PRELIMINARY

Definitions

§2

Summary

2. In this Act, unless there is something repugnant in the subject or context - 1[(1) "Backward Classes" means the backward classes of citizens specified in Schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 ; ] other enclosure or structure whether of masonry bricks, wood, mud, metal or any other material whatsoever whether used as a human dwelling or otherwise, and includes any verandah, platform, plinth, staircase, door-step, wall including compound wall other than a boundary wall of a garden or agricultural land not appurtenant to a house but does not include a tent or other such portable temporary shelter. ]Areas Act or Order under which extendedNotification, if any, under which forcedDate from which enforced12341. Rampur DistrictRampur (Application of Laws) Order, 1949. No. 177 (e)-J, d. July 31, 1949.July 31, 1949. 2. Banaras DistrictBanaras (Application of Laws) Order, 1949No. 2781 and 2782-XVII, d. Sept. 6, 1950. Sep, 6. 1950.3. Tehri Garhwal DistrictTehri-Garhwal (Application of Laws) Order, 1949. Ditto.Ditto. (3) "Bye-law" means a bye-law made in exercise of a power conferred by this Act. (4) 2[ * * * * ] (5) "Compound" means land, whether enclosed or not which is the appurtenance of a building or the common appurtenance of several buildings. (5)(a) 3 "Director" means the Director of Local Bodies, Uttar Pradesh of printed under section 31-B. 4[(5-aa) "District Planning Committee" means the District Planning Committee constituted under Article 243-ZD of the Constitution ; ] (6) "Drain" includes a sewer, pipe, ditch channel or any other device to carrying of sulage, sewage and polluted water or rain water or sub soil water together with pail delots trots, sinks cistens flush tanks and other fitting appertaining thereto. 5[ (6-a) "Finance Commission" means the Finance Commission 6[constituted under] Article 243-I of the Constitution ; ] (7) "Inhabitant" used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein. (8) "Lodging-house" includes a collection of buildings, or a building, or part of a building used for the accommodation of pilgrims and travellers. 7[(8-a) "Master Plan" means a comprehensive plan showing therein the existing and proposed location and general layout of - (a) arterial streets and transportation lines ; (b) residential sections ; (c) business areas ; (d) industrial areas ; (e) educational institutions ; (f) public parks, play-grounds and other recreational places ; (g) public and semi-public buildings ; and (h) any other places put to any specified use. ] 8[(9) "Municipality" means an institution of self-government 9[referred to in clause (e) of article 243-P of the Constitution]. (9-A) "Municipal area" means the territorial area of a municipality 10[ * * * * ] 11[(9-B) "Municipal council" means Municipal Council constituted under sub-clause (b) of clause (1) of article 243-Q of the Constitution ; (9-C) "Nagar Panchayat" means the Nagar Panchayat constituted under sub-clause (a) of clause (1) of article 243-Q of the Constitution ; ] (10) "Notification" means a notification published in the 12[Official Gazette.] (11) "Occupier" includes an owner in actual occupation of his own land or building. (12) "Officer of the Municipality" means a person holding for the time being an office created or constituted by or under this act but shall not include a member of the board or of a committee as such. (13) "Owner" includes a person for the time being receiving or entitled to receive the rent, or a part fo rent, of any land or building whether on his own account or as trustee, or as agent for a person or for a religious or charitable purpose, or as receiver appointed by or under the order of a court or who would so receive the same if the land or building were let to a tenant. 13[(13-A) "panchayat" means a panchayat referred to in clause (f) of Article 243-P of the Constitution ; ] (14) "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) "Petroleum" means petroleum as defined in the Indian Petroleum Act, 189914. 15[(16) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published ; ] 16[(17) (i) "Prescribed" means prescribed by or under this Act or rules made thereunder or by or under any other enactment. (ii) "Prescribed authority" means an officer or a body corporate appointed by the 17[State Government] in this behalf by notification in the official Gazette, and, if no such officer or body corporate is appointed, the Commissioner ]. (18) "Public place" means a space, not being private property, which is open to the use or enjoyment of the public whether such space is vested in the board or not. (19) "Public street" means a street- (a) which is declared a public street by the 12[Municipality] under the provision of section 221, or (b) which with the consent, express or implied, of the owner of the land comprising the street, has been leveled, played, metaled, channeled, severed or repaired out of the municipal or other public funds. (20) "Regulation" means a regulation made in exercise of a power conferred by this Act. (21) "Rule" means a rule made in exercise of a power conferred by this Act. 21-A. The expression "Scheduled bank" shall have the meaning assigned to it in the Reserve Bank of India Act, 1934. (22) "Servant of the 12[Municipality] means any person in the pay and service of the 12[Municipality]. 18[(22-A) "Smaller urban area" means an area notified as such under clause (2) of article 243 (c) of the Constitution ; ] 19[(22-B) "State Election Commission" means the State Election Commission 20(constituted under) Article 243-K of the Constitution ; ] (23) "Street" means any road, bridge, footway, lane square, court, alley or passage which the public or any portion of the public has right to pass along and includes on either side, the drains or gutters and the land up to the defined boundary of any abutting property, notwithstanding the projection over such land of any verandah or other superstructure. 21[(23-A) "transitional area" means an area in transition from a rural area to an urban area notified as such under clause 2 of Article 243Q of the Constitution ; ] 22[(23-B) "User charges" means the charges or fee levied for specific services rendered or infrastructure created or facilities and amenities provided by the municipality in pursuance of the provisions of this Act. ] (24) "Vehicle" means a wheeled conveyance capable of being used on a street, and includes a bicycle, tricycle [or motor vehicle as defined in the United Provinces Motor Vehicles Taxation Act, 1935 ]. 23[(24-A) "Wards Committee" means the Wards Committee constituted under section 3-B. ] (25) "Water for domestic purposes" shall not include water for cattle, or for horses, or for washing carriages, where the cattle, horses or carriages are kept for sale or hire 24[or for any other commercial purpose] or by a common carrier, or water for any trade, manufacture or business or for building purpose or for watering gardens 24[not appurtenant to any dwelling house] or for fountains or for any ornamental purpose. (26) "Waterworks" include all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, cuts, sluices, mains, pipes, culverts, engines, hydrants, standpipes, conduits and all machinery, lands buildings, bridges and things for supplying or used for supplying water. (27) Where a power is expressed as being conferred on any authority to require a person to do one thing or to do another thing the authority may, in its discretion, require the person to do either thing or if the nature of the case permits, both of the things, or may give the person the option of doing whichever of the things he chooses.

2. In this Act, unless there is something repugnant in the subject or context - 1[(1) "Backward Classes" means the backward classes of citizens specified in Schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 ; ] other enclosure or structure whether of masonry bricks, wood, mud, metal or any other material whatsoever whether used as a human dwelling or otherwise, and includes any verandah, platform, plinth, staircase, door-step, wall including compound wall other than a boundary wall of a garden or agricultural land not appurtenant to a house but does not include a tent or other such portable temporary shelter. ]<table style="margin-left: auto; margin-right: auto;border-collapse: collapse;"><tbody><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Areas </td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Act or Order under which extended</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Notification, if any, under which forced</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Date from which enforced</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">1</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">2</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">3</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">4</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">1. Rampur District</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Rampur (Application of Laws) Order, 1949. </td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">No. 177 (e)-J, d. July 31, 1949.</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">July 31, 1949.</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;"> 2. Banaras District</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Banaras (Application of Laws) Order, 1949</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">No. 2781 and 2782-XVII, d. Sept. 6, 1950. </td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Sep, 6. 1950.</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">3. Tehri Garhwal District</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Tehri-Garhwal (Application of Laws) Order, 1949. </td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Ditto.</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">Ditto.</td></tr></tbody></table> (3) "Bye-law" means a bye-law made in exercise of a power conferred by this Act. (4) 2[ * * * * ] (5) "Compound" means land, whether enclosed or not which is the appurtenance of a building or the common appurtenance of several buildings. (5)(a) 3 "Director" means the Director of Local Bodies, Uttar Pradesh of printed under section 31-B. 4[(5-aa) "District Planning Committee" means the District Planning Committee constituted under Article 243-ZD of the Constitution ; ] (6) "Drain" includes a sewer, pipe, ditch channel or any other device to carrying of sulage, sewage and polluted water or rain water or sub soil water together with pail delots trots, sinks cistens flush tanks and other fitting appertaining thereto. 5[ (6-a) "Finance Commission" means the Finance Commission 6[constituted under] Article 243-I of the Constitution ; ] (7) "Inhabitant" used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein. (8) "Lodging-house" includes a collection of buildings, or a building, or part of a building used for the accommodation of pilgrims and travellers. 7[(8-a) "Master Plan" means a comprehensive plan showing therein the existing and proposed location and general layout of - (a) arterial streets and transportation lines ; (b) residential sections ; (c) business areas ; (d) industrial areas ; (e) educational institutions ; (f) public parks, play-grounds and other recreational places ; (g) public and semi-public buildings ; and (h) any other places put to any specified use. ] 8[(9) "Municipality" means an institution of self-government 9[referred to in clause (e) of article 243-P of the Constitution]. (9-A) "Municipal area" means the territorial area of a municipality 10[ * * * * ] 11[(9-B) "Municipal council" means Municipal Council constituted under sub-clause (b) of clause (1) of article 243-Q of the Constitution ; (9-C) "Nagar Panchayat" means the Nagar Panchayat constituted under sub-clause (a) of clause (1) of article 243-Q of the Constitution ; ] (10) "Notification" means a notification published in the 12[Official Gazette.] (11) "Occupier" includes an owner in actual occupation of his own land or building. (12) "Officer of the Municipality" means a person holding for the time being an office created or constituted by or under this act but shall not include a member of the board or of a committee as such. (13) "Owner" includes a person for the time being receiving or entitled to receive the rent, or a part fo rent, of any land or building whether on his own account or as trustee, or as agent for a person or for a religious or charitable purpose, or as receiver appointed by or under the order of a court or who would so receive the same if the land or building were let to a tenant. 13[(13-A) "panchayat" means a panchayat referred to in clause (f) of Article 243-P of the Constitution ; ] (14) "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) "Petroleum" means petroleum as defined in the Indian Petroleum Act, 189914. 15[(16) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published ; ] 16[(17) (i) "Prescribed" means prescribed by or under this Act or rules made thereunder or by or under any other enactment. (ii) "Prescribed authority" means an officer or a body corporate appointed by the 17[State Government] in this behalf by notification in the official Gazette, and, if no such officer or body corporate is appointed, the Commissioner ]. (18) "Public place" means a space, not being private property, which is open to the use or enjoyment of the public whether such space is vested in the board or not. (19) "Public street" means a street- (a) which is declared a public street by the 12[Municipality] under the provision of section 221, or (b) which with the consent, express or implied, of the owner of the land comprising the street, has been leveled, played, metaled, channeled, severed or repaired out of the municipal or other public funds. (20) "Regulation" means a regulation made in exercise of a power conferred by this Act. (21) "Rule" means a rule made in exercise of a power conferred by this Act. 21-A. The expression "Scheduled bank" shall have the meaning assigned to it in the Reserve Bank of India Act, 1934. (22) "Servant of the 12[Municipality] means any person in the pay and service of the 12[Municipality]. 18[(22-A) "Smaller urban area" means an area notified as such under clause (2) of article 243 (c) of the Constitution ; ] 19[(22-B) "State Election Commission" means the State Election Commission 20(constituted under) Article 243-K of the Constitution ; ] (23) "Street" means any road, bridge, footway, lane square, court, alley or passage which the public or any portion of the public has right to pass along and includes on either side, the drains or gutters and the land up to the defined boundary of any abutting property, notwithstanding the projection over such land of any verandah or other superstructure. 21[(23-A) "transitional area" means an area in transition from a rural area to an urban area notified as such under clause 2 of Article 243Q of the Constitution ; ] 22[(23-B) "User charges" means the charges or fee levied for specific services rendered or infrastructure created or facilities and amenities provided by the municipality in pursuance of the provisions of this Act. ] (24) "Vehicle" means a wheeled conveyance capable of being used on a street, and includes a bicycle, tricycle [or motor vehicle as defined in the United Provinces Motor Vehicles Taxation Act, 1935 ]. 23[(24-A) "Wards Committee" means the Wards Committee constituted under section 3-B. ] (25) "Water for domestic purposes" shall not include water for cattle, or for horses, or for washing carriages, where the cattle, horses or carriages are kept for sale or hire 24[or for any other commercial purpose] or by a common carrier, or water for any trade, manufacture or business or for building purpose or for watering gardens 24[not appurtenant to any dwelling house] or for fountains or for any ornamental purpose. (26) "Waterworks" include all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, cuts, sluices, mains, pipes, culverts, engines, hydrants, standpipes, conduits and all machinery, lands buildings, bridges and things for supplying or used for supplying water. (27) Where a power is expressed as being conferred on any authority to require a person to do one thing or to do another thing the authority may, in its discretion, require the person to do either thing or if the nature of the case permits, both of the things, or may give the person the option of doing whichever of the things he chooses.

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