Section 2 in The M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973
2. Definitions.
- In this Act, unless the context otherwise requires,-(a)"agriculture" includes horticulture, farming, raising of annual or periodical crops, fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation of soil, the reserving of land for fodder, grazing or thatching grass, breeding and keeping of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, and the use of land ancillary to the farming of land, but does not include-(i)keeping of cattle purely for the purpose of milking and selling the milk and milk products;(ii)a garden which is an appendage of buildings, and the expression 'agricultural' shall be construed accordingly.(b)"amenity" includes roads and streets, water and electric supply, open spaces, parks, recreational area, natural features, play-grounds, street lighting, drainage, sewerage and other utilities, services and conveniences;(c)"building" means a house, hut, shed or other structure for whatever purposes and with whatever material constructed and every parts thereof, whether temporary or permanent and whether used as human habitation or not and includes a well, latrine, drainage work, fixed platform, verandah, plinth, door steps, compound wall, fencing and the like; and any work connected therewith but does not include plant or machinery comprised in a building;(d)"building operation" includes-(i)[erection or re-erection or demolition] [Substituted by M.P. Act No. 4 of 1983 (w.e.f. 19-11-1982).] of a building or any part thereof;(ii)rooting or re-roofing of any part of building or an open space;(iii)any material alteration or enlargement of a building;(iv)any such alteration of a building as is likely to alter its drainage or sanitary arrangements, or materially affect its security;(v)the construction of a door opening on any street or land not belonging to the owner.(e)"commercial use" means the use of land or building or part thereof for the purpose of carrying on any trade, business or profession, or sale or exchange of goods of any type whatsoever and includes running of with a view to making profit, hospitals, nursing homes, infirmaries, educational institution, hotels, restaurants and boarding houses (not being attached to any educational institution) sarais, and also includes the use of any land or buildings for storage of goods or as an office, whether attached to an industry or otherwise;(f)"development" with its grammatical variations means the carrying out of a building, engineering, mining or other operation in, or over or under land, or the making of any material change in any building or land or in the use of either, and includes sub-division of any land;(g)"development plan" includes a zoning, plan;(ga)[ "Development Rights Certificate (DRC)" means a certificate granting transferable development rights to its holder and issued by an authority authorised for this purpose by the State Government; [Inserted by M.P. Act No. 14 of 2017, dated 20.4.2017.](gb)"DRC Account" means a tabulated account maintained by the authority, having entries of generating area, total allotted area, transferred area at any point of time, the person purchasing such area and the receiving area;](h)"Director" means the Director of Town and Country Planning appointed under this Act;(i)"existing land use map" means a map indicating the use to which lands in any specified area are put at the time of preparing the map, and includes the register prepared, with the map giving details of land use;(ia)[ "generating area" means the area proposed for a public project, including public amenities and facilities, recreation, transportation, slum rehabilitation, public housing and any other special use by the Government and its undertakings in the respective planning area, which shall be notified in such form as may be prescribed;] [Inserted by M.P. Act No. 14 of 2017, dated 20.4.2017.](j)"land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;(k)"local authority" means-(i)a Municipal Corporation constituted by or under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956):(ii)[ a Municipal Council or Nagar Panchayat constituted by or under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961); [Substituted by M.P. Act No. 8 of 1996 (w.e.f. 17-4-1996).](iii)a Gram Panchayat constituted under the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994).](l)"member" means a member of a Town and Country Development Authority or a Special Area Development Authority, as the case may be and includes a Chairman thereof;[(l-a) "natural hazard" means the probability of occurrence, with a specific period of time in a given area, of a potentially damaging natural phenomenon; [Inserted by M.P. Act No. 22 of 2005.](1-b) "natural hazard prone areas" means the areas likely to have-(i)moderate to very high risk zone of earthquakes; or(ii)significant Hood How or, inundation; or(iii)landslide potential or proneness; or(iv)more than one of these hazards.](m)"occupier" includes-(i)a tenant;(ii)an owner in occupation of or otherwise using his land;(iii)a rent free tenant;(iv)a licensee;(v)any person liable to pay to the owner, damages for the use and occupation of the land.(n)["owner" means the owner of land or building and includes] [Substituted by M.P. Act No. 4 of 1983 (w.e.f. 19-11-1982).] 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 behalf of or for the further benefit of any other person or as an agent trustee, guardian or receiver for any other person or for religious or charitable institutions or who would receive the rent or be entitled to receive the rent or premium if the land were to be let and includes a Head of a Government Department, General Manager of a Railway and the Chief Executive Officer, by whatever name designated, of a local authority, statutory authority, company, corporation or undertaking in respect of properties under their control;.(o)"planning area" means any area declared to be a planning area under this Act and [non-planning area shall be construed accordingly] [Inserted by M.P. Act No. 4 of 1983 (w.e.f. 19-11-1982).];(oo)[ "Reconstituted plot" means a plot which is altered as a result of preparation of a town development scheme;] [Inserted by M.P. Act No. 12 of 1975 (w.e.f. 4-5-1975).](ooa)[ "receiving area" means an area notified by the Director where any person is permitted to use an acquired right to build more floor area than base floor area ratio;] [Inserted by M.P. Act No. 14 of 2017, dated 20.4.2017.](p)"region" means any area established to be a region under this Act;(q)"regional plan" means a plan for the region prepared under this Act, and approved by the State Government;(r)[ "slum" means any area declared to be a slum area under Section 3 of the Madhya Pradesh Gandhi Basti Kshetra (Sudhar Tatha Nirmulan) Adhiniyam, 1976 (No. 39 of 1976);] [Substituted by M.P. Act No. 4 of 1983 (w.e.f. 19-11-1982).](s)"special area" means a special area designated as such under Section 64;(t)"Special Area Development Authority" means an authority constituted under Section 65;(u)"town development scheme" means a scheme prepared for the implementation of the provisions of a development plan by the Town and Country Development Authority and includes "scheme";(v)"Town and Country Development Authority" means an authority established under Section 38;(va)[ "transfer of the development rights (TDR)" means making available certain amount of additional built-up area in lieu of the area relinquished or surrendered by the owner of the land, so that he can use extra built-up area either himself or transfer it to another in need of the extra built-up area;] [Inserted by M.P. Act No. 14 of 2017, dated 20.4.2017.](w)"zone" means any section of a planning area for which, under the development plan, a detailed zoning plan is prepared;(x)[ Omitted.] [[Omitted by M.P. Act No. 21 of 2004. Prior to omission it was as under:(x)'Zila Yojana Samiti' means a samiti constituted under the Madhya Pradesh Zila Yojana Samiti Adhiniyam, 1995 (No. 19 of 1995);]]]
