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3

Definitions

Act: Baluchistan Local Government Ordinance 1980

Section Provisions

BALUCHISTAN LOCAL GOVERNMENT ORDINANCE, 1980 BALUCHISTAN LOCAL GOVERNMENT ORDINANCE, 1980 CHAPTER I‑INTRODUCTORY 3. Definitions.‑.In this Ordinance, unless the context otherwise require‑ (1) `annual rental value' means the gross annual rent at which a Building or Land may be let from year to year ; (2) `budget' 'means an official statement of income and expenditure of a. Local Council for a financial Sear ; (3) `building' includes any shop, house, hut, outhouse, shed, stable, en closure wall, wells, verandah, platform, plinth, ramp, stair‑case and steps ; (4) `Chairman' means the Chairman of a 'Local Council constituted under this Ordinance and includes the Mayor of a Municipal Corporation ; (5) `Cattle' means cows, buffaloes, bulls, oxen, bullocks, heifer, calves, camels sheep and goats ; (6) `City' means an area declared to be a city under this Ordinance ; (7) `Conservancy' means the collection, treatment removal and disposal of refuse ; (7‑A) "Consumption" means utilization of an article by causing change in its existing position and nature, which may include conversion of a ship other floating structure into its pieces, scrape and other articles of similar nature, commonly known and styled as ship breaking; [Added by Ordinance VI of 1982‑Take effect from 1‑7‑1980. '.] (8) "Dealer" means any person who within a market area sets up, establishes, or allows any place to be used for the purchase or sale of farm produce ; (9) "District" means a revenue district; (10) "District Council" means District Council constituted under this Ordinance; (11) "Divisional Co‑ordination Committee" means a Committee constituted under this Ordinance. (12) "Drain" includes a sewer, a house drain,‑ a drain of any other des cription, a tunnel, a culvert, a ditch, a channel and any other device for carry ing sullage or rain water ; (13) "Dwelling house" means any building used substantially for human habitation ; (14) "Elected member" means a member who has been elected under the provisions of this Ordinance. (15) "Erect or re‑erect a building" means the construction of a new build ing and includes such material alterations of a budding as enlargement of any wall, verandah, fixed platform, plinth or a part of the building struc tural conversion of two or more places, for human habitation or a building not originally meant for the purpose, structural conversion of two or more places of human habitation into a greater number of such places, addition of any room, building substance or other structure to a building, reconstruction of a whole or any part of the external walls of a building, or the renewal of the parts of a wooden building, construction in a wall adjoining any street or land, not belonging to the owner of the wall, or opening of a door to such street or land, such alterations of the internal arrangements of a building as affect its drainage, ventilation or other sanitary arrangements or its security or stability ; (16) "Farm produce" means all agriculture crops/produces including Live stock produces and hides, skins, woollen and ghee or any other product derived from any one of these or any other commodity that may be declared by Notification to be farm produce; (17) "Food" includes all edibles used for food or drink by human beings but does not include drugs and water ; (18) "Government" means the Government of Baluchistan ; (19) "Grower" means a person who grows farm produce personally or through tenant or otherwise ; (20) "Land" includes land which is being built up or is built up is cove red with water or is under cultivation or is fallow, and in relation to Town Improvement Committee includes land as defined in clause (a) of section' 3 of the Land Acquisition Act, 1894 ; (21) "Local. Area" means area under the jurisdiction of ,a Local Council ; (22) "Local Council" means a Local Council constituted under this Ordin ance ; (23) "Local Court" means the Court constituted under this Ordinance ; (24) "Local Fund" means the Fund of a Local Council ; (25) "Local Council Service" means a Service constituted under section 43 of the Ordinance ; (26) "Market" means a place where persons assemble for the sale and purchase of meat, fish, fruit, poultry, vegetables or any other eatable or food or for the sale and purchase of livestock or animals and includes, any place which may from time to time notified as a Market ; ' (27) "Member" means a member of a Local Council ; (28) "Member of a minority community" means a person other than a Muslim as defined in the Constitution of .the Islamic Republic of Pak istan ; (29) "Mohallah" means ‑the. Local Area declared as such under this Ordinance ; (30) "Mohallah Committee" means 4 Mohallah Committee constituted under this Ordinance ; (31) "Municipality" means an area declared to be a Municipality under this Ordinance ; (32) "Municipal Committee" means a Municipal Committee constituted under this Ordinance; (33) "Municipal Corporation" means a Municipal Corporation constituted for a city under this Ordinance . (34) "Nuisance" includes an act omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sightsmell or hearing or which is or may be dangerous to life or injurious to health or property ; (35) "Observer" means a person who watches the proceedings of a meeting ; (36) "Ordinance" means the Baluchistan Local Government Ordinance, 1980 ; (37) "Occupier" cleans a person in actual possession of land or building whether as an owner or otherwise ; (38) "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 person who would so receive the same if land or building were let to a tenant ; (39) "Peasant" means any person who is owner of not more than 32 acres of agricultural land and engages himself personally in the cultivation of land ; (40) 'Prescribed' means prescribed by rules; (41) 'Prohibited Zone' means any area or areas within a Municipality or a town or a city declared as prohibited zone by a public notice by Local Council concerned; (42) 'Province' means the Province of Buluchistan; (43) 'Primary Education' means education pertaining to all or any of the classes from I to V in any school other than a High School; (44) 'Provincial Local Councils Board' means a Board constituted under section 43 of this Ordinance; (45) 'Public Road' means a road maintained by the Government or by a Local Council or a Local Authority; (46) 'Public Street' means a street maintained by the Government or by a Local Council or a Local Authority; (47) 'Public way' means away maintained by the Government or by a Local Council or a Local Authority; (48) 'Public place' means any building premises or place to which the public have access; (49) 'relative' means parents, guardians, wife, husband children and adopted children; (50) 'Regulations' means regulation made under this Ordinance; (51) 'refuse' includes rubbish, offal, nightsoil, carcasses of animals. deposits of sewerage, waste and any other offensive matter; (52) 'road' includes also a road which is not a thoroughfare; (53) 'Rules' means rules made under this Ordinance; (54) 'Secretary' means an officer incharge of the administration of a Local Council established under this Ordinance, provided that the Secretary, of the Quetta Municipal Corporation/Committee Quetta shall be designated as Municipal Commissioner/Chief Municipal Officer; (55) 'Special interests' include worker, peasant, tenant, Women and such other interest as Government may specify; (56) 'street' includes also a street which is‑not a thoroughfare; (57) 'sullage' includes sewerage, polluted water, rain Water or any other offensive matter carried by a drain; ( 8) 'tax' includes any cess, fee,‑ rate, toll, or other impost leviable under this Ordinance; (59) 'Tehsil' means a Revenue Tehsil; (60) 'Tehsil Council' means a Tehsil Council constituted under this Ordinance; (61) 'tenant' means a person who holds land under another person and is or, but for a special contract, would be liable to pay rent for that land to that other person; but it does not include‑ (a) a mortgagee of the rights of a landowner, or (b) a person to whom a holding has been transferred, or an estate or holding has been let in farm, under‑the Baluchistan Land Revenue Act, 1976, for the recovery of an arrear of land revenue or of a sum recoverable as such arrear, or (c) a person who takes from the Government a lease of unoccupied land for the purpose of subletting it; (62) 'Town' means a Local area declared as such under this Ordinance; (63) 'Town Committee' means a Town Committee constituted under this Ordinance; (64) 'Trade allowance' includes such allowances as have the sanction of custom (riwaj) in a Market area; (65) 'Tribunal' means a tribunal constituted under this Ordinance; (66) 'Union' means Union declared under this Ordinance; (67) 'Union Council' means a Union Council constituted under this Ordinance; (68) 'Vehicle' means a wheeled conveyance capable of being used on a street; (69) 'Voter' means a person whose name for the time being appears on the electoral rolls prepared or adopted for the purpose of this Ordinance; (70) 'Ware‑housemen' includes a person who stores any farm produce not belonging to himself and charges rent therefor in any form from the person at whose instance the said produce is so stored; (71) 'water‑works' includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, sluice, pipe, culvert, engine and other appliances and any thing used for supplying water; (72) 'Worker'‑--- (a) means any person not falling within the definition of employer, who is employed (including employment as a supervisor or as an apprentice), in an establishment or industry for hire or reward either directly or through a con tractor whether the terms of employment be expressed or implied, and for the purpose of any proceeding under the Industrial Relations Ordinance, 1969 in relation to an industrial dispute, includes a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employment in connection with or as a consequence of that dispute or whose dismissal, dis charge, retrenchment, lay off, or removal has led to that dispute but does not include any person‑‑ (i) who is employed in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity draws wages exceeding eight hundred rupees per mensem or performs either because of the nature of duties attached to the office, or by reason of the powers vested in him, functions mainly of managerial nature; (b) and includes self‑employed craftsman like blacksmiths, carpenters, tailors and shoe‑makers; (73) Unless the context otherwise requires‑ (a) the words and expressions complaint, cognizable offence, Officer incharge of a Police Station and police section shall have the same meaning as are respectively assigned to them in section 4 of the Code of Criminal Procedure, 1898 (Act V of 11398); and (i) the words and expressions, `decree', and `movable property' shall have the same meanings as are respectively assigned to them in section 2 of the Code of Civil Procedure, 1908 (Act V of 1908).