Section 2 in The Gujarat Town Planning and Urban Development Act, 1976
2. Definitions.
- In this Act, unless the context otherwise requires,-(i)"agriculture" includes-(a)horticulture;(b)farming;(c)raising of crops, fruits, vegetables, grass, fodder, trees or any other kind of cultivation;(d)breeding and keeping of live-stock, including horses, donkeys, mules, pigs, fish, poultry and bees; and(e)the use of land for any purpose which is ancillary to its cultivation or to any other agricultural purpose, but does not include the use of land as a garden which is an appendage to a building and the expression "agricultural" shall be construed accordingly;(ii)"amenity" includes roads, streets, open spaces, parks, playgrounds, recreational grounds, water and electric supply, street lighting, sewerage, drainage, public works and other utility services and conveniences;(iii)"appropriate authority", in relation to a development area, means an area development authority or an urban development authority, as the case may be;(iv)"area development authority" means an area development authority constituted under Section 5 [and includes a local authority, designated as such under sub-section (1) of Section 6 or Government company designated as such under Section 6-A] [These words, brackets, figures and letter were inserted by Gujarat 2 of 1999, Section 2 (1) (i) (w.e.f. 01-05-1999).];(v)"authorised officer" means an officer appointed by the State Government under sub-section (2) of Section 9;(vi)"building operations" includes,-(a)erection or re-erection of a building or any part thereof;(b)roofing or re-roofing of a building or any part of a building or any open space;(c)any material alteration of a building as is likely to affect the alteration of its drainage or sanitary arrangement or to materially affect its security, or the construction of a door opening on any street or land not belonging to the owner;(vii)"Chief Town Planner" means the officer appointed as Chief Town Planner to the Government of Gujarat;(viii)"development", with all its grammatical variations and cognate expressions, means the carrying out of any building, engineering, mining, or other operations in, or over, or under land or the making of any material change in any building or land or in the use of any building or land, and includes layout and sub-division of any land;(ix)"development area" means an area declared to be a development area under Section 3 or, as the case may be, an urban development area under Section 22;(x)"development plan" means a plan for the development or re-development or improvement or improvement of a development area;[(x-a) "development right" means a right to develop the land or building or both on any land to be acquired under Section 20 to the extent as may be decided in the development plan;] [Inserted by Gujarat Act No. 11 of 2014, dated 28.7.2014.](xi)"engineering operations" includes the formation or laying out of a street or of means of access to a road or the laying out of means or water supply, drainage, sewerage, supply of electricity or gas or of any other public utility service;(xii)"final plot" means a plot reconstituted from an original plot and allotted in a town planing scheme as a final plot;(xiii)"land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;(xiv)"local authority" means a municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949), as in force in the State of Gujarat, a municipality constituted or deemed to be constituted under the Gujarat Municipalities Act, 1963 (Gujarat XXXIV of 1964), a committee appointed for a notified area under the Gujarat Municipalities Act, 1963 or a gram or nagar panchayat constituted or deemed to be constituted under the Gujarat Panchayats Act, 1961 (Gujarat VI of 1962);(xv)"notification" means a notification published in the Official Gazette;(xvi)"occupier" includes,-(a)any person who for the time being is paying or is liable to pay to the owner the rent of the land or building in respect of which such rent is paid or is payable;(b)an owner living in or otherwise using his land or building;(c)a rent free tenant;(d)a licencee in occupation of any land or building;(e)any person who is liable to pay to the owner damages or compensation for the use and occupation of any land or building;(xvii)"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 :-(a)railways;(b)national highways;(c)national waterways;(d)major ports;(e)airways and aerodromes;(f)posts and telegraphs, telephones, wireless, broadcasting and other like forms of communication;(g)regional grid for electricity;(h)any other service which the State 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 clause.Explanation. - For the removal of doubts, it is hereby declared that the construction(i)new residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hotels, clubs, institutes and schools, in the case of railways; and(ii)a new building, new structure or new installation or any extension thereof, in the case of any other service, shall not be deemed to be construction within the meaning of this clause;(xviii)"owner", in relation to any property, includes any person who is, for the time being receiving or entitled to receive, 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, manager or receiver for any other person or for any religious or charitable institution, the rents or profits of the property; and also includes a mortgagee in possession thereof;(xix)"plot" means a portion of land held in one ownership and numbered and shown as one plot in a town planning scheme;(xx)"preliminary scheme" means a preliminary scheme relating to a town planning scheme prepared by the Town Planning Officer under Section 51;(xxi)"prescribed" means prescribed by rules made under this Act;(xxii)"reconstituted plot" means a plot which is in any way altered by the making of a town planning scheme.Explanation. - For the purposes of this clause "altered" includes the alteration of ownership of a plot;(xxiii)"regulation" means a regulation made under Section 119 and includes zoning and other regulations made as part of a development plan or town planning scheme;(xxiv)"residence" includes the use for human habitation of any land or building or part thereof, the use of gardens, grounds, garages, stables and outhouses, if any, appertaining to such land or building, and the expression "residential" shall be construed accordingly;(xxv)"rule" means a rule made under Section 118;(xxvi)"scheme" means a town planning scheme prepared under this Act, and includes a plan or plans, together with the descriptive matter, if any relating to such scheme;(xxvii)"Town Planning Officer" means Town Planning Officer appointed under Section 50;(xxviii)"urban development authority" means an urban development authority constituted under Section 22;(xxix)"urban development area" means an area declared to be an urban development area under Section 22;(xxx)[ "Government company" means a Government company registered under the Companies Act, 1956 (1 of 1956) which has one of its objects the development of an area.] [Clause (xxx) was added by Gujarat 2 of 1999, Section 2 (1) (ii) (w.e.f. 01-05-1999).]
