Definitions

In this Act, unless there is anything repugnant in the subject or context - (1) "bridge" includes a culvert; (2) "building" includes a house, out-house, stable, privy, urinal, shed, hut, wall (other than a boundary wall, not exceeding ten feet in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever, but does not include any temporary shed erected on ceremonial or festive occasions; (3) "conservancy" means the removal and disposal of sewage, offensive matter and rubbish; (4) "dangerous disease" means - (a) cholera, plague, small-pox, cerebrospinal meningitis and diptheria; and (b) any other disease which the State Government may, by notification, declare to be a dangerous disease for all or any of the purposes of this Act. (5) "drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other such device for carrying of sullage, sewage, offensive matter, polluted water, rain water or sub-soil water; (6) "holding" means land held under one title or agreement and surrounded by one set of boundaries: Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purpose of this Act. Explanation : Holdings separated by a street or other means of communication shall be deemed to be adjoining within the meaning of this proviso; (7) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building (not being masonry building) of whatever material made; (8) "inhabitant" used with reference to any local area means any person ordinarily residing or carrying on business or owing or occupying immovable property therein; (9) "land" includes benefits arising out of land, and things attached to the earth, or permanently fastened to any thing attached to the earth; (10) "market" includes any place where persons assemble for the sale of any living thing intended for human food or of any article of food; (11) "notification" means a notification published in the official Gazette. (12) "occupier" mean any person for the time being in possession or deemed to be in possession of any land or building in respect of which the word is used and includes an owner living in, or otherwise using, his own land or building. (13) "owner" includes the person for the time being receiving the rent of any land or building or any part of any land or building whether on his own account or as agent or trustee for any person of society or 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; (14) "prescribed" means prescribed by this Act or by rules or by-laws made thereunder; (15) "private street" means any street, road, lane, gully, alley, passage or square which is not a public street as defined in this Section, but does not include a passage securing access to less than four premises, or a passage provided in effecting the partition of any building amongst joint-owners; (16) "public street" means any street, road, lane, gully, alley, passage, pathway, square or Court, whether a thoroughfare or not, over which the public have a right of way, and includes - (a) the roadway over any public bridge or causeway, (b) the footway attached to any such street, public bridge or causeway; (c) the passage connecting two public streets and (d) 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 upto the boundary wall, hedge or pillar of the premises, if any, abutting on the street, or if a street alignment has been fixed, then upto the alignment; (17) "sewage" means night-soil and other contents of privies, urinals, cesspools or drains and includes trade effluent and discharges from manufactories of all kinds; (18) "slaughter house" means any place used for the slaughter of cattle, sheep, goat, kids or pigs for the purpose of selling the flesh thereof as meat; (19) "year" means a year beginning on the first day of April. In the Gangtok Municipal Corporation Act, 1975 (hereinafter referred to as the principal Act), in section 2, -

(a) clause (1) shall be re-numbered as clause (1a) and before the clause as so re-numbered, the following clause shall be inserted, namely:-

(1) "Administrator" means the officer appointed by the State Government under sub-section (5) of section 3, ';

(b) after clause (3), the following clause shall be inserted, namely:-

'(3a) "Corporation" means the Gangtok Municipal Corporation constituted under sub-section(1) of section 3;';

(c) after clause (5), the following clause shall be inserted, namely:-

'(5a) "Executive Officer" means the officer appointed by the State Government under section 10;';

(d) after clause (18) , the following clause shall be inserted, namely:-

'(18a) "Tribunal" means the Tribunal constituted by the State Government under section 49F.'