Section 2 in The Bihar (Coal Mining) Area Development Authority Act, 1986
2. Definitions.
- In this Act unless the context otherwise requires-(1)'Amenity' includes road, water-supply, street lighting, housing, drainage, sewage, public works, housing, play-fields, parks, educational Health and Medical community and recreational facilities and such other conveniences as the State Government may, by notification in Official Gazette, specify to be an amenity for the purposes of this Act;(2)'Authority' means the [Mineral] [Substituted 'Mineral' for 'Coal Mining' in the body of the Act, vide Bihar Coal Mining Area Development Authority (Amendment) Act, 1992. Sections 2 and 3 (i).] Area Development Authority constituted under section 5 of this Act;(3)'Building Operation' includes erection or re-erection of building or any part thereof, roofing or re-roofing of any part of a building or of any open space, any material alteration or enlargement of a Building, any alteration of a building as is likely to affect its drainage or sanitary arrangements or materially affect its security or the construction of a door opening or any street or land not belonging to the owner;(4)[Mineral] [Substituted for 'Coal Mining' vide Bihar Coal Mining Area Development Authority (Amendment) Act, 1992, Sections 2 and 3 (i).] Development Area' means any area declared to be a [Mineral] [Substituted for 'Coal Mining' vide Bihar Coal Mining Area Development Authority (Amendment) Act, 1992, Sections 2 and 3 (i).] Development Area under sub-section (1) of section 3 of this Act;(5)'Court' means a principal Civil Court of original jurisdiction and includes any other civil court empowered by the Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction;(6)'Development' with its grammatical variations means the carrying out of building engineering, quarrying for building materials or other operations in or over or under land or the making of any material change in any building or land and includes re-development and layout and sub-division of any land and 'to develop' shall be construed accordingly;(7)'Development Plan' means the draft Development Plan and the final Development Plan prepared under this Act;(8)'Engineering Operations' include the formation of laying out of streets or roads or means of access to a road or laying out of means of water supply, drainage, electricity, gas, transportation and other public utility service;(9)'Government' means the State Government;(10)'Land' shall have the meaning as assigned to it in section 3 of the Land Acquisition Act, 1894 (Act I of 1894) and includes benefit to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;(11)'Local Authority' means any Municipal Corporation or Local body constituted under the Bihar and Orissa Municipal Act, 1922 (B. and O. Act VII of 1922) or Panchayat established under the Bihar Panchayati Raj Act, 1948 (Bihar Act VII of 1948) or any such local body constituted in any area to which this Act applied;(12)'Local Newspaper' means daily newspaper recognised by the State Government published or circulated within the planning area;(13)'Means of access' includes any road or means of access whether Private or Public, for vehicles or pedestrians;(14)'Occupier' includes-(a)tenants;(b)an owner in occupation of, or otherwise using his land;(c)a rent-free tenant of any land;(d)a licensee in occupation of any land;(e)lessee or sub-lessee or any other person in occupation of land; and(f)any person, who is liable to pay to the owner rent, damage or any kind of payment for the use and occupation of any land.(15)'Operational Construction' means such constructions as may be prescribed to be so by the State Government;(16)'Owner' means a mortgagee in possession, a person, who for the time being is receiving or is entitled to receive, or has received the rent or premium for any land whether on his own account or on account of, or on behalf of or for the benefit of any other person or as an agent, trustee, guardian or receiver for any other person or for any religious or charitable institution or who would so receive the rent or premium if the land were let to tenant and includes the Head of a Government Department, General Manager of a Railway, the Secretary or other Principal Officer of a Local Authority, statutory Authority or company in respect of properties under their respective control;(17)'Prescribed' means prescribed by rules or regulations made under this Act;(18)'Prescribed Authority' means the authority prescribed under this Act;(19)'Public Place' means any place or building which is open to the use and enjoyment of the public whether it is actually used or enjoyed by the public or not, and whether the entry is regulated by any charge or not;(20)'Regulation' means a regulation made under this Act by the [Mineral] [Substituted for the Word 'Coal Mining' vide the Bihar Coal Mining Area Development Authority (Amendment) Act, 1992, Section 3(i).] Area Development Authority and includes zoning and the regulations made as part of a development plan;(21)'Rule' means a rule made under this Act by the State Government;(22)'Scheme' means a development scheme and includes a plan or plans together with the descriptive matters, if any, relating to such a scheme;(23)Words and expressions not defined under this Act shall have the same meaning as in the [Indian Mines Act, 1923] [Comma (,) after 1923, Omission of 'and' and addition of 'and the Bihar Agriculture Produce Market Act, 1960' by removing the full stop (.) after 1922 vide Section 3(ii) Bihar Coal Mining Area Development Authority (Amendment) Act, 1992.], and the Bihar and Orissa Municipal Act, 1922 [and the Bihar Agricultural Produce Market Act, 1960] [Comma (,) after 1923, Omission of 'and' and addition of 'and the Bihar Agriculture Produce Market Act, 1960' by removing the full stop (.) after 1922 vide Section 3(ii) Bihar Coal Mining Area Development Authority (Amendment) Act, 1992.].(24)[ 'Commodity' means any commodity produced or extracted chemically or mechanically or with the help of tools and equipment driven manually or by power other than the agricultural products as specified in the list to be prepared under clause (ii) of section 90-A of this Act' [New Clauses 24 to 28 added by Section 3(ii) Bihar Coal Mining Area Development Authority (Amendment) Act, 1992.](25)'Market Area' means any area which may be declared as such under section 90-A of this Act;(26)'Factory or Production Centre' means any place or premises or area where production or extraction of any commodity takes place;(27)'Fee' means the amount chargeable under section 90-A of this Act;(28)'Licence' means a licence granted under clause (iii) of Section 90-A of this Act].
