Section 2 in Andhra Pradesh Capital Region Development Authority Act, 2014
2. Definitions.
- In this Act, unless the context otherwise requires, -(1)"agriculture" includes horticulture, farming, raising of crops, fruits, vegetables, grass, fodder, trees or any other kind of cultivation, breeding and keeping of live-stock, including horses, donkeys, mules, pigs, fish, poultry and bees; and the use of land for any purpose 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 purpose of a garden to be used along with such building and the expression `agricultural' shall be construed accordingly;(2)"amenity" means roads, streets, open spaces, parks, landscaping, playgrounds, recreational grounds, tourist spots, water and electric supply, street lighting, sewerage, drainage, public works, communication network, and other utility services and conveniences as the Government may specify by notification to be an amenity for the purposes of this Act;(3)"area development plan" means a five year plan of socioeconomic and spatial development for an area within the capital region providing all details of residential, commercial, transportation, green/open, mixed use, utilities, social infrastructure, industrial areas and so on conceived within the framework of its approved perspective plan and master plan;(4)"authority" means the Andhra Pradesh capital region development authority constituted under section 4 (1) of this Act and includes Commissioner or Competent Authority not below the rank of Deputy Collector appointed by Government to discharge certain functions under this Act or rules or standing orders made there under;(5)(a)"building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or any other purposes, whether in actual use or not;(b)'building operations', include:-(i)erection or re-erection of a building or any part thereof;(ii)roofing or re-roofing of a building or any part of a building or any open space; and(iii)any material alteration of a building or such alteration as is likely to affect the alteration of its drainage or sanitary arrangements or materially affect its security, or the construction of a door or opening on any street or land not belonging to the owner;(6)"capital city area" means area within capital region identified and notified by the Government of Andhra Pradesh as the capital city area for the State of Andhra Pradesh under section 3 (3) of this Act;(7)"capital region" means the area notified for the purpose of development by the Government of Andhra Pradesh as the capital region for the State of Andhra Pradesh under section 3 (1) of this Act;(8)"company" means a body corporate registered under the Companies Act, 2013 and includes a firm or association of individuals;(9)"commissioner" means the commissioner of the capital region development authority;(10)"developer entity" includes an individual, company or association or body of individuals whether incorporated or not, a cooperative society, a corporate body, or an agency national or international to whom a licence is given to undertake development works within the framework of a plan or development scheme duly approved under this Act;(11)"development" with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over, or under, land or the making of any material change, in any building or land or both, or in the use of any building or land or any material or structural change in any heritage building or its precinct, and includes demolition of any existing building, structure or erection and redevelopment, reclamation of land, conservation of environment, forming of layouts and sub-division of any land into plots, and development of amenities; and "to develop" shall be construed accordingly;(12)"development fund" means a fund created under section 25 of this Act;(13)"development plan" means a comprehensive plan for the development or redevelopment or improvement of a local area within the jurisdiction of the Authority covering the whole or part thereof, conceived within the framework of the perspective plan providing medium-term (five years) policies, programmes and detailed proposals for socioeconomic and spatial development of such area indicating the manner in which the use of land and development therein shall be carried out and includes a capital region development plan, capital city development plan, area development plan, town development plan, zonal development plan, village development plan, or any other plan or scheme prepared under the Act by whatsoever name known;(14)"development project or project" means plans conceived within the framework of approved development plan, containing detailed working layouts with all supporting infrastructure and documents including cost of development, source of finance and recovery instruments for their execution;(15)"development scheme" means the method of securing land required for a development plan by means of land acquisition or land pooling or any other means, and the details of implementation of the plan in the secured land. All these details are incorporated in a document conferring rights on land by specifying how this land may be used and developed, and outlines the processes to be followed before development occurs;(16)"floor space index or floor area ratio" means the quotient or the ratio of the total covered area of all floors to the total area of the plot, multiplied by hundred;(17)"former authority" means the Vijayawada-Guntur-Tenali-Mangalagiri Urban Development Authority;(18)"government" means the State Government of Andhra Pradesh;(19)"heritage building" means and includes any building comprising of one or more premises or any part thereof or structure or artefact which requires conservation or preservation for historical or architectural or artistic or artisanry or aesthetic or cultural or environmental or ecological purposes and includes such portion of land joining such building or part thereof as may be required for fencing or covering or in any manner preserving the historical or architectural or aesthetic or cultural or environmental value of such a building;(20)'infrastructure plan' means a plan showing existing and proposed major infrastructure facilities like circulation network including ring/radial/grid roads connecting all the settlements, transport, power, water supply, natural drainage, sewerage system, solid waste disposal and management system, communications network and related facilities like power plants, roads, highways, railways, metro ways, airports, and the like;(21)"land" means land and includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth;(22)"land pooling scheme" means assembly of small land parcels under different ownerships voluntarily into a large land parcel, provide it with infrastructure in a planned manner and return the reconstituted land to the owners, after deducting the land required for public open spaces such as parks and play grounds, social housing for economically weaker sections, social amenities such as school, dispensary and other civic amenities, road network, and other infrastructure as specified under the Act as well as such extent of land in lieu of the cost of development towards the provision of infrastructure and amenities and other costs and expenses to be incurred for the scheme and external trunk infrastructure;(23)"land use" means the principal use of land for which a plot of land or building thereon is used or intended to be used. For the purpose of classification of a plot according to the land uses, a land use shall be deemed to include subsidiary land uses which are contingent upon it;(24)"local body" means a Municipal Corporation constituted under the respective Act; or a Municipality or a Nagar Panchayat constituted under the Andhra Pradesh Municipalities Act, 1965; or a Gram Panchayat constituted under the Andhra Pradesh Panchayat Raj Act,1994 or any other body constituted under the relevant Act to govern the municipal services;(25)"master plan" means a land use, infrastructure and transportation plan, indicating the location of residential, commercial, transportation, green/open, mixed use, utilities, social infrastructure, industrial, agricultural areas and ecologically fragile areas, prepared for the whole of the capital region or part thereof and could be at the concept level for a twenty year period reviewed every five years having a low level of detail or at a detailed level for up to ten year period;(26)"notification" means a notification published in the following manner and the word "notified" shall be construed accordingly;(a)in the Andhra Pradesh Gazette or District Gazette;(b)in two daily newspapers circulating in the capital region of which one shall be in Telugu language;(c)in Telugu language in the Gram Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Revenue Divisional Officer, the Tehsildar, the District Registrar and Sub- Registrar;(d)uploaded on the website of the Authority; or(e)in the manner as may be decided by the Authority;(27)"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 charges for the use and occupation of any land;(28)"operational construction" means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development, or execution of any of the services such as railways; national highways, state highways, other important roads; waterways; ports; airways and aerodromes; postal, telecom services of Bharat Sanchar Nigam Limited; electricity; defence; Oil and Natural Gas Commission/Gas Authority of India Limited; works undertaken by the Authority or any Local body; or 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 clause.Explanation. - For the removal of doubts, it is hereby declared that the construction of,-(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;(29)"original plot" in the context of development scheme means the parcel of land extent vesting with the land owner as per revenue records or in possession as on the day of notification of declaration of intention of the development scheme, whichever is less, and while undertaking the preparation and sanction of the development scheme, the tenure and encumbrances on the plot remain unaffected;(30)"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; and also includes a person, company, trust, institute, registered body, state or central government and its attached subordinate departments, undertakings and the like, in whose name the property rights are vested;(31)"periphery area" means area adjoining the boundary of the capital region declared as such under section 148 of this Act;(32)"perspective plan" means a long-term (100 years) strategic plan providing the goals, policies, strategies and general programmes of spatio-economic development of the capital region in line with the policies of government, and includes plans for land use, infrastructure, transportation and socioeconomic development prepared for the whole of the capital region that guide development and is revised every ten years. The plan shall indicate land use zones such as agricultural zone, industrial zone, green zone, capital city zone along with other infrastructure proposals like expressways, highways, rail and metro corridors, water, power generation and distribution centres, sewerage plans, ecologically fragile and forest zones, and so on;(33)"plan" means the statement of proposals, policies and development briefs for securing, promoting and regulating development in a planning area, and includes a map or maps or sets of documents or all of them; and includes a perspective plan, a development plan of the capital region, capital city, local body or a local area, as the case may be, prepared under this Act;(34)"prescribed" means prescribed by rules, regulations and/or standing orders made under this Act;(35)"reconstituted plot" means a final plot or land which is in any way altered by a development scheme;(36)"regulation" means regulations that are made from time to time by the Authority to carry out the objects of this Act;(37)"residence" includes the use of any land or building or part thereof for human habitation, and the expression `residential use' shall be construed accordingly;(38)"rule" means a rule made under this Act by government and laid before the State Legislature;(39)"sector" means a part of capital city area taken up for detailed planning and implementation;(40)"standing order" means a standing order made under this Act and includes zoning regulations and other regulations made as part of the plans prepared under this Act;(41)"transferable development right" means a development right to transfer the potential of a plot designated for a public purpose in a plan, expressed in terms of total permissible built space calculated on the basis of floor space index or floor area ratio allowable for that plot, for utilization 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 space over and above the permissible limit in lieu of compensation for the surrender of the concerned plot free form all encumbrances to the Authority; and(42)"zone" means a part of capital region or capital city area identified with a specific dominant land use or urban function for the purpose of securing, promoting and regulating development and for providing the urban services under this Act, and the expression `zoning regulation' shall be construed accordingly.
