Section 2 in Puducherry Town and Country Planning Act, 1969
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context, -(1)"agriculture" includes horticulture, farming, growing a crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil; breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, fish, poultry and bees; the use of land which is ancillary to the forming of land or any other agricultural purposes, but shall not include the use of any land attached to a building for the purposes of a garden to be used along with such building, and "agricultural" shall be construed accordingly;(2)"amenities" include roads and streets, open spaces, parks, recreational grounds, play grounds, water and electric supply, street lighting, swerage, drainage, public works and other utilities, services and convenience;(3)"area of bad lay-out or obsolete development" means an area consisting of land which is badly laid out or of obsolete development, together with other land contiguous or adjacent thereto which is defined by a development plan as an area of bad lay-out or obsolete development;(4)"Board" means Puducherry Town and Country Planning Board constituted under this Act;(5)"building" includes -(a)a house, out-house, stable, latrine, godown, shed, hut, wall (other than a boundary wall not exceeding 2.5 metres in height) and any other structure whether of masonry, bricks, mud, metal or any other material whatsoever;(b)a structure on wheels or simply resting on the ground without foundations; and(c)a ship, vessel, boat, tent, van or any other structure used for human habitation or used for keeping or storing any article or goods;(6)"building line" means the line which is in the rear of the street alignment or boundary and to which the plinth of a building adjoining on a street or an extension of a street or on a future street may lawfully extend and includes the line prescribed, if any, in any development plan or in the building rules;(7)"building operations" include-(a)erection or re-erection of a building or any part of it;(b)roofing, re-roofing of any part of building or open space;(c)any material alteration or enlargement of any building;(d)any material change in the use of a building including the use of its one or more parts used for human habitation into a greater number of such parts;(e)any such alteration of a building as is likely to effect an alteration of its drainage or sanitary arrangements or materially affects its security;(f)the construction of a door opening on any street or land not belonging to the owner;(8)"commerce" means carrying on any industry, trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of, with a view to make profit, hospitals, nursing homes, infirmaries, educational institutions and also includes hotels, restaurants, boarding houses not attached to any educational institution, choultries; and "commercial" shall be construed accordingly;(9)"commercial use" includes the use of any land or building or part thereof for purposes of commerce as defined or for storage of goods, or as an office, whether attached to industry or otherwise;(10)"Court" means a principal civil court of original jurisdiction and includes any other court empowered by the Government to perform the functions of the court under this Act within the pecuniary and local limits of its jurisdiction;(11)"development" with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, on, over or under the land 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 land;(12)"Development plan" means an interim development plan or comprehensive development plan or detailed development plan prepared under this Act;(13)"Engineering operations" include the formation or laying out of means of access to a road or the laying out the means of water supply, drainage, swerage or of electricity cables and lines or of telephone lines;(14)"Government" means the Administrator appointed by the President under article 239 of the Constitution;(15)"industry" includes the carrying out of any manufacturing process as defined in the Factories Act, 1948 (Central Act 63 of 1948); and "industrial" shall be construed accordingly;(16)"industrial use" includes the use of any land or building or part thereof for purposes of an industry as defined;(17)"land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;(18)"Land Use Map" is a map that contains the existing use of every piece of land in the planning area and the existing use of every building therein;(19)"Land Use Register" is a register which contains a set of Land and Building Use Map to record and maintain the Land and Building Use Surveys conducted from time to time;(20)"Local authority" means a municipal council or other authority legally entitled to or entrusted by the Government with the control or management of a municipal or local fund or which is permitted by the Government to exercise the powers of a local authority, and a Local authority, is a "Local authority concerned" if any land within its local limits falls in the area of a plan prepared or to be prepared under this Act;(21)"local Newspaper" means any newspaper published or circulated within the local planning area;(22)"Non-conforming Use" is a use of land which does not conform to the zone use as prescribed in the Development plan;(23)"occupier" includes -(a)a tenant;(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; and(e)any person who is liable to pay to the owner damages for the use and occupation of any land;(24)"owner" includes 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 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 were let to a 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;(25)"planning area" means any area declared to be a local planning area under section 8 of this Act;(26)"Planning Authority" means any local Planning authority constituted under this Act;(27)"prescribed" means prescribed by rules or regulations made, under this Act;(28)"private street" means any street, road, square, court, alley, passage or riding path which is not a public street, but does not include a pathway made by the owner or premises on his own land to secure the access to or the convenient use of such premises;(29)"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;(30)"public street" means any street, road, square, court alley, passage or riding path over which the public have a right of way, whether a thoroughfare or not and includes -(a)the roadway over any public bridge or causeway and(b)the footway attached to any such street, public bridge or causeway.(31)"Regulation" means a regulation made under this Act by the Government and includes zoning and other regulations made as a part of a Development Plan;(32)"relocation of population" means, in relation to an area of bad lay-out or obsolete development or a slum area, 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;(33)"residence" includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and outhouses, if any, appertaining to such building; and "Residential" shall be construed accordingly;(34)"rules" means a rule made under this Act by the Government by notification in the Official Gazette;(35)"Senior Town Planner" means the Town Planner appointed by the Government under section 10;(36)"slum area" means any predominantly residential area, where the dwellings which by reason of dilapidation, over-crowding, faulty arrangement of design, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to public safety, health or morals and which is defined by development plan as a slum area;(37)"Town and Country Planning Department" means the Department set up by the Government for purposes assigned to under this Act;(38)"Union territory" means the Union territory of Puducherry.CHAPTER - II Puducherry Town and Country Planning Board
