Section 2 in The Goa, Daman and Diu Town and Country Planning Act, 1974
2. Definitions.
- In this Act, unless the context otherwise requires,-(1)[ "accommodation reservation" means to accord a permission by the Government to owner of land, that is required for public amenity specified in Development Plan or Regional Plan, by the Planning and Development Authority, municipal corporation, municipal council or village panchayat, as the case may be, to use the potential of such land in the form of built-up space guided by permissible Floor Area Ratio, in addition to the built-up space required for such amenity, in lieu of payment of compensation for such land and such amenity, transferred in favour of such authority;] [Inserted by Goa Act No. 9 of 2018, dated 22.8.2018.](1A)[] [Renumbered by Goa Act No. 9 of 2018, dated 22.8.2018.] 'agriculture' includes (i) horticulture, farming, growing of crops, fruits, vegetables, flowers, grass, fodder and trees; (ii) any kind of cultivation of soil; (iii) breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees; (iv) the use of land which is ancillary to the farming of land or any other agricultural purposes; but does not include the use of any land attached to a building for the purposes of garden to be used along with such building; and the expression 'agricultural' shall be construed accordingly;(2)'amenities' include the utilities such as roads and streets, open spaces, parks, recreational grounds, playgrounds, water and electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences;(3)'area of bad lay-out or obsolete development' means the area which is defined by a Development Plan as an area of bad lay-out or obsolete development and includes other lands contiguous or adjacent thereto;(4)'Board' means the Goa, Daman and Diu Town and Country Planning Board constituted under section 4;(5)'building operations' includes-(a)erection or re-erection of a building or any part of it;(b)roofing or re-roofing of a building or any part of a building or an open space;(c)any material alteration or enlargement of a building;(d)any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangements or materially affect its security; and(e)the construction of a door opening on any street or land not belonging to the owner of a building;(6)'Chief Town Planner' means the Chief Town Planner appointed under section 3;(7)'commerce' means the carrying on of any trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of:-(i)with a view to making profit, hospitals or nursing homes exceeding twenty-five beds; and(ii)hotels, restaurants and boarding houses not attached to educational institutions; and the expression 'commercial' shall be construed accordingly;(8)'commercial use' includes the use of any land or building or part thereof for purposes of commerce or for storage of goods, or as an office, whether attached to any industry or otherwise;(9)'court' means a court under the Code of Civil Procedure, 1908 (Central Act V of 1908);(10)'development' with its grammatical variations and cognate expressions, means the carrying out of building, engineering, mining, quarrying or other operations in, on, over or under, land, [* * *] [The words 'the cutting of a hill or any portion thereof' omitted by the Amendment Act 22 of 1997.] or the making of any material change in any building or land, or in the use of any building or land, and includes sub-division of any land;(11)'Development Plan' means an Outline Development Plan or a Comprehensive Development Plan prepared under this Act;(12)'engineering operations' includes the formation or the laying out of means of access to a road or the laying out of means of water supply, drainage, sewerage or of electricity cables or lines or of telephone lines;(13)'Government' means the Government of Goa, Daman and Diu, and includes the Administrator of the Union territory appointed by the President under article 239 of the Constitution;(14)'industrial use' includes the use of any land or building or part thereof for purposes of any industry;(15)'industry' includes the carrying on of any manufacturing process as defined in the Factories Act, 1948, and the expression 'industrial' shall be construed accordingly; Central Act 63 of 1948.(16)'land' includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;(17)'land use' means the major use to which a plot of land is being used on any specified date;(18)'local authority' means a municipal council or a village panchayat;(19)'local newspaper' in relation to any planning area, means any newspaper published or circulated within that area;(20)'notification' means a notification published in the Official Gazette;(21)'occupier' includes-(a)a tenant;(b)an owner in occupation of, or otherwise using his land or building or part thereof;(c)a rent-free occupant of any land or building or part thereof;(d)a licensee in occupation of any land or building or part thereof; and(e)any person who is liable to pay to the owner damages for the use and occupation of any land or building or part thereof;(22)'owner' in relation to any property, includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager, or receiver for another person, or for any religious or charitable purpose, the rents or profits of such property;(23)'Planning and Development Authority' means any Planning and Development Authority constituted under this Act;(24)'planning area' means any area declared to be a planning area under this Act;(25)'plot' means a continuous portion of land held in one ownership;(26)'prescribed' means prescribed by rules made under this Act;(27)'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 fees or not;(28)'reconstituted plot' means a plot which is altered either in ownership or in any other manner by a town planning scheme;(29)'re-location of population' means in relation to an area of bad lay-out or obsolete development or a slum area, the making available, in that area or elsewhere, of accommodation, for residential purposes or for carrying on business or other activities, together with amenities, to persons living or carrying on business or other activities in the said area who have to be so accommodated so that the said area may be properly planned;(30)'residence' includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and out-houses if any, appertaining to such building; and the expression 'residential' shall be construed accordingly;(30A)[ "transferable development right" means a right to transfer the potential of a land required for public purpose by the Planning and Development Authority, municipal corporation, municipal council or a village panchayat, as the case may be, expressed in terms of total permissible built-up area, for utilization by the owner himself or transfer by him to someone else, from the present location to a specified area, as additional built-up space over and above the permissible limit in that area in lieu of the payment of compensation for such land; [Inserted by Goa Act No. 9 of 2018, dated 22.8.2018.](30B)"transferable development right for posterity" means the right to sell, transfer or surrender the development right or potential of land zoned as agricultural land or land in other areas such as heritage site, water body, riverine land, farm land, khazan land, private forest, land under Coastal Regulation Zone and the like to alternate sites as identified in the Development Plan or Regional Plan;](31)'Union territory' means the Union territory of Goa, Daman and Diu;(32)words and expressions used in this Act and not defined herein but defined in the Goa, Daman and Diu Municipalities Act, 1968, shall have the same meanings as are respectively assigned to them in that Act. 7 of 1969.
