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ACT XII OF 1975 ACT XII OF 1975 BALUCHISTAN LOCAL GOVERNMENT ACT, 1975 CHAPTER I‑INTRODUCTORY 3. Definitions.‑(A) In this Act, unless the context otherwise requires‑ (1) 'Act' means the Baluchistan Local Government Act, 1975. (2) 'annual rental value' means the gross annual rent at which a building or land may be let from year to year; (3) `budget' means an official statement of income and expenditure of a Local Council for a financial year; (4) 'building' includes any shop, house, hut, outhouse, shed, stable, enclosure, wall, wells, verandah, platform, plinth, ramp, stair‑case and steps; (5) 'Chairman' means the Chairman of a Local Council constituted under this Act and includes the Mayor of the Municipal Corporation; (6) 'cattle' means cows, bufaloes, bulls, oxen, bullocks, heifers, calves, camel, sheep and goats; (7) 'city' means an area declared to be a city under this Act; (8) 'conservancy' means the collection, treatment, removal and disposal of refuse; (9) 'dealer' means any person not being a grower who within a market area sets up, establishes or allows any place to be used for the purchase or sale of farm produce or purchases or sells such farm produce; (10) 'Dehi Council' means a Dehi Council constituted under this Act; (11) 'District Judge' shall include an Additional District Judge; (12) 'Deh' means a Deb declared under this Act; (13) 'drain' includes a sewer, a house drain, a drain of any other descrip tion, a tunnel, a culvert, a ditch, a channel and any other device for carrying sullage or rain water; (14) 'dwelling house' means any building used substantially for human habitation; (15) 'elected member' means a member who has been elected under the provisions of this Act; (16) 'erect or re‑erect a building' means the construction of a new building and includes such material alterations of a building as enlargement of any wall, verandah, fixed platform, plinth or a part of the building, structural conversion into one 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 rooms, building substance or other structure to a building, reconstruction of 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, of a door opening 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; (17) 'farm produce' means cotton, wheat, barley, gram, rice, maize, millets, pulses, sugarcane, oil seeds, vegetables, fruits and fruits products, livestock products including hides, bones, skins, wool hair, and ghee. or any product derived from any one of these or any other commodity that may be declared by notification to be farm produce; (18) 'food' includes every eatable used for food or drink by human be ings but does not include drugs or water; (19) 'Government' means the Government of Baluchistan; (20) 'grower' means a person who grows farm produce personally, through tenant or otherwise but does not include a person or a grower who works as a dealer or a broker or who is a partner of a firm of dealers or brokers or is otherwise engaged in the business or disposal or storage of farm produce; provided that no person shall be disqualified from being a grower on the ground only that he is a member of society registered under the Cooperative Societies Act, 1925; (21) 'Halqa' means a local area declared as such under this Act; ('22) 'Halqa Council' means a Halqa Council constituted under this Act; (23) 'land' includes land which is being built up or is covered 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; (24) 'Local Area' means area under the jurisdiction of a Local Council; (25) 'Local Council' means a Local Council constituted under this Act; (26) 'Local Fund' means the fund of a Local Council; (27) 'Market' means a place where persons assemble for the sale and purchase of meat, fish, fruit, poultry, vegetables or any other eatable of food or for the sale and purchase of livestock or animals and includes any place which may from time to time be notified as a Market; (28) 'Member' means a member of a Local Council; (29) 'Member of a minority community' means a person other than a Muslim as defined in the Constitution of the Islamic Republic of Pakistan, 1973; (30) 'Mohallah' means the local area declared as such under this Act; (31) 'Mohallah Committee' means a Mohallah Committee constituted under this Act; (3z) 'Municipality' means an area declared to be a Municipality under this Act; (33) 'Municipal Committee' means a Municipal Committee constituted under this Act; (34) 'Municipal Corporation' means a Municipal Corporation constituted for a city under this Act; (35) 'Occupier' means a person in actual possession of land or building whether as an owner or otherwise; (36) '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; (37) 'Panchayat' means the Panchayat constituted under this Act; (38) 'Peasant' means any person who is owner of not more than 32 acres of agricultural land or is a tenant of not more than 64 acres of agri cultural land and in either case engages himself personally in the cultivation of land; (39) 'Prescribed' means prescribed by rules; (40) 'Prohibited Zone' means any area or areas within a municipality or a city declared as prohibited zone by a public notice by such Local Councils for the purposes of section 71; (41) 'Province' means the Province of Baluchistan; (42) 'Primary Education' means education pertaining to all or any of the Classes I to VIII in any scheme other than a High School; (43) 'Public road' means a road maintained by the Government or by a Local Council or a Local Authority; (44) 'Public Street' means a street maintained by the Government or by a Local Council or a Local Authority; (45) 'Public way' means a way maintained by the Government or by 4 Local Council or a Local Authority; (46) 'Public place' means any building, premises or place to which the public have access; (47) 'rate' includes cess; (48) 'relative' means parents, guardians, children and adopted children; (49) 'refuse' includes rubbish, offal, night-soil, carcasses of animals, deposits of sewerage, waste and any other offensive matter; (50) 'road' includes a road which is not a thoroughfare; (51) 'specify' means specified by standing orders of the Government; (52) 'street' includes a street which is not a thoroughfare; (53) 'sullage' includes sewerage, polluted water, rain water and any other offensive matter carried by a drain; (54) 'tax' includes any cess, fee, rate, toll, or other impost leviable under this Act; (55) 'Town' means a local area declared as such under this Act; (56) 'Town Committee' means a Town Committee constituted under this Act; (57) 'trade allowance' includes such allowances as have the sanction of custom in a Market Area; (58) 'Tribunal' means a tribunal constituted under this Act; (59) 'Vehicle' means a wheeled conveyance capable of being used on a street; (60) 'Vice‑Chairman' means a Vice‑Chairman of a Local Council constituted under this Act and includes a Deputy Mayor of a Municipal Corporation; (61) 'voter' means a person whose name for the time being appears on the electoral rolls prepared or adopted for the purposes of this Act; (62) 'ware‑houseman' 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; (63) 'water work' 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; (64) '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 contractor 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 employ ment in connection with or as a consequence of that dispute or whose dis missal, discharge, retrenchment, lay off or removal has led to that dispute but does not include any person‑ (i) who is employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity draws wages exceed ing 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) also includes self‑employed craftsmen like blacksmiths, carpenters, tailors and shoemakers; (65) 'Zila' means a District excluding Towns, Municipalities, Cantonment .Areas and Federal Areas; and (66) 'Zila Council' means a Zila Council constituted under this Act. (B) Unless the context otherwise requires‑ (1) the words and expressions 'complaint', 'cognizable offence, 'Officer Incharge of a Police Station' and 'Police Station' shall have the same meaning as are respectively assigned to them in section 4 of the Code of Criminal Procedure, 1898 (Act V of 1898); and (2) 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 19J8).