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← West Bengal Acts

The West Bengal Municipal Act, 1993

442 sections · 0 chapters

Section 1 Short title, extent and commencement.
Section 2 Definitions.
Section 3 Declaration of intention to constitute a municipal area.
Section 4 Publication of declaration.
Section 5 Consideration of objection.
Section 6 Constitution of municipal area.
Section 7 Power to classify municipal areas.
Section 8 Power to divide municipal areas into wards.
Section 9 Power to abolish or alter the limits of a municipal area.
Section 10 Power to include certain dwelling-house, manufactory, etc., within a particular municipal area.
Section 11 Power to exempt municipal area from operation of any provisions of the Act unsuited thereto.
Section 12 Municipal authorities.
Section 13 The Municipality.
Section 14 Constitution of Board of Councillors.
Section 15 Chairman-in-Council.
Section 16 Chairman.
Section 17 Election of Chairman.
Section 18 Terms of office of Chairman.
Section 19 Vice-Chairman.
Section 20 Members of Chairman-in-Council.
Section 21 Term of office of Vice-Chairman and other members of Chairman-in-Council.
Section 22 Wards Committee.
Section 23 Borough Committee.
Section 24 Formation of Special Committee.
Section 25 Constitution of Joint Committee.
Section 26 Holding of general election.
Section 27 Reservation of seats for Scheduled Castes, Scheduled Tribes and Women.
Section 28 Elections to the Municipalities.
Section 29 Electoral roll for a municipal area.
Section 30 Condition for registration as a voter.
Section 31 Disqualification for registration in an electoral roll.
Section 32 Appeal.
Section 33 Offences in respect of electoral roll.
Section 34 Right to vote.
Section 35 Qualifications for election as a Councillor.
Section 36 General disqualification for a Councillor.
Section 37 Election of ineligible persons and disqualifications subsequently incurred.
Section 38 Voting.
Section 39 Corrupt practices.
Section 40 Penal provision for corrupt practices.
Section 41 Prosecution and appeal.
Section 42 Orders of disqualification.
Section 43 Election petition and procedure.
Section 44 Setting aside of election.
Section 45 Scrutiny of votes and declaration or confirmation of result.
Section 46 Bar to jurisdiction of Courts.
Section 47 Fresh election when an election is set aside.
Section 48 Saving of acts done by a Councillor before his election is set aside.
Section 49 Power of State Government to remove disqualifications or modify terms thereof.
Section 50 Oath of allegiance to be taken by Councillors.
Section 51 Meeting of the Board of Councillors.
Section 52 Remuneration and allowances.
Section 53 Section 53
Section 54 Cadre of common municipal service, appointments, etc.
Section 55 Municipal Service Commission.
Section 56 Salaries and allowances of officers and employees.
Section 57 Leave and other conditions of service.
Section 58 Compulsory retirement of municipal officers and other employees.
Section 59 Power to declare essential service in municipalities.
Section 60 Enlargement of municipal establishment and recruitment.
Section 61 Classification, control and appeal.
Section 62 Appointment of Pay Review Committee.
Section 63 Obligatory functions.
Section 64 Discretionary functions of the Municipality.
Section 65 Transfer of functions of State Government.
Section 66 Power to transfer any function of Municipality under the Act to any organisation.
Section 67 Municipal Fund.
Section 68 Custody of Municipal Fund.
Section 69 Application of Municipal Fund.
Section 70 Exclusive use of fund for a particular purpose.
Section 71 Financial assistance from the State Government.
Section 72 Loans.
Section 73 Power to incur expenditure beyond the limits of a municipality.
Section 74 Power to acquire and hold property.
Section 75 Vesting of property.
Section 76 Acquisition of property by a Municipality by agreement, exchange, lease, grant, etc.
Section 77 Compulsory acquisition of land.
Section 78 Power of Chairman to act as Collector for acquisition.
Section 79 Special provisions for acquisition of lands adjoining streets.
Section 80 Disposal of property.
Section 81 Inventory of properties of the Municipality.
Section 82 Annual Budget Estimates of a Municipality.
Section 83 Power to alter budget grants.
Section 84 Annual financial statement.
Section 85 Balance-sheet.
Section 86 Appointment and power of the Auditor.
Section 87 Audit report.
Section 88 Chairman-in-Council to remedy the defects upon audit report.
Section 89 Power of the State Government to enforce an order upon audit report.
Section 90 Special audit.
Section 91 Internal audit.
Section 92 Municipal Accounts Committee.
Section 93 Power to impose taxes.
Section 94 Levy on congregations.
Section 95 Levy of fees, charges, etc.
Section 96 Property tax on lands and buildings.
Section 97 Levy of surcharge.
Section 98 Rebate for residential building.
Section 99 Exemption of Diplomatic missions.
Section 100 Exemption of Central Government properties.
Section 101 Exemption of holdings exclusively used for public worship etc.
Section 102 Exemption of holdings exclusively used for public charity or medical relief, or education of the poor, free of charge.
Section 103 Power to reduce rates in case of excessive hardship.
Section 104 Remission of account of vacant building.
Section 105 Exemption of holding of low valuation.
Section 106 Determination of annual valuation.
Section 107 Determination of annual valuation of holdings exempted from property tax.
Section 108 Unit of Assessment
Section 109 Periodic assessment.
Section 110 Preparation of valuation and assessment list.
Section 111 Publication of assessment list and determination of objections.
Section 112 Hearing and determination of application by Review Committee.
Section 113 Amendment and alteration of assessment list.
Section 114 Addition to the assessment list.
Section 115 Submission of returns and inspection of holdings for the purpose of assessment.
Section 116 Notice of transfer.
Section 117 Certificate of approval for transfer of land or building.
Section 118 Certificate of enlistment for profession, trade and calling.
Section 119 Grant of certificate of enlistment.
Section 120 Certificate of enlistment to be obtained within six months of coming into force of the Act.
Section 121 Prohibition of advertisement without written permission of Chairman.
Section 122 Licence for use of site for the purpose of advertisement.
Section 123 Tax on advertisements.
Section 124 Presumption in case of contravention.
Section 125 Power of Chairman in case of contravention.
Section 126 Fine for not paying tax on advertisements.
Section 127 Registration and numbering of carts and carriages.
Section 128 Tax for registration.
Section 129 Carts or carriages not to be kept without being registered and without number.
Section 130 Seizure and sale of unregistered carts or carriages.
Section 131 Power to make rules
Section 132 Ferries may be declared to be municipal ferries
Section 133 Duties of Chairman-in-Council in regard to municipal ferries
Section 134 Rate of tolls to be established and published
Section 135 Keeping of unauthorised ferry-boat
Section 136 When persons crossing river not liable to toll
Section 137 Cancellation of ferry lease etc.
Section 138 Ferries concerning more than one Municipality etc.
Section 139 Power of Board of Councillors to establish toll-bars
Section 140 Existing toll-bars
Section 141 Prohibition of taking unauthorized tolls
Section 142 Seizure and sale consequent on non-payment of toll
Section 143 Penalty for refusing to pay or avoiding payment of toll
Section 144 Exemptions
Section 145 Board of Councillors to collect tolls in a navigable channel
Section 146 Police-officers to assist
Section 147 Manner of recovery of taxes under the Act
Section 148 Incidence of property tax
Section 149 Presentation of bill
Section 150 Time and manner of payment of taxes
Section 151 Notice of demand and notice fee
Section 152 Recovery of tax
Section 153 Distress
Section 154 Disposal of distrained property
Section 155 Attachment and sale of immovable property
Section 156 Fee for distraint and attachment
Section 157 Recovery from a person about to leave jurisdiction of Municipality
Section 158 Sale of movable property situate beyond limits of municipal area
Section 159 Recovery under Ben. Act III of 1913
Section 160 Distraint not unlawful for want of form
Section 161 Occupiers to pay rent towards satisfaction of property tax
Section 162 Recovery of tax from unauthorised occupier of land or building
Section 163 Recovery of property tax on land or building or any other tax or charge in the case of unknown owner of land or premises or disputed ownership
Section 164 Taxes not invalid for defect of form
Section 165 Writing off irrecoverable dues.
Section 166 Power to classify public and private street.
Section 167 Vesting of public street, parking terminals, squares, parks and gardens in the Municipality.
Section 168 Power to the Municipality in respect of control of public streets, etc.
Section 169 Rights of way for underground utilities.
Section 170 Power to maintain maps of underground utilities.
Section 171 Power to acquire lands and buildings for public streets, public parking places and transportation terminals.
Section 172 Power to prescribe building-line and street alignment.
Section 173 Restrictions on erection of, or addition to, buildings or walls within street alignment or building-line.
Section 174 Power to take possession of, and add to street, land situated within street alignment or covered by projecting buildings.
Section 175 Power of setting back building to regular line of street.
Section 176 Power of compulsory setting back of building to regular line of street.
Section 177 Setting forward of building to regular line of street.
Section 178 Payment of compensation.
Section 179 Projected public streets.
Section 180 Power to prohibit use of public streets for certain kind of traffic.
Section 181 Temporary closure of public street.
Section 182 Closure of public street for parking purposes.
Section 183 Sanction of Board of Councillors to projection over streets and drains.
Section 184 Removal of encroachments over public streets, etc.
Section 185 Penalty for encroachment of street or open space.
Section 186 Prohibition of causing damage to street or street furniture.
Section 187 Board of Councillors may require owners of land to repair damage to streets, etc.
Section 188 Naming and numbering of streets and numbering of premiks.
Section 189 Power to require owner to upgrade private street.
Section 190 Power of access over private street.
Section 191 Power to take over private streets.
Section 192 Section 192
Section 193 Layout plans.
Section 194 Lighting of streets and public places and measures for lighting.
Section 195 Power to take measures for generation of electricity.
Section 196 Power to prohibit removal etc. of lamps.
Section 197 Definitions.
Section 198 Power of State Government to make building rules and to classify municipal areas for the purpose of application of building rules.
Section 199 Power to regulate future construction of building in particular streets or localities.
Section 200 Power to prohibit change of authorised use of building.
Section 201 Licence to be obtained for use of premises for non-residential purposes.
Section 202 Power to prevent use of premises for specified purpose in particular area for environmental reasons.
Section 203 Approval of building-sites and sanction of plan for erection of buildings.
Section 204 Prohibition of building without sanction.
Section 205 Application with building plan to erect or re-erect building.
Section 206 Purpose for which building to be used and conditions of validity of notice.
Section 207 Sanction of building plan and permission to execute work.
Section 208 Sanction to be deemed to have been granted if the Board of Councillors defaults in according sanction.
Section 209 Notice to Board of Councillors before commencement of work.
Section 210 Grounds on which sanction may be refused.
Section 211 Period for completion of building work.
Section 212 Completion certificate.
Section 213 Power in cases of buildings at corners of streets.
Section 214 Power to prevent the use of inflammable materials for building, etc.
Section 215 Inspection of building or work requiring sanction.
Section 216 Provisions of this Chapter not to apply in certain cases of additions and alterations.
Section 217 Power to Board of Councillors to cancel permission on the ground of material misrepresentation by applicant.
Section 218 Order for demolition or alteration of buildings in certain cases.
Section 219 Power to stop excavation.
Section 220 Power of Chairman to stop unauthorised construction.
Section 221 Power to require alteration of existing buildings.
Section 222 Maintenance of buildings.
Section 223 Power to order demolition of buildings, dangerous, ruinous or unfit for human habitation.
Section 224 Power to fix lamps, brackets, etc. to buildings.
Section 225 Powers to make regulations regarding buildings.
Section 226 The Municipality to provide water-supply.
Section 227 Public tanks, sub-soil water, etc., to vest in the Municipality.
Section 228 Construction of water-works.
Section 229 Power to lay or carry pipes through public or private land.
Section 230 Control of constructions on land through which water-main etc. passes.
Section 231 Power to permit connection to houses and lands.
Section 232 Power to require water-supply to be taken.
Section 233 Water-supply through hydrants, stand-posts and conveniences.
Section 234 Vesting of private connections to premises in the Municipality.
Section 235 Owner to bear expenses of repairs of works connected with the supply of water.
Section 236 Permission to person outside the municipal area to take water.
Section 237 Power to State Government to take control over imperfect, inefficient or unsuitable water-works etc.
Section 238 Water not to be wasted.
Section 239 Power to cut off or to turn off supply of water to premises.
Section 240 Digging of wells etc. without permission prohibited.
Section 241 Power to set apart wells, tanks, etc. for drinking, culinary, bathing and washing purposes.
Section 242 Analysis of water for drinking or culinary purposes.
Section 243 Power to make rules.
Section 244 Power to make regulations.
Section 245 The Municipality to provide drainage, sewerage, etc.
Section 246 Public drains, trunk-sewers etc. to vest in the Municipality.
Section 247 Control of Board of Councillors over drainage.
Section 248 Cleaning of drains.
Section 249 Provision for treatment and disposal of sewage.
Section 250 Construction or maintenance of drainage and sewerage systems etc.
Section 251 Power of Board of Councillors to lay or carry pipes through private and public land.
Section 252 Use of public drains by private owners.
Section 253 Power to order demolition of drain constructed without consent.
Section 254 Draining of group or block of buildings etc. by combined operation.
Section 255 Power to enforce drainage of undrained premises and separate drainage in any premises.
Section 256 Power of State Government to exercise control over imperfect, inefficient or unsuitable drainage work.
Section 257 Encroachment on municipal drains.
Section 258 Power to take rules.
Section 259 Power to Board of Councillors to make regulations.
Section 260 Functions in relation to solid wastes.
Section 261 Provision for receptacles, depots and places for temporary deposit.
Section 262 Duties of owners and occupiers to collect and deposit rubbish, etc.
Section 263 The Municipality to provide for cleansing of streets and removal of solid wastes.
Section 264 Solid wastes to be municipal property.
Section 265 Provision of vehicles or other suitable means for removal of solid wastes.
Section 266 Removal of solid wastes accumulated on non-residential premises.
Section 267 Appointment of places for disposal and final disposal of solid wastes.
Section 268 Provision for processing and disposal of solid wastes.
Section 269 Special sanitary arrangements at certain places.
Section 270 Prohibition against deposit of solid wastes.
Section 271 Presumption as to offender.
Section 272 Depositing or throwing any solid waste in contravention of the provisions of this Act.
Section 273 Power of the Municipality to get certain places scavenged and cleansed.
Section 274 Provision of markets and slaughter houses.
Section 275 Use of municipal markets.
Section 276 Levy of stallage, rent and fee.
Section 277 Premium, stallage, rent, etc. to be published.
Section 278 Private markets and slaughter houses.
Section 279 Power to expel person contravening regulations.
Section 280 Prohibition of business and trade near a market.
Section 281 Municipal licence specially for sale of flesh, fish or poultry.
Section 282 Municipal licence for hawking articles, etc.
Section 283 Power to inspect places where unlawful slaughter of animals, etc. is suspected.
Section 284 Power to seize food or drug etc.
Section 285 Commercial projects etc. of a Municipality.
Section 286 Power of Board of Councillors to define and alter limit of bustee or slum.
Section 287 Power to prepare improvement schemes.
Section 288 Notice for participation of owners and occupiers.
Section 289 Management of areas of common uses and facilities.
Section 290 Lay-out plan for sanction of erection of hut or structure in a bustee.
Section 291 Removal of congested buildings.
Section 292 Power to require improvement of buildings unfit for human habitation.
Section 293 Area development.
Section 294 Matters to be provided in an area development project.
Section 295 Execution of an area development project.
Section 296 Power to acquire land or building for orderly growth.
Section 297 Power of Municipality to plan for the region.
Section 298 Preparation of a master plan.
Section 299 Urban Development Committee.
Section 300 Panchayats as Urban Development Committees
Section 301 Board of Councillors in charge of Urban Development Region.
Section 302 Power to make rules.
Section 303 Application of the Act to Municipalities in hill areas.
Section 304 Extension of definitions of "drain" and "masonry building".
Section 305 Definitions.
Section 306 Absolute closing of public roads.
Section 307 Power to close private road.
Section 308 Power to close temporarily a road or part of a road for repairs or other public purpose.
Section 309 Control over private roads and bridges.
Section 310 Control over construction or alteration of private roads.
Section 311 Reconstruclion etc. of private road.
Section 312 Provision for enlargement of waterway on private road.
Section 313 Rules as to construction etc. of private road etc.
Section 314 Removal of materials falling upon or into road or drains.
Section 315 Control over construction or alteration of private drains.
Section 316 Reconstruction, repair, etc. of private drains, gutters, etc.
Section 317 Power to require provision of private drain.
Section 318 Private drainage in combination.
Section 319 Power where buildings etc. threaten the stability of other immovable property.
Section 320 Power where hillside or bank threatens the safety of buildings.
Section 321 Power to require revetting, turfing or sloping.
Section 322 Power to execute work in combination.
Section 323 Power to execute works where public road, drain, revetment or retaining-wall is affected.
Section 324 Rules as to revetting, turfing and sloping.
Section 325 Power to prohibit occupation of unsafe or insanitary building.
Section 326 Additional power to Board of Councillors in hill areas to make regulations.
Section 327 Precautions in case of dangerous structures.
Section 328 Precautions in case of dangerous trees.
Section 329 Precautions in case of dangerous tanks, well, holes, etc.
Section 330 Power to stop dangerous quarrying.
Section 331 Precautions against fire.
Section 332 Prohibition of construction of wells, tanks, etc. without permission of Board of Councillors.
Section 333 Filling in of pools, etc., which are a nuisance.
Section 334 Regulation or prohibition of certain practices relating to cultivation.
Section 335 Cleansing of insanitary private tank or well used for drinking purposes.
Section 336 Duty of the Chairman-in-Council in respect of public well or receptacle of stagnant water.
Section 337 Prohibition against, or regulation of, washing animals or clothes or fishing in public water courses, tanks, etc.
Section 338 Provision of public toilets and wash-houses.
Section 339 Provision against washing by washermen at unauthorised places.
Section 340 Prohibition against defiling water of tanks etc., whether public or private.
Section 341 Unoccupied buildings or lands.
Section 342 Abatement of overcrowding in dwelling-house or dwelling-place.
Section 343 Prohibition against feeding certain animals on filth.
Section 344 Premises not to be used for keeping animals, birds, etc., without licence.
Section 345 Seizure of certain animals or birds.
Section 346 Power to deal with infected dogs or animals.
Section 347 Power to stop nuisances from animals within premises.
Section 348 Control and removal of khatals.
Section 349 Power to require repair, alteration, removal or conversion of latrines etc.
Section 350 Power to abate nuisances caused by pollution.
Section 351 Board of Councillors to take measures for prevention and checking of dangerous diseases.
Section 352 Obligation to give information of dangerous disease.
Section 353 Power of Chairman to cause inspection of a place and take measures to prevent spread of dangerous disease.
Section 354 Power of Chairman to cause disinfection of building, tank, pool or well.
Section 355 Power of Chairman to destroy infectious buildings, structures, huts or sheds.
Section 356 Power of Chairman to close lodging and eating houses.
Section 357 Power of Chairman to restrict or prohibit sale of fish, flesh, food, drink, articles, etc.
Section 358 Control over well and tanks, etc.
Section 359 Special measures in case of outbreak of dangerous or epidemic diseases.
Section 360 Disposal of infectious corpses.
Section 361 Prohibition of making or selling of food etc. or washing of clothes by infected persons.
Section 362 Duty of persons suffering from dangerous disease.
Section 363 Registration of births and deaths.
Section 364 Information of births.
Section 365 Information respecting finding of new-born child.
Section 366 Information regarding death.
Section 367 Medical practitioner to certify cause of death.
Section 368 Duties of police in regard to unclaimed corpses.
Section 369 Sextons, etc., not to bury, etc., corpse.
Section 370 Registration of places for disposal of the dead.
Section 371 Provision for, and registration of, new places for disposal of the dead.
Section 372 Permission for opening new place for disposal of the dead or reopening of place.
Section 373 Power to require closing of burning and burial grounds.
Section 374 Power to direct reopening of any place closed for the disposal of the dead.
Section 375 Prohibitions regarding burials within places of worship and exhumation.
Section 376 Acts prohibited in connection with disposal of dead.
Section 377 Disposal of dead animals.
Section 378 Constitution of notified area.
Section 379 Power to apply enactments to, and constitute authority in, notified area.
Section 380 Consequences of application of the Act to a notified area.
Section 381 Abolition or alteration of a notified area.
Section 382 Consequences of abolition or alteration of notified area.
Section 383 Officers and other employees.
Section 384 Special provision relating to non-municipal urban area.
Section 385 Power to make rules.
Section 386 Signature, conditions, duration, suspension, revocation, etc. of licences and written permissions.
Section 387 Powers of entry and inspection.
Section 388 Power to enter land or adjoining land in relation to any work.
Section 389 Breaking into building.
Section 390 Time of making entry.
Section 391 Notice for entry.
Section 392 Public notices how to be made known.
Section 393 Proof of consent etc. of Board of Councillors or any officer of the Municipality.
Section 394 Notices etc. to fix reasonable time.
Section 395 Signature on notices etc. to be stamped.
Section 396 Notice etc. by whom to be served or issued.
Section 397 Service of notices etc.
Section 398 Time for complying with requisition or order, and power of Board of Councillors to enforce requisition or order in default.
Section 399 Submission of objections to comply with notice.
Section 400 Power of Board of Councillors to enter into agreement for payment of expenses in instalments.
Section 401 Execution of work by occupier on the failure of owner.
Section 402 Relief to receivers, agents and trustees.
Section 403 General power of Municipality to pay compensation.
Section 404 Compensation to be paid for damage to property of Municipality.
Section 405 Recovery of certain dues of Municipality.
Section 406 Power to institute etc. legal proceedings and obtain legal advice.
Section 407 Notice, limitation and tender of relief in suits against Board of Councillors etc.
Section 408 Indemnity
Section 409 Co-operation of the police
Section 410 Power of police to arrest offenders
Section 411 Validity of notices and other documents
Section 412 Admissibility of document or entry as evidence
Section 413 Evidence of officer or other employee of Municipality
Section 414 Prohibition against removal of mark
Section 415 Prohibition against removal or obliteration of notice
Section 416 Prohibition against unauthorised intermeddling with property of the Municipality
Section 417 Power to make rules
Section 418 Power to amend Schedule
Section 419 Power to make regulations
Section 420 Regulations to be subject to approval of State Government
Section 421 Power of State Government to cancel or modify regulations
Section 422 Penalty for breach of rules or regulations
Section 423 Rules and regulations to be available for inspection and purchase
Section 424 Doubts as to powers, duties or functions of municipal authorities
Section 425 Delegation of power by the State Government
Section 426 Supervision by Director of Local Bodies
Section 427 Power of State Government to call for documents, returns of information from Chairman or any officer of Municipality
Section 428 Inspection of municipal works and institutions by Government officers
Section 429 Power to suspend action under the Act
Section 430 Powers of State Government in case of default
Section 431 Power of the State Government to intervene in case of gross neglect or serious irregularity
Section 432 Co-ordination for purposes of planning and development
Section 433 Civic participation
Section 434 Services of Municipal Engineering Directorate
Section 435 Training and Research Programmes of Institute of Local Government and Urban Studies
Section 436 Appointment of officers for Municipalities from cadres of State Government
Section 437 Withdrawal of sections extended by State Government
Section 438 Disputes
Section 439 Savings as to certain suits and proceedings
Section 440 Penalties and punishments
Section 441 Repeal and savings
Section 442 Removal of difficulties
Section SCHEDULE I (See section 118.) Professions, trades and callings.
Section SCHEDULE II (See section 201.) Purposes for which premises may not be used without a licence or written permission.
Section SCHEDULE III [See section 106(4).] Parts of plant or of combination of plant and machinery in certain cases not be excluded in calculating the annual value of any land or building.
Section SCHEDULE IV Penalties. (See section 440.)

The West Bengal Municipal Act, 1993

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The West Bengal Municipal Act, 1993
Section 305

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Section 305 of The West Bengal Municipal Act, 1993 — Definitions

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Official Legislative Text

In this Chapter,—(i) "Government road" means a road, street, square, court, alley or passage maintained by the Central or the State Government or at the public expense;(ii) "private bridge" means any bridge which is not a public bridge as defined in this section;(iii) "private drain" means any drain which is not a public drain as defined in this section;(iv) "private road" means any road, street, square, court, alley or passage which is not a public road or Government road as defined in this section;(v) "public bridge" means a bridge on or over which a public road or any public work is carried, and which is, for the time being, vested in the Board of Councillors;(vi) "public drain" means any drain which is vested in the Board of Councillors;(vii) "public road" means a "public street" as defined in clause (51) of section 2, but does not include a Government road.

Notes for this section are being prepared — this page will update on its own once they’re ready.

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