2. In this Act unless there be something repugnant in the
subject or context-
(1) "advertisement" means any word, letter, model, sign, placard
board, notice, device or representation whether illuminated or not, in
the nature of and employed wholly or in part for the purpose of
advertisement, announcement or direction and includes any hoarding
or similar structures used or adapted to be used for the display of
advertisement ;
(2) "appointed day" with reference to a City means the day on
which the due constitution of the
1[Corporation] for the City is notified
in the official
Gazette ;
(3) "Assembly Rolls" mean the electoral rolls prepared for the
Assembly constituencies under and in accordance with the provisions
of the Representation of the People Act, 1950 ;
(4) "bakery or bake-house" means any place in which bread,
biscuits or confectionery are baked, cooked or prepared in any manner
whatsoever for the purposes of sale or profit ;
(5) "budget grant" means the total sum entered on the
expenditure side of a budget estimate under a major head as
prescribed by rules and adopted by the
1[Corporation] and includes
any sum by which such budget grant may be increased or reduced by
a transfer from or to other heads in accordance with the provisions of
this Act and rules ;
(6) "building" includes a house, out-house, stable, shed, hut
and other enclosure or structure whether of masonry, bricks, wood,
mud, metal or any other material whatever, whether used as a human
dwelling or otherwise, and also includes verandahs, fixed platforms,
plinths, door-steps, walls including compound walls and fencing and
the like but does not include a tent or other such portable temporary
structures ;
(7) "building-line" means a line which is in rear of the streetalignment and to which the main wall of a building abutting on a
street may lawfully extend and beyond which no portion of the building
may extend except as prescribed in the building rules ;
(8) "bye-law" means a bye-law made under the provisions of
this Act ;
(9) "cesspool" includes a settlement tank or other tank for the
reception or disposal of foul matter from buildings ;
2[ (10) "city" means a larger urban area as notified under clause
(2) of article 243-Q of the Constitution ; ]
3[ (10-A) "commercial building" means any building not being a
factory which is used or occupied for carrying on any trade or
commerce or any work connected therewith or incidental or ancillary
thereto. ]
(11) "Commissioner of Division" with reference to a City means
the Commissioner of the Division in which the City is situated and
includes any Additional Commissioner to whom the Commissioner of
the Division has delegated his functions under Commissioner of the
Division has delegated his functions under this Act ;
4[ (11-A) "Corporation" or "Municipal Corporation" means the
Municipal Corporation constituted for a city under sub-clause (c) of
clause (1) of article 243-Q of the Constitution ; ]
(12) "cubical contents" when used with reference to the
measurement of a building means the space contained within the
external surfaces of its walls and roof and the upper surface of the
floor of its lowest storey, or, when the building consists of the floor of
its lowest storey, or, when the building consists of one storey only, the
upper surface of its floor ;
(13) "dairy" includes any farm, cattle-shed, milk store, milkshop or other place from which milk is supplied for sale or in which
milk is kept for the purposes of sale or manufactured into butter, ghee,
cheese, curds or dried or condensed milk for sale and, in the case of a
dairyman who does not occupy any place for the sale of milk, includes
the place where he keeps the vessels used by him for the sale of milk
but does not include a shop or other place in which milk is sold for
consumption on the premises only ;
(14) "dairyman" includes the keeper of a cow, buffalo, goat, ass
or other animal, the milk of which is offered or intended to be offered
for sale for human consumption and any purveyor of milk and any
occupier of a dairy ;
(15) "dairy produce" includes milk, butter, ghee, curd, buttermilk, cheese and every product of milk ;
(16) "dangerous disease" means cholera, plague, smallpox, or
any other epidemic or infectious disease by which the life of human
beings is endangered and which the 1Corporation may from time to
time by public notice declare to be a dangerous disease ;
(17)
5[ * * * * ]
6[ (17-A) "Director" means the Director of Local Bodies, Uttar
Pradesh appointed by the State Government under section 5-A. ]
(18) "District Judge" includes an Additional District Judge to
whom any function of the District Judge has been transferred under
this Act ;
(19) "drain" includes a sewer, tunnel, pipe, ditch, gutter or
channel and cistern, flush-tank, septic-tank, or other devices for
carrying off or treating sewage offensive mater, polluted water, sullage,
waste water, drain water, or sub-soil water and any culvert, ventilation
shaft or pipe or other appliance or fitting connected therewith, and any
ejectors, compressed air mains, sealed sewage mains and special
machinery or apparatus for raising, collecting, expelling or removing
sewage offensive matter from any place ;
(20) "eating house" means any premises to which the public or
any section of the public are admitted and where any kind of food is
prepared or supplied for consumption on the premises or elsewhere for
the profit or gain of any person owning or having an interest in or
managing such premises ;
(21) "elector" in relation to a ward means a person whose name
is for the time being entered in the electoral roll of that ward ;
7[ (22) "essential service" means a service referred to in section
112-B. ]
(23) "factory" means a factory as defined in the
8[***] Factories
Act, 1948 ;
(24) "filth" includes sewage, night-soil and all offensive matter ;
9[ (24-A) "Finance Commission" means the Finance Commission
4constituted under article 243-I of the Constitution ; ]
(25) "financial year" means the year commencing on the first
day of April ;
(26) "food" 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 matters and spices and
condiments ;
(27) "frame building" means a building the external walls of
which are constructed of timber framing or iron framing, and the
stability of which depends on such framing ;
(28) "house-drain" means any drain of and used for the
drainage of, one or more buildings or premises and made merely for
the purpose of communicating therefrom with a
1[Corporation] drain ;
(29) "house-gully" or "service passage" means a passage or strip
of land constructed, set apart or utilized for the purpose of serving as a
drain or of affording access to a privy, urinal, cesspool or other
receptacle for filthy or polluted matter, to
1[Corporation] servants or to
persons employed in the cleansing thereof or in the removal of such
matter therefrom ;
(30) "hut" means any building which is constructed principally
of wood, mud, leaves, grass, cloth, or thatch and includes any
temporary structure of whatever size or any small building of whatever
material made which the
1[Corporation] may declare to be a hut for the
purpose of this Act ;
(31) "inhabitant" used with reference to a local area means any
person ordinarily residing or carrying on business or owning or
occupying immovable property therein ;
(32) "the judge" means the Judge of the Court of Small Causes
having jurisdiction in the City under the Provincial Small Cause Court
Act, 1887 ;
(33) "land" includes land which is being built upon or is built
upon or is covered with water, benefits to arise out of land, things
attached to the earth or permanently fastened to anything attached to
the earth and rights created by legislative enactment over any street ;
(34) "licensed plumber", "licensed surveyor", "licensed
architect", "licensed engineer", "licensed structural designer" and
"licensed clerk" of works respectively, mean a person licensed by the
1[Corporation] as a plumber, surveyor, architect, engineer, structural
designer or a clerk of works under this Act ;
(35) "lodging house" means a building or part of a building
where lodging with or without board or other service is provided for a
monetary consideration and includes a collection of buildings, or a
building, or part of a building used for the accommodation of pilgrims
and travellers whether on payment or otherwise ;
(36) "market" includes any place where persons assemble for
the sale of, or for the purpose of exposing for sale, live-stock or food for
live-stock or meat, fish, fruit, vegetables, animals intended for human
food or any other articles of human food whatsoever with or without
the consent of the owner of such place, 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 ;
(37) "masonry building" means any building other than a frame
building or a hut and includes any structure a substantial part of
which is made of masonry or of steel, iron or other metal ;
10[ (38) "member of a Corporation" means a
1[ Corporator], a
Paden Sadasya, a Nam Nirdishta Sadasya or a Chairperson of a
Committee, if any, established under clause (e) of section 5, if he is not
member of the Corporation and, unless the contrary is indicated,
includes a
1[Mayor] ;
11[ (39)"
1[Municipal Commissioner]" means the
1[Municipal
Commissioner] appointed under section 58 and includes an
1[Additional Municipal Commissioner] appointed under the said
section, an
1[Deputy Municipal Commissioner] and a
1[Assistant
Municipal Commissioner] appointed under section 107 while
exercising powers and performing duties under section 112 ; ]
(40)
"
1[Corporation] drain" means a drain vested in the
1[Corporation] ;
(41)"
1[Corporation] market" means a market vested in or
managed by the
1[Corporation] ;
(42)"
1[Corporation] slaughter-house" means a slaughter-house
vested in or managed by the
1[Corporation] ;
(43) "
1[Corporation] office" means office of the
1[Municipal
Corporation] ;
(44) "
1[Corporation] tax" means any impost levied under the
provisions of this Act ;
(45) "
1[Corporation] waterworks" means waterworks belonging
to or vesting in the
1[Corporation] ;
12[ (45-A) "Metropolitan area" means an area as defined in clause
(c) of article 243-P of the Constitution ;
(45-B) "municipality" means an institution of self-government
constituted under section 4 ;
(45-C) "municipal area" means the territorial area of a
Corporation ; ]
(46) "nuisance" includes any act, omission, place or thing
which causes ro is likely to cause injury, danger, annoyance or offence
to the sense of sight, smell or hearing or which is or may be dangerous
to life or injurious to health or property ;
(47) "occupier" includes-
(a) any person who for the time being is paying or is liable to
pay 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 ;
(b) an owner living in or otherwise using his land or building ;
(c) a rent-free tenant ;
(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 ;
(48) "offensive matter" includes animal carcasses, dung, dirt
and putrid or putrefying substances other than sewage ;
(49) "Officer of the
1[Corporation]" means a person holding for
the time being an office created or continued by or under this Act but
shall not include a member of the
1[Corporation] or of a Committee as
such ;
(50) "official
Gazette" means the Gazette issued under the
authority of the State Government ;
(51) "Order" means an order published in the official Gazette or
in the manner prescribed ;
13[(51-A) "backward classes" means the backward classes of
citizens specified in Schedule 1 of the Uttar Pradesh Public Services
(Reservation to Scheduled Castes, Scheduled Tribes and Other
Backward Classes) Act, 1994 ; ]
(52) "owner" means-
(a) when used with reference to any premises the person who
receives the rent of the said premises or who would be entitled to
receive the rent thereof if the premises were let and includes-
(i) an agent or trustee who receives such rent on account of the
owner,
(ii) an agent or trustee who receives the rent of or is entrusted
with, or concerned for any premises devoted to religious or charitable
purposes.
(iii) a receiver, sequestrator or manager appointed by any Court
of competent jurisdiction to have the charge of, or to exercise the rights
of an owner of, the said premises, and
(iv) a mortgagee-in-possession ;
(b) when used with reference to any animal, vehicle or boat,
includes the person for the time being in charge of the animal, vehicle
or boat ;
14[(52-A) "Panchayat" means a Panchayat referred to in clause
(f) of Article 243-P of the Constitution ; ]
(53) "part of a building" includes any wall, underground room
or passage, verandah, fixed platform, plinth, staircase or door-step
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 ;
15[ (53-A) "population" means the population as ascertained at
the last preceding census of which the relevant figures have been
published ; ]
(54)
16["premises" means any land or building];
(55) "prescribed" means prescribed by this Act or by rule or
order made thereunder or by or under any other enactment ;
(56) "prescribed authority" means an officer or a body corporate
appointed by the State Government in this behalf by notification in the
official
Gazette, and, if no such officer or body corporate is appointed,
the Commissioner of the Division in which the City is situate ;
(57) "Petroleum" means petroleum as defined in the
17[Petroleum
Act, 1934].
(58) "private street" means a street which is not a public street ;
(59) "privy" means a place set apart for defecating or urinating
or both, together with the structure comprising such place, the
receptacle therein for human excreta and the fittings and apparatus, if
any, connected therewith, and includes a closet of the dry type, an
aqua privy, a latrine and a urinal ;
(60) "public place" includes any public park or garden or any
ground to which, the public have or are permitted to have access ;
(61) "public securities" means-
(a) securities, of the Central Government or any State Government;
(b) securities, stocks, debentures or shares the interest
whereon has been guaranteed by the Central or the State Government;
(c) debentures or other securities for money issued by or on
behalf of any local authority in exercise of the powers conferred by any
enactment for the time being in force in any part of the Republic of
India ;
(d) securities expressly authorized by any order which the State
Government makes in this behalf ;
(62) "public street" means any street-
(a) heretofore leveled, paved, metaled, channeled, skewered or
repaired out of
1[Corporation] or other public funds ; or
(b) which under the provisions of section 290 is declared to be,
or under any other provision of this Act becomes, a public street ;
(63) (a) A person is deemed to "reside" in any dwelling which,
or some portion of which, he sometimes uses, whether Interruptedly or
not, as a sleeping apartment ; and
(b) A person is not deemed to cease to "reside" in any such
dwelling merely because he is absent from it or has elsewhere another
dwelling in which he resides, if there is the liberty of returning to it at
any time and no abandonment of the intention of returning to it ;
(64) "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 ;
(65) "rules" means rules made under powers conferred by this
Act ;
(66) "Schedule" means the schedule appended to this Act ;
(67) @18@
[ * * * * ]
(68) The expression "Scheduled Bank" shall have the meaning
assigned to it in the Reserve Bank of India Act, 1934 ;
(69) "Servant of the
1[Corporation]" means any person in the
pay and service of the
1[Corporation ];
(70) "sewage" means night-soil and other contents of waterclosets, latrines, privies, urinals, cesspools, or drains and polluted
water from sinks, bath-rooms, stables, cattle-sheds, and other like
places and includes trade effluent and discharges from manufactories
of all kinds ;
(71) "sky-sign" means any word, letter, model, sign, device or
other representation, in the nature of an advertisement, announcement or direction, which is supported on or attached to any post, pole,
standard, framework or other support wholly or in part upon, over or
above any building or structure and which is wholly or in part visible
against the sky from any point in any street or public place, and
includes-
(a) every part of such support, and
(b) any balloon, parachute or similar device employed wholly or
in part for the purposes of any advertisement or announcement, on,
over or above any building, structure or erection of any kind, or on or
over any street or public place ;
but shall not be deemed to include-
(i) any flagstaff, pole, vane or weathercock unless adapted or
used wholly or in part for the purposes of any advertisement or
announcement,
(ii) any sign on any board, frame or other contrivance securely
fixed to or on the top of the wall or parapet of any building, on the
cornice or blocking-course of any wall, or to the ridge of a roof, if such
contrivance be of one continuous face and not open work and does not
extend in height more than three feet above any part of such wall,
parapet or ridge, or
(iii) any representation which relates exclusively to the business
of a railway administration as defined in the Indian Railways Act,
1890, and which is placed wholly upon or over any railway station
yard, platform or station approach, or premises belonging to such
railway administration, and which is also so placed that it could not
fall into any street or public place ;
(72) "special fund" means a fund constituted under section 139;
(73) "State Government" means the government of Uttar
Pradesh ;
19[(73-A) State Election Commission means the State Election
Commission referred to in Article 243-K of the Constitution appointed
by the Governor ; ]
(74) "street" includes any highway and any causeway, bridge,
viaduct, arch, road, lane, foot-way, sub-way, court, alley or riding path
or passage, whether a throughfare or not, over which the public have a
right of passage or access or have passed and had access
uninterruptedly for a period of twenty years ; and, when there is a footway as well as a carriage way in any street, the said term includes
both;
(75) "street alignment" means the line dividing the land
comprised in and forming part of a street from the adjoining land ;
(76) "sweetmeat shop" means any premises or part of any
premises used for manufacture, treatment or storage for sale or for the
sale, wholesale or retail, of any ice-cream, confections or sweetmeats,
whatsoever, for whomsoever intended, and by whatsoever name the
same may be known, and whether the same be for consumption on or
outside the premises ;
(77) "theatre tax" means a tax on amusements or
entertainments ;
(78) "trade effluent" means any liquid either with or without
particles of matter in suspension therein, which is so 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 include domestic
sewage ;
(79) "trade premises" means any premises used or intended to
be used for carrying on any trade or industry ;
(80) "trade refuse" means and includes the refuse of any trade,
manufacture or business ;
20[(80-A) "User Charges" means the charges or fees levied for
specific service rendered or infrastructure created or facilities and
amenities provided in pursuance of the provisions of this Act by the
Municipal Corporations. ]
(81) "vehicle" includes a carriage, cart, van, dray, truck, handcart, bicycle, tricycle, motorcar and every wheeled conveyance which is
used or is capable of being used on a street ;
21[(82) "ward" means the territorial constituency of a
Corporation;]
22[(82-A) "ward Committees" means the Ward Committees
4 referred to in article 243-S of the Constitution ;]
(83) "water closet" means a closet which has a separate fixed
receptacle connected to a drainage system and separate provision for
flushing from a supply of clean water either by the operation of
mechanism or by automatic action ;
(84) "water connection" includes-
(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated
on a private property and connected with a water-main or pipe
belonging to the
1[Corporation], and
(b) the water-pipe connecting such a tank, cistern, hydrant,
stand-pipe, meter or tap with such water-main or pipe ;
(85) "water-course" includes any river, stream, or channel
whether natural or artificial ;
(86) "water for domestic purposes" shall not include water for
cattle or for horses, or for washing vehicles, when the cattle, horses or
vehicles are kept for sale or hire, or by a common carrier, and shall not
include water for any trade, manufacture or business, or for building
purposes, for watering gardens, or streets or for fountains or for any
ornamental or mechanical purposes ;
(87) "waterworks" includes a lake, stream, spring, well, pump,
reservoir, cistern, tank, duct, whether covered or open sluice, mainpipe, culvert, engine, water-truck, hydran, stand-pipe, conduit and
machinery, land, building or thing for supplying or used for supplying
water or for protecting sources of water-supply ;
(88) "workshop" means any building, place or premises, or any
part thereof, not being a factory, to or over which the employer or the
persons working therein have the right of access or control and in
which or within the compound or precincts of which, any manual
labour is employed or utilized in aid of or incidental to any process for
the following purposes ;
(a) the making of any article or part thereof, or
(b) the altering, repairing, ornamenting or finishing of any
article, or
(c) the adopting for sale of any article.
23[ (89) The expressions "transitional area" and "smaller urbanarea" shall have the meaning respectively assigned to them in the U. P.
Municipalities Act, 1916. ]
1. Subs. by sec. 2 of U. P. Act no. 12 of 1994.
2. Subs. by sec. 3 of U. P. Act no. 12 of 1994.
3. Subs. by sec. 2 (a) of U. P. Act no. 26 of 1995.
4. Ins. by sec. 5 of U. P. Act no. 03 of 1987.
5. Ins. by sec. 2(b) of U. P. Act no. 26 of 1995.
6. Omit. by sec. 5(a) of U. P. Act no. 12 of 1994.
7. Ins. by sec. 2 of U. P. Act no. 41 of 1976.
8. Subs. by sec. 2 of U. P. Act no. 21 of 1964.
9. Del. by sec. 3(1) of U. P. Act no. 14 of 1959.
10. Ins. by sec. 5(b) of U. P. Act no. 12 of 1994.
11. Subs. by sec. 2 (c) of U. P. Act no. 26 of 1995.
12. Subs. by sec. 2(d) of U. P. Act no. 26 of 1995.
13. Subs. by sec. 2 of U. P. Act no. 16 of 2004.
14. Subs. by sec. 2 (e) of U. P. Act no. 26 of 1995.
15. Ins. by sec. 5(e) of U. P. Act no. 12 of 1994.
16. Ins. by sec. 5(f) of U. P. Act no. 12 of 1994.
17. Ins. by sec. 5(g) of U. P. Act no. 12 of 1994.
18. Subs. by sec. 5(h) of U. P. Act no. 12 of 1994.
19. Subs. by sec. 2 of U.P. Act no. 24 of 1972.
20. Subs. by sec. 3(ii) of U. P. Act no. 14 of 1959.
21. Omit. by sec. 5(i) of U. P. Act no. 12 of 1994.
22. Ins. by sec. 5(J) of U. P. Act no. 12 of 1994.
23. Ins. by sec. 7 of U. P. Act no. 29 of 2009.
24. Subs. by sec. 2(F) of U. P. Act no. 26 of 1995.
25. Ins. by sec. 5(k) of U. P. Act no. 12 of 1994.
26. Subs. by sec. 2(g) of U. P. Act no. 26 of 1995.
27. Ins. by sec. 5(l) of U. P. Act no. 12 of 1994.