Chapter I PRELIMINARY

1. (1) This Act may be called the Mad~~rai City Muni- Short title, extent and CC-- nencemeb t
2. (2) It extends to the City of Madurai.
3. (3) It shall be deemed to have come into forceon the first day of May 1971.

In this Act, unless the context otherwise requires,-

1. (1) "appoint" includes to appoint temporarily or in an offic~ating capacity;
2. (3) "budget grant" means any sum entered on the expenditure side of a blag~l estimate which has been adopted by the council ;
3. (4) "building" inlcudes-
   • (a) a house, out-house, stable, latrine, godown, structure whether of masonry, ny other. material whatsoever ; 1s or simply refting on the foundations ; and
   • (c) a ship, vessel, boat, tent, van and any ot structure used fur human habitation or used for bpi ng o storing any article or goods ;
4. (5) "building-line" mans a line which is the street-alignment and to which the main ding abutting on a:street may lawfully extend and beyo which no portion of the building may extend exwpt prescribed in the building rules ;
5. (6) "carriage" means any wheeled vehicle springs or other appliances acting as springs and incl any kind of bicycle, tricycle, ric!cshaw and palanquin, docs not iuclude any motor vehicle within the meaning o the Motor Vehicles Act, 1939 (Central Act IV of 1939);
6. (7) "cart" includes any wheeled vehicle which is nota carriage but does not includeany motor vehicle within :he meaning of the Motor Vehicles Act, 1939 (Central Act. IV of 1939) ;
7. (8) "casual vacancy" means a vacancy occurring otherwise than by efflux of time anci "casual election" mans an election held on the occurrence of a casual vacancy ;
8. (9) "City of Madurai" or "City" mean the local area comprised in the Madurai municipality and indu&s any local area which aftea thc date of commencement of this Act, is included in the City but does not inclurle any local area which after such commenc~mnt is excluded from the City ;
9. (10) "company" means-
   • (a) any company as defined in the 1956 (Central Act I of 1956), including an pany within the meaning of section 591 of that
   • (b) any body corporate ; or
   • (c) any firm or assdiation, whet& inmr or not, carrying on business in the State of Ta mi whether or not its principal place of business i in the said State ;
10. (11) "corporatic n" rneens the :nanicipal cor of Mildurai constituted under section 3 ;
11. (12) "dairy" includes-
    • (a) any farm, cattle-shed, milk-store, milk-shop or ther place from which iil!; i: :c!d or supplied for sale, . r in which milk is kept for sale or rnanuflctured .-. for .. sale . to butter, ghee, eheese, cream, curd, butter-mlkor dried, terilized or condensed milk; and
    • (b) in relation to a dairy man who does not occupy any premises for the sale of milk, any place in which ix keeps the vessels used by him forthe storage or sale t b .milk but does not include-
      • (i) a shop or place in which milk is sold for con- sumption on the premises only; or
      • (ii) a shop or place from which milk is sold or pplied for sale in airtight and hermetically sealed and nnooened receotac1e.s in the same original condition-in which it was fiist received in such shopor place;
12. (13) "dairy man" includes any occupier of a dairy, any cow-keeper who trades in milkor any seller of milk whether wholesale or by retail ;
13. (14) "dairy produce' : includes milk, butter. gllee. cheese, cream, cord, butter-milk and any 2nd every 'product of milk ;
14. (15) 'date of cornmenoement of this k kt" meal s the first day of May 1971 ;
15. (16) "filth" means--
    • (a) niglrtsoil and other contents of latrines, CGBS- pools and drains;
    • (b) fung and refuse or useless or offensive material thrown out in consequence of any process of manufacture, industry or trade ; and
    • (c) putrid I and putrifying substances ;
16. (17) "food" includes-
    • (a) every article (other than drugs and water) used as food or drink for human consumption;
    • (b) all materials used or admiwd in tbe composi- tion or preparation of such article ; and
    • (c) flavouring or colouring matter, confectionary, spices a nd coridiments ;
17. (18) "Governmenty' means tile State Government ;
18. (19) 'hut" means any building which is oonrtructed principally of wood, mud, leaves,grass, thatch or metallic sheets and includes any temporary structure of whatever size or any small building of whatever material made which tlxc council may declilre io be a hut for the purposes of this Act ;
19. (20) "hutting ground" lneans an area containing land ocoupied by or for the purpose of any collection of huts standing on a plot of land, or two or more plots of land wl~icl~ are adjacent to one another and not less than two hundred and twenty square rn-ttes in area. ;
20. (21) ''inf~.ctious disease" sb11 have the same meaning as in sectioi 52 gf the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act 111 of 1939)
21. (22) "latrine" &ans n place set apart for defektirig or urinating or both .and includes a closet' of the dry or watzr-c~rriage type and urinal;
22. (23) ''!ocal authority" does not include a canto$- ment authoniy;
23. (24) "Madurai *nicipali t y" nicans the ~.adurai municipality as constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920)
24. (25) "milk" means the milk of a cow, buffalo, goat,. ass or other animal and includes cream, skimmed milk, separated milk and condensed, sterilized or dt sicatcd milk or any other product 'of milk ;
25. (26) "municipal o@cc:" meann the principal office of t be corpora t io n ;
26. (29) "nuisance" includes any act, omission, place thing whlcb causes or is likely to Cause injury, dangr,. annoyance or 0flenc.c to the sqnse of sight, smell or hesring or disturbnn~c to rest or sl~!~ or whicl, js or may be dangerous 10 life injul~iuiib LO tht: health or property 0 f the public or the people in ge~eml who dwlj occupy, Property in 11~ vici~lity, or persons who may have occad~n. to use ally public right :
27. (28) "occupier" includes-
    • (a) any person for the time bzing paying or liable- to pay to the o wneI the rent or any portion of the rent of the land or building or part of the same in respect of which. the word is used or damages on account of the occupation. of such land, building or part ; and
    • (b) a rent-free occupant ;
28. (29) "ordinary vacancy" means a vacancy occurring- by effl~x of tima and "ordinary election" means an election held on th: occurence of an ordinary vacancy ;
29. (30) "owner " includes--
    • (a) the pcrson for the time king receiving or cn,iiled to reccive whether on his own account or as agent,, trustee, guardian, managtr or receiver for another person. or for any rdigious or charitable purpose the rent or pro- fits of the property in connection with which the word is us@. ;, and
    • (b) ti12 p;rs~111 for illc tim3 being in charge of the: rnlifi~l J; v;lliclc, in c~nnection with which the word is used ;
30. (31) "pllsnquio" iniludes tonjons, manchils and clni~s carried by men by means of posts, but not slings or c~tg used for tllc conveyance of children or aged or sick persons ;
31. (32) "private st re :t" ineans any street, road, squats. caul t, ~lley, passag: 01 riding-path, which is not a ''p~,bli~ strb~t'' but does not iltclud~ a ~athway mad: by the ownel of premises on his own land to secure access to or ths convenient use of such premises :
32. (33) "public street" means any street, road, square. court, alley, passage or riding-path over which the public have right of way, whether a thorough fare or tlot, and includes-
    • (a) the roadway over ally public bridge or cause way ;' - +
    • (b) the footway atiached to any such street, public bridge or causeway ; and
    • (c) the drains attached to any such bridge or causeway an A the bnd, vbether COY any pavement, verandah, or other structure, either side of the.rocidway up to the bo adjacent property whether that property i perty or property belonging to the Central or any Government ; (34\ "public water-courses, springs, we include those used by the public to such a give a prescriptive right to such use ;
33. (35) "reconstruction" of a building includes-
    • (a) the re-erection wholly or partially of any buil- ding after more than one-half of its cubical contents has been taken down or burnt down, or has fallen down whether at one time or not ;
    • (b) the re-erection wholly or partially of any building of which an outer wall has been taken down or burnt down or has fallen down to or within thret metres of the ground adjoining the lowest storey of the building, and of any frame building which has so far been taken down or burnt down or has fallen down as to leave only the frame work of the lowest storey ;
    • (c) the conversion into a dwelling-house or a place of public worship of any building not onginally cons- tructed for human habitation or for public worship, as the case may be, or the conversion into more than one dwelling house of a building originally constructed as one dwelling house only or the conversion of a dwelling house into a factory ;
    • (d) the re-conversion into a dwelling-house or a place of public worship or a factory of any building which has been discontinued as, or appropriated for any purpose other than a dwelling-house or a place of puplic worship or a factory, as the case may be ; .
34. (36) "residence"-"reside"-a person is deemed to have his "residence" or to "reside" in any house or hut if he sometimes uses any pation thereof as a sleeping apartment, and a person is not deemed to cease to reside in any such house or hut merely because he is absent from it or has elsewhere another dwelling in which he resides. if he is at liberty to return to such liouse or hut at any . time and has not abandoned his intention of returning;.
35. (37) "rubbish" means dust, ashes, broken bricks, s, and refuse of any kind which is nor
36. (38) "salary" means pay and acting pay or payment way af commission and includes exchange compensa- not allowances for house-rent, carriage- e or travelling expenses ;
37. (39) , "sanitary-worker" means a person employed in g rubbish or filth or in cleansing drains, es or slaugter-houses or in driving carts uued for the emoval of rubbish or filtli ;
38. (40) ,"Scheduled Castes" shall' have the same mea- ug as' in the Constitution ;
39. (41) "Scheduled Tribes" shall have the same meaning as in the Constitution ;
40. (42) "street-alignment" means a line dividing the lands comprised in and forming part of a street from the adjoining land ;
41. (43) "water-course" includes any river, stream or channel whether natural or artificial ;
42. (44) "year" means the financial :ear.