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The Paurashava Ordinance, 1977 (Ordinance)

( Ordinance NO. XXVI OF 1977 )

[ 27th June, 1977 ]

Part I

PRELIMINARY

Definitions
2. In this Ordinance, unless there is anything repugnant in the subject or context,-
 
 
 
 
(1) “annual letting value” means the annual rent at which a building or land exclusive of furniture or machinery contained or situate therein or thereon may reasonably be expected to be let from year to year, and includes all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes, insurance or other charges incidental to the occupancy;
 
 
 
 
(2) “building” includes any shop, house, hut, out-house, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth and steps;
 
 
(3) “building line” means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed;
 
 
 
 
(4) “by-laws” means by-laws made under this Ordinance;
 
 
 
 
(5) “Cantonment Board” means a Cantonment Board constituted under the Cantonments Act, 1924 (II of 1924);
 
 
 
 
1[(6) “Chairman” means the Chairman of a Paurashava;]
 
 
 
 
(7) “commissioner” means a commissioner of a Paurashava;
 
 
 
 
(8) “Chief Executive Officer” means a Chief Executive Officer of a Paurashava;
 
 
 
 
(9) “conservancy” means the removal and disposal of refuse;
 
 
 
 
2[* * *]
 
 
 
 
(10) “dairy” includes any farm, cattle-shed, cow-house, milk-store, milk-shop, or other place from where milk or milk products are supplied for sale;
 
 
 
 
(11) “Deputy Commissioner” includes any officer specially appointed by the Government to perform all or any of the functions of a Deputy Commissioner under this Ordinance;
 
 
 
 
3[* * *]
 
 
 
 
(12) “district” means a revenue district;
 
 
 
 
(13) “division” means a revenue division;
 
 
(14) “Divisional Commissioner” means the chief officer-in-charge of the revenue administration of the division concerned and includes any officer specially appointed by the Government to perform all or any of the functions of a Divisional Commissioner under this Ordinance;
 
 
 
 
(15) “drain” includes a sewer, house-drain, tunnel, culvert, ditch, channel and any other device for carrying of sullage or rain water;
 
 
 
 
(16) “drug” means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use;
 
 
 
 
(17) “dwelling house” means any building used or adapted to be used wholly or principally for human habitation;
 
 
 
 
(18) “Election Commission” means the Election Commission established by the Constitution;
 
 
 
 
(19) “erect or re-erect a building” means the construction of a new building and includes such material alterations of a building as may be prescribed;
 
 
 
 
(20) “factory” means a factory as defined in the Factories Act, 1965 (E.P. Act IV of 1965);
 
 
 
 
(21) “food” includes every article used for food or drink by human beings but does not include drugs and water;
 
 
 
 
(22) “function” includes powers to be exercised and duties to be discharged;
 
 
 
 
(23) “improvement trust” means any body or authority, including a development authority, entrusted with the functions of town improvement;
 
 
 
 
(24) “infectious disease” means cholera, plague, small-pox and tuberculosis, and includes such other disease as the Government may, by notification in the official Gazette, declare to be an infectious disease for the purposes of this Ordinance;
 
 
 
 
(25) “land” includes land which is being built upon or is built up or is covered with water;
 
 
(26) “local parishad” means a local parishad constituted under the Local Government Ordinance, 1976 (Ord. XC of 1976);
 
 
 
 
(27) “market” means a place where persons assemble for the sale and purchase of meat, fish, fruit, vegetable, or any other article of food or for the sale and purchase of livestock, or animals and includes any place which may be notified as a market in accordance with the rules;
 
 
 
 
4[* * *]
 
 
 
 
(28) “municipality” means an urban area, declared to be a municipality under this Ordinance;
 
 
 
 
(29) “nuisance” includes any act, omission, place or thing which causes or 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;
 
 
 
 
(30) “occupier” includes an owner in actual occupation of his own land or building and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used;
 
 
 
 
(31) “owner” includes the person for the time being receiving the rent of land and buildings, or either of them, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to a tenant;
 
 
 
 
5[(32) “Prescribed Authority” means the Government;]
 
 
 
 
(33) “Paurashava” means a Paurashava constituted under this Ordinance by whatever name called 6[* * *];
 
 
(34) “Paurashava Fund” means a Fund of the Paurashava;
 
 
 
 
(35) “prescribed” means prescribed by rules made under this Ordinance;
 
 
 
 
(36) “public place” means any building, premises or place to which the public have access;
 
 
 
 
7[(36A) “rate” means a levy specified in item numbers 13, 14, 15 and 16 of the First Schedule;]
 
 
 
 
(37) “refuse” includes rubbish, offal, night soil, carcasses of animals, deposits of sewage, waste and any other offensive matter;
 
 
 
 
(38) “regulations” means regulations made under this Ordinance;
 
 
 
 
(39) “ rent” means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land;
 
 
 
 
(40) ”rules” means rules made under this Ordinance;
 
 
 
 
(41) “ rural area” means an area which is not an urban area or is not included within a municipality or cantonment;
 
 
 
 
(42) “street line” means a line dividing the land comprised in, and forming part of, a street from the adjoining land;
 
 
 
 
(43) “sullage” includes sewerage, polluted water, rain water, and any other offensive matter carried by a drain;
 
 
 
 
(44) “tax” includes any toll, 8[* * *] fee or other impost leviable under this Ordinance;
 
 
 
 
(45) “urban area” means an area within the jurisdiction of a Paurashava or Cantonment Board, and includes any other area which is declared to be an urban area under section 3;
 
 
(46) “vehicle” means a wheeled conveyance capable of being used on a street;
 
 
 
 
9[* * *]
 
 
 
 
(47) “water work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, sluice, pipe, culvert, engine and other appliance, and anything for supplying or used for supplying water; and
 
 
 
 
(48) “ward” means a ward of a Paurashava.
 
 
  • 1
    Clause (6) was substituted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 2
    Clause (9A) was omitted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 3
    Clause (11A) was omitted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 4
    Clause (27A) was omitted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 5
    Clause (32) was substituted by section 2 of the Paurashava (Amendment) Ordinance, 1984 (Ordinance No. XI of 1984)
  • 6
    The words “including the Corporation” were omitted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 7
    Clause (36A) was inserted by section 2 of the Paurashava (Amendment) Act, 1980 (Act No. XVIII of 1980)
  • 8
    The word and comma “rate,” was omitted by section 2 of the Paurashava (Amendment) Act, 1980 (Act No. XVIII of 1980)
  • 9
    Clause (46A) was omitted by section 2 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
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