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(1)
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"Administrator"
means the Administrator of the National Capital Territory of Delhi;
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(2)
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"Appellate
Tribunal" means an Appellate Tribunal constituted under section
253; |
(3)
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"budget-grant" means the total sum entered
on the expenditure side of a budget estimate under a major head
and adopted by the Council and includes any sum by which such
budget-grant may be increased or reduced by transfer from or
to other heads in accordance with the provisions of this Act
and the regulations made thereunder;
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(4)
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"building" means a house, out-house, stable,
latrine, urinal, shed, hut, wall (other than a boundary wall)
or any other structure, whether of masonry, bricks wood mud,
metal or other material-but does not include any portable shelter;
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(5)
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"bye-law"
means a bye-law made under this Act, by notification in the Official
Gazette; |
(6)
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"casual vacancy" means a vacancy occurring
otherwise than by efflux of time in the office of member of
the Council;
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(7)
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"Chairperson"
means the Chairperson of the Council; |
(8)
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"Corporation"
means the Municipal Corporation of Delhi established under the
Delhi Municipal Corporation Act, 1957 (66 of 1957); |
(9)
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"Council"
means the New Delhi Municipal Council established under this Act;
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(10)
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"dangerous
disease" means- |
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(a) |
cholera, plague, chicken-pox, small-pox,
tuberculosis, leprosy, enteric fever, cerebrospinal meningitis
and diphtheria; and
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(b) |
any other epidemic, endemic or infectious
disease which the Chairperson may, by notification in
the Official Gazette, declare to be a dangerous disease
for the purposes of this Act;
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(11)
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"Delhi" means the entire area of the National
Capital Territory of Delhi except New Delhi and Delhi Cantonment
defined in clause (11) of section 2 of the Delhi Municipal Corporation
Act. 1957 (66 of 1957);
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(12)
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"drain" includes a sewer, a house drain, a
drain of any other description, a tunnel, a culvert, a ditch,
a channel and any other device for carrying off sewage, offensive
matter, polluted water, waste water, rain water or sub-soil
water;
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(13)
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"entertainment" includes any exhibition, performance,
amusement, game or sport to which persons are ordinarily admitted
on payment;
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(14)
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"factory" means a factory as defined in the
Factories Act, 1948 (63 of 1948);
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(15)
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"filth"
includes offensive matter and sewage; |
(16)
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"goods"
includes animals; |
(17)
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"
Government" means the Government of the National Capital Territory
of Delhi; |
(18)
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" house-gully" means a passage or strip of
land constructed, set apart or utilized for the purpose of serving
as or carrying a drain or affording access to a latrine, urinal,
cesspool or other receptacle for filth or other polluted matter,
by municipal employee or other person employed in the cleansing
thereof or in the removal of such matter therefrom;
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(19)
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"hut" means any building which is constructed
principally of wood, bamboo, mud, leaves, grass, cloths or thatch
and includes any structure of whatever material made which the
Council may declare to be a hut for the purposes of this Act;
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(20)
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"inhabitant", in relation to the municipal
area of New Delhi includes any person ordinarily residing or
carrying on business or owning or occupying immovable property
therein and in case of a dispute means any person or persons
declared by the Chairperson to be an inhabitant;
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(21)
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"land" includes benefits to arise out of land,
things attached to the earth or permanently fastened to anything
attached to the earth and rights created by law over any street;
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(22)
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"licensed engineer" and "licensed plumber"
mean respectively a person licensed under the provision of this
Act as an engineer and a plumber;
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(23)
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"market" includes any place where persons assemble
for the sale of, or for the purpose of exposing for, sale, meat,
fish, fruits, vegetables, animals intended for human consumption
or any other articles of human consumption whatsoever, with
or without the consent of the owner of such place notwithstanding
that there may be no common regulation for the concourse of
buyers and sellers and whether or not any control is exercised
over the business of, or the person frequenting the market by,
the owner of the place or by any other person;
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(24)
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"member", in relation to the Council, means
a member of the Council and includes the Chairperson;
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(25)
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"municipal market" means a market vested in
or managed by the Council;
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(26)
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"municipal
water works" means water works vested in the Council; |
(27)
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"New
Delhi" means the area within the boundaries described in the First
Schedule; |
(28)
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"nuisance" includes any act, omission, place,
animal 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 injuries to health or property;
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(29)
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"occupier"
includes - |
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(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;
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(b) |
an owner in occupation of, or otherwise
using his land or building;
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(c) |
a
rent-free tenant of any land or building; |
(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;
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(30)
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"offensive matter" includes animal carcasses,
kitchen or stable refuse, dung, dirt and putrid or putrefying
substances other than sewage;
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(31)
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"Official Gazette" means the Official Gazette
of the National Capital Territory Delhi;
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(32)
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"owner" includes a person who for the time
being is receiving or is entitled to receive, the rent of any
land or building whether on his own account or on account of
himself and others or as an agent, trustee, guardian or receiver
for any other person or who should so receive the rent or be
entitled to receive it if the land or building or part thereof
were let to a tenant and also includes-
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(a) |
the custodian of evacuee property in
respect of evacuee property vested in him under the Administration
of Evacuee Property Act, 1950 (31 of 1950); and
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(b) |
the estate officer to the Government
of India; the Secretary of the Delhi Development Authority,
constituted under the Delhi Development Act, 1957 (11
of 1957), the General manager of a railway and the head
of a Government department, in respect of properties under
their respective control;
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(33)
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"premises " means any land or building or part
of a building and includes-
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(a) |
the garden, ground and out-houses, if
any, appertaining to a building or part of a building,
and
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(b) |
any fittings affixed to a building or
part of a building for the more beneficial enjoyment thereof.
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(34)
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"prescribed" means prescribed by rules made
under this Act;
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(35)
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"private market" means a market which is not
a municipal market;
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(36)
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"Private Street" means any street, which is
not a public street and includes any passage securing access
to two or more places belonging to the same or different owners;
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(37)
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"public place" means any place which is open
to the use and enjoyment of the public, whether it is actually
used or enjoyed by the public or not;
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(38)
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"public securities" means any securities of
the Central Government or a State Government or any securities
guaranteed by the Central Government or a State Government or
any securities issued under this Act or any debentures issued
by the Bombay, Calcutta, Delhi, or Madras Municipal Corporations;
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(39)
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"public street " means any street which vests
in the Council as a public street or the soil below the surface
of which vests in the Council or which under the provisions
of this Act becomes, or is declared to be, a public street;
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(40)
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"railway administration" has the meaning assigned
to it in the Railways Act, 1989(24 of 1989);
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(41)
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"rate
payer" means a person liable to pay any rate, tax, cess or licence
fee under this Act; |
(42)
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"rateable value" means the value of any land
or building fixed in accordance with the provisions of this
Act and the bye-law made thereunder for the purpose of assessment
to property taxes;
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(43)
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"regulation" means a regulation made by the
Council under this Act by notification in the Official Gazette;
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(44)
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"reside",
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(a) |
a person shall be deemed to be reside
in any dwelling-house which or some portion of which he
sometimes, although not uninterruptedly, uses as a sleeping
apartment, and
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(b) |
a person shall not be deemed to cease
to "reside" in any such dwelling-house merely because
he is absent from it or has elsewhere another dwelling-house
in which he resides, if there is the liberty of returning
to it any time and no abandonment of the intention of
returning to it;
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(45)
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"rubbish" includes ashes, broken bricks, broken
glass, dust, malba, mortar and refuse of any kind which is not
filth;
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(46)
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"rule" means a rule made by the Central Government
under this Act by notification in the Official Gazette;
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(47)
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"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 under article 341
of the Constitution;
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(48)
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"service passage" or "lane" or "bye-lane" means
a passage or strip of land constructed, set apart or utilized
for the purpose of serving as or carrying a drain or electricity
cable (underground or over-head) and any electrical and other
allied installations or any other civic services by municipal
employees or other person employed in the service thereof;
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(49)
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"sewage" means night-soil and other contents
of latrines, urinals, cesspools or drains, and polluted water
from sinks, bath-rooms stables, cattle sheds and other like
places and includes trade effluents and discharges from factories
of all kinds;
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(50)
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"shed" means a slight or temporary structure
for shade or shelter;
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(51)
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"street" includes any way, road, lane, square,
court, alley, gully, passage, whether a thoroughfare or not
and whether built upon or not, over which the public have a
right of way and also the roadway or footway over any bridge
or causeway;
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(52)
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"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 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 included domestic sewage;
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(53)
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"trade premises" means, any premises used or
intended to be used for carrying on any trade or industry.
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(54)
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"trade refuse" means the refuse of any trade
or industry;
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(55)
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"Vehicle" includes a carriage, cart, van, dray,
truck, hand-cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw,
motor vehicle and every wheeled conveyance which is used or
is capable of being used on a street;
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(56)
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"water course" includes any river, stream or channel whether natural
or artificial; |
(57)
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"water works" includes all lakes, tanks, streams,
any river, cisterns, springs, pumps, wells, reservoirs, aqueducts,
water trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes,
and conduits and all lands, buildings, machinery bridges and
things, used for, or intended for the purpose of, supplying
water;
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(58)
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"workshop" means any premises (including the
precincts thereof) other than a factory, wherein any industrial
process is carried on;
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(59)
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"year " means a year commencing on the 1st day of April. |
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