Section 3 in Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978
3. Definitions.
- In this Act, unless the context otherwise requires, -(a)"building regulations" means the regulations contained in the master plan, or the law in force governing the construction of buildings";(b)"ceiling limit" means the ceiling limit specified in section 5;(c)"commencement of this Act" means-(i)in respect of any urban agglomeration specified in Schedule I, the 3rd day of August, 1976,(ii)in respect of any area declared to be an urban agglomeration by a notification under sub-clause (ii) of clause (n) of section 3, the date of publication of such notification in the Tamil Nadu Government Gazette;(iii)where any land, not being vacant land, has become vacant land by any reason whatsoever, the date on which such land becomes vacant land;(d)"competent authority" means any person or authority authorised by the State Government, by notification in the Tamil Nadu Government Gazette, to perform the functions of the competent authority under this Act for such area: as may be specified in the notification and different persons or authorities may be authorised to perform different functions;(e)"dwelling unit" , in relation to a building or a portion of a building, means a unit of accommodation, in such building or portion, used solely for the purpose of residence.Explanation. - Where, according to the plan approved by the appropriate authority, a unit of accommodation in any building or portion thereof is to be used solely for the purpose of residence, such unit of accommodation shall be deemed to be a dwelling unit;(f)"family", in relation to a person, means the individual, the wife or husband, as the case may be, of such individual and their unmarried minor children.Explanation. - For the purpose of this clause, "minor" means a person who has not completed his or her age of eighteen years;(g)"industrial undertaking" means any undertaking engaged in the manufacture or production of goods specified in Schedule III or carrying on any other activities specified in the said Schedule;(h)"land appurtenant" , in relation to any building means an extent of five hundred square metres contiguous to the land occupied by such building and includes,-(i)in the case of any building constructed before or under construction on the commencement of this Act with a dwelling unit therein, or(ii)in the case of any building proposed to be constructed with a dwelling unit therein and in respect of which the plan for such building has been approved by the appropriate authority before the commencement of this Act,an additional extent not exceeding five hundred square metros of land, if any, contiguous to the said extent of five hundred square metres of land:Provided that in relation to a multi-storeyed building, the extent of land contiguous to the land occupied by such multi-storeyed building permitted according to the plan approved by the appropriate authority shall be deemed to be the land appurtenant;(i)"master plan" , in relation to an area within an urban agglomeration or, any part thereof, means the plan (by whatever name called) prepared under any law for the time being in force or in pursuance of an order made by the State Government for the development of such area or part thereof;(j)"person" includes an individual, a family, a firm, a company or an association or body of individuals, whether incorporated or not;(k)"prescribed" means prescribed by rules made under this Act;(l)"to hold" with its grammatical variations, in relation to any vacant land, means-(i)to own such land; or(ii)to possess such land as owner or as tenant or as mortgagee or under an irrevocable power-of-attorney or under a hire-purchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities.Explanation I. - For the purpose of this clause, "tenant" means any person who has paid or has agreed to pay rent or other consideration for his being allowed by another to enjoy the land of the latter under a tenancy agreement, express or implied, and includes-(i)any such person who continues in possession of the land after the determination of the tenancy agreement;(ii)the heirs, assignees, legal representative of such person, or persons deriving rights through such person.Explanation II. - Where the same vacant land is held by one person in one capacity and by another person in another capacity, then, for the purposes of this Act, such land shall be deemed to be held by both such persons;(m)"Tribunal" means the Urban Land Tribunal Constituted under section 13;(n)"urban agglomeration" means-(i)the area comprised in the urban agglomeration specified in Schedule I; and(ii)any other area which the State Government may, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require by notification in the Tamil Nadu Government Gazette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category III in that Schedule;(o)"urban land" means-(i)any land situated within the limits of an urban agglomeration and referred to as such in the master plan; or(ii)in a case where there is no master plan, or where the master plan does not refer to any land as urban land, any land within the limits of an urban agglomeration but deem not include any such land which is mainly used for the purpose of agriculture.Explanation. - For the purpose of this clause and clause (p),-(A)"agriculture" includes horticulture, but does not include-(i)raising of grass,(ii)dairy farming,(iii)poultry farming,(iv)breeding of livestock, and(v)such cultivation, or the growing of such plant, as may be prescribed;(B)land shall not be deemed to be used mainly for the purpose of agriculture, in such land is not entered in the revenue or land records before the commencement of this Act as for the purpose of agriculture;(C)notwithstanding anything contained in the clause (B) of this Explanation, land shall not be deemed to be mainly used for the purpose of agriculture if the land has been specified in the master plan for a purpose other than agriculture:Provided that where any such land is actually used mainly for the purpose of agriculture, such land shall not be deemed to be urban or vacant land so long as it is continued to be so used for the purpose of agriculture;(D)where on the commencement of this Act, any land is actually used mainly for the purpose of agriculture, but is used mainly for a purpose other than agriculture, after such commencement, then on and from the date on which such land is used for any purpose other than agriculture, the land shall be deemed to be vacant land and accordingly the provisions of this Act shall apply.(p)"vacant land" means land, not being land mainly used for the purpose of agriculture, in an urban agglomeration, but does not include-(i)land on which construction of a building is not permissible under the building regulations in force in the area in which such land is situated;(ii)in an area where there are building regulations,-(a)the land occupied by any building constructed before, or under construction on the commencement of this Act with the approval of the appropriate authority and the land appurtenant to such building;(b)the land where any building is proposed to be constructed in respect of which the building plan has been approved by the appropriate authority before the commencement of this Act and the land appurtenant to such building;(iii)in an area where there are no building regulations, the land occupied by any building constructed before or under construction on the commencement of this Act and the land appurtenant to such building; and(iv)the land which is exclusively used as pathway by one or more families subject to such limits and conditions as may be prescribed:Provided that where any person ordinarily keeps his cattle, other than for the purpose of dairy farming or for the purpose of breeding of livestock, on any land situated in a village within an urban agglomeration (described as a village in the revenue records), then, so much extent of the land as has been ordinarily used for the keeping of such cattle immediately before such commencement shall not be deemed to be vacant land for the purposes of this clause.
