and casual election means an election held to fill a casual vacancy; (5) "Deputy Commissioner" means the Deputy Commissioner of the Andaman and Nicobar Islands and includes any other officer specifically appointed by the Administrator to perform all or any of the functions of the Deputy Commissioner under this Regulation in relation to a Municipality; (6) "district" means the district of Andaman and Nicobar Islands; (7) "District Judge" means the District Judge of the Andaman and Nicobar Islands; (8) "drain" includes a sewer, pipe, ditch, channel or any other device for carrying off sullage, sewage, polluted water, rain water or sub-soil water together with pail-depots, traps, sinks, cisterns, flush-tanks and other fittings appertaining thereto; (9) "Election commission" means the Election Commission of the Union territory referred to in section 32; (10) "Election commissioner" means the Election Commissioner of the Union territory referred to in section 32; (11) "explosive" has the meaning given to [it] in clause (1) of section 4 of the Explosives Act, 1884; (12) "factory" means a factory as defined in the Factories Act, 1948; (13) "filth" includes sewage, dung, dirt, swill, putrid and putrefying substances and all offensive matter; (14) "Government" means the Government of Union territory of the Andaman and Nicobar Islands; (15) "Joint Committee" means a Joint committee constituted under section 19; (16) "infectious or contagious disease" includes cholera, leprosy enteric fever, small pox, tuberculosis, diphtheria, plague, influenza and any other epidemic, endemic or infectious disease which the Administrator may, by notification, declare to be an infectious or contagious disease for the purposes of this Regulation; (17) "inhabitant" in relation to a municipal area means any person ordinarily residing or carring on business, or owning or occupying immovable property therein, and, in case of any dispute, means any person declared by the Deputy Commissioner to be an inhabitant; (18) "land" includes land which is being build 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 dues created by law or any street; (19) "layout" means a layout formed by an individual or body of persons, whether incorporated or not; (20) "Licenced plumber", "licenced surveyor", "licenced architect", "licenced engineer" and "licenced structural designer" respectively means a person licenced by the Municipality as plumber, surveyor, architect, engineer or structural designer under this Regulation; (21) "lodging house" includes a collection of buildings or a building or part of a building used for the accommodation of travellers; (22) "major road" means any surfaced, that is to say metalled and motorable public street not constructed by or on behalf of a municipality out of the municipal fund, which may be declared by the Administrator to be maintainable by the Andaman Public Works Department; (23) "market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, livestock, food for live-stock, meat, fish, fruit, vegetables, flowers, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such places, 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 person; (24) "member" means a member of Municipality; (25) "municipal area" means any area declared under section 3 to be a municipal area; (26) "notification" means a notification published in the Official Gazette; (27) "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; (28) "occupier" includes an owner in actual occupation of his own land or building and any person for the time being paying or liable to pay to the owner of any land or building the rent or any portion of the rent payable in respect thereof; and in Chapter VII includes a hotel keeper, a lodging house and any owner whose premises are let to more than one tenant; (29) "offensive matter" includes animals carcasses, dung, dirt, and putrid or putrefying substances other than sewage; (30) "officer" in relation to a Municipality means a person holding an office created or continued by or under this Regulation, but does not include a member as such; (31) "Official Gazette" means the Andaman and Nicobar Islands Gazette; (32) "owner" includes the person for the time being holding the licence, permit or grant under the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926 in respect of any land also the person for the time being receiving the rent of any land or building, whether on his own account or as agent or trustee for any person or society or for any religious charitable purpose or who would so receive the same if the land or building were let to a tenant; (33) "petroleum" means petroleum as defined in clause (a) of section 2 of the petroleum Act, 1934; (34) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published; (35) "premises" includes messuages, buildings and lands to any tenure whether open or enclosed, whether built upon or not and whether public or private; (36) "prescribed" means prescribed by rules made under this Regulation; (37) "private street" means any street road square court alley, passage or riding path, which is not a public street but does not include a path way made by the owner of the premises on his own land to secure access to or the convenient use of such premises; (38) "Public Health Officer" means the Public Health Officer of the Municipality appointed under section 24; (39) "public place" means a place in a municipal area not being private property, which is open to the use or enjoyment of the public; (40) "public street" means any street in a municipal area which - (i) has with the consent express or implied of the owner of the site thereof, been levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public funds, or (ii) under the provisions of this Regulation becomes, or is declared by the Municipality to be, a public street; (41) "rateable value" means the value of any building or land fixed in accordance with the provisions of this Regulation and the rules for the purpose of assessment to property tax; (42) "rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and refuse of any kind which is not offensive matter or sewage; (43) "rule" means a rule made in exercise of a power conferred by this Regulation; (44) "servant" in relation to a Municipality means any person in the pay and service of the Municipality; (45) "sullage" means night soil and other contents of latrines, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattlesheds and other like places and includes trade effluents and discharges from manufactories of all kinds; (46) "sewer" means a closed conduit for carrying of sewage, offensive matter, polluted water, waste water or sub-soil water; (47) "street" means any road, bridge, foot-way lane, square alley or passage in a municipal area along which the public or any portion of the public has a right to pass and includes the drains, gutters on either side, and the land up to the defined boundary of any abutting property notwithstanding the projection over such land of any verandah or other superstructure; (48) "street alignment" means a line dividing the land comprised and forming part of a street from adjoining land; (49) "sub-committee" means a sub-committee established under section 16; (50) "tax" includes rate, fee or cess levied or imposed by a Municipality under any of the provisions of this Regulation; (51) "trade effluent" means any liquid either with or without particles of matter in suspension therein which is wholly or in part produced in the course of any trade or industry carried on at the trade premises and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage; (52) "trade premises" means any premises used for intended to be used for carrying on any trade or industry; (53) "trade refuse" means the refuse of any trade or industry; (54) "Union territory" means the Union territory of the Andaman and Nicobar Islands; (55) "Vehicle" includes a bicycle, tricycle and motor car and every other wheeled conveyance which is used or is capable of being used on a public street; and (56) "water works" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, cuts, sluices, mains, pipes, culverts, engines, hydrants, stand-pipes, conduits, and all machinery, lands, buildings, bridges and all things for supplying or used for supplying water.