Section 2 in Kerala Town and Country Planning Act, 2016
2. Definitions.
- In this Act, unless the context otherwise requires,-(a)"accommodation reservation" means a permission to the owner of the land, which is required for public amenities in any plan prepared under this Act, to use the potential of a plot in the form of built-up space guided by Floor Area Ratio, in addition to the area required for the amenities, in lieu of the cost of the land and the built-up space of such amenity, to be transferred to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat as the case may be;(b)"amenities" include roads, open spaces, parks, recreational grounds, play grounds, water supply, supply of cooking gas, power supply, street lighting, sewerage, drainage, public facilities and other utilities, services and conveniences;(c)"building" means any structure, for whatsoever purpose and of whatsoever material constructed and every part thereof whether used for human habitation or not and includes foundations, plinth, walls, floors, roofs, chimneys, plumbing and building services, verandah, balcony, cornice or projections, part of building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures;(d)"building operation" includes,-(i)erection or re-erection of a building or any pan of it;(ii)roofing or re-roofing of any part of a building or open space,(iii)any material alteration or enlargement of any building; and .(iv)any such alteration of a building as is likely to affect its security or an alteration of its drainage or sanitary arrangements;(e)"Chief Town Planner" means an officer with prescribed qualification in Town and Country Planning in the Department of Town and Country Planning appointed by the Government;(f)"compulsory acquisition" means acquisition of land as earmarked for compulsory acquisition in the Plans under this Act;(g)"Detailed Town Planning Scheme" means a comprehensive plan for a particular area within the local planning area, conceived within the framework of the Master Plan, if any, for the local planning area, providing detailed proposals for spatial development of such particular area indicating the manner in which the use of land and development therein shall be carried out;(h)"development" means carrying out of building, engineering, mining or other operations, in, on, over or under the land, or making of any material change in any building or land, or in the use of any building or land, and includes subdivision of any land;(i)"District Planning Committee" means the Committee constituted by the Government for a district under Section 53 of the Kerala Municipality Act, 1994 (20 of 1994), to prepare a draft development plan for the district as a whole and to exercise such other Junctions assigned to it by the Government;(j)"execution plan" means a plan prepared for a period of five years for the district, 'metropolitan area or local planning area, as the case may be, providing the goals, policies, strategies, priorities and programmes for spatial development of the area for the period;(k)"floor area ratio" means the quotient obtained by dividing the total floor area on all floors by the area of the plot;(l)"Government" means the Government of Kerala;(m)"industry" means an industry' as defined in the Industrial Disputes Act, 1947 (Central Act 14 of 1947);(n)"joint planning area" means an area declared to be a Joint Planning Area under Section 40 of this Ordinance:(o)"land pooling" means assembling of small land parcels into a large land parcel providing it with infrastructure in a planned manner and returning the re-constituted land to the owners, alter deducting the cost of the provision of infrastructure and public spaces by the sale of some land or otherwise where infrastructure is provided;(p)"local planning area" means the area under the jurisdiction of a Municipal Corporation, a Municipal Council or a Town Panchayat constituted under Section 4 of the Kerala Municipality Act, 1994 (20 of 1994), or of a Village Panchayat constituted under Section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994);(q)"Local Self Government Institution" means a Panchayat constituted under Section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a Municipality constituted under Section 4 of the Kerala Municipality Act, 1994 (20 of 1994);(r)"master plan" means a comprehensive plan for a local planning area covering the whole area or part thereof or a joint planning area, as the case may be conceived within the framework of the perspective plan, if any, providing long-term policies, programmes and detailed proposals for spatial development of such area indicating the manner in which the use of land and development therein shall be carried out;(s)"metropolitan area" means an area notified by the Governor under clause (c) of Article 243P of the Constitution of India to be a Metropolitan Area;(t)"Metropolitan Planning Committee" means the Committee constituted by the Government for a Metropolitan area, under Section 54 of the Kerala Municipality Act. 1994. to prepare a draft development plan for the Metropolitan area as a whole, and to exercise such other functions assigned to it by the Government;(u)"natural hazard prone area" means an area likely to have moderate to very high damage risk of earthquakes or cyclones, significant flood flow or inundation, land slide potential or proneness, sea erosion, wild tire or one or more of similar hazards;(v)"occupier" includes,-(i)any person who, for the time being, is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building;(ii)any owner in occupation of or otherwise using his land or building;(iii)a tenant of any land or building who does not pay any rent;(iv)a licensee in occupation of any land or building: and(v)any person who is liable to pay to the owner, charges for the use and occupation of any land or building:(w)"operational construction" means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services, namely:-(i)railways;(ii)national highways;(iii)State highways;(iv)national waterways;(v)major ports;(vi)airports and aerodromes;(vii)posts, telephones, wireless, broadcasting and other like forms of communication;(viii)regional grid for electricity;(ix)roads, bridges and street furniture by Central and State Government; and(x)any other service which the Government may if it is of the opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purposes of this Act, but shall not include the construction of a building, structure, installation or any extension thereof, as the case may be. used for residential, commercial, public and semi-public, industrial and warehousing purposes;(x)"owner" includes a person who for the time being is receiving or 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 or be entitled to receive the rent or premium if the land was let to a tenant;(y)"perspective plan" means a long-term plan approximately for a period of twenty years providing goals, policies, strategies and general programmes for spatial development of the State, District or a Metropolitan area, as the case may be;(z)"plan" means a comprehensive document providing long-term policies, programmes or detailed proposals for spatial development of a particular area, indicating the manner in which the use of the land and development therein shall be carried out, which shall also contain maps and reports to support, as may be prescribed and includes a perspective plan for the State, a perspective plan for a District, a perspective plan for a Metropolitan Area, a Master Plan for a local planning area or part thereof, a master plan for a joint planning area and a Detailed Town Planning Scheme for any particular area within the local planning area, prepared under this Act unless otherwise specified in this Act;(aa)"prescribed" means prescribed by rules made under this Act;(ab)"residence" means the use for human habitation of any building and appurtenant land or part thereof and includes gardens, grounds, garages, stables and out houses, if any, appertaining to such building;(ac)"spatial planning" means a scientific discipline adopted for town and country planning, with a comprehensive approach, for the physical organisation of space according to an overall strategy, directed towards promoting sustainable and inclusive development of urban and rural areas providing geographical expression to developmental, economic, social, cultural, environmental and ecological policies of society;(ad)"transferable development right" means a development right to transfer the potential of a plot designated for a public purpose in a plan under this Act. expressed in terms of total permissible built-up space calculated on the basis of floor area ratio allowable for that plot, for utilisation by the owner himself or by way of transfer by him to someone else from the present location to a specified area in the plan as additional built-up space over and above the permissible limit in lieu of compensation for the surrender of the concerned plot free from all encumbrances to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat as the case may be.
